Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 03, 2023 |
signed chap.56 |
May 02, 2023 |
delivered to governor returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.723 substituted for s4006c |
May 02, 2023 |
substituted by a3006c ordered to third reading cal.723 |
May 01, 2023 |
print number 4006c |
May 01, 2023 |
amend (t) and recommit to finance |
Mar 14, 2023 |
print number 4006b |
Mar 14, 2023 |
amend (t) and recommit to finance |
Mar 06, 2023 |
print number 4006a |
Mar 06, 2023 |
amend (t) and recommit to finance |
Feb 01, 2023 |
referred to finance |
Senate Bill S4006C
Signed By Governor2023-2024 Legislative Session
(ELFA) Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status Via A3006 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 2, 2023
aye (39)- Addabbo Jr.
- Bailey
- Breslin
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (24)The following Member(s) participated via videoconferencing: Cooney
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May 2, 2023 - Finance Committee Vote
S4006C14Aye6Nay2Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2023-S4006 - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4006 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program
2023-S4006 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4006 A. 3006 S E N A T E - A S S E M B L Y February 1, 2023 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence; in relation to the high-impact tutoring set-aside; to amend the education law, in relation to foundation aid; to amend the education law, in relation to the number of charters issued; to amend the educa- tion law, in relation to actual valuation; to amend the education law, in relation to average daily attendance; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to prospective prekindergarten enroll- ment reporting; to amend the education law, in relation to transi- tional guidelines and rules; to amend the education law, in relation to universal prekindergarten expansions; to amend the education law, in relation to extending provisions of the statewide universal full- day pre-kindergarten program; to amend the education law, in relation to state aid adjustments; to amend the education law, in relation to certain moneys apportioned; to amend the education law, in relation to zero emission bus progress reporting; 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 2023-2024 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend part CCC of chapter 59 of the laws of 2018 amending the education law relating to a statement of the total funding allocation, 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 part C EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-01-3 S. 4006 2 A. 3006 of chapter 56 of the laws of 2020 directing the commissioner of educa- tion to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district, in relation to the effectiveness thereof; part C of chapter 57 of the laws of 2004 relating to the support of education, in relation to the effectiveness thereof; directing the education depart- ment to conduct a comprehensive study of alternative tuition rate-set- ting methodologies for approved providers operating school-age and preschool programs receiving funding; 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; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the education law, in relation to tuition authorization at the state university of New York and the city university of New York (Part B); to amend the education law, in relation to providing access to medica- tion abortion prescription drugs at the state university of New York and the city university of New York (Part C); to amend the education law, in relation to removing the maximum award caps for the liberty partnerships program (Part D); to amend the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part E); to amend the general munici- pal law and the public housing law, in relation to enacting the new homes targets and fast-track approval act (Part F); to amend the general city law, the town law and the village law, in relation to requiring certain densities of residential dwellings near transit stations (Part G); to amend the public housing law, in relation to requiring certain housing production information to be reported to the division of housing and community renewal (Part H); to amend the real property actions and proceedings law, in relation to determining when a dwelling is abandoned (Part I); to amend the multiple dwelling law, in relation to modernizing regulations for office building conver- sions; and providing for the repeal of certain provisions of such law relating thereto (Part J); to amend the multiple dwelling law and the private housing finance law, in relation to establishing a program to address the legalization of specified basement dwelling units and the conversion of other specified basement dwelling units in a city with a population of one million or more (Part K); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part L); to amend the real property tax law, in relation to authorizing a tax abatement for alterations and improvements to multiple dwellings for purposes of preserving habitability in affordable housing (Part M); to amend the real property tax law, in relation to authorizing a city, town or village other than a city with a population of one S. 4006 3 A. 3006 million or more to provide by local law for a tax exemption for new construction of eligible rental multiple dwellings (Part N); to amend the real property tax law, in relation to providing a tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit (Part O); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more (Part P); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Q); to amend the real property tax law, in relation to eligible multiple dwellings (Part R); to amend the labor law and the public health law, in relation to indexing the minimum wage to inflation (Part S); to amend the New York city charter, the education law, the general municipal law, the labor law, the public authorities law, chapter 1016 of the laws of 1969 constituting the New York city health and hospitals corporation act, and chapter 749 of the laws of 2019 constituting the New York city public works investment act, in relation to providing for employment opportunities for economically disadvantaged candidates and economically disadvantaged region candidates and apprenticeship utilization on public transactions; and providing for the repeal of such provisions upon expiration thereof (Part T); to amend the social services law, in relation to eligibility for child care assistance; and to repeal certain provisions of such law relating thereto (Part U); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residen- tial school placements, in relation to the effectiveness thereof (Part V); to amend subpart A of chapter 57 of the laws of 2012 amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, and to amend subpart B of part G of chapter 57 of the laws of 2012 amending the social services law, the family court act and the executive law relat- ing to juvenile delinquents, in relation to making such provisions permanent (Part W); to amend the social services law, in relation to eliminating the requirement for combined education and other work/activity assignments, directing approval of certain education and vocational training activities up to two-year post-secondary degree programs and providing for a disregard of earned income received by a recipient of public assistance derived from participating in a quali- fied work activity or training program, and further providing for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); to amend the social services law, in relation to the replacement of stolen public assistance (Part Y); and to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disa- bled persons living in the community (Part Z) 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 2023-2024 state fiscal year. Each component is wholly contained within a Part identified as Parts A through Z. 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 S. 4006 4 A. 3006 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 chapter 556 of the laws of 2022, 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 S. 4006 5 A. 3006 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 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 S. 4006 6 A. 3006 year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty--two thousand twen- ty-one school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two thousand twenty-one school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-two--two thousand twenty- three school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twenty-one--two thousand twenty-two school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY- THREE 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-THREE--TWO THOUSAND TWENTY-FOUR 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-- TWO THOUSAND TWENTY-THREE SCHOOL YEAR; provided, however, that, in a city school district in a city having a population of one million or more, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, the contract for excellence shall provide for the expenditure as set forth in subparagraph (v) of para- graph a of subdivision two of this section. For purposes of this para- graph, 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. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph k to read as follows: K. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU- SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE-- S. 4006 7 A. 3006 TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI- SION ONE OF THIS SECTION PLUS THE GREATER OF (A) THE POSITIVE DIFFER- ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. § 3. Subdivision 4 of section 3602 of education law is amended by adding a new paragraph e-1 to read as follows: E-1. HIGH-IMPACT TUTORING SET-ASIDE. FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL SET ASIDE FROM ITS TOTAL FOUNDATION AID THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "HIGH-IMPACT TUTORING SET-ASIDE" UNDER THE HEADING "2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4", AS COMPUTED PURSUANT TO THIS PARAGRAPH. EACH SCHOOL DISTRICT SHALL USE SUCH HIGH-IMPACT TUTORING SET-ASIDE AMOUNT TO DELIVER SMALL GROUP OR INDIVIDUAL TUTORING SESSIONS IN READING AND MATHEMATICS TO STUDENTS IN GRADES THREE THROUGH EIGHT DESIGNATED BY EACH SCHOOL DISTRICT AS AT RISK OF FALLING BELOW STATE STANDARDS. SUCH SERVICES AND SESSIONS MAY BE PROVIDED DURING THE SCHOOL DAY, BEFORE OR AFTER SCHOOL, OR ON THE WEEKEND AND MUST OCCUR NO LESS THAN TWICE PER WEEK FOR NO LESS THAN THIRTY MINUTES UNTIL THE STUDENT IS NO LONGER DESIGNATED AS AT RISK. THE FUNDS SET ASIDE UNDER THIS SECTION SHALL ONLY BE USED TO SUPPLEMENT CURRENT FEDERAL, STATE AND LOCAL FUNDING AND IN NO CASE SHALL SUPPLANT CURRENT DISTRICT EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS ON HIGH-IMPACT TUTORING. (1) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR DISTRICTS SUBJECT TO A HIGH-IMPACT TUTORING SET-ASIDE, THIS SET-ASIDE SHALL EQUAL THE GREATER OF: (I) ONE HUNDRED THOUSAND DOLLARS OR (II) THE PRODUCT OF (A) ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN TEN- THOUSANDTHS (0.1177) MULTIPLIED BY (B) THE FOUNDATION AID INCREASE BASE. (2) A DISTRICT SHALL BE SUBJECT TO THE HIGH-IMPACT TUTORING SET-ASIDE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR IF (I) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID INCREASE BY THE FOUNDATION AID BASE IS GREATER THAN THREE HUNDREDTHS (0.03) AND (II) THE FOUNDATION AID INCREASE BASE IS GREATER THAN ONE HUNDRED THOU- SAND DOLLARS ($100,000). (3) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID INCREASE" SHALL EQUAL THE POSITIVE DIFFERENCE OF THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4" LESS THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2022-23 BASE YEAR AIDS" IN SUCH COMPUTER LISTING. (4) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID INCREASE BASE" SHALL EQUAL THE POSITIVE DIFFERENCE OF THE FOUNDATION AID INCREASE LESS THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDA- TION AID BASE. § 4. 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: S. 4006 8 A. 3006 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 STATEWIDE NUMERICAL LIMIT 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 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 chapter of the laws of two thousand fifteen which added this paragraph]. S. 4006 9 A. 3006 § 5. Paragraph c of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: c. "Actual valuation" shall mean the valuation of taxable real proper- ty in a school district obtained by taking the assessed valuation of taxable real property within such district as it appears upon the assessment roll of the town, city, village, or county in which such property is located, for the calendar year two years prior to the calen- dar year in which the base year commenced, after revision as provided by law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION PURSU- ANT TO THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW OR THE RESIDENTIAL REVALUATION EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE LAWS OF TWO THOUSAND TWENTY-ONE, and dividing it by the state equalization rate as determined by the [state board of equalization and assessment] COMMIS- SIONER OF TAXATION AND FINANCE, for the assessment roll of such town, city, village, or county completed during such preceding calendar year. The actual valuation of a central high school district shall be the sum of such valuations of its component districts. Such actual valuation shall include any actual valuation equivalent of payments in lieu of taxes determined pursuant to section four hundred eighty-five of the real property tax law. "Selected actual valuation" shall mean the lesser of actual valuation calculated for aid payable in the current year or the two-year average of the actual valuation calculated for aid payable in the current year and the actual valuation calculated for aid payable in the base year. § 6. Paragraph d of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: d. "Average daily attendance" shall mean the total number of attend- ance days of pupils in a public school of a school district in kinder- garten through grade twelve, or equivalent ungraded programs, plus the total number of instruction days for such pupils receiving homebound instruction including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, divided by the number of days the district school was in session as provided in this section. The attend- ance of pupils with disabilities attending under the provisions of para- graph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily attendance. § 7. Paragraph l of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: l. "Average daily membership" shall mean the possible aggregate attendance of all pupils in attendance in a public school of the school district in kindergarten through grade twelve, or equivalent ungraded programs, including possible aggregate attendance for such pupils receiving homebound instruction, including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre- gate attendance of such pupils in one-half day kindergartens multiplied by one-half, divided by the number of days the district school was in session as provided in this section. The full time equivalent enrollment of pupils with disabilities attending under the provisions of paragraph c of subdivision two of section forty-four hundred one of this chapter S. 4006 10 A. 3006 shall be added to average daily membership. Average daily membership shall include the equivalent attendance of the school district, as computed pursuant to paragraph d of this subdivision. In any instance where a pupil is a resident of another state or an Indian pupil is a resident of any portion of a reservation located wholly or partly within the borders of the state pursuant to subdivision four of section forty- one hundred one of this chapter or a pupil is living on federally owned land or property, such pupil's possible aggregate attendance shall be counted as part of the possible aggregate attendance of the school district in which such pupil is enrolled. § 8. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 14 of part A of chapter 56 of the laws of 2022, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten [through two thousand twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT- ER each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and enti- tled "SA0910". § 9. Paragraph b of subdivision 6-c of section 3602 of the education law, as amended by section 11 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen [and before the first day of July two thousand twenty-three] such addi- tional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivi- sion six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdi- vision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. § 10. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 15 of part A of chapter 56 of the laws of 2022, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou- sand [twenty-three] TWENTY-FOUR school year, each school district shall be entitled to an apportionment equal to the amount set forth for such S. 4006 11 A. 3006 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 11. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2022, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY- FOUR school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 12. Section 3602-e of the education law is amended by adding a new subdivision 3 to read as follows: 3. PROSPECTIVE PREKINDERGARTEN ENROLLMENT REPORTING. A. BEGINNING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART SHALL ANNUALLY REPORT TO THE COMMISSIONER: (I) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN DISTRICT-OPERATED PROGRAMS IN THE CURRENT YEAR; (II) THE NUMBER OF FOUR- YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL- DAY AND HALF-DAY SLOTS IN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZA- TIONS IN THE CURRENT YEAR; (III) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDIAN HAS APPLIED FOR A SEAT FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE DISTRICT LACKS CAPACITY TO OFFER A SEAT; (IV) THE TOTAL NUMBER OF FOUR-YEAR-OLD CHILDREN RESIDING IN THE DISTRICT WHO ARE ELIGIBLE TO BE SERVED UNDER THIS SECTION AND SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART, INCLUDING STUDENTS WHOSE S. 4006 12 A. 3006 PARENT OR GUARDIAN DID NOT APPLY, WHERE SUCH INFORMATION CAN BE REASON- ABLY ASCERTAINED; (V) THE TOTAL NUMBER OF STUDENTS WHO ARE ELIGIBLE TO ENROLL IN FOUR-YEAR-OLD PREKINDERGARTEN BUT ARE SERVED IN PRIVATE SETTINGS OR WHOSE PARENT OR GUARDIAN HAS NOT CHOSEN TO ENROLL THE STUDENT IN A PREKINDERGARTEN PROGRAM WHERE SUCH INFORMATION CAN BE REASONABLY ASCERTAINED; AND (VI) ANY OTHER INFORMATION AVAILABLE TO DISTRICTS AND NECESSARY TO ACCURATELY ESTIMATE THE UNMET DEMAND FOR FOUR-YEAR-OLD PREKINDERGARTEN SERVICES WITHIN THE DISTRICT. THIS REPORT SHALL BE DUE NO LATER THAN SEPTEMBER FIRST OF EACH YEAR AND SHALL BE COLLECTED AS PART OF THE APPLICATION SPECIFIED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. BEGINNING NOVEMBER FIRST, TWO THOUSAND TWENTY- THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT TO THE CHAIR- PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY DISTRICTS UNDER THIS SUBDIVISION. § 13. Subdivision 20 of section 3602-e of the education law is amended by adding a new paragraph b to read as follows: B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN- TY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA- GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI- PLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT. IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE LESS THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE EXPANSION SLOTS SHALL BE ZERO. (III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED" SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA- GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE- MENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR GRANTS AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. S. 4006 13 A. 3006 (IV) FOR PURPOSES OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD- UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN- DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF- DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS (B) THE NUMBER OF PUPILS SERVED IN A CONVERSION SLOT PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5). § 14. Paragraph d of subdivision 12 of section 3602-e of the education law, as amended by section 17-b of part A of chapter 56 of the laws of 2022, is amended to read as follows: d. transitional guidelines and rules which allow a program to meet the required staff qualifications and any other requirements set forth pursuant to this section and regulations adopted by the board of regents and the commissioner; provided that such guidelines include an annual process by which a district may apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or registering agency. Provided, further, that the commissioner shall annually submit a report by [September] NOVEMBER first to the chairperson of the assembly ways and means commit- tee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiv- er pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collab- orating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. § 15. Paragraph c of subdivision 8 of section 3602-ee of the education law, as amended by section 17-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: (c) for eligible agencies as defined in paragraph b of subdivision one of section thirty-six hundred two-e of this part that are not schools, a bachelor's degree in early childhood education. Provided however, begin- ning with the two thousand twenty-two--two thousand twenty-three school year, a school district may annually apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that S. 4006 14 A. 3006 would allow personnel employed by an eligible agency that is collaborat- ing with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. Provided further that the commissioner shall annually submit a report by [Septem- ber] NOVEMBER first to the chairperson of the assembly ways and means committee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiver pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligi- ble agency that is collaborating with a school district to provide prek- indergarten services and licensed by an agency other than the depart- ment; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collaborating with a school district to provide prekin- dergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or regis- tering agency. § 16. Subdivision 16 of section 3602-ee of the education law, as amended by section 17 of part A of chapter 56 of the laws of 2022, 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-three] TWENTY-FOUR; provided that the program shall continue and remain in full effect. § 17. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- S. 4006 15 A. 3006 ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget.] IT IS 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- -TWO THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR STATE FISCAL YEAR AND ENTITLED "BT232-4", AND FURTHER PROVIDED THAT FOR ANY APPOR- TIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN S. 4006 16 A. 3006 HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIR- TY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDI- VISIONS FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. § 18. The opening paragraph of section 3609-a of the education law, as amended by section 19 of part A of chapter 56 of the laws of 2022, 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--two thousand twenty-three school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individual- ized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdi- vision 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--two thousand twenty- three school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA222-3".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE SUM OF APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY- SIX HUNDRED TWO OF THIS ARTICLE PLUS THE LESSER OF: (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 S. 4006 17 A. 3006 THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDI- VIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION 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, LESS APPORTION- MENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED, EXCLUDING APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF 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. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT232-4". § 19. Section 3638 of the education law is amended by adding a new subdivision 7 to read as follows: 7. ZERO-EMISSION BUS PROGRESS REPORTING. A. BEGINNING IN THE TWO THOU- SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL ANNUALLY SUBMIT TO THE COMMISSIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF ZERO-EM- ISSION BUSES AS REQUIRED UNDER THIS SECTION IN A FORMAT PRESCRIBED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, (I) SUFFICIENCY OF THE ELECTRIC GRID TO SUPPORT ANTICIPATED ELECTRICAL NEEDS, (II) THE AVAILABILITY AND INSTALLATION OF CHARGING STATIONS AND OTHER COMPONENTS REQUIRED TO SUPPORT THE ANTICIPATED FULL NEEDS FOR ZERO-EMISSION SCHOOL BUSES, (III) PROGRESS OF THE TRAINING AND WORKFORCE DEVELOPMENT NEEDED TO SUPPORT, MAINTAIN, AND SERVICE ZERO-EMISSION BUSES, (IV) THE NUMBER AND PROPOR- TION OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY DISTRICTS PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC- IPATED NUMBER FOR THE NEXT TWO YEARS, AND (V) THE NUMBER AND PROPORTION OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY CONTRACTORS PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC- IPATED NUMBER FOR THE NEXT TWO YEARS. THESE REPORTS SHALL BE DUE NO LATER THAN AUGUST FIRST OF EACH YEAR. BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT TO THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR- PERSON OF THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET S. 4006 18 A. 3006 WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY DISTRICTS UNDER THIS SUBDIVISION. § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 20 of part A of chapter 56 of the laws of 2022, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, [and] reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE- MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); for the 2021--2022 school year such contact hours shall not exceed one million four hundred sixteen thousand one hundred twenty-two (1,416,122); [and] for the 2022--2023 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2023--2024 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION ONE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED NINETY-NINE (1,168,699). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivi- sion 11 of section 3602 of the education law. § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion bb to read as follows: BB. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED S. 4006 19 A. 3006 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2022, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed [on] June 30, [2023] 2024. § 23. Subdivision 2 of section 44 of part CCC of chapter 59 of the laws of 2018 amending the education law, relating to a statement of the total funding allocation, is amended to read as follows: 2. Sections four and four-a of this act shall expire and be deemed repealed June 30, [2023] 2028; and § 24. Section 12 of chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 24 of part A of chapter 56 of the laws of 2022, 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, 2023 when upon such date the provisions of this act shall be deemed repealed]. § 25. Section 12 of part C of chapter 56 of the laws of 2020 direct- ing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the appor- tionment of aid to such school district, is amended to read as follows: § 12. This act shall take effect immediately, provided, however, that sections two, three, four, five, six, seven, eight, nine and ten of this act shall expire and be deemed repealed June 30, [2023] 2025; and provided further, however that sections one and eleven of this act shall expire and be deemed repealed June 30, 2049. § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws of 2004 relating to the support of education, as amended by section 37 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 11. section seventy-one of this act shall expire and be deemed repealed June 30, [2023] 2028; § 27. 1. The education department shall conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age programs receiving funding under article 81 and article 89 of the education law and providers operating approved preschool special education programs under section 4410 of the education law. The department shall ensure that such study consider stakeholder feedback and include, but not be limited to, a comparative analysis of rate-setting methodologies utilized by other agencies of the state of New York, including the rate-setting methodology utilized by the office of children and family services for private residential school programs; options and recommendations for an alternative rate-setting methodology or methodologies; cost estimates for such alternative methodologies; and an analysis of current provider tuition rates compared to tuition rates that would be established under such alternative methodologies. 2. At a minimum, any recommended alternative rate-setting methodology or methodologies proposed for such preschool and school-age providers shall: (a) in total, be cost neutral to the state, school districts and counties; (b) substantially restrict or eliminate tuition rate appeals; S. 4006 20 A. 3006 (c) establish tuition rates that are calculated based on standardized parameters and criteria, including, but not limited to, defined program and staffing models, regional costs, and minimum required enrollment levels as a percentage of program operating capacities; (d) include a schedule to phase in new tuition rates in accordance with the recom- mended methodology or methodologies; and (e) ensure tuition rates for all programs can be calculated no later than the beginning of each school year. 3. The education department shall present its recommendations and analysis to the division of the budget no later than July 1, 2025, provided, however, that the department shall regularly consult with the division of the budget throughout completion of its study. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 28. 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 evalu- ation programs and for participation in state programs for the reporting of basic educational data, as amended by section 38 of part A of chapter 56 of the laws of 2021, 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 FURTHER THAT, FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, 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 APPROPRI- ATION 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 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 S. 4006 21 A. 3006 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. § 29. Special apportionment for salary expenses. 1. 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 2024 and not later than the last day of the third full business week of June 2024, 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, 2024, for salary expenses incurred between April 1 and June 30, 2023 and such apportionment shall not exceed the sum of (a) 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 (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 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 (d) 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 (e) 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. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 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. 3. 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 1 and 2 of this section shall first be deducted from the following payments due the school district during the school year S. 4006 22 A. 3006 following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 30. Special apportionment for public pension accruals. 1. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2024, 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, 2024 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 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. 3. 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 1 and 2 of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the S. 4006 23 A. 3006 district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 31. 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: 1. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2023--2024 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) 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. 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this subdivision, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2023--2024 school year, and for any city school district in a city having a population of more than one million, the set-aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the S. 4006 24 A. 3006 2023--2024 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. 4. For the purpose of teacher support for the 2023--2024 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 32. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2023 enacting the aid to localities budget shall be apportioned for the 2023-2024 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 such 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 2023-2024 by a chapter of the laws of 2023 enacting the aid to localities budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to ensure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, is amended to read as follows: S. 4006 25 A. 3006 (2) Notwithstanding any other provisions of law, for aid payable in the 2002-03 through [2022-23] 2027-28 school years, an amount equal to twenty million dollars ($20,000,000) of general support for public schools otherwise due and payable to the Rochester city school district on or before September first of the applicable school year shall be for an entitlement period ending the immediately preceding June thirtieth. § 34. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 35. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2023, provided, however, that: 1. Sections one, two, three, five, eight, nine, ten, eleven, fourteen, fifteen, sixteen, eighteen, twenty-two, thirty-one, and thirty-three of this act shall take effect July 1, 2023; 2. Section three of this act shall expire and be deemed repealed June 30, 2024; 3. Section nineteen of this act shall expire and be deemed repealed June 30, 2036; and 4. The amendments to chapter 756 of the laws of 1992 relating to fund- ing a program for work force education conducted by a consortium for worker education in New York city made by sections twenty and twenty-one of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. The opening paragraph of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: 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 institutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of tech- nology and the colleges of agriculture and technology 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 bacca- laureate degree at other state-operated institutions of the state university of New York. PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTAB- LISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION. Notwithstanding any other provision S. 4006 26 A. 3006 of this subparagraph, the trustees may authorize the setting of a sepa- rate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resi- dent students, only for students enrolled in distance learning courses who are not residents of the state. 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: § 2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 2 of chapter 437 of the laws of 2015, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at state-operated institutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs lead- ing 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 undergradu- ate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTABLISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of a separate category of tuition 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. The trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget. § 3. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding two new subparagraphs 4-a-1 and 4-c to read as follows: (4-A-1) COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR THROUGH THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT ACADEMIC YEAR, FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE STATE UNIVERSITY OR HIS OR HER DESIGNEE THE BOARD OF TRUSTEES MAY ANNUALLY RAISE NON-RESIDENT UNDERGRADUATE RATES OF TUITION FOR THE FOUR UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK IF THE BOARD SHALL DETERMINE THAT SUCH RATE INCREASE IS COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER INSTITUTIONS, PROVIDED HOWEVER THAT IN NO YEAR SHALL SUCH RATE OF TUITION EXCEED ONE HUNDRED AND TEN PERCENT OF THE TUITION RATE FOR THE UNIVERSITY CENTERS IN THE PRIOR ACADEMIC YEAR. (4-C) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND THEREAFTER, THE BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (I) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR, S. 4006 27 A. 3006 OR (II) THREE PERCENT. NOTWITHSTANDING THE PRECEDING, AND UPON THE APPROVAL OF THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, THE FOLLOWING INSTITUTIONS MAY HAVE ADDITIONAL INCREASES TO THE RESIDENT RATES OF UNDERGRADUATE TUITION THAT ARE IN ADDITION TO ANY IMPACT FROM THE PRECEDING; FOR THE UNIVERSITY CENTER AT ALBANY, THE UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVER- SITY CENTER AT STONY BROOK SUCH ANNUAL INCREASE MAY INCLUDE UP TO AN ADDITIONAL SIX PERCENTAGE POINTS. NOTWITHSTANDING THE PRECEDING, NO SUCH ADDITIONAL ANNUAL INCREASE SHALL RESULT IN A RATE IN EXCESS OF THIRTY PERCENT HIGHER THAN THE RATE CHARGED IN SUCH YEAR FOR STATE-OPER- ATED INSTITUTIONS OTHER THAN THE UNIVERSITY CENTER AT ALBANY, THE UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVERSITY CENTER AT STONY BROOK. MONIES GENERATED BY THESE PROSPEC- TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY SYSTEM. § 4. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN- TY-FOUR ACADEMIC YEAR AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (A) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR, OR (B) THREE PERCENT. MONIES GENERATED BY THESE PROSPEC- TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY SYSTEM. § 5. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 669 of the laws of 2022, is amended to read as follows: (a) (I) 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. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition 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. The trustees shall further provide that the payment of tuition and fees by any student who is not a S. 4006 28 A. 3006 resident of New York state, other than a non-immigrant noncitizen within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no great- er than that imposed for students who are residents of the state if such student: [(i)] (1) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attendance at an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or [(ii)] (2) attended an approved New York state program for general equivalency diploma exam preparation, received a general equivalency diploma issued within New York state and applied for attendance at an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or [(iii)] (3) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institu- tion or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. (II) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN- TY-FOUR ACADEMIC YEAR AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (1) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR, OR (2) THREE PERCENT. MONIES GENERATED BY THESE PROSPEC- TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY SYSTEM. § 6. This act shall take effect immediately; provided however: a. the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act shall be subject to the expiration and reversion of such subparagraph pursuant to section 16 of chapter 260 of the laws of 2011 as amended, when upon S. 4006 29 A. 3006 such date the provisions of section two of this act shall take effect; and b. the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section four of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 16 of chapter 260 of the laws of 2011 as amended, when upon such date the provisions of section five of this act shall take effect. PART C Section 1. The education law is amended by adding a new section 6438-b to read as follows: § 6438-B. ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS. 1. EVERY CAMPUS OF THE STATE UNIVERSITY OF NEW YORK AND EVERY CAMPUS OF THE CITY UNIVERSITY OF NEW YORK, WHICH SHALL INCLUDE THE COMMUNITY COLLEGE CAMPUSES OF SUCH INSTITUTIONS, SHALL PROVIDE ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS FOR ALL STUDENTS ENROLLED AT SUCH INSTI- TUTIONS. 2. FOR PURPOSES OF THIS SECTION, "ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS" MEANS EITHER: (A) THE PRESCRIBING AND DISPENSING OF MEDICATION ABORTION PRESCRIPTION DRUGS DIRECTLY TO A STUDENT, PERFORMED BY INDIVIDUALS LEGALLY CERTIFIED TO PRESCRIBE AND DISPENSE SUCH MEDICATION EMPLOYED BY OR WORKING ON BEHALF OF THE CAMPUS; OR (B) REFERRAL TO A HEALTHCARE PROVIDER OR PHARMACY IN THE COMMUNITY CERTIFIED TO DISPENSE SUCH MEDICATION. 3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL ADOPT UNIFORM POLICES FOR EACH UNIVERSITY ENSURING EFFECTIVE ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS PURSUANT TO THIS SECTION. § 2. This act shall take effect August 1, 2023. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D Section 1. Paragraphs b and c of subdivision 4 of section 612 of the education law, as added by chapter 425 of the laws of 1988, are amended to read as follows: [b. A grant to a recipient of an award under this section shall not exceed the amount of three hundred thousand dollars for any grant year, provided that a recipient may receive a grant in excess of such amount at the rate of twelve hundred fifty dollars for each student, in excess of two hundred forty students, who is provided compensatory and support services by the recipient during such grant year. c.] B. The grant recipients shall provide students at public and nonpublic schools the opportunity to receive compensatory and support services in an equitable manner consistent with the number and need of the children in such schools. § 2. This act shall take effect immediately. PART E Section 1. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: S. 4006 30 A. 3006 (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 DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL SHAREHOLDERS OF A 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 7404 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 REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED 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 ACTIVE- LY PARTICIPATES IN THE BUSINESS OF 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 OR AN AFFILIATED ENTI- TY. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 2. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 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 OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPO- RATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, AND (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, AND (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 PROFESSIONAL SERVICE CORPORATION ESTABLISHED PURSU- ANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL 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: S. 4006 31 A. 3006 (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 1503 OF THIS ARTICLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN ANY STATE, PROVIDED HOWEVER THAT AT LEAST A SIMPLE MAJORITY OF THE DIREC- TORS, AT LEAST A SIMPLE MAJORITY OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHARE- HOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 4. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, who has been rendering professional service to the public becomes legally disqualified to practice his OR HER profession within this state, he OR SHE shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of professional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his OR HER profession within this state shall be deemed to constitute an irrevocable offer by the disqual- ified shareholder to sell his OR HER shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compliance with this provision shall constitute a ground for forfeiture of its certif- icate of incorporation and its dissolution. § 5. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, may sell or transfer his OR HER shares in such corporation except to another individual who is eligible to have shares issued to him OR HER by such corporation or except in trust to another individual who would be eligible to receive shares if he OR SHE were employed by the corporation. Nothing herein contained shall be construed to prohibit the transfer of shares by oper- ation of law or by court decree. No transferee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligible to have shares issued to him OR HER if he OR SHE were an employee of the corporation and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court S. 4006 32 A. 3006 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 1503 OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LI- CENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTAB- LISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 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 1503 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 A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, AND (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: S. 4006 33 A. 3006 (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 A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPO- RATION 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 7404 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 REGIS- TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTIC- IPATES 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 BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY. § 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 AS A FIRM, 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 PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liability partnership formed to provide professional engineer- ing, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to arti- cle 145, article 147 and/or article 148 of the education law to practice S. 4006 34 A. 3006 one or more of such professions in this state. Each partner of a regis- tered 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 partner 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 practice marriage and family therapy in this state. Each partner of a registered 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 REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 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 REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) 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 OR AN AFFILIATED ENTITY. § 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 S. 4006 35 A. 3006 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 LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL PARTNERS OF THE FOREIGN 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 7404 OF THE EDUCA- TION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTER- EST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVI- ATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR S. 4006 36 A. 3006 (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED THAT 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 OR AN AFFILIATED ENTITY. § 10. 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 LIMIT- ED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health S. 4006 37 A. 3006 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 A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL MEMBERS OF A 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 7404 OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPI- TAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMUL- GATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, 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 OR AN AFFILIATED ENTITY. § 11. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, S. 4006 38 A. 3006 or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional S. 4006 39 A. 3006 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 A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 INDI- VIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) 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 7404 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 REGIS- TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGIS- TERED WITH THE EDUCATION DEPARTMENT 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) 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 INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY. § 12. Notwithstanding any other provision of law to the contrary, if a firm which is registered with the education department to lawfully engage in the practice of public accountancy has one or more non-licen- see owners, each such non-licensee owner of the firm whose principal place of business is in New York state shall pay a fee of nine hundred dollars to the department of education on a triennial basis. § 13. This act shall take effect immediately. PART F Section 1. Short title. This article shall be known and cited as the "new homes targets and fast-track approval act". S. 4006 40 A. 3006 § 2. Article 20 of the general municipal law is renumbered to be arti- cle 21, sections 1000 and 1001 are renumbered to be sections 1020 and 1021, and a new article 20 is added to read as follows: ARTICLE 20 NEW HOMES TARGETS AND FAST TRACK APPROVAL SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. 1001. DEFINITIONS. 1002. APPLICABILITY. 1003. SAFE HARBOR. 1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL PROCESS. 1005. HOUSING REVIEW BOARD. 1006. LAND USE APPEALS BEFORE THE SUPREME COURT. § 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES THAT: 1. THE LACK OF HOUSING, ESPECIALLY AFFORDABLE AND SUPPORTIVE HOUSING, IS A CRITICAL PROBLEM THAT THREATENS THE ECONOMIC, ENVIRONMENTAL, AND SOCIAL QUALITY OF LIFE THROUGHOUT NEW YORK STATE AND DISPROPORTIONATELY BURDENS VARIOUS VULNERABLE POPULATIONS THAT DISPROPORTIONATELY NEED MORE AFFORDABLE HOUSING OPTIONS INCLUDING, BUT NOT LIMITED TO, LOW- AND MODERATE-INCOME, RACIAL AND ETHNIC MINORITY, AND ELDERLY HOUSEHOLDS. 2. HOUSING IN THE STATE OF NEW YORK IS AMONG THE MOST EXPENSIVE IN THE NATION. THE EXCESSIVE COST OF THE STATE'S HOUSING SUPPLY IS PARTIALLY CAUSED BY A LACK OF NEW HOUSING PRODUCTION DUE TO THE PREVALENCE OF LOCAL GOVERNMENTAL LAND USE POLICIES THAT LIMIT THE OPPORTUNITIES FOR AND PLACE PROCEDURAL IMPEDIMENTS ON THE APPROVAL OF HOUSING DEVELOPMENTS AND THEREBY INCREASE DEVELOPMENT COSTS AND RESTRICT THE HOUSING SUPPLY. 3. LOCAL GOVERNMENTAL LIMITATIONS ON AND BARRIERS TO HOUSING DEVELOP- MENT ARE ESPECIALLY COMMON FOR MULTI-FAMILY HOUSING DEVELOPMENT, WHICH CONSTRAINS THE SUPPLY OF AFFORDABLE AND SUPPORTIVE HOUSING THAT OFTEN REQUIRE MULTI-FAMILY DEVELOPMENT TO BE ECONOMICALLY FEASIBLE. 4. AMONG THE CONSEQUENCES OF THE PREVALENCE OF LOCAL RESTRICTIONS ON HOUSING DEVELOPMENT ARE THE LACK OF HOUSING TO SUPPORT EMPLOYMENT GROWTH; IMBALANCE IN NUMBER OF JOBS AND HOUSING SUPPLY, WITH THE FORMER OUTSTRIPPING THE LATTER; SPRAWL; EXCESSIVE COMMUTING; AND THE POTENTIAL FOR DISCRIMINATION AGAINST LOW-INCOME AND MINORITY HOUSEHOLDS WHO DISPROPORTIONATELY REQUIRE AFFORDABLE HOUSING OPPORTUNITIES. 5. MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL POLICIES AND ACTIONS THAT HAVE THE EFFECT OF STAGNATING OR REDUCING THE SUPPLY OF HOUSING, INCLUDING AFFORDABLE AND SUPPORTIVE HOUSING, OR HOW SUCH POLICIES AND ACTIONS THEREBY PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. 6. ADDITIONALLY, MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL POLICIES AND ACTIONS THAT RESULT IN DISAPPROVALS OR INHI- BITION OF PROPOSALS FOR HOUSING DEVELOPMENT PROJECTS THAT WOULD BENEFIT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE; A REDUCTION IN DENSITY OF SUCH HOUSING PROJECTS; AND CREATION OF EXCESSIVE LAND USE AND OTHER BARRIERS FOR SUCH HOUSING DEVELOPMENTS TO BE BUILT. 7. LEGISLATION IS NECESSARY TO FORESTALL RESTRICTIVE LAND USE PRAC- TICES THAT INHIBIT AND LIMIT HOUSING DEVELOPMENT, AND TO FORESTALL UNDUE LOCAL DISAPPROVALS OF HOUSING DEVELOPMENT PROJECTS, ESPECIALLY AFFORDA- S. 4006 41 A. 3006 BLE AND SUPPORTIVE HOUSING, GIVEN THAT SUCH PRACTICES AND DISAPPROVALS PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. 8. THE STATE OF NEW YORK MUST ENSURE THAT LOCAL GOVERNMENTS GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRON- MENTAL, AND SOCIAL COSTS OF LAND USE ZONING AND PLANNING POLICIES AND ACTIONS, AS WELL AS THE DENIAL OF APPLICATIONS TO BUILD NEW HOUSING, WHICH COLLECTIVELY AND INDIVIDUALLY MAY RESULT IN A DEARTH OF APPROPRI- ATE HOUSING TO MEET THE NEEDS OF ALL RESIDENTS IN THE COMMUNITY OR REGION. 9. IN FURTHERANCE OF OVERALL HOUSING PRODUCTION GOALS AND TO PROMOTE THE GREATEST EFFICIENCY AND COORDINATED DEVELOPMENT EFFORTS OF LOCALI- TIES WITHIN THE STATE, IT IS BOTH A MATTER OF STATE CONCERN AND THE POLICY OF THE STATE THAT LOCAL GOVERNMENTS ADDRESS THEIR LAND USE POLI- CIES, PRACTICES, AND DECISIONS THAT MAKE HOUSING DEVELOPMENTS, AND ESPE- CIALLY MULTI-FAMILY, AFFORDABLE, AND SUPPORTIVE HOUSING DEVELOPMENTS, IMPOSSIBLE OR INFEASIBLE. 10. TO FURTHER ADDRESS THE SHORTAGE OF AFFORDABLE AND SUPPORTIVE HOUS- ING IN NEW YORK AND ENCOURAGE REDUCTION OF LAND USE RESTRICTIONS AND THE PRODUCTION OF MUCH NEEDED HOUSING, THIS ARTICLE CREATES AN IMPARTIAL FORUM AND A PROCESS FOR SPECIALLY DESIGNATING JUDGES TO RESOLVE CONFLICTS ARISING FROM LOCAL DECISIONS ON THE DEVELOPMENT OF AFFORDABLE AND SUPPORTIVE HOUSING. 11. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION, THE PROVISIONS OF THIS ACT ARE NECESSARY AND DESIGNED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF NEW YORK STATE. § 1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES OF THIS ARTICLE: 1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED RESIDENTIAL DWELLING UNIT THAT PROVIDES HOUSING FOR ONE OR MORE PERSONS WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING PRIMARY RESIDEN- TIAL DWELLING UNIT AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE PRIMARY SINGLE-FAMILY OR MULTI-FAMILY DWELLING. 2. "AFFORDABLE HOUSING" SHALL MEAN ANY INCOME RESTRICTED HOUSING, WHETHER INTENDED FOR RENTAL OR HOMEOWNERSHIP, THAT IS SUBJECT TO A REGU- LATORY AGREEMENT WITH A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY. 3. "APPLICATION" SHALL MEAN AN APPLICATION FOR A BUILDING PERMIT, VARIANCE, WAIVER, CONDITIONAL USE PERMIT, SPECIAL PERMIT, ZONING TEXT AMENDMENT, ZONING MAP AMENDMENT, AMENDMENT TO ZONING DISTRICTS, CERTIF- ICATION, AUTHORIZATION, SITE PLAN APPROVAL, SUBDIVISION APPROVAL, OR OTHER DISCRETIONARY LAND USE DETERMINATION BY A LEAD AGENCY EQUIVALENT. 4. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. 5. "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDEN- TIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, RESIDENTIAL DWELLING UNIT SIZES, OR RESIDENTIAL DWELLING UNIT COUNTS PROPOSED BY THE OWNER. 6. "HOUSING REVIEW BOARD" SHALL MEAN THE HOUSING REVIEW BOARD ESTAB- LISHED PURSUANT TO THIS ARTICLE. 7. "LAND USE ACTION" SHALL MEAN ANY ENACTMENT OF OR AMENDMENT TO A PROVISION OF A ZONING LOCAL LAW, ORDINANCE, RESOLUTION, POLICY, PROGRAM, S. 4006 42 A. 3006 PROCEDURE, COMPREHENSIVE PLAN, SITE PLAN, SUBDIVISION PLAN, CRITERIA, RULE, REGULATION, OR REQUIREMENT OF A LOCAL AGENCY. 8. "LAND USE REQUIREMENTS" SHALL MEAN ANY AND ALL LOCAL LAWS, ORDI- NANCES, RESOLUTIONS, OR REGULATIONS, THAT SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMIT- ED TO A LOCALITY'S: A. WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; B. ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; C. SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; D. SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; E. SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGU- LATIONS; AND F. POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER REGULATO- RY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND, OR THE INTENSITY OF SUCH DEVELOPMENT. 9. "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY LEGISLATIVE BODY OF A LOCALITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVI- SION, PLANNING COMMISSION, BOARD OF STANDARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD OR OTHER ENTITY RELATED TO A LOCALITY WITH THE AUTHOR- ITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LAND USE REQUIREMENTS AS DEFINED IN THIS ARTICLE. 10. "LOCALITY" SHALL REFER TO ALL CITIES, TOWNS, OR VILLAGES THAT REGULATE LAND USE PURSUANT TO THE GENERAL CITY LAW, THE TOWN LAW, THE VILLAGE LAW, OR OTHER STATE LAW, AS APPLICABLE. PROVIDED FURTHER THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, "LOCALITY" SHALL REFER TO A COMMUNITY BOARD DISTRICT AS DEFINED BY CHAPTER SIXTY-NINE OF THE CHARTER OF THE CITY OF NEW YORK. PROVIDED FURTHER THAT "LOCALITY" SHALL REFER TO ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY, WHERE SUCH COUNTY REGULATES OR OTHERWISE HAS APPROVAL AUTHORITY OVER LAND USE REQUIRE- MENTS. 11. "METROPOLITAN TRANSPORTATION COMMUTER DISTRICT" SHALL REFER TO THE COUNTIES OF THE BRONX, KINGS (BROOKLYN), NEW YORK, RICHMOND (STATEN ISLAND), QUEENS, WESTCHESTER, ORANGE, PUTNAM, DUTCHESS, ROCKLAND, NASSAU, AND SUFFOLK. 12. "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A RESIDENTIAL LAND USE APPLICATION. 13. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A 100-YEAR FLOODPLAIN OR WAS NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES AS OF THE EFFECTIVE DATE OF THIS ARTICLE. 14. "QUALIFYING PROJECT" SHALL REFER TO AN APPLICATION THAT IS FOR AT LEAST TEN DWELLING UNITS IN LOCALITIES NOT LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT OR AT LEAST TWENTY DWELLING UNITS IN LOCALITIES LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT AND AT LEAST TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO HOUSEHOLDS AT OR BELOW FIFTY PERCENT OF THE AREA MEDIAN INCOME OR SUPPORTIVE DWELLING UNITS, OR AT LEAST TWENTY-FIVE S. 4006 43 A. 3006 PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO HOUSEHOLDS AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OR SUPPORTIVE DWELLING UNITS. 15. "RESIDENTIAL DWELLING UNIT" SHALL MEAN ANY BUILDING OR STRUCTURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. 16. "SAFE HARBOR" SHALL MEAN THAT A LOCALITY'S DENIALS OF APPLICATIONS ARE NOT SUBJECT TO APPEAL PURSUANT TO SECTION ONE THOUSAND FOUR, ONE THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE FOR A THREE-YEAR CYCLE AS SET FORTH IN SECTION ONE THOUSAND THREE OF THIS ARTICLE. 17. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL DWELLING UNITS WITH SUPPORTIVE SERVICES FOR TENANTS. 18. "THREE-YEAR CYCLE" SHALL MEAN A TERM OF THREE CALENDAR YEARS WITH THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, AND EACH CYCLE COMMENCING THREE CALENDAR YEARS THEREAFTER. § 1002. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL LOCALITIES AS DEFINED IN SUBDIVISION TEN OF SECTION ONE THOUSAND ONE OF THIS ARTICLE. § 1003. SAFE HARBOR. 1. DETERMINATIONS. A. THE DIVISION, USING THE INFORMATION SUBMITTED PURSUANT TO THIS SECTION, MAY MAKE AND PUBLISH A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR AS A RESULT OF SUCH LOCALITY ACHIEVING ITS GROWTH TARGETS, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION. SUCH DETERMINATION MAY ONLY BE REVIEWED BY A COURT OR THE HOUSING REVIEW BOARD AS PART OF AN APPEAL OF A DENIAL OF A SPECIFIC QUALIFYING PROJECT. B. SAFE HARBOR, AS DEFINED IN SECTION ONE THOUSAND ONE OF THIS ARTI- CLE, SHALL BE GRANTED TO LOCALITIES BASED UPON A THREE-YEAR CYCLE WITH THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, PROVIDED FURTHER THAT ALL LOCALITIES SHALL BE DEEMED IN SAFE HARBOR FOR THE DURATION OF THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND TERMINATING AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (I) A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY SATISFACTORILY ENACTS AT LEAST TWO PREFERRED ACTIONS, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION. EXCEPT AS OTHERWISE SET FORTH IN THIS ARTICLE, ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN SAFE HARBOR BASED ON THE ENACTMENT OF PREFERRED ACTIONS, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, SHALL BE IN EFFECT FROM THE EFFECTIVE DATE OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT IS CURRENT ON THE DATE ON WHICH SUCH DETERMINATION IS ISSUED, PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETHER SAFE HARBOR SHOULD APPLY BASED ON THE LOCALITY'S ENACTMENT OF SUCH PREFERRED ACTIONS SHALL BE BASED ON SUCH PREFERRED ACTIONS ENACTED DURING THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMI- NATION WAS ISSUED. IN THE EVENT THAT A LOCALITY RESCINDS ANY SUCH PREFERRED ACTION THAT CONTRIBUTED TO A LOCALITY BEING DETERMINED TO BE IN SAFE HARBOR WITHIN TEN YEARS OF SUCH PREFERRED ACTION'S ENACTMENT, SUCH LOCALITY SHALL BE INELIGIBLE FOR SAFE HARBOR FOR TEN YEARS, START- ING ON THE DATE SUCH LOCALITY WAS INITIALLY DEEMED TO BE IN SAFE HARBOR AS A RESULT OF SUCH RESCINDED PREFERRED ACTION. (II) A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. EXCEPT AS OTHERWISE SET FORTH IN THIS ARTICLE, ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN SAFE HARBOR S. 4006 44 A. 3006 BASED ON THE LOCALITY MEETING OR EXCEEDING THEIR GROWTH TARGETS SET FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL BE IN EFFECT FROM THE EFFECTIVE DATE OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT WAS CURRENT AT THE TIME SUCH DETERMINATION WAS ISSUED BY THE DIVISION; PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETH- ER SAFE HARBOR SHOULD APPLY SHALL BE BASED ON THE LOCALITY MEETING OR EXCEEDING THEIR GROWTH TARGETS IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMINATION WAS ISSUED. (III) A LOCALITY SHALL BE DETERMINED TO BE IN SAFE HARBOR FOR THE THREE-YEAR CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, IF, FROM A PERIOD BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, SUCH LOCALITY MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 2. LOCAL REPORTING REQUIREMENTS. EACH LOCALITY SUBJECT TO THIS ARTICLE SHALL SUBMIT HOUSING PRODUCTION INFORMATION TO THE DIVISION. SUCH INFOR- MATION SHALL BE SUBMITTED PURSUANT TO THE DEADLINES SET FORTH BY SECTION TWENTY-A OF THE PUBLIC HOUSING LAW AND SHALL CONTAIN THE INFORMATION PRESCRIBED IN SUCH SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY FAILURE OF A LOCALITY TO PROVIDE SUCH INFORMATION PURSUANT TO THIS SUBDIVISION TO THE DIVISION SHALL RESULT IN THE LOCALITY BEING DEEMED INELIGIBLE FOR SAFE HARBOR UNTIL SUCH TIME AS THE INFORMATION IS PROPERLY SUBMITTED. 3. GROWTH TARGETS. A. A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY LOCATED OUTSIDE OF THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING UNITS IN AN AMOUNT EQUAL TO ONE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS. B. A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY LOCATED INSIDE OF THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING UNITS IN AN AMOUNT EQUAL TO THREE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXIST- ING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS. C. SUBJECT TO PARAGRAPH D OF THIS SUBDIVISION, THE NUMBER OF ELIGIBLE RESIDENTIAL DWELLING UNITS SHALL BE CALCULATED USING THE FOLLOWING FORMULA: (I) A PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS ONE ELIGIBLE RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW RESI- DENTIAL DWELLING UNIT THAT IS INCOME RESTRICTED TO HOUSEHOLDS EARNING NO MORE THAN AN AMOUNT THAT IS DETERMINED PURSUANT TO A REGULATORY AGREE- MENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY SHALL BE COUNT- ED AS TWO ELIGIBLE RESIDENTIAL DWELLING UNITS; AND (II) EVERY PERMITTED RESIDENTIAL DWELLING UNIT THAT BECAME SUITABLE FOR OCCUPANCY AND THAT PREVIOUSLY HAD BEEN DEEMED ABANDONED PURSUANT TO ARTICLE NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL BE COUNTED AS ONE AND ONE-HALF ELIGIBLE RESIDENTIAL DWELLING UNITS. FOR THE PURPOSES OF THIS SUBDIVISION, A PROJECT SHALL BE CONSIDERED TO BE PERMITTED IF IT HAS RECEIVED ALL NECESSARY LOCAL AUTHORIZATIONS REQUIRED PRIOR TO REQUESTING A BUILDING PERMIT. S. 4006 45 A. 3006 D. THE FOLLOWING PERMITTED RESIDENTIAL DWELLING UNITS SHALL NOT BE COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS: (I) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWELVE MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE COMMENCEMENT OF CONSTRUCTION; AND (II) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWENTY- FOUR MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY. E. IN THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS NOT COUNTED AS AN ELIGIBLE RESIDENTIAL UNIT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI- SION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED AS AN ELIGIBLE RESI- DENTIAL DWELLING UNIT WHEN THE CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY IS ISSUED FOR SUCH RESIDENTIAL DWELLING UNIT. PROVIDED, FURTHER, THAT IN NO EVENT SHALL AN ELIGIBLE RESIDENTIAL DWELL- ING UNIT BE COUNTED TOWARDS A LOCALITY'S GROWTH TARGET IN MORE THAN ONE THREE-YEAR CYCLE. 4. PREFERRED ACTIONS. A. ACCESSORY DWELLING UNITS. IT SHALL BE CONSID- ERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALI- TY. (I) DEFINITIONS. FOR THE PURPOSES OF THIS PARAGRAPH: A. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE. B. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS. C. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING. (II) A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE CREATION OF ACCESSORY DWELLING UNITS. SUCH LOCAL LAW SHALL: A. DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT WHERE ACCESSORY DWELLING UNITS SHALL BE PERMITTED. DESIGNATED AREAS SHALL INCLUDE ALL AREAS THAT PERMIT SINGLE-FAMILY OR MULTI-FAMILY RESI- DENTIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE; B. AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER LOT; C. PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS; AND D. REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING: (1) SUCH ACCESSORY DWELLING UNIT MAY BE RENTED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT, BUT SHALL NOT BE SOLD OR OTHERWISE CONVEYED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT; (2) SUCH ACCESSORY DWELLING UNIT SHALL BE LOCATED ON A LOT THAT INCLUDES A PROPOSED DWELLING OR EXISTING RESIDENTIAL DWELLING UNIT; (3) SUCH ACCESSORY DWELLING UNIT SHALL NOT BE RENTED FOR A TERM OF LESS THAN THIRTY DAYS; AND S. 4006 46 A. 3006 (4) IF THERE IS AN EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, THE TOTAL FLOOR AREA OF AN ACCESSORY DWELLING UNIT SHALL NOT EXCEED FIFTY PERCENT OF THE EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, UNLESS SUCH LIMIT WOULD PREVENT THE CREATION OF AN ACCESSORY DWELLING UNIT THAT IS NO GREATER THAN SIX HUNDRED SQUARE FEET. (III) A LOCAL GOVERNMENT SHALL NOT ESTABLISH BY LOCAL LAW ANY OF THE FOLLOWING: A. IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT GREAT- ER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A POPU- LATION OF LESS THAN ONE MILLION, A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED FIFTY SQUARE FEET; B. A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET; C. ANY OTHER MINIMUM OR MAXIMUM SIZE FOR OR OTHER LIMITS ON AN ACCES- SORY DWELLING UNIT THAT DOES NOT PERMIT AT LEAST AN EIGHT HUNDRED SQUARE FOOT ACCESSORY DWELLING UNIT WITH FOUR-FOOT SIDE AND REAR YARD SETBACKS TO BE CONSTRUCTED IN COMPLIANCE WITH OTHER LOCAL STANDARDS, INCLUDING ANY SUCH MINIMUM OR MAXIMUM SIZE BASED UPON A PERCENTAGE OF THE PROPOSED DWELLING OR EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, OR ANY SUCH OTHER LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE, AND MINIMUM LOT SIZE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A LOCAL GOVERNMENT MAY PROVIDE, WHERE A LOT CONTAINS AN EXISTING RESIDENTIAL DWELLING UNIT, THAT AN ACCESSORY DWELLING UNIT LOCATED WITHIN AND/OR ATTACHED TO THE PRIMARY RESIDENTIAL DWELLING UNIT SHALL NOT EXCEED THE BUILDABLE ENVELOPE FOR THE EXISTING RESIDENTIAL DWELLING UNIT, AND THAT AN ACCESSORY DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENTIAL DWELLING UNIT SHALL BE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE, IF SUCH STRUCTURE EXISTS; D. A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY; E. ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC- TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY; F. ANY SETBACK FOR AN EXISTING RESIDENTIAL DWELLING UNIT OR ACCESSORY STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCES- SORY DWELLING UNIT OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY SETBACK OF MORE THAN FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE OR A NEW STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE; OR G. ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT ARE NOT NECESSARY TO PROTECT HEALTH AND SAFETY. NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO PREVENT A LOCAL GOVERNMENT FROM REQUIR- ING THAT ACCESSORY DWELLING UNITS ARE, WHERE APPLICABLE, SUPPORTED BY SEPTIC CAPACITY NECESSARY TO MEET STATE HEALTH, SAFETY AND SANITARY STANDARDS, THAT THE CREATION OF SUCH ACCESSORY DWELLING UNITS COMPORTS WITH FLOOD RESILIENCY POLICIES OR EFFORTS, AND THAT SUCH ACCESSORY DWELLING UNITS ARE CONSISTENT WITH THE PROTECTION OF WETLANDS AND WATERSHEDS. (IV) NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING UNIT; PROVIDED, HOWEVER, THAT WHERE NO ADJACENT PUBLIC STREET PERMITS S. 4006 47 A. 3006 YEAR-ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER THAN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION, A LOCAL GOVERN- MENT MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT. (V) A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPAC- ES BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS DEMOLISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT OR CONVERTED TO AN ACCESSORY DWELLING UNIT. (VI) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR REGU- LATIONS, A PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN CONFORMANCE WITH A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL BE CONSIDERED MINISTERIALLY, WITHOUT DISCRETIONARY REVIEW OR A HEARING. IF THERE IS AN EXISTING SINGLE-FAMILY OR MULTI-FAMILY RESIDENTIAL DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT SHALL ACT ON THE APPLI- CATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY DAYS FROM THE DATE THE LOCAL AGENCY RECEIVES A COMPLETED APPLICATION OR, IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, WITHIN SIXTY DAYS. IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IS SUBMITTED WITH A PERMIT APPLICATION TO CREATE A NEW PRIMARY RESIDENTIAL DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT MAY DELAY ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING UNIT UNTIL THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO CREATE THE NEW PRIMARY RESIDENTIAL DWELLING UNIT, BUT THE APPLICATION TO CREATE THE ACCESSORY DWELLING UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY REVIEW OR HEARING. IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD FOR REVIEW SHALL BE TOLLED FOR THE PERIOD OF THE DELAY. SUCH REVIEW SHALL INCLUDE ALL NECESSARY PERMITS AND APPROVALS INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL NOT REQUIRE AN ADDITIONAL OR AMENDED CERTIFICATE OF OCCUPANCY IN CONNECTION WITH AN ACCESSORY DWELLING UNIT. A LOCAL GOVERNMENT MAY CHARGE A FEE NOT TO EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE REIMBURSEMENT OF THE ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO THE LOCAL LAW ENACTED PURSUANT TO THIS PARAGRAPH. (VII) LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROC- ESS TO A LOCAL AGENCY FOR APPLICATIONS TO CREATE ACCESSORY DWELLING UNITS. THE JURISDICTION OF THE LOCAL AGENCY TO DECIDE SUCH APPEALS SHALL BE LIMITED TO REVIEWING ANY ORDER, REQUIREMENT, DECISION, INTERPRETA- TION, OR DETERMINATION ISSUED UNDER THE LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH AND DECIDING THE MATTER FROM WHICH ANY SUCH APPEAL WAS TAKEN. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH IS DENIED, THE LOCAL AGENCY THAT DENIED THE PERMIT SHALL ISSUE A NOTICE OF DENIAL WHICH SHALL CONTAIN THE REASON OR REASONS SUCH PERMIT APPLICATION WAS DENIED AND INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH DENIAL. SUCH NOTICE SHALL BE MADE PART OF THE RECORD OF APPEALS. ALL APPEALS SHALL BE SUBMITTED TO THE LOCAL AGENCY AUTHORIZED BY THE GOVERNING BODY OF THE LOCAL GOVERNMENT TO DECIDE SUCH APPEALS, IN WRITING WITHIN THIRTY DAYS OF ANY ORDER, REQUIREMENT, DECISION, INTERPRETATION, OR DETERMINATION RELATED TO THE CREATION OF ACCESSORY DWELLING UNITS. (VIII) NO OTHER LOCAL LAW, ORDINANCE, POLICY, OR REGULATION SHALL BE THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS PARAGRAPH EXCEPT TO THE EXTENT NECESSARY TO PROTECT HEALTH AND SAFETY AND PROVIDED SUCH LAW, POLICY, OR REGULATION IS CONSISTENT WITH THE REQUIREMENTS OF THIS PARAGRAPH. (IX) A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINIS- TERIAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY DWELLING UNIT, THE CORRECTION OF NONCONFORMING ZONING CONDITIONS, S. 4006 48 A. 3006 NONCOMPLYING ZONING CONDITIONS, OR OTHER MINOR VIOLATIONS OF ANY LOCAL LAW. (X) WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI- TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL- ITY, THE CONNECTION MAY BE SUBJECT TO A CONNECTION FEE OR CAPACITY CHARGE THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED ACCES- SORY DWELLING UNIT, BASED UPON EITHER ITS SIZE OR THE NUMBER OF ITS PLUMBING FIXTURES UPON THE WATER OR SEWER SYSTEM. SUCH FEE OR CHARGE SHALL NOT EXCEED THE REASONABLE COST OF PROVIDING SUCH UTILITY CONNECTION. A LOCAL GOVERNMENT SHALL NOT IMPOSE ANY OTHER FEE IN CONNECTION WITH AN ACCESSORY DWELLING UNIT. (XI) A PROPERTY OWNER WHO IS DENIED A PERMIT BY A LOCAL GOVERNMENT IN VIOLATION OF THIS PARAGRAPH SHALL HAVE A PRIVATE CAUSE OF ACTION IN A COURT OF COMPETENT JURISDICTION. (XII) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. B. LOT SPLITS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSU- ANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE A CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHER- EIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUN- TY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, RULE OR REGULATION, A LEAD AGENCY EQUIVALENT SHALL MINISTERIALLY APPROVE, AS SET FORTH BY THE LOCAL LAW ADOPTED TO ESTABLISH A PREFERRED ACTION IN ACCORDANCE WITH THIS PARAGRAPH, A LOT TO BE SPLIT IF THE LEAD AGENCY EQUIVALENT DETERMINES THAT THE LOT MEETS ALL OF THE FOLLOWING REQUIRE- MENTS: A. THE LOT TO BE SPLIT CREATES NO MORE THAN TWO NEW LOTS OF APPROXI- MATELY EQUAL LOT AREA, PROVIDED THAT ONE LOT SHALL NOT BE SMALLER THAN FORTY PERCENT OF THE LOT AREA OF THE ORIGINAL LOT PROPOSED FOR THE SUBDIVISION; B. THE LOT TO BE SPLIT IS LOCATED IN AN AREA WHERE SINGLE-FAMILY RESI- DENTIAL USE IS PERMITTED; C. THE LOT WAS NOT CREATED FROM A PREVIOUS LOT SPLIT PERMITTED PURSU- ANT TO THE LOCAL LAW THAT WAS ENACTED PURSUANT TO THIS PARAGRAPH; AND D. THE PROPOSED LOT SPLIT WOULD NOT REQUIRE DEMOLITION OR ALTERATION OF ANY OF THE FOLLOWING TYPES OF HOUSING: (1) HOUSING THAT IS SUBJECT TO A RECORDED COVENANT, ORDINANCE, LAW OR REGULATORY AGREEMENT THAT RESTRICTS RENTS TO LEVELS AFFORDABLE TO PERSONS AND FAMILIES OF A SET INCOME; (2) HOUSING THAT IS SUBJECT TO THE EMERGENCY RENT STABILIZATION LAW OR THE EMERGENCY TENANT PROTECTION ACT; OR S. 4006 49 A. 3006 (3) HOUSING THAT IS LISTED ON THE STATE REGISTRY OF HISTORIC PLACES OR HAD AN APPLICATION PENDING TO BE LISTED ON SUCH REGISTRY AS OF THE EFFECTIVE DATE OF THIS ARTICLE. (II) AN APPLICATION FOR A LOT SPLIT SHALL BE APPROVED IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: A. A LEAD AGENCY EQUIVALENT SHALL APPROVE OR DENY AN APPLICATION FOR A LOT SPLIT MINISTERIALLY WITHOUT DISCRETIONARY REVIEW. B. A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE DEDICATIONS OF RIGHTS- OF-WAY OR THE CONSTRUCTION OF OFFSITE IMPROVEMENTS FOR THE LOTS BEING CREATED AS A CONDITION OF APPROVING A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH. C. A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE LAND USE STANDARDS, ZONING STANDARDS, SUBDIVISION STANDARDS, DESIGN REVIEW STANDARDS, OR OTHER DEVELOPMENT STANDARDS THAT WOULD HAVE THE EFFECT OF PHYSICALLY PRECLUDING THE CONSTRUCTION OF TWO UNITS, ONE ON EACH OF THE RESULTING LOTS, OR THAT WOULD RESULT IN A UNIT SIZE OF LESS THAN EIGHT HUNDRED SQUARE FEET, PROVIDED FURTHER THAT NO SETBACK SHALL BE REQUIRED FOR AN EXISTING STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE. D. NOTWITHSTANDING CLAUSE C OF THIS SUBPARAGRAPH, A LEAD AGENCY EQUIV- ALENT MAY REQUIRE A SETBACK OF UP TO FOUR FEET FROM THE SIDE AND REAR LOT LINES. (III) A LEAD AGENCY EQUIVALENT MAY DENY A LOT SPLIT IF THE LEAD AGENCY EQUIVALENT MAKES A WRITTEN FINDING, BASED UPON A PREPONDERANCE OF THE EVIDENCE, THAT A PROPOSED RESIDENTIAL DWELLING UNIT ON ONE OF THE NEW LOTS WOULD HAVE A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH OR SAFETY FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE THE SPECIFIC ADVERSE IMPACT. (IV) A LEAD AGENCY EQUIVALENT MAY REQUIRE ANY OF THE FOLLOWING CONDI- TIONS WHEN CONSIDERING AN APPLICATION TO UNDERTAKE A LOT SPLIT: A. EASEMENTS REQUIRED FOR THE PROVISION OF PUBLIC SERVICES AND FACILI- TIES; B. A REQUIREMENT THAT THE LOTS HAVE ACCESS TO, PROVIDE ACCESS TO, OR ADJOIN THE PUBLIC RIGHT-OF-WAY; AND C. OFF-STREET PARKING OF UP TO ONE SPACE PER RESIDENTIAL DWELLING UNIT, EXCEPT THAT A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE PARKING REQUIREMENTS IN EITHER OF THE FOLLOWING INSTANCES: (1) WHERE YEAR-ROUND PARKING IS PERMITTED ON AN ADJACENT STREET; OR (2) WHERE THE SPLIT LOT IS WITHIN ONE-HALF MILE OF ACCESS TO PUBLIC TRANSPORTATION. (V) A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE OWNER OCCUPANCY REQUIRE- MENTS ON A LOT SPLIT AUTHORIZED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH. (VI) A LEAD AGENCY EQUIVALENT SHALL REQUIRE THAT A RENTAL OF ANY UNIT CREATED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH BE FOR A TERM LONGER THAN THIRTY DAYS. (VII) A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE, AS A CONDITION FOR MINISTERIAL APPROVAL OF A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH, CORRECTION OF NONCONFORMING OR NONCOMPLYING ZONING CONDITIONS. (VIII) A REQUEST FOR A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL NOT BE DENIED SOLELY BECAUSE IT PROPOSED ADJACENT OR CONNECTED STRUCTURES, PROVIDED THAT THE STRUCTURES MEET BUILDING CODE SAFETY STANDARDS AND ARE SUFFICIENT TO ALLOW SEPARATE CONVEYANCE. S. 4006 50 A. 3006 (IX) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW. C. REMOVE EXCLUSIONARY MEASURES. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) NO LOCALITY SHALL, AS PART OF ITS LAND USE LAWS, ORDINANCES, RULES OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ZONING LAWS, ORDINANCES, RULES OR REGULATIONS, SITE PLAN REVIEW LAWS, ORDINANCES, RULES OR REGU- LATIONS, SUBDIVISION LAWS, RULES OR REGULATIONS, OR COMPREHENSIVE PLAN- NING LAWS, RULES OR REGULATIONS, IMPOSE: A. MINIMUM LOT SIZE REQUIREMENTS FOR MIXED-USE OR RESIDENTIAL USES; B. HEIGHT LIMITS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILD- INGS; C. LOT COVERAGE RESTRICTIONS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILDINGS; OR D. PARKING MINIMUMS ON ANY SITE THAT EXCEED ONE PARKING SPACE PER RESIDENTIAL DWELLING UNIT, PROVIDED, FURTHER, THAT NO PARKING MINIMUMS MAY BE IMPOSED FOR ANY SITE THAT INCLUDES RESIDENTIAL DWELLING UNITS WHEN SUCH SITE IS LOCATED WITHIN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION. (II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW. D. SMART GROWTH REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIRE- MENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY S. 4006 51 A. 3006 ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS, AS APPLICABLE, TO PERMIT THE CONSTRUCTION OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE OVER AN AREA OR AREAS CONSISTING SOLELY OF PREVIOUSLY DISTURBED LAND THAT, IN THE AGGRE- GATE, ARE EQUAL TO ONE-THIRD OF THE PREVIOUSLY DISTURBED LAND MASS OF THE LOCALITY. (II) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM RESIDEN- TIAL DWELLING UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. (III) SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASON- ABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANTING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALK- ING DISTANCE OF THEIR RESIDENCES. (IV) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (V) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVI- RONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (VI) PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL: A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND B. BE LIMITED TO A REVIEW OF THE FOLLOWING: (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. S. 4006 52 A. 3006 C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS. E. ADAPTIVE REUSE REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGH- OUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS TO PERMIT THE CONSTRUCTION AND OCCUPANCY OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE IN AN AREA THAT, PRIOR TO SUCH AMENDMENT, PERMITTED ONLY COMMERCIAL USE. A. SUCH LAND USE ACTION MUST ENCOMPASS AN AREA OF AT LEAST ONE HUNDRED ACRES. B. SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. C. SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASONABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANT- ING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALKING DISTANCE OF THEIR RESIDENCES. (II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (III) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. S. 4006 53 A. 3006 (IV) ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH APPLICABLE LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE BUILDABLE AS OF RIGHT, AND ANY PROJECT SPECIFIC REVIEW RELATING TO SUCH PROJECT SHALL: A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND B. BE LIMITED TO A REVIEW OF THE FOLLOWING: (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS. § 1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL PROC- ESS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, WHEN A LOCALITY IS NOT IN SAFE HARBOR: 1. AN APPLICANT MAY PROPOSE A QUALIFYING PROJECT TO A LEAD AGENCY EQUIVALENT, REGARDLESS OF WHETHER THE QUALIFYING PROJECT COMPLIES WITH THE LAND USE REQUIREMENTS APPLICABLE TO THE SITE WHERE THE QUALIFYING PROJECT IS PROPOSED. NO LEAD AGENCY EQUIVALENT MAY REJECT A PROPOSED QUALIFYING PROJECT DUE TO SUCH PROJECT FAILING TO COMPLY WITH THE LAND USE REQUIREMENTS ON THE SITE WHERE THE QUALIFYING PROJECT IS PROPOSED, UNLESS SUCH QUALIFYING PROJECT IS NOT LOCATED ON PREVIOUSLY DISTURBED LAND. 2. THE LEAD AGENCY EQUIVALENT MUST APPROVE OR DENY THE APPLICATION FOR THE QUALIFYING PROJECT WITHIN ONE HUNDRED TWENTY DAYS IF THE PROPOSED QUALIFYING PROJECT CONTAINS AT LEAST TEN RESIDENTIAL DWELLING UNITS BUT LESS THAN ONE HUNDRED RESIDENTIAL DWELLING UNITS, AND WITHIN ONE HUNDRED EIGHTY DAYS IF THE PROPOSED QUALIFYING PROJECT CONTAINS ONE HUNDRED OR MORE RESIDENTIAL DWELLING UNITS. FAILURE TO APPROVE OR DENY AN APPLICA- TION WITHIN THE TIME PERIODS SPECIFIED IN THIS SUBDIVISION SHALL BE DEEMED TO BE A CONSTRUCTIVE DENIAL, PROVIDED FURTHER THAT THE IMPOSITION OF CONDITIONS ON THE PROJECT BY THE LEAD AGENCY EQUIVALENT THAT RENDER THE PROJECT ECONOMICALLY INFEASIBLE SHALL BE DEEMED TO BE A CONSTRUCTIVE DENIAL, AND SUBJECT TO APPEAL PURSUANT TO THIS SECTION, SECTION ONE THOUSAND FIVE OR SECTION ONE THOUSAND SIX OF THIS ARTICLE. 3. ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW, AND SHALL BE LIMITED TO A REVIEW OF THE FOLLOWING: A. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; S. 4006 54 A. 3006 B. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND C. THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHETIC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJECTIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH IN THIS ARTICLE. 4. ANY DENIAL OF AN APPLICATION MUST BE ACCOMPANIED BY THE SPECIFIC REASONS FOR THE DENIAL SET FORTH IN WRITING. 5. WHEN AN APPLICANT IS DENIED PERMISSION TO PROCEED WITH A QUALIFYING PROJECT, THE APPLICANT MAY FILE AN APPEAL OF THE DENIAL PURSUANT TO SECTION ONE THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE WITHIN SIXTY DAYS OF THE DENIAL. AN APPLICANT MAY ONLY FILE ONE SUCH APPEAL PER QUALIFYING PROJECT AND MAY ONLY FILE EITHER PURSUANT TO SECTION ONE THOUSAND FIVE OR ONE THOUSAND SIX. § 1005. HOUSING REVIEW BOARD. 1. STRUCTURE AND POWERS OF THE HOUSING REVIEW BOARD. A. THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A HOUSING REVIEW BOARD, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. B. THE HOUSING REVIEW BOARD SHALL CONSIST OF FIVE MEMBERS. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE BOARD MEMBERS SHALL SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACANCIES ON THE BOARD SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD BY THE OFFICIAL WHO APPOINTED THE BOARD MEMBER WHOSE ABSENCE HAS CAUSED THE VACANCY. C. THE HOUSING REVIEW BOARD SHALL HAVE THE POWER AND DUTIES TO CONDUCT HEARINGS, TAKE OATHS, ISSUE ORDERS, AND OTHERWISE PERFORM ANY FUNCTION NECESSARY TO OPERATE IN CONFORMITY WITH THE PROVISIONS OF THIS ARTICLE. THE POWERS OF THE HOUSING REVIEW BOARD SHALL INCLUDE, BUT NOT BE LIMITED TO, THE POWERS GRANTED TO THE COMMISSIONER OF HOUSING BY SUBDIVISION ONE OF SECTION FOURTEEN OF THE PUBLIC HOUSING LAW, AND THE STATUTES, RULES, REGULATIONS AND OTHER DOCUMENTS GOVERNING THE ADMINISTRATION OF HOUSING BY THE DIVISION OF HOMES AND COMMUNITY RENEWAL. D. THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE AND STAFF SUPPORT, INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE LAW JUDGES, TO THE HOUSING REVIEW BOARD NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE. E. IF THE DIVISION DETERMINES THAT A LOCALITY DOES OR DOES NOT QUALIFY FOR SAFE HARBOR, THE HOUSING REVIEW BOARD, OR ANY COURT HEARING AN APPEAL RELATED TO SUCH LOCALITY SHALL TAKE JUDICIAL NOTICE OF THE DIVI- SION'S DETERMINATION. IF THE DIVISION HAS NOT ISSUED A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, AND SUCH A DETERMINATION IS NECESSARY TO ADJUDICATE AN APPEAL BEFORE THE HOUSING REVIEW BOARD OR A COURT, SUCH HOUSING REVIEW BOARD OR COURT MAY MAKE SUCH A DETERMINATION THAT APPLIES ONLY TO THE APPLICATION PENDING BEFORE THE HOUSING REVIEW BOARD OR THE COURT, PROVIDED FURTHER, HOWEVER, THAT IF THE HOUSING REVIEW BOARD OR A COURT MAKES A DETERMINATION THAT A LOCALITY IS IN SAFE HARBOR AS A RESULT OF THE LOCALITY ENACTING PREFERRED ACTIONS PURSUANT TO SUBDIVISION FOUR OF SECTION ONE THOUSAND S. 4006 55 A. 3006 THREE OF THIS ARTICLE, SUCH DETERMINATION SHALL BE APPLIED TO FUTURE PROCEEDINGS PURSUANT TO THIS SECTION AND SECTION ONE THOUSAND SIX OF THIS ARTICLE FOR THE REMAINDER OF THE THREE-YEAR CYCLE FOR WHICH SUCH DETERMINATION WAS MADE. THE DIVISION, AT ITS DISCRETION, MAY TAKE NOTICE OF SUCH DETERMINATION AND THE FACTS UNDERLYING SUCH DETERMINATION, AND ISSUE ITS OWN DETERMINATION AS TO THE APPLICATION OF SAFE HARBOR THAT WOULD BE APPLIED TO ALL FURTHER APPEALS RELATING TO SUCH LOCALITY FOR THE DURATION THAT SAFE HARBOR APPLIES. 2. APPEALS BEFORE THE HOUSING REVIEW BOARD. A. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELAT- ING TO A QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH DENIAL TO THE HOUSING REVIEW BOARD WITHIN SIXTY DAYS OF THE ISSUANCE OF THE DENIAL. B. IF AN APPEAL IS BROUGHT BEFORE THE HOUSING REVIEW BOARD AND THE DIVISION HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL DETERMINE AS A THRESH- OLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR. C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV- ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE. D. IN ISSUING A DETERMINATION, THE HOUSING REVIEW BOARD MAY: (I) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL TO THE APPLICANT; (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF THE APPLICATION; OR (III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT. THE HOUSING REVIEW BOARD MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS. E. IN CONSIDERING THE DENIAL OF AN APPLICATION, THE HOUSING REVIEW BOARD MAY ONLY CONSIDER THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED. F. ONCE A DETERMINATION HAS BEEN ISSUED BY THE HOUSING REVIEW BOARD, SUCH DETERMINATION MAY BE APPEALED WITHIN SIXTY DAYS TO AN ADMINISTRA- TIVE LAW JUDGE DESIGNATED TO HEAR SUCH MATTERS. ANY DETERMINATION ISSUED BY AN ADMINISTRATIVE LAW JUDGE SHALL BE CONSIDERED TO BE A FINAL AGENCY DETERMINATION AND MAY BE APPEALED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. 3. BURDEN OF PROOF BEFORE THE HOUSING REVIEW BOARD. A. (I) DURING A PROCEEDING BEFORE THE HOUSING REVIEW BOARD, THE LOCALITY WHICH DENIED THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE BURDEN OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE, THAT THE PERMIT WAS PROPERLY DENIED PURSUANT TO ONE OR MORE OF THE REASONS SET FORTH IN SUBDIVISION THREE OF SECTION ONE THOUSAND FOUR OF THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT. (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO SUBDIVISION THREE OF SECTION ONE THOUSAND THREE OF THIS ARTICLE, S. 4006 56 A. 3006 CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED, COMBINED WITH THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE- YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER THAT ELIGI- BLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED OR BUILT. SUCH DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH AS TEMPORARY OR FINAL CERTIFICATES OF OCCUPANCY FOR THE HOUSING. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS THE APPLICANT SUCCESSFULLY REBUTS THE EVIDENCE OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN EFFECT AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETER- MINATION IS MADE. B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY. C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES SHALL TAKE NOTICE OF SUCH DETERMINATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDI- VISION ONE OF THIS SECTION, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE APPLICATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED. 4. COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN- MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE. § 1006. LAND USE APPEALS BEFORE THE SUPREME COURT. 1. JUDGES OF THE SUPREME COURT THAT ARE SPECIALLY DESIGNATED AS LAND USE JUDGES BY THE CHIEF ADMINISTRATOR OF THE COURTS SHALL HEAR LAND USE APPEALS. SUCH JUDGES SHALL BE SELECTED FROM A LIST OF QUALIFIED CANDIDATES AS CREATED BY THE LAND USE ADVISORY COUNCIL. ONLY SUCH LAND USE JUDGES SHALL BE EMPOWERED TO ADJUDICATE LAND USE APPEALS PURSUANT TO THIS SECTION ARIS- ING ANYWHERE IN THE STATE OF NEW YORK, REGARDLESS OF WHAT COUNTY THE JUDGE SERVES IN OVER THE COURSE OF THEIR NORMAL DUTIES. 2. THERE SHALL BE ESTABLISHED A LAND USE ADVISORY COUNCIL. A. THE LAND USE ADVISORY COUNCIL SHALL BE COMPOSED OF FIVE MEMBERS. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE MEMBERS SHALL SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACAN- CIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD BY THE OFFICIAL WHO APPOINTED THE MEMBER WHOSE ABSENCE HAS CAUSED THE VACANCY. B. THE LAND USE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES A YEAR, AND ON SUCH ADDITIONAL OCCASIONS AS THEY MAY REQUIRE OR AS MAY BE REQUIRED BY THE ADMINISTRATIVE JUDGE. MEMBERS SHALL RECEIVE NO COMPEN- SATION. S. 4006 57 A. 3006 C. THE LAND USE ADVISORY COUNCIL SHALL PUBLISH A LIST OF SUPREME COURT JUDGES QUALIFIED TO HEAR LAND USE APPEALS BASED ON TRAINING, EXPERIENCE AND JUDICIAL TEMPERAMENT. 3. APPEALS BEFORE A LAND USE JUDGE. A. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELATED TO A QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH DENIAL BEFORE A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION IN SUPREME COURT. THE APPLICANT SHALL CHOOSE THE FORUM IN WHICH TO FILE THE APPEAL. B. IF AN APPEAL IS BROUGHT BEFORE SUCH LAND USE JUDGE AND THE DIVISION HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY IS IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL DETERMINE AS A THRESHOLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE. C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV- ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE. D. IN ISSUING A DETERMINATION, SUCH LAND USE JUDGE MAY: (I) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL TO THE APPLICANT; (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF THE APPLICATION; OR (III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT. SUCH LAND USE JUDGE MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS. E. IN CONSIDERING THE DENIAL OF AN APPLICATION, SUCH LAND USE JUDGE MAY ONLY CONSIDER THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED. 4. BURDEN OF PROOF BEFORE A COURT. A. (I) DURING A PROCEEDING BEFORE A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION, THE LOCALITY WHICH DENIED THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE BURDEN OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE, THAT THE PERMITS WERE PROPERLY DENIED PURSUANT TO ONE OR MORE OF THE REASONS SET FORTH IN SUBDIVISION THREE OF SECTION ONE THOUSAND FOUR OF THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT. (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO SUBDIVISION THREE OF SECTION ONE THOUSAND THREE OF THIS ARTICLE, CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED, COMBINED WITH THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS NEEDED TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE-YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER, THAT ELIGIBLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED OR BUILT. SUCH DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING S. 4006 58 A. 3006 EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH AS TEMPORARY OR FINAL CERTIFICATES OF OCCUPANCY FOR THE HOUSING. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS THE APPLICANT SUCCESSFULLY REBUTS THE EVIDENCE OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN EFFECT AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETERMINATION IS MADE. B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY. C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL TAKE NOTICE OF SUCH DETERMI- NATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE OF THIS ARTICLE, SUCH LAND USE JUDGE MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE APPLI- CATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED. 5. ANY FINAL ORDER ISSUED BY A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION SHALL BE APPEALED IN A MANNER CONSISTENT WITH THE CIVIL PRACTICE LAW AND RULES. 6. THE CHIEF ADMINISTRATOR OF THE COURT SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE MANDATE OF THIS SECTION. 7. COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN- MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE. 8. EMPLOYEES AND AGENTS OF LOCALITIES MAY ONLY BE SUED IN THEIR OFFI- CIAL CAPACITY FOR NON-COMPLIANCE WITH THIS ARTICLE. § 3. Section 14 of the public housing law is amended by adding a new subdivision 8 to read as follows: 8. THE DIVISION SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS, RULES AND POLICIES RELATED TO LAND USE BY CITIES, TOWNS, AND VILLAGES AS IT RELATES TO THE DEVELOPMENT OF HOUSING, INCLUDING, BUT NOT LIMITED TO, THE ADMINISTRATION AND ENFORCEMENT OF ARTICLE TWENTY OF THE GENERAL MUNICIPAL LAW, THE TRANSIT-ORIENTED DEVELOPMENT ACT OF 2023, AND SECTION TWENTY-A OF THE PUBLIC HOUSING LAW. SUCH ENFORCEMENT AUTHORITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE POWERS GRANTED BY SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO THE STATUTES, RULES, REGULATION AND OTHER DOCUMENTS REGARDING THE AUTHORITY OF THE DIVISION, AND, WHERE APPLICABLE, THE POWER TO ISSUE ORDERS AND ADMINISTER FUNDING AND GRANTS TO LOCALITIES TO ASSIST WITH LAND USE PLANNING. § 4. Severability. In the event it is determined by a court of compe- tent jurisdiction that any phrase, clause, part, subdivision, paragraph or subsection, or any of the provisions of this article is unconstitu- tional or otherwise invalid or inoperative, such determination shall not affect the validity or effect of the remaining provisions of this arti- cle. § 5. This act shall take effect immediately. PART G S. 4006 59 A. 3006 Section 1. Short title. This act shall be known and may be cited as the "transit-oriented development act of 2023". § 2. Legislative findings and statement of purpose. The legislature hereby finds, determines and declares: New York State has a vital interest in reducing harmful greenhouse gas emissions. New York State further recognizes that encouraging and facil- itating use of rail-based mass transit is a valuable method for reducing greenhouse gas emissions. New York State further recognizes that creat- ing walkable living environments with a variety of housing options near rail-based mass transit not only advances the goal of encouraging the use of rail-based mass transit, but also promotes local and regional economic development. Housing in the state of New York is among the most expensive in the nation and housing insecurity remains a problem for many low- and moder- ate-income families. The excessive cost of the state's housing supply is partially caused by a lack of housing near public transit access points. This lack of available housing is especially pronounced in well-re- sourced municipalities and neighborhoods with access to jobs, educa- tional resources, and health infrastructure that engender social and economic mobility. Many local governments do not give adequate attention to or planning for the local and broader regional economic, environmental, and social costs of local policies and actions that have the effect of stagnating or reducing the supply of housing, including affordable and supportive housing, or how such policies and actions thereby produce threats to the public health, safety, and general welfare. Increasing the supply of housing in close proximity to rail stations is a matter of state concern and critical to promoting housing afforda- bility, reducing housing insecurity, driving economic growth, encourag- ing social and economic mobility, and actualizing the goals of the Climate Leadership and Community Protection Act. A public policy purpose would be served and the interests of the people of the state would be advanced by requiring local planning and zoning changes that will facilitate the production of multifamily hous- ing in areas near rail stations. § 3. The general city law is amended by adding a new section 20-h to read as follows: § 20-H. DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; AND (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. S. 4006 60 A. 3006 (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A CITY'S LOCAL LAND USE TOOLS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY CITY OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE CITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A CITY WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A CITY'S: (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; (V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- S. 4006 61 A. 3006 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (II) BE LIMITED TO A REVIEW OF THE FOLLOWING: (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE, INCLUDING, BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY ENVIRONMENTAL QUALITY REVIEW. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- S. 4006 62 A. 3006 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED EITHER WITHIN A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO S. 4006 63 A. 3006 SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRANS- IT ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT- ORIENTED DEVELOPMENT ZONE, AS APPLICABLE. 2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A CITY'S LOCAL LAND USE TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE- MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC- TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS PERMITTED PURSUANT TO A CITY'S LOCAL LAND USE TOOLS WITHOUT REQUIRING ANY AMENDMENT. (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION, OR RULE, INCLUDING, BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY ENVIRONMENTAL QUALITY REVIEW, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE. (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS. S. 4006 64 A. 3006 (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET FORTH IN WRITING AND PUBLISH: (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT- ORIENTED DEVELOPMENT ZONE; (II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE DENSITY REQUIREMENT; (III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE; (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT; (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH- IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND- MENT; (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT; (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT; (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT- MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN- TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT; (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM- PLATED BY THE AMENDMENT; AND (XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN- SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET. (E) IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVI- SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY: (I) ALL CITIES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI- DENTIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE; (II) NO CITY SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE CLASSIFIED AS A QUALIFYING PROJECT IF A CITY TIMELY ADOPTED AN AMENDMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A CITY OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENTLY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT S. 4006 65 A. 3006 PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS. 3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY- ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS. (B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU- ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. 4. ENFORCEMENT. (A) (I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL A CITY TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE- MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE CITY FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN. (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. (B) (I) UPON A FAILURE OF A CITY TO COMPLY WITH THE DEADLINES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE SUBJECT CITY OR LEAD AGENCY EQUIVALENT AND THE OFFICERS OF SUCH CITY AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE CITY OR THE GREATER PORTION OF THE TERRITORY OF SUCH CITY IS LOCATED TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA- TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI- CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. (III) THE CITY OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE CITY OR LEAD AGENCY EQUIVALENT DENIED THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. IF THE CITY OR LEAD AGENCY EQUIVALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO DEMONSTRATE THAT THE CONCERNS RAISED BY THE CITY OR LEAD AGENCY EQUIV- ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED BY CHANGES TO THE QUALIFYING PROJECT. (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE CITY OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI- S. 4006 66 A. 3006 CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON AN EXPEDITED BASIS. (V) COSTS SHALL NOT BE ALLOWED AGAINST THE CITY, LEAD AGENCY EQUIV- ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE CITY, LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI- GENCE, IN BAD FAITH, OR WITH MALICE. § 4. The town law is amended by adding a new section 261-d to read as follows: § 261-D. DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; AND (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A TOWN'S LOCAL LAND USE TOOLS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY TOWN OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE TOWN, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A TOWN WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A TOWN'S: (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; S. 4006 67 A. 3006 (V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (II) BE LIMITED TO A REVIEW OF THE FOLLOWING: S. 4006 68 A. 3006 (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED EITHER WITHIN A TOWN WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY S. 4006 69 A. 3006 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN- SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT S. 4006 70 A. 3006 ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT- ORIENTED DEVELOPMENT ZONE, AS APPLICABLE. 2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A TOWN'S LOCAL LAND USE TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE- MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC- TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS PERMITTED PURSUANT TO A TOWN'S LOCAL LAND USE TOOLS WITHOUT REQUIRING ANY AMENDMENT. (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION, OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE. (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS. (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET FORTH IN WRITING AND PUBLISH: (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT- ORIENTED DEVELOPMENT ZONE; (II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE DENSITY REQUIREMENT; (III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE; (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT; (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH- IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND- MENT; (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT; (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT; (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT- MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN- TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT; (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM- PLATED BY THE AMENDMENT; AND (XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN- SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET. (E) IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS S. 4006 71 A. 3006 SUBDIVISION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVI- SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY: (I) ALL TOWNS SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESIDEN- TIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGRE- GATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE; (II) NO TOWN SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE CLASSIFIED AS A QUALIFYING PROJECT IF A TOWN TIMELY ADOPTED AN AMENDMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A TOWN OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENTLY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS. 3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY- ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS. (B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRAN- SIT-ORIENTED DEVELOPMENT REVIEW PROCESS. 4. ENFORCEMENT. (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL A TOWN TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE- MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE TOWN FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN. (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. (B) (I) UPON A FAILURE OF A TOWN TO COMPLY WITH THE DEADLINES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE SUBJECT TOWN OR LEAD AGENCY EQUIVALENT AND THE OFFICERS OF SUCH TOWN AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE TOWN OR THE GREATER PORTION OF THE TERRITORY OF SUCH TOWN IS LOCATED TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE S. 4006 72 A. 3006 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA- TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI- CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. (III) THE TOWN OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE TOWN OR LEAD AGENCY EQUIVALENT DENIED THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. IF THE TOWN OR LEAD AGENCY EQUIVALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO DEMONSTRATE THAT THE CONCERNS RAISED BY THE TOWN OR LEAD AGENCY EQUIV- ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED BY CHANGES TO THE QUALIFYING PROJECT. (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE TOWN OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI- CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON AN EXPEDITED BASIS. (V) COSTS SHALL NOT BE ALLOWED AGAINST THE TOWN, LEAD AGENCY EQUIV- ALENT, AND THE OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE TOWN, LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLIGENCE, IN BAD FAITH, OR WITH MALICE. § 5. The village law is amended by adding a new section 7-700-a to read as follows: § 7-700-A DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; AND (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A VILLAGE'S LOCAL LAND USE TOOLS PURSU- ANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. S. 4006 73 A. 3006 (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY VILLAGE OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE VILLAGE, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A VILLAGE WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A VILLAGE'S: (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSIONS HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED S. 4006 74 A. 3006 WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (II) BE LIMITED TO A REVIEW OF THE FOLLOWING: (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED EITHER WITHIN A VILLAGE WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY S. 4006 75 A. 3006 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, S. 4006 76 A. 3006 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN- SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT- ORIENTED DEVELOPMENT ZONE, AS APPLICABLE. 2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A VILLAGE'S LOCAL LAND USE TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE- MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC- TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS PERMITTED PURSUANT TO A VILLAGE'S LOCAL LAND USE TOOLS WITHOUT REQUIRING ANY AMENDMENT. (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION, OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE. (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS. (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET FORTH IN WRITING AND PUBLISH: (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT- ORIENTED DEVELOPMENT ZONE; (II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE DENSITY REQUIREMENT; (III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE; (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT; (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH- IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND- MENT; S. 4006 77 A. 3006 (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT; (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT; (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT- MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN- TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT; (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM- PLATED BY THE AMENDMENT; AND (XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN- SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET. (E) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSU- ANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND UNTIL SUCH TIME AS A VILLAGE COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDI- VISION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY: (I) ALL VILLAGES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI- DENTIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE; (II) NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE CLASSIFIED AS A QUALIFYING PROJECT IF A VILLAGE TIMELY ADOPTED AN AMEND- MENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A VILLAGE OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENT- LY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS. 3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND UNTIL SUCH TIME AS A VILLAGE COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUAL- IFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVEL- OPMENT REVIEW PROCESS. (B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU- ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. S. 4006 78 A. 3006 4. ENFORCEMENT. (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL A VILLAGE TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE VILLAGE FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN. (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. (B)(I) UPON A FAILURE OF A VILLAGE TO COMPLY WITH THE DEADLINES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE SUBJECT VILLAGE OR LEAD AGENCY EQUIVALENT AND THE OFFICERS OF SUCH VILLAGE AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE VILLAGE OR THE GREATER PORTION OF THE TERRITORY OF SUCH VILLAGE IS LOCATED TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA- TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI- CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. (III) THE VILLAGE OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE VILLAGE OR LEAD AGENCY EQUIVALENT DENIED THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. IF THE VILLAGE OR LEAD AGENCY EQUIV- ALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO DEMONSTRATE THAT THE CONCERNS RAISED BY THE VILLAGE OR LEAD AGENCY EQUIVALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED BY CHANGES TO THE QUALIFYING PROJECT. (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE VILLAGE OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLICATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUD- ING ON AN EXPEDITED BASIS. (V) COSTS SHALL NOT BE ALLOWED AGAINST THE VILLAGE, LEAD AGENCY EQUIV- ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE VILLAGE, LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI- GENCE, IN BAD FAITH, OR WITH MALICE. § 6. This act shall take effect immediately. PART H Section 1. The public housing law is amended by adding a new section 20-a to read as follows: § 20-A. HOUSING PRODUCTION REPORTING. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: S. 4006 79 A. 3006 (A) "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION, OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS. (B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF ONE OR MORE RESIDENTIAL BUILDINGS. (C) "DWELLING UNIT" MEANS A DWELLING WITHIN A RESIDENTIAL BUILDING WHICH IS EITHER SOLD, RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS THAT IS INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING. 2. THE COMMISSIONER SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANNUALLY, IN THE MANNER AND FORMAT TO BE DIRECTED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION, CONVERSION, ALTER- ATION, DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE WITHIN THE JURIS- DICTION OF SUCH LOCAL BOARD THAT IS REQUIRED TO BE REPORTED TO SUCH LOCAL BOARD: (A) THE ADDRESS OF SUCH HOUSING SITE; (B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE; (C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE; (D) THE BUILDING TYPE, ANY RELEVANT DATES OF APPROVAL, PERMITS, AND COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE; (E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO- CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF; (F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE; (G) ANY PERMITS REQUESTED TO BUILD DWELLING UNITS, AND THE STATUS OF SUCH REQUESTS AS OF THE DATE OF THE REPORT; AND (H) THE TOTAL NUMBER OF DWELLING UNITS WITHIN THE JURISDICTION OF THE LOCAL BOARD AS OF THE DATE OF THE REPORT. 3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC- TIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE COMMISSIONER SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE COMMISSIONER, IN A MANNER AND FORMAT TO BE DETERMINED BY THE COMMISSIONER, A DIGITAL FILE CONTAINING A ZONING MAP OR MAPS OF SUCH LOCAL BOARD'S JURISDICTION THAT CONTAINS THE FOLLOWING INFORMATION FOR THE PRIOR YEAR: (A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER- CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE OR ARE NOT PERMITTED; (B) IN AREAS ZONED FOR RESIDENTIAL BUILDINGS, WHERE RESIDENTIAL BUILD- INGS CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE ALLOWED PER LOT; (C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL BUILDINGS; (D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS; (E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS; (F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS FOR RESIDENTIAL BUILD- INGS; (G) DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL BOARD WAS AS-OF-RIGHT OR DISCRETIONARY; (H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN AMENDED SINCE SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION; (I) ANY FLOOR AREA RATIO RESTRICTIONS FOR RESIDENTIAL BUILDINGS; (J) IN AREAS WHERE RESIDENTIAL DEVELOPMENT IS NOT PERMITTED, THE REASONS SUCH DEVELOPMENT IS NOT PERMITTED; AND (K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE COMMISSIONER. 4. THE COMMISSIONER MAY MAKE THE INFORMATION SUBMITTED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION PUBLICLY AVAILABLE ON THE S. 4006 80 A. 3006 DIVISION OF HOUSING AND COMMUNITY RENEWAL'S WEBSITE, UPDATED ANNUALLY TO REFLECT THE MOST RECENT SUBMISSIONS. § 2. This act shall take effect on the first of January next succeed- ing the date upon which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART I Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real property actions and proceedings law, as amended by chapter 529 of the laws of 2008, is amended to read as follows: (b) In the case of a vacant dwelling, it is not sealed or continuously guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG- ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed or is continuously guarded by a person other than the owner, a mortgagee, lienor or agent thereof, and [either] ANY of the following facts exists: (i) A vacate order of the department or other governmental agency currently prohibits occupancy of the dwelling; or (ii) The tax on such premises has been due and unpaid for a period of at least one year; or (III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON- ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT TO SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN OR THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED LIABILITY COMPANY, RESPECTIVELY; OR § 2. This act shall take effect immediately. PART J Section 1. Subdivision 11 of section 3 of the multiple dwelling law, as amended by chapter 806 of the laws of 1972, is amended to read as follows: 11. Notwithstanding any other provision of this section, the following enumerated articles, sections and subdivisions of sections of this chap- ter shall not apply to the construction or alteration of multiple dwell- ings for which an application for a permit is made to the department after December sixth, nineteen hundred sixty-nine in a city having a population of one million or more [which adopts or has adopted local laws, ordinances, resolutions or regulations providing protection from fire hazards and making provision for escape from fire in the construction and alteration of multiple dwellings and in other respects as protective as local law seventy-six of the laws of the city of New York for nineteen hundred sixty-eight and covering the same subject matter as the following]: subdivisions twenty-five, twenty-seven, twen- ty-eight, thirty-five-c, thirty-six and thirty-nine of section four, subdivision three of section twenty-eight, sections thirty-six, thirty- seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five, sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of section S. 4006 81 A. 3006 seventy-five, article four, article five, article five-A[,] AND article six [and article seven-B]; except that after December sixth, nineteen hundred sixty-nine where a multiple dwelling erected prior to December sixth, nineteen hundred sixty-nine is altered, or a building erected prior to December sixth, nineteen hundred sixty-nine is converted to a multiple dwelling pursuant to a permit applied for to the department having jurisdiction, the foregoing articles, sections and subdivisions of sections shall remain applicable where a local law of such city authorizes such alteration or conversion to be made, at the option of the owner, either in accordance with the requirements of the building law and regulations in effect in such city prior to December sixth, nineteen hundred sixty-eight or the requirements of the building law and regulations in effect after such date, and the owner elects to comply with the requirements of the building law and regulations in effect prior to December sixth, nineteen hundred sixty-eight. § 2. Section 275 of the multiple dwelling law, as added by chapter 734 of the laws of 1985, is amended to read as follows: § 275. Legislative findings. It is hereby declared and found that in cities with a population in excess of one million, large numbers of loft, manufacturing, commercial, institutional, public and community facility buildings have lost, and continue to lose, their tenants to more modern premises; and that the untenanted portions of such buildings constitute a potential housing stock within such cities which is capa- ble, when appropriately altered, of accommodating general residential use, thereby contributing to an alleviation of the housing shortage most severely affecting moderate and middle income families, and of accommo- dating joint living-work quarters for artists by making readily avail- able space which is physically and economically suitable for use by persons regularly engaged in the arts. There is a public purpose to be served by making accommodations readi- ly available for joint living-work quarters for artists for the follow- ing reasons: persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of the materials therefor and of the products thereof than are regularly to be found in dwellings subject to this article; that the financial remunerations to be obtained from pursuit of a career in the arts are generally small; that as a result of such limited financial remuneration persons regularly engaged in the arts generally find it financially impossible to maintain quarters for the pursuit of their artistic endeavors separate and apart from their places of residence; that the cultural life of cities of more than one million persons within this state and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts; that the high cost of land within such cities makes it particularly difficult for persons regularly engaged in the arts to obtain the use of the amounts of space required for their work as aforesaid; and that the residential use of the space is secondary or accessory to the primary use as a place of work. It is further declared that the legislation governing the alteration of such buildings to accommodate general residential use must of neces- sity be more restrictive than statutes heretofore in effect, which affected only joint living-work quarters for artists. It is the intention of this legislation to promulgate statewide mini- mum standards for all alterations of non-residential buildings to resi- dential use, but the legislature is cognizant that the use of such buildings for residential purposes must be consistent with local zoning S. 4006 82 A. 3006 ordinances. The legislature further recognizes that it is the role of localities to adopt regulations which will define in further detail the manner in which alterations should be carried out where building types and conditions are peculiar to their local environment. IT IS HEREBY ADDITIONALLY DECLARED AND FOUND THAT IN CITIES WITH A POPULATION IN EXCESS OF ONE MILLION, LARGE NUMBERS OF COMMERCIAL BUILDINGS HAVE LOST, AND CONTINUE TO LOSE, THEIR TENANTS TO MORE MODERN PREMISES AND TO THE CHANGING NATURE OF REMOTE OFFICE WORK IN THE WAKE OF THE COVID-19 PANDEMIC; AND THAT THE UNTENANTED PORTIONS OF SUCH BUILDINGS CONSTITUTE A POTENTIAL HOUSING STOCK WITHIN SUCH CITIES WHICH IS CAPABLE, WHEN APPROPRIATELY ALTERED, OF ACCOMMODATING GENERAL RESIDENTIAL USE, THEREBY CONTRIBUTING TO AN ALLEVIATION OF THE HOUSING SHORTAGE. § 3. Section 276 of the multiple dwelling law, as amended by chapter 420 of the laws of 2022, is amended to read as follows: § 276. [Definition of an artist] DEFINITIONS. As used in this article, the FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE word "artist" means a person who is regularly engaged in the fine arts, such as painting and sculpture or in the performing or crea- tive arts, including choreography and filmmaking, or in the composition of music on a professional basis, and is so certified by the city department of cultural affairs and/or state council on the arts. For joint living-work quarters for artists limited to artists' occupancy by local zoning resolution, any permanent occupant whose residence therein began on or before December fifteenth, two thousand twenty-one shall be deemed to meet such occupancy requirements under the same rights as an artist so certified in accordance with applicable law. 2. THE TERM "GENERAL RESIDENTIAL PURPOSES" MEANS USE OF A BUILDING AS A CLASS A MULTIPLE DWELLING, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE A ROOMING UNIT AS DEFINED IN SECTION 27-2004 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OTHER THAN A ROOMING UNIT IN A CLASS A OR CLASS B MULTIPLE DWELLING THAT IS AUTHORIZED PURSUANT TO SECTION 27-2077 OF SUCH ADMINISTRATIVE CODE. § 4. The multiple dwelling law is amended by adding a new section 279 to read as follows: § 279. OCCUPANCY OF COMMERCIAL BUILDINGS. 1. ANY BUILDING IN A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS WHICH WAS OCCUPIED FOR LOFT, COMMERCIAL, INSTITUTIONAL, PUBLIC, COMMUNITY FACILITY OR MANUFAC- TURING PURPOSES AT ANY TIME PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN HUNDRED NINETY, MAY BE OCCUPIED, IN WHOLE OR IN PART, FOR GENERAL RESI- DENTIAL PURPOSES IF SUCH OCCUPANCY IS IN COMPLIANCE WITH THIS ARTICLE, NOTWITHSTANDING ANY OTHER ARTICLE OF THIS CHAPTER, OR ANY PROVISION OF LAW COVERING THE SAME SUBJECT MATTER, EXCEPT AS OTHERWISE REQUIRED BY THE ZONING RESOLUTION OF SUCH CITY. 2. OCCUPANCY PURSUANT TO THIS SECTION SHALL BE PERMITTED ONLY IF THE CONDITIONS IN SUBDIVISIONS ONE THROUGH SIXTEEN OF SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE ARE COMPLIED WITH, EXCEPT THAT THE CONVER- SION SHALL NOT BE REQUIRED TO INCLUDE JOINT LIVING-WORK QUARTERS FOR ARTISTS, AND PROVIDED FURTHER THAT CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO SUBDIVISION THREE OF SECTION TWEN- TY-SIX OF THIS CHAPTER. 3. NOTWITHSTANDING ANY STATE OR LOCAL LAW, RULE, OR REGULATION, INCLUDING ANY OTHER PROVISION OF THIS SECTION OR ARTICLE TO THE CONTRA- RY, THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY BUILDING LOCATED IN A DISTRICT THAT OTHERWISE WOULD HAVE BEEN SUBJECT TO THE PROVISIONS OF SECTION 15-01 OF THE ZONING RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS. S. 4006 83 A. 3006 § 5. An application for conversion of a building pursuant to the provisions of this act, which application for a permit containing complete plans and specifications is filed prior to December 31, 2030, shall be permitted to proceed as if subdivision 3 of section 279 of the multiple dwelling law, as added by section four of this act, remained in effect, so long as construction of such project begins within the earli- er to occur of three years from December 31, 2030 or such time which the permit otherwise expires. § 6. This act shall take effect immediately; provided, however, that subdivision 3 of section 279 of the multiple dwelling law as added by section four of this act shall expire and be deemed repealed on December 31, 2030; provided further, however, that the repeal of subdivision 3 of section 279 of the multiple dwelling law as added by section four of this act shall not affect the use of any building for general residen- tial purposes, as such term is defined in article 7-B of the multiple dwelling law, permitted prior to such repeal. PART K Section 1. The multiple dwelling law is amended by adding a new arti- cle 7-D to read as follows: ARTICLE 7-D LEGALIZATION AND CONVERSION OF BASEMENT DWELLING UNITS SECTION 288. DEFINITIONS. 289. BASEMENT LOCAL LAWS AND REGULATIONS. 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS. § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW- FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; 2. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT A WRITTEN AGREEMENT; AND 3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT DWELLING UNIT IS RENTED. § 289. BASEMENT LOCAL LAWS AND REGULATIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT HEALTH AND SAFETY ARE PROTECTED, (A) THE LEGALIZATION OF SPECIFIED INHABITED BASE- MENT DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVER- SION OF OTHER SPECIFIED BASEMENT DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRON- MENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER. 2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF A BASEMENT DWELLING UNIT, (A) FREEDOM FROM ANY CIVIL OR ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDGMENTS OR ANY OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOL- S. 4006 84 A. 3006 UTION OF SUCH CITY, AND (B) RELIEF FROM ANY OUTSTANDING CIVIL JUDGMENTS ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE. PROVIDED THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED FURTHER THAT SUCH DATE SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER OR LOCAL LAW, RULE OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECIFIED BASEMENT DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFECTIVE DATE INTO A LAWFUL DWELLING UNIT. ANY AMENDMENT OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH LOCAL- ITY, AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRON- MENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW. § 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS. 1. THE PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN INHABITED BASEMENT DWELLING UNIT BE ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE- GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS. 2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE, WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTABLISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHORIZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT. 3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT. § 2. Subdivision 1 of section 472 of the private housing finance law, as amended by chapter 479 of the laws of 2005, is amended to read as follows: 1. Notwithstanding the provisions of any general, special or local law, a municipality, acting through an agency, is authorized: (A) to make, or contract to make, loans to low and moderate income owner-occu- pants of one to four unit existing private or multiple dwellings within its territorial limits, subject to the limitation of subdivisions two through seven of this section, in such amounts as shall be required for S. 4006 85 A. 3006 the rehabilitation of such dwellings, provided, however, that such loans shall not exceed sixty thousand dollars per dwelling unit, EXCEPT THAT THE LIMITATION ON THE MAXIMUM AMOUNT OF A LOAN, AS DESCRIBED IN THIS PARAGRAPH, SHALL NOT APPLY TO ANY SUCH LOAN FOR, IN WHOLE OR IN PART, REHABILITATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECIFIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED EIGHTY-NINE OF THE MULTIPLE DWELLING LAW. Such loans may also include the refinancing of the outstanding indebtedness of such dwell- ings, and the municipality may make temporary loans or advances to such owner-occupants in anticipation of permanent loans for such purposes; AND (B) TO MAKE OR CONTRACT TO MAKE GRANTS TO ANY OWNER DESCRIBED IN PARA- GRAPH (A) OF THIS SUBDIVISION, ON THE SAME TERMS AS PERMITTED UNDER SUCH PARAGRAPH FOR A LOAN. § 3. Section 472 of the private housing finance law is amended by adding a new subdivision 1-a to read as follows: 1-A. AS USED IN THIS ARTICLE, THE TERM "LOAN" SHALL INCLUDE ANY GRANT MADE BY A MUNICIPALITY PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT PROVISIONS OF THIS ARTICLE CONCERNING THE REPAYMENT OR FORGIVENESS OF, OR SECURITY FOR, A LOAN SHALL NOT APPLY TO ANY GRANT MADE PURSUANT TO THIS ARTICLE. § 4. Subdivision 2 of section 473 of the private housing finance law, as added by chapter 786 of the laws of 1987, is amended to read as follows: 2. A municipality shall neither make nor participate in a loan to an owner-occupant of an existing private or multiple dwelling pursuant to this article unless the agency finds that the area in which such dwell- ing is situated is a blighted, deteriorated or deteriorating area or has a blighting influence on the surrounding area, or is in danger of becom- ing a slum or a blighted area because of the existence of substandard, unsanitary, deteriorating or deteriorated conditions, an aged housing stock, or other factors indicating an inability of the private sector to cause such rehabilitation to be made, EXCEPT THAT ANY SUCH FINDING SHALL NOT BE REQUIRED FOR ANY SUCH LOAN FOR, IN WHOLE OR IN PART, REHABILI- TATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECI- FIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED EIGHTY-NINE OF THE MULTIPLE DWELLING LAW. § 5. This act shall take effect immediately. PART L Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows: 3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, OR AFTER CONSULTATION WITH LOCAL OFFICIALS, AS PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell- ing or dwellings on a lot shall not exceed 12.0, except that a fireproof class B dwelling in which six or more passenger elevators are maintained and operated in any city having a local zoning law, ordinance or resol- ution restricting districts in such city to residential use, may be erected in accordance with the provisions of such zoning law, ordinance S. 4006 86 A. 3006 or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordinance or resolution to residential uses. § 2. This act shall take effect immediately. PART M Section 1. Section 489 of the real property tax law is amended by adding a new subdivision 21 to read as follows: 21. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION: (1) "AFFORDABLE RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKETING BAND THAT IS ALLOWED FOR AN AFFORDABLE RENTAL UNIT AS SUCH RENT IS ESTABLISHED BY THE LOCAL HOUSING AGENCY. (2) "AFFORDABLE RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE RENTAL BUILDING THAT, AS OF THE FILING OF AN APPLICATION FOR A CERTIF- ICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT AT OR BELOW THE APPLICABLE AFFORDABLE RENT. (3) "CERTIFICATE OF ELIGIBILITY AND REASONABLE COST" SHALL MEAN A DOCUMENT ISSUED BY THE LOCAL HOUSING AGENCY THAT ESTABLISHES THAT A PROPERTY IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION FOR WHICH SUCH BENEFITS SHALL BE RECEIVED. (4) "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB- LISHED, AND UPDATED AS NECESSARY, BY THE LOCAL HOUSING AGENCY. (5) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE LOCAL HOUSING AGENCY ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES- SARY FOR FURTHER ASSESSMENT OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST WHERE SUCH APPLICATION CONTAINED ALL INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING. (6) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS. (7) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE CONSTRUCTION, THE DATE ON WHICH: (A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL ELIGI- BLE CONSTRUCTION HAS CONCLUDED; AND (B) ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE CONSTRUCTION CAPABLE OF USE FOR THE PURPOSE FOR WHICH SUCH ELIGIBLE CONSTRUCTION WAS INTENDED. (8) "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION IN A CLASS A MULTIPLE DWELLING THAT: (A) IS ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD; (B) CONTAINS AT LEAST ONE ROOM; AND (C) CONTAINS WITHIN SUCH ACCOMMODATION LAWFUL SANITARY AND KITCHEN FACILITIES RESERVED FOR ITS OCCUPANTS. (9) "ELIGIBLE BUILDING" SHALL MEAN AN ELIGIBLE RENTAL BUILDING, AN ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING, PROVIDED THAT SUCH BUILDING CONTAINS THREE OR MORE DWELLING UNITS. (10) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO AN ELIGIBLE BUILDING THAT: (A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE- DULE; S. 4006 87 A. 3006 (B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD; (C) HAVE A COMPLETION DATE THAT IS AFTER JUNE TWENTY-NINTH, TWO THOU- SAND TWENTY-TWO AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX AND THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND (D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI- BLE BUILDING. (11) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING THAT: (A) IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPER- ATIVE HOUSING; (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND (C) HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION. (12) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXIST- ING BUILDING THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY EITHER: (A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A MUTUAL COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY REGULATORY AGREEMENT; OR (B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT. (13) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT: (A) IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS ARE OPERATED AS RENTAL HOUSING; (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND (C) SATISFIES ONE OF THE FOLLOWING CONDITIONS: (I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING ARE AFFORDABLE RENTAL UNITS; (II) SUCH BUILDING IS OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY; OR (III) SUCH BUILDING IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE. (14) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH: (A) IS PERMANENTLY AFFIXED TO THE LAND; (B) HAS ONE OR MORE FLOORS AND A ROOF; (C) IS BOUNDED BY WALLS; (D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES- TRIAN INGRESS AND EGRESS; (E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT IS IN EFFECT PRIOR TO THE COMMENCEMENT DATE; AND (F) EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE- MENT DATE. (15) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL MEAN AN AVERAGE ASSESSED VALUATION OF FORTY-FIVE THOUSAND DOLLARS PER DWELL- ING UNIT. (16) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME MEANING AS "COMPANY" SET FORTH IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE LAW. (17) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE RENTAL BUILDING OTHER THAN AN AFFORDABLE RENTAL UNIT. (18) "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR S. 4006 88 A. 3006 FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. (19) "MINIMUM SCOPE OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF CERTIFIED REASONABLE COST ESTABLISHED BY RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY, PROVIDED THAT SUCH AMOUNT SHALL BE NO LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELLING UNIT IN EXISTENCE ON THE COMPLETION DATE. (20) "MULTIPLE DWELLING" SHALL HAVE THE MEANING AS SET FORTH IN SECTION FOUR OF THE MULTIPLE DWELLING LAW. (21) "MUTUAL COMPANY" SHALL HAVE THE MEANING AS SET FORTH IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE LAW. (22) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUS- ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN- CY PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW FOR NOT LESS THAN FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL COMPANY. (23) "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING, WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW. (24) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS "MUTUAL" WHEN APPLIED TO A REDEVELOPMENT COMPANY, AS SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW. (25) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY AND THE COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON- STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI- ER OF: (A) FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL REDEVELOPMENT COMPANY; OR (B) THE EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE- VELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW. (26) "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW. (27) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING, WITH RESPECT TO ANY REDEVELOPMENT COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW. (28) "REHABILITATION PROGRAM BENEFITS" SHALL MEAN ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO THIS SUBDIVISION. (29) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT ADDED THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED THEREAFT- S. 4006 89 A. 3006 ER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. (30) "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO SUCH PERIOD, FIFTEEN YEARS FROM THE INITIAL RECEIPT OF REHABILITATION PROGRAM BENE- FITS, OR SUCH ADDITIONAL PERIOD OF TIME AS MAY BE IMPOSED PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION. (31) "SUBSTANTIAL GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS, OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY IN FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY, PROVIDED THAT SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU- LATORY AGREEMENT ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. (32) "SUBSTANTIAL INTEREST" SHALL MEAN AN OWNERSHIP INTEREST OF TEN PERCENT OR MORE. (B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY CITY TO WHICH THE MULTIPLE DWELLING LAW IS APPLICABLE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY OR OTHER GOVERNING AGENCY, IS HEREBY AUTHORIZED AND EMPOWERED, UNTIL AND INCLUDING JUNE THIRTIETH, TWO THOU- SAND TWENTY-FIVE, TO ADOPT AND AMEND LOCAL LAWS OR ORDINANCES PROVIDING AN ABATEMENT OF REAL PROPERTY TAXES ON AN ELIGIBLE BUILDING IN WHICH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED, PROVIDED THAT: (1) SUCH ABATEMENT SHALL NOT EXCEED SEVENTY PERCENT OF THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION, AS DETERMINED UNDER RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY; (2) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS; (3) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE BUILDING SHALL NOT EXCEED EIGHT AND ONE-THIRD PERCENT OF THE TOTAL CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION; (4) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD FOR SUCH BUILDING, PROVIDED, HOWEVER, THAT SUCH ABATEMENT SHALL NOT EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING: (A) AN ELIGIBLE RENTAL BUILDING OWNED BY A LIMITED-PROFIT HOUSING COMPANY OR A REDEVELOPMENT COMPANY; (B) AN ELIGIBLE HOMEOWNERSHIP BUILD- ING; AND (C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND (5) SUCH ABATEMENT SHALL BECOME EFFECTIVE BEGINNING WITH THE FIRST QUARTERLY TAX BILL IMMEDIATELY FOLLOWING THE DATE OF ISSUANCE OF THE CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. (C) AUTHORITY OF CITY TO ADOPT RULES AND REGULATIONS. ANY SUCH LOCAL LAW OR ORDINANCE SHALL AUTHORIZE THE ADOPTION OF RULES AND REGULATIONS, NOT INCONSISTENT WITH THIS SUBDIVISION, BY THE LOCAL HOUSING AGENCY AND ANY OTHER LOCAL AGENCY NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVI- SION. (D) APPLICATIONS. (1) ANY SUCH LOCAL LAW OR ORDINANCE SHALL REQUIRE THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PURSUANT TO THIS SUBDIVISION BE MADE AFTER THE COMPLETION DATE AND ON OR BEFORE THE LATER OF (A) FOUR MONTHS FROM THE EFFECTIVE DATE OF SUCH LOCAL LAW OR ORDINANCE; OR (B) FOUR MONTHS FROM SUCH COMPLETION DATE. S. 4006 90 A. 3006 (2) SUCH APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA- BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL BE SATISFACTORY TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO, EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION. (3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE THAT SHALL BE PAID BY A CERTIFIED CHECK OR CASHIER'S CHECK UPON THE FILING OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. SUCH FEE SHALL BE (A) ONE THOUSAND DOLLARS, PLUS (B) SEVENTY-FIVE DOLLARS FOR EACH DWELLING UNIT IN EXCESS OF SIX DWELLING UNITS IN THE ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION. (4) ANY APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH THAT IS MISSING ANY OF THE INFORMATION AND DOCUMENTATION REQUIRED AT INITIAL FILING BY SUCH LOCAL LAW OR ORDINANCE AND ANY RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY SHALL BE DENIED, PROVIDED THAT A NEW APPLICA- TION FOR THE SAME ELIGIBLE CONSTRUCTION, TOGETHER WITH A NEW NON-REFUND- ABLE FILING FEE, MAY BE FILED WITHIN FIFTEEN DAYS OF THE DATE OF ISSU- ANCE OF SUCH DENIAL. IF SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH REQUIRED INFORMATION AND DOCUMENTATION, IT SHALL BE DENIED AND NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMIT- TED. (5) THE FAILURE OF AN APPLICANT TO RESPOND TO ANY CHECKLIST WITHIN THIRTY DAYS OF THE DATE OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING AGENCY SHALL ISSUE NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS TO ISSUE A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AFTER THE TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST CONCERNING SUCH APPLICATION. AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE, SUCH AGENCY SHALL PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION. (6) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT. (A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION: (I) THE NAME OF EVERY OWNER OF RECORD AND OWNER OF A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND (II) A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR UNLAWFULLY EVICTED TENANTS BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE LEGAL JURISDIC- TION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF TENANTS OR UNLAWFUL EVICTION. (B) NO ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE: (I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED; (II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR OMIS- SION OF ANY MATERIAL FACT; OR (III) ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING THE ELIGIBLE CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPRO- PRIATE LEGAL JURISDICTION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF S. 4006 91 A. 3006 TENANTS OR UNLAWFUL EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS, UNTIL AND UNLESS THE FINDING IS REVERSED ON APPEAL. (C) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR OTHER LEGAL REPRESEN- TATIVE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR THE DISTRICT ATTORNEY OF ANY COUNTY, MAY INSTITUTE AN ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECES- SARY TO DETERMINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING THE ELIGIBLE CONSTRUCTION HAS HARASSED OR UNLAWFULLY EVICTED TENANTS AS DESCRIBED IN THIS SUBPARAGRAPH. (7) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY RULES AND REGULATIONS THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST BE FILED ELECTRONICALLY. (E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL, IN ADDITION TO ALL OTHER CONDITIONS OF ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS SET FORTH IN THIS SUBDI- VISION, REQUIRE THAT AN ELIGIBLE RENTAL BUILDING, OTHER THAN ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY, ALSO COMPLY WITH ALL PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, AN ELIGIBLE RENTAL BUILDING THAT IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF SUBPARAGRAPH THREE OF THIS PARAGRAPH. (1) NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE CONTRARY, ANY MARKET RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SUBJECT TO RENT REGULATION AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIF- ICATE OF ELIGIBILITY AND REASONABLE COST AND ANY AFFORDABLE RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION UNTIL SUCH UNIT FIRST BECOMES VACANT AFTER THE EXPIRATION OF THE RESTRICTION PERIOD AT WHICH TIME SUCH UNIT, UNLESS IT WOULD BE SUBJECT TO RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS SUBDI- VISION, SHALL BE DEREGULATED, PROVIDED, HOWEVER, THAT DURING THE RESTRICTION PERIOD, NO EXEMPTION OR EXCLUSION FROM ANY REQUIREMENT OF RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS. (2) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING THAT IS NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE. (A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE RENTAL BUILDING SHALL BE DESIGNATED AS AFFORDABLE RENTAL UNITS. (B) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL ENSURE THAT NO AFFORDABLE RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG- ER THAN REASONABLY NECESSARY. (C) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL WAIVE THE COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO RENT REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR WHICH SUCH ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM BENEFITS, AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER. (D) AN AFFORDABLE RENTAL UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE RENTAL UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT, AND SHALL INCLUDE A NOTICE IN AT LEAST TWELVE- POINT TYPE INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDI- S. 4006 92 A. 3006 VISION, INCLUDING AN EXPLANATION OF THE RESTRICTIONS ON RENT INCREASES THAT MAY BE IMPOSED ON SUCH AFFORDABLE RENTAL UNIT. (E) THE LOCAL HOUSING AGENCY MAY ESTABLISH BY RULES AND REGULATIONS SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS NECESSARY OR APPRO- PRIATE FOR DESIGNATING AFFORDABLE RENTAL UNITS, INCLUDING, BUT NOT LIMITED TO, DESIGNATING THE UNIT MIX AND DISTRIBUTION REQUIREMENTS OF SUCH AFFORDABLE RENTAL UNITS IN AN ELIGIBLE BUILDING. (3) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING OR UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD. (4) NO DWELLING UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION PERIOD. (5) ANY NON-COMPLIANCE OF AN ELIGIBLE RENTAL BUILDING WITH THE PROVISIONS OF THIS PARAGRAPH SHALL PERMIT THE LOCAL HOUSING AGENCY TO TAKE THE FOLLOWING ACTION: (A) EXTEND THE RESTRICTION PERIOD; (B) INCREASE THE NUMBER OF AFFORDABLE RENTAL UNITS IN SUCH ELIGIBLE RENTAL BUILDING; (C) IMPOSE A PENALTY OF NOT MORE THAN THE PRODUCT OF ONE THOUSAND DOLLARS PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING UNITS CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND (D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD- ANCE WITH PARAGRAPH (M) OF THIS SUBDIVISION. (F) COMPLIANCE WITH APPLICABLE LAW. ANY SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH ELIGIBLE BUILD- ING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW. (G) IMPLEMENTATION OF REHABILITATION PROGRAM BENEFITS. UPON ISSUANCE OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AND PAYMENT OF OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS- MIT SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST TO THE LOCAL AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT. UPON RECEIPT OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON- SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES TO BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND PURSUANT TO SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED BY THE LOCAL HOUSING AGENCY. (H) OUTSTANDING TAXES AND CHARGES. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING CASES: (1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES OR PAYMENTS IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE LAST DAY OF THE TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF THE CERTIFICATE OF ELIGIBILITY AND REASONABLE COST BY THE LOCAL AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT; OR (2) REAL ESTATE TAXES OR WATER AND SEWER CHARGES DUE AT ANY TIME DURING THE AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR ONE YEAR AFTER THE SAME ARE DUE AND PAYABLE. (I) ADDITIONAL LIMITATIONS ON ELIGIBILITY. ANY SUCH LOCAL LAW OR ORDI- NANCE SHALL ALSO PROVIDE THAT: (1) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING RECEIVING TAX EXEMPTION OR ABATEMENT CONCURRENTLY FOR REHABILITATION OR NEW CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR LOCAL LAW OR ORDINANCE WITH THE EXCEPTION OF ANY ELIGIBLE CONSTRUCTION S. 4006 93 A. 3006 TO AN ELIGIBLE BUILDING RECEIVING A TAX EXEMPTION OR ABATEMENT UNDER THE PROVISIONS OF THE PRIVATE HOUSING FINANCE LAW; (2) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD- ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME OR A SIMILAR ITEM OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST FOR SUCH REHABILITATION PROGRAM BENEFITS; (3) WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED FOR DWELLING PURPOSES, THE ASSESSED VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI- BLE CONSTRUCTION SHALL BE APPORTIONED SO THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER THAN DWELLING PURPOSES; AND (4) REHABILITATION PROGRAM BENEFITS SHALL NOT BE APPLIED TO ABATE OR REDUCE THE TAXES UPON THE LAND PORTION OF REAL PROPERTY, WHICH SHALL CONTINUE TO BE TAXED BASED UPON THE ASSESSED VALUATION OF THE LAND AND THE APPLICABLE TAX RATE AT THE TIME SUCH TAXES ARE LEVIED. (J) RE-INSPECTION PENALTY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY CANNOT VERIFY THE ELIGIBLE CONSTRUCTION CLAIMED BY AN APPLICANT UPON THE FIRST INSPECTION BY THE LOCAL HOUSING AGENCY OF THE ELIGIBLE BUILDING, SUCH APPLICANT SHALL BE REQUIRED TO PAY TEN TIMES THE ACTUAL COST OF ANY ADDITIONAL INSPECTION NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION. (K) STRICT LIABILITY FOR INACCURATE APPLICATIONS. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY DETER- MINES THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASON- ABLE COST CONTAINS A MATERIAL MISSTATEMENT OF FACT, THE LOCAL HOUSING AGENCY MAY REJECT SUCH APPLICATION AND BAR THE SUBMISSION OF ANY OTHER APPLICATION PURSUANT TO THIS SUBDIVISION WITH RESPECT TO SUCH ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED THREE YEARS. AN APPLICANT SHALL NOT BE RELIEVED FROM LIABILITY UNDER THIS PARAGRAPH BECAUSE IT SUBMITTED ITS APPLICATION UNDER A MISTAKEN BELIEF OF FACT. FURTHERMORE, ANY PERSON OR ENTITY THAT FILES MORE THAN SIX APPLICATIONS CONTAINING SUCH A MATERIAL MISSTATEMENT OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM SUBMITTING ANY NEW APPLICATION FOR REHABILITATION PROGRAM BENEFITS ON BEHALF OF ANY ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS. (L) INVESTIGATORY AUTHORITY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO ALLOW THE LOCAL HOUSING AGENCY TO REQUIRE SUCH CERTIFICATIONS AND CONSENTS NECESSARY TO ACCESS RECORDS, INCLUDING OTHER TAX RECORDS, AS MAY BE DEEMED APPROPRIATE TO ENFORCE THE ELIGIBILITY REQUIREMENTS OF THIS SUBDIVISION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL FURTHER PROVIDE THAT, FOR PURPOSES OF DETERMINING AND CERTIFYING ELIGIBILITY FOR REHA- BILITATION PROGRAM BENEFITS AND THE REASONABLE COST OF ANY ELIGIBLE CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO: (1) ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON, INCLUD- ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING; (2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS AND THE PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM NECESSARY; (3) MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION; (4) ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES OR WORK IN SUCH ELIGIBLE CONSTRUCTION; (5) REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH ELIGI- BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF; S. 4006 94 A. 3006 (6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND (7) ON AN ANNUAL BASIS, REQUIRE THE SUBMISSION OF LEASES FOR ANY DWELLING UNIT IN A BUILDING GRANTED A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. (M) TERMINATION OR REVOCATION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE THAT FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDINANCE, ANY RULES AND REGULATIONS PROMULGATED THEREUNDER, OR ANY MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDE- VELOPMENT COMPANY REGULATORY AGREEMENT ENTERED INTO THEREUNDER, MAY RESULT IN REVOCATION OF ANY REHABILITATION PROGRAM BENEFITS RETROACTIVE TO THE COMMENCEMENT THEREOF. SUCH TERMINATION OR REVOCATION SHALL NOT EXEMPT SUCH ELIGIBLE BUILDING FROM CONTINUED COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION, SUCH LOCAL LAW OR ORDINANCE, SUCH RULES AND REGULATIONS, AND SUCH MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT. (N) CRIMINAL LIABILITY FOR UNAUTHORIZED USES. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT IN THE EVENT THAT ANY RECIPIENT OF REHABILITATION PROGRAM BENEFITS USES ANY DWELLING UNIT IN SUCH ELIGIBLE BUILDING IN VIOLATION OF THE REQUIREMENTS OF SUCH LOCAL LAW OR ORDINANCE AS ADOPTED PURSUANT TO THIS SUBDIVISION AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, SUCH RECIPIENT SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN AN AMOUNT EQUIVALENT TO DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT FROM SUCH UNLAWFUL USE OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH. (O) PRIVATE RIGHT OF ACTION. ANY PROSPECTIVE, PRESENT, OR FORMER TENANT OF AN ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE- MENTS AND PROHIBITIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDI- NANCE, OR ANY RULES AND REGULATIONS PROMULGATED THEREUNDER, IN THE SUPREME COURT OF NEW YORK. ANY SUCH INDIVIDUAL HARMED BY REASON OF A VIOLATION OF SUCH REQUIREMENTS AND PROHIBITIONS MAY SUE THEREFOR IN THE SUPREME COURT OF NEW YORK ON BEHALF OF HIMSELF OR HERSELF, AND SHALL RECOVER THREEFOLD THE DAMAGES SUSTAINED AND THE COST OF THE SUIT, INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUSING AGENCY MAY USE ANY COURT DECISION UNDER THIS PARAGRAPH THAT IS ADVERSE TO THE OWNER OF AN ELIGIBLE BUILDING AS THE BASIS FOR FURTHER ENFORCEMENT ACTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION BY A TENANT OF AN ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH MUST BE COMMENCED WITHIN SIX YEARS FROM THE DATE OF THE LATEST VIOLATION. (P) APPOINTMENT OF RECEIVER. IN ADDITION TO THE REMEDIES FOR NON-COM- PLIANCE PROVIDED FOR IN SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT THE LOCAL HOUSING AGENCY MAY MAKE APPLICATION FOR THE APPOINTMENT OF A RECEIVER IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. ANY RECEIVER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE AUTHORIZED, IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW, TO EFFECT COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, SUCH LOCAL LAW OR ORDINANCE, AND RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY. ANY EXPENDITURES INCURRED BY THE RECEIVER TO EFFECT SUCH COMPLIANCE SHALL CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON THE PROPERTY, AND UPON THE RENTS AND INCOME THEREOF, IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. THE LOCAL HOUSING AGENCY IN ITS DISCRETION MAY PROVIDE FUNDS TO BE EXPENDED BY THE RECEIVER, AND SUCH FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN ACCORD- ANCE WITH APPLICABLE LOCAL LAWS OR ORDINANCES. (R) AUTHORITY OF CITY TO LIMIT LOCAL LAW. WHERE A CITY ENACTS OR AMENDS A LOCAL LAW OR ORDINANCE UNDER THIS SUBDIVISION, SUCH LOCAL LAW S. 4006 95 A. 3006 OR ORDINANCE MAY RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY, SCOPE OR AMOUNT OF REHABILITATION PROGRAM BENEFITS UNDER THE LOCAL LAW OR ORDI- NANCE IN ANY MANNER, PROVIDED THAT THE LOCAL LAW OR ORDINANCE MAY NOT GRANT REHABILITATION PROGRAM BENEFITS BEYOND THOSE PROVIDED IN THIS SUBDIVISION. § 2. This act shall take effect immediately. PART N Section 1. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS. 1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED IN A BENEFIT AREA DESIGNATED IN SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY RESOLUTION. (B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES. (C) THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL OF THE UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND AT LEAST TWENTY PERCENT OF SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, ON AVERAGE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLI- CABLE, SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH RESTRICTION PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT. 2. ELIGIBLE NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS IN A DESIG- NATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE UNDER CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF TWENTY-FIVE YEARS, PROVIDED, THAT THE EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF TWENTY- FIVE YEARS SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE BY FOUR PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER: (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS THEREON DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION. (B) NO OTHER EXEMPTION MAY BE GRANTED CONCURRENTLY TO THE SAME IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW. S. 4006 96 A. 3006 3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, SUCH CONSTRUCTION SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERUTILIZED LAND, OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING ONE OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY. 4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE. 5. IN THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS USED PARTIALLY AS A RENTAL MULTIPLE DWELLING AND PARTIALLY FOR COMMERCIAL OR OTHER PURPOSES, THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED AS A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHOR- IZED BY THIS SECTION IF: (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL- ING REPRESENTS AT LEAST FIFTY PERCENT OF THE SQUARE FOOTAGE OF THE ENTIRE PROPERTY; (B) THE RENTAL UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES AS DETERMINED ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION; AND (C) THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED WITH RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL- ING. 6. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. 7. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION. § 2. This act shall take effect immediately. PART O Section 1. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL NEW CONSTRUCTION INVOLVING THE CREATION OF ACCESSORY DWELLING UNITS. 1. RESIDENTIAL BUILDINGS RECONSTRUCTED, ALTERED, IMPROVED, OR NEWLY CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL- ING UNITS ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN- ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY- TWO OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOL- UTION SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED. S. 4006 97 A. 3006 2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FIVE YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION FOR SUCH ADDITIONAL RESIDENTIAL UNIT OR UNITS THAT PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING: (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS DURING SUCH ADDITIONAL PERIOD AND SHALL BE DECREASED BY A FURTHER TEN PER CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE FINAL TWO YEARS OF SUCH ADDITIONAL PERIOD. THE EXEMPTION SHALL EXPIRE AT THE END OF THE EXTENDED PERIOD. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM OF THE EXEMPTION, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) IN ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS- ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE IMMEDIATELY PRECEDING ASSESSMENT ROLL), AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL ASSESS- MENT ROLL. THE RESULT SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION SHALL THEREUPON BE RECOMPUTED TO TAKE INTO ACCOUNT THE NEW EXEMPTION BASE, NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION IS RECEIVED, THE ASSESSOR SHALL CERTIFY THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS HAVING CUSTODY AND CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE HEREBY DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI- FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF HE OR SHE BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS. (III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND DOLLARS IN INCREASED MARKET VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE FOR THE EXEMPTION PURSUANT TO THIS SECTION. FOR THE PURPOSES OF THIS SECTION, THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE EQUAL TO THE INCREASED ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT OR NEW CONSTRUCTION DIVIDED BY THE CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY ESTAB- LISHED STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE IN THE REMAINDER OF THE STATE, EXCEPT WHERE THE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE EQUALS OR EXCEEDS NINETY-FIVE PERCENT, IN WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT OR NEW CONSTRUCTION SHALL BE DEEMED TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVE- MENT, OR NEW CONSTRUCTION. (B) NO SUCH EXEMPTION SHALL BE GRANTED FOR RECONSTRUCTION, ALTER- ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS: S. 4006 98 A. 3006 (I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND (III) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL DWELLING UNITS ON THE SAME PARCEL AS THE PREEXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS. (C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION, IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS. 3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA- TION SHALL BE FILED WITH THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY. 4. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU- ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN. 5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN- TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES. 6. IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES, OR TITLE THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. 7. (A) A COUNTY, CITY, TOWN OR VILLAGE MAY, BY ITS LOCAL LAW, OR SCHOOL DISTRICT, BY ITS RESOLUTION: (I) REDUCE THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO THIS SECTION; (II) LIMIT ELIGIBILITY FOR THE EXEMPTION TO THOSE FORMS OF RECON- STRUCTION, ALTERATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION AS ARE PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION. (B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION GRANTED PURSUANT TO THIS SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH SUCH EXEMPTION WAS GRANTED. § 2. This act shall take effect immediately and shall apply to assess- ment rolls based on taxable status dates occurring on or after such effective date. PART P Section 1. Paragraph a of subdivision 3 of section 224-a of the labor law, as added by section 1 of Part FFF of chapter 58 of the laws of 2020, is amended to read as follows: a. Benefits under section four hundred twenty-one-a OR FOUR HUNDRED SIXTY-SEVEN-M of the real property tax law; § 2. The real property tax law is amended by adding a new section 467-m to read as follows: S. 4006 99 A. 3006 § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL OCCUPANCY AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE- NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH. I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. S. 4006 100 A. 3006 L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-TWO; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-EIGHT. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI- OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST FIFTEEN YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHAT- TAN PRIME DEVELOPMENT AREA, A THIRTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT- TAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-EIGHT PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE SEVENTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-ONE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FOURTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VI) FOR THE NINETEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. S. 4006 101 A. 3006 V. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFACTURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGENCY. W. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. X. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. Y. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. Z. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE FOLLOWING AFFORDABILITY REQUIREMENTS DURING THE RESTRICTION PERIOD: S. 4006 102 A. 3006 A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. S. 4006 103 A. 3006 J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; AND (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI- TOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE- MENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE NINETEEN-YEAR BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE- GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. S. 4006 104 A. 3006 D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI- SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. 8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD- ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. 13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA- S. 4006 105 A. 3006 TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE NINETEEN-YEAR BENEFIT, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIRE- MENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION FIFTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. § 3. This act shall take effect immediately. PART Q 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, 2024. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budg- et, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed $12,830,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the S. 4006 106 A. 3006 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 2022-2023 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, 2023. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $5,360,000 for the fiscal year ending March 31, 2024. 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 2022-2023 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, 2023. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $21,710,000 for the fiscal year ending March 31, 2024. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $21,710,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating, as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance S. 4006 107 A. 3006 fund, such transfer shall be made as soon as practicable but no later than June 30, 2023. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $50,781,000 for the fiscal year ending March 31, 2024. 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 housing and assistance corporation, a total sum not to exceed $50,781,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practi- cable but no later than March 31, 2024. § 5. This act shall take effect immediately. PART R Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of section 421-a of the real property tax law, as amended by section 3 of part TTT of chapter 59 of the laws of 2017, is amended to read as follows: (xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion for which the commence- ment date is after December thirty-first, two thousand fifteen and on or before June fifteenth, two thousand twenty-two, and for which the completion date is on or before June fifteenth, two thousand [twenty- six] THIRTY. § 2. This act shall take effect immediately. PART S Section 1. Section 652 of the labor law is amended by adding a new subdivision 1-a to read as follows: 1-A. ANNUAL MINIMUM WAGE INCREASE. (A) NEW YORK CITY. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER REGARD- LESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM S. 4006 108 A. 3006 WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR. (B) REMAINDER OF DOWNSTATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHES- TER, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR. (C) REMAINDER OF STATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY-THREE, IN THE YEAR FOLLOWING THE YEAR THE MINIMUM WAGE RATE EQUALS FIFTEEN DOLLARS FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER PURSUANT TO SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX AS CALCU- LATED BY THE UNITED STATES DEPARTMENT OF LABOR. (D) NOTWITHSTANDING PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION, THE MINIMUM WAGE FOR A HOME CARE AIDE AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW SHALL BE SET BY SUBDIVISIONS TWO AND THREE OF SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THE PUBLIC HEALTH LAW. (E) EXCEPTIONS. NOTWITHSTANDING PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION, THERE SHALL BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE FOR THE FOLLOWING YEAR IF: (I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY FOR THE NORTHEAST REGION CPI-W IS NEGATIVE; (II) THE THREE-MONTH MOVING AVERAGE OF THE SEASONALLY ADJUSTED NEW YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE OF LABOR UNDERUTILIZATION FOR THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR RISES BY ONE-HALF PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI- OUS TWELVE MONTHS; OR (III) SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY- MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART- S. 4006 109 A. 3006 MENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN JANUARY. (F) THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES NO LATER THAN THE FIRST OF OCTOBER OF EACH YEAR TO TAKE EFFECT ON THE THIR- TY-FIRST DAY OF DECEMBER. THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES THAT WILL GO INTO EFFECT ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-THREE. § 2. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi- sion 2 as amended by chapter 38 of the laws of 1990, the opening para- graph of subdivision 2 as amended by section 6 of part II of chapter 58 of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of part K of chapter 54 of the laws of 2016, are amended to read as follows: 2. Existing wage orders. The minimum wage orders in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article; provided, however, that the minimum wage order for farm workers codified at part one hundred ninety of title twelve of the New York code of rules and regulations in effect on January first, two thousand twenty shall be deemed to be a wage order established and adopted under this article and shall remain in full force and effect except as modified in accordance with the provisions of this article or article nineteen-A of this chap- ter. Such minimum wage orders shall be modified by the commissioner to increase all monetary amounts specified therein in the same proportion as the increase in the hourly minimum wage as provided in [subdivision] SUBDIVISIONS one AND ONE-A of this section, including the amounts speci- fied in such minimum wage orders as allowances for gratuities, and when furnished by the employer to its employees, for meals, lodging, apparel and other such items, services and facilities. All amounts so modified shall be rounded off to the nearest five cents. The modified orders shall be promulgated by the commissioner without a public hearing, and without reference to a wage board, and shall become effective on the effective date of such increases in the minimum wage except as otherwise provided in this subdivision, notwithstanding any other provision of this article. 4. Notwithstanding subdivisions one, ONE-A and two of this section, the wage for an employee who is a food service worker receiving tips shall be a cash wage of at least two-thirds of the minimum wage rates set forth in subdivision one of this section, rounded to the nearest five cents or seven dollars and fifty cents, whichever is higher, provided that the tips of such an employee, when added to such cash wage, are equal to or exceed the minimum wage in effect pursuant to [subdivision] SUBDIVISIONS one AND ONE-A of this section and provided further that no other cash wage is established pursuant to section six hundred fifty-three of this article. 5. Notwithstanding subdivisions one, ONE-A and two of this section, meal and lodging allowances for a food service worker receiving a cash wage pursuant to subdivision four of this section shall not increase more than two-thirds of the increase required by subdivision two of this section as applied to state wage orders in effect pursuant to [subdivi- sion] SUBDIVISIONS one AND ONE-A of this section. § 3. Section 3614-f of the public health law, as added by section 1 of part XX of chapter 56 of the laws of 2022, is amended to read as follows: S. 4006 110 A. 3006 § 3614-f. Home care minimum wage increase. 1. For the purpose of this section, "home care aide" shall have the same meaning as defined in section thirty-six hundred fourteen-c of this article. 2. [In addition to the otherwise applicable minimum wage under section six hundred fifty-two of the labor law, or any otherwise applicable wage rule or order under article nineteen of the labor law] NOTWITHSTANDING ANY INCREASE TO THE MINIMUM WAGE UNDER PARAGRAPH (A), (B), OR (C) OF SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, the minimum wage for a home care aide shall be increased by an amount of three dollars and zero cents FROM THE MINIMUM WAGE ESTABLISHED UNDER SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW FOR EACH REGION OF THE STATE in accordance with the following schedule: (a) beginning October first, two thousand twenty-two, the minimum wage for a home care aide shall be increased by an amount of two dollars and zero cents, and (b) beginning October first, two thousand twenty-three, the minimum wage for a home care aide shall be increased by an additional amount of one dollar and zero cents. 3. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE MINIMUM WAGE FOR A HOME CARE AIDE SHALL BE THE GREATER OF EITHER: (A) THE RATE ESTABLISHED IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION; OR (B) THE RATE ESTABLISHED IN ACCORDANCE WITH SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW. 4. AT NO TIME SHALL THE MINIMUM WAGE FOR A HOME CARE AIDE BE HIGHER THAN EIGHTEEN DOLLARS UNTIL SUCH TIME AS THE MINIMUM WAGE RATE PURSUANT TO SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW IN THE LOCALITY OF THE STATE IN WHICH SUCH HOME CARE AIDE WORKS IS HIGH- ER THAN EIGHTEEN DOLLARS. 5. Where any home care aide is paid less than WHAT IS required [by subdivision] UNDER SUBDIVISIONS two AND THREE of this section, the home care aide, or the commissioner of labor acting on behalf of the home care aide, may bring a civil action under article six or nineteen of the labor law; provided that this shall not preclude the commissioner of labor from taking direct administrative enforcement action under article six of the labor law. § 4. This act shall take effect immediately. PART T Section 1. Legislative findings. The legislature finds that both with- in the city of New York and across the United States, over the past several decades, income inequality has expanded and that poverty is frequently concentrated in economically disadvantaged regions. The legislature also finds that economic disparities among individuals and across communities have further expanded due to the economic and health effects of the virus known as COVID-19. The purpose of this legislation is to remediate these economic disparities by authorizing the city of New York, the city school district of the city of New York, the New York city school construction authority, the New York city health and hospi- tals corporation, the New York city industrial development agency, and other city-affiliated not-for-profit corporations to use the economic power of their transactions to implement programs by administrative rule requiring contractors and subcontractors benefitting from such trans- actions to make best efforts to employ qualified economically disadvan- S. 4006 111 A. 3006 taged candidates and qualified candidates from economically disadvan- taged regions. § 2. The New York city charter is amended by adding a new chapter 79 to read as follows: CHAPTER 79 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT § 3501. ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS AN INDIVIDUAL WHO FILLS A BUILDING SERVICE OPPORTUNITY AND WHO: (1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR (2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN- MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE- MENT CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION AT ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT. APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT. APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF THE LABOR LAW, THAT HAS BEEN REGISTERED WITH, AND APPROVED BY, THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN- TY-THREE OF THE LABOR LAW. BUILDING SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE OPPORTUNITY" MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK. BUILDING SERVICE OPPORTUNITY LABOR HOUR. THE TERM "BUILDING SERVICE OPPORTUNITY LABOR HOUR" MEANS A LABOR HOUR PERFORMED BY AN INDIVIDUAL EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY. BUILDING SERVICE WORK. THE TERM "BUILDING SERVICE WORK" MEANS THE CLASSIFICATIONS OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS IDENTI- FIED AS CONSISTENT WITH SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE WORK FOR WHICH WORKERS ARE ENTITLED TO PREVAILING WAGE PURSUANT TO ARTICLE NINE OF THE LABOR LAW. CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM "CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION" MEANS A LOCAL DEVELOPMENT CORPORATION OR OTHER NOT-FOR-PROFIT CORPORATION, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE MAYOR. CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS: (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND (2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE, PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK. CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO- RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE: (1) ANY GOVERNMENTAL ENTITY; (2) ANY MICROBUSINESS, OTHER THAN A MICROBUSINESS PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (3) ANY LABOR ORGANIZATION. DIRECTOR. THE TERM "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE. ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN- TAGED CANDIDATE" MEANS AN INDIVIDUAL: S. 4006 112 A. 3006 (1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI- TATIVE THRESHOLD DETERMINED BY THE DIRECTOR, PROVIDED THAT SUCH INCOME SHALL NOT INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY THE FEDERAL GOVERNMENT OR A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY THE DIREC- TOR; AND (2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS. ECONOMICALLY DISADVANTAGED REGION. THE TERM "ECONOMICALLY DISADVAN- TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE, IN WHICH AT LEAST FIFTEEN PERCENT OF RESIDENTS HAVE HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY THRESHOLD. ECONOMICALLY DISADVANTAGED REGION CANDIDATE. THE TERM "ECONOMICALLY DISADVANTAGED REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A: (1) RESIDENT OF AN ADDRESS WITHIN AN ECONOMICALLY DISADVANTAGED REGION; (2) RESIDENT OF A BUILDING THAT IS: (I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND (II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE- TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR (3) RESIDENT OF A DWELLING UNIT THAT IS: (I) SUBJECT TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH UNIT BE RESTRICTED BASED ON THE INCOME OF THE OCCUPANTS; AND (II) LOCATED IN A BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINETEEN HUNDRED THIRTY-SEVEN, AS AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT. EMPLOYMENT OPPORTUNITY. THE TERM "EMPLOYMENT OPPORTUNITY" MEANS A VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION. EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY: (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW; (2) CONTRACT FOR THE PERFORMANCE OF SERVICES BY A CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION; (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS; (4) CONTRACT IN AN AMOUNT BELOW THE SMALL PURCHASE THRESHOLD SET PURSUANT TO THE AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF SECTION THREE HUNDRED FOURTEEN OF THIS CHARTER; (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR ANY OTHER TYPE OF CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A DETERMINATION THAT THE APPLICATION OF GOALS UNDER THIS PROGRAM WOULD SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT; (6) CONTRACT SUBJECT TO FEDERAL OR STATE FUNDING REQUIREMENTS THAT PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF GOALS UNDER THIS PROGRAM; (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART- MENT OF HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER; OR (8) A CONTRACT FOR WHICH CONTRACTOR SELECTION IS MADE BY AN ELECTED OFFICIAL OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY, EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR. LABOR ORGANIZATION. THE TERM "LABOR ORGANIZATION" HAS THE MEANING PROVIDED IN SECTION ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE UNITED STATES CODE, OR ANY SUCCESSOR PROVISION. MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES: (1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR; S. 4006 113 A. 3006 (2) ANY AGENCY HEADED BY A BOARD, COMMISSION, OR OTHER MULTI-MEMBER BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR; AND (3) THE OFFICE OF THE MAYOR. MICROBUSINESS. THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP, OR OTHER ENTITY THAT EMPLOYS NO LESS THAN ONE EMPLOYEE AND NO MORE THAN NINE EMPLOYEES. MWBE. THE TERM "MWBE" MEANS A BUSINESS CERTIFIED AS A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER. PROJECT LABOR AGREEMENT. THE TERM "PROJECT LABOR AGREEMENT" MEANS A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN THE CITY AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT: (1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE- NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK ON SUCH TRANSACTION; AND (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD- VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK. REFERRAL SOURCE. THE TERM "REFERRAL SOURCE" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP, AGENCY, UNION REFERRAL SYSTEM, OR OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHAPTER TO MAKE REFERRALS OF CANDIDATES TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS FOR THE PURPOSES OF MEETING THE APPLICABLE EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGU- LATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, SHALL BE DEEMED AN APPROVED REFERRAL SOURCE FOR THE PURPOSES OF PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHAPTER. SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT: (1) IS INDEPENDENTLY OWNED AND OPERATED; AND (2) HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE. SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE- MENT WITH A CONTRACTOR OR ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR THE TOTAL DOLLAR VALUE OF SUCH AGREEMENT EXCEEDS TWENTY THOUSAND DOLLARS, AND FURTHER PROVIDED THAT THE TERM "SUBCONTRACTOR" DOES NOT INCLUDE: (1) EMPLOYEES; (2) GOVERNMENTAL ENTITIES; (3) MICROBUSINESSES, OTHER THAN MICROBUSINESSES PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (4) LABOR ORGANIZATIONS. TRANSACTION. THE TERM "TRANSACTION" MEANS, A PROCUREMENT CONTRACT EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS- ACTION. S. 4006 114 A. 3006 § 3502. OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. A. OFFICE ESTABLISHED. THE MAYOR SHALL ESTABLISH AN OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS APPOINTED BY THE MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED BY THE MAYOR OR HEAD OF SUCH DEPARTMENT. THE DIRECTOR SHALL, AS THE DIRECTOR DEEMS APPROPRIATE, ADOPT RULES CONSISTENT WITH THE PURPOSE OF THIS CHAPTER RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES: (1) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO PUBLICLY DISCLOSE EMPLOYMENT OPPORTUNITIES; (2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF INDIVIDUALS AS ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION CANDIDATES, OR BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL, TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS- TRATIVE PROCESSES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS; (3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE REFER- RAL SOURCES FOR THE PURPOSES OF THIS SECTION, WHEREBY THE DIRECTOR SHALL: (I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION THAT INCLUDES A DESCRIPTION OF FUNCTIONS OF A REFERRAL SOURCE, THE MANNER IN WHICH RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING ENTI- TIES WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI- ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED IN THE SOLICITATION; (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE; (III) AUTHORIZE, IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE- MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR OTHER WORK- FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR (IV) IDENTIFY AND DEEM UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN- TICE PROGRAMS AND THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGULATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS APPROVED REFERRAL SYSTEMS; (4) ESTABLISHING A PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE INFORMATION REGARDING REFERRAL SOURCES TO CONTRACTORS, SUBCONTRACTORS, PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS; (5) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE PERFORMANCE OF EACH REFERRAL SOURCE ON AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR SUSPEND THE REFERRAL SOURCE; (6) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW, AS APPROPRIATE, AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING SERVICE WORK BASED ON: (I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR (II) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITY LABOR HOURS PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING SUCH GOALS, BUILDING SERVICE OPPORTUNITY LABOR HOURS PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED; S. 4006 115 A. 3006 (7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN THIRTY PERCENT OF THE CUMULATIVE HOURS OF CONSTRUCTION LABOR ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI- MUM RATIOS OF APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCON- TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI- FIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN NINE PERCENT OF SUCH CUMULATIVE HOURS OF CONSTRUCTION LABOR, PROVIDED THAT LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES SHALL BE CREDITED TOWARDS THE ACHIEVEMENT OF BOTH EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND FURTHER PROVIDED THAT PRIOR TO RELEASING A SOLICITATION FOR A TRANS- ACTION OR OTHERWISE INITIATING A PROCESS FOR ENTERING INTO A TRANS- ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE SUCH REQUIREMENTS WHERE THE DIRECTOR DETERMINES IN WRITING THAT SUCH WAIVER IS IN THE BEST INTEREST OF THE CITY; (8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO WORK THAT NEITHER INVOLVES CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS BASED ON: (I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH CANDIDATES; (II) THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH CANDI- DATES; OR (III) THE TOTAL VALUE OF THE TRANSACTION; (9) REQUIRING SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER- VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED CANDIDATES IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH SIX OR EIGHT OF THIS SUBDIVISION AND ESTABLISHED PURSUANT TO RULES ADOPTED BY THE DIRECTOR; (10) ESTABLISHING A SCHEDULE OF CIVIL PENALTIES, BASED ON FACTORS INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S INDUSTRY OR ANY RELEVANT OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR OR AN APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC- TOR'S OR SUBCONTRACTOR'S NON-COMPLIANCE WITH AN OBLIGATION CREATED PURSUANT TO THIS SECTION AND A PROCEDURE FOR THE IMPOSITION OF SUCH PENALTIES, WHICH WILL NOT EXCLUDE OTHER REMEDIES ESTABLISHED IN THIS CHARTER OR ANY OTHER LAW, PROVIDED THAT ANY CIVIL PENALTIES IMPOSED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT WHEN PROMUL- GATING RULES ESTABLISHING OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL- TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT CORPO- RATIONS, OR SMALL BUSINESSES; (11) DESIGNATING PAPER OR ELECTRONIC FORMATS FOR THE SUBMISSION OF DOCUMENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT TO PARAGRAPHS SIX THROUGH NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO PARA- GRAPHS ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA- GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION; SOLICITATION DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND S. 4006 116 A. 3006 DATA RELATED TO LABOR PERFORMED PURSUANT TO TRANSACTIONS, INCLUDING PAYROLL REPORTS, AS APPLICABLE; AND (12) (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING: (I) THE SCOPE OF THE TRANSACTION; (II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI- DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES; (III) THE NATURE OF ANY EMPLOYMENT OPPORTUNITIES THAT THE DIRECTOR EXPECTS WILL RESULT FROM THE TRANSACTION; (IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND SUBCONTRAC- TORS, AS APPLICABLE, THAT ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR SMALL BUSINESSES; AND (V) ANY OTHER SIMILAR FACTORS. (B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI- VIDUAL TRANSACTION, THE AGENCY ENTERING INTO THE TRANSACTION SHALL CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR TRANSACTIONS AND WHETHER SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS. B. LISTS OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE DURING EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT INCLUDING AN UPDATED LIST OF ALL ECONOMICALLY DISADVANTAGED REGIONS WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY OR ALL SUCH ECONOM- ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL PRECLUDE AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD- VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS AN ECONOMICALLY DISADVANTAGED REGION CANDIDATE FOR THE PURPOSES OF GOALS SET FORTH UNDER THIS SECTION. C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC- TIVE DATE OF THIS SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT ON A WEBSITE MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT TO A GOAL ESTABLISHED PURSUANT TO PARAGRAPH SIX, SEVEN, OR EIGHT OF SUBDIVI- SION A OF THIS SECTION, INFORMATION DEMONSTRATING THE CORRESPONDING CONTRACTOR'S PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE- GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, ECONOMICALLY DISADVANTAGED CANDIDATES, AND APPRENTICES WHO ARE ECONOMICALLY DISADVANTAGED REGION CANDIDATES, AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON SUCH TRANSACTION. IN COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS FEASIBLE, USE DATA SOURCES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS AND SUBCONTRACTORS, PROVIDED THAT WHERE THE DIRECTOR DETERMINES THAT SUCH DATA SOURCES CANNOT BE USED TO COMPLETE SUCH REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS AND SUBCON- TRACTORS TO PROVIDE SUCH ADDITIONAL DATA NECESSARY TO COMPLETE THIS REPORT, AND TO CERTIFY THE ACCURACY OF SUCH ADDITIONAL INFORMATION. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC- TOR TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR- MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS. D. BEST EFFORTS. (1) IN DETERMINING WHETHER A CONTRACTOR OR SUBCON- TRACTOR HAS EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB- S. 4006 117 A. 3006 LISHED PURSUANT TO SUBDIVISION A OF THIS SECTION, THE DIRECTOR SHALL CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED: (A) TO REVIEW ECONOMICALLY DISADVANTAGED REGION CANDIDATES' AND ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN GOOD FAITH; (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A MANNER REASONABLY INTENDED TO ATTRACT QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT THAT CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT SHALL NOT BE REQUIRED TO ADVERTISE EMPLOYMENT OPPORTUNITIES FOR CONSTRUCTION WORK; (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI- DATES IDENTIFIED BY SUCH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT, THE DIRECTOR SHALL ONLY CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED TO MEET SUCH GOALS BY COMPLYING WITH THE REFERRAL PROVISIONS OF SUCH PROJECT LABOR AGREEMENT; (D) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS; (E) TO MONITOR AND TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; (F) TO CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP- MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE, TO INFORM THE DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; AND (G) TO TAKE ALL OTHER COMMERCIALLY REASONABLE ACTIONS TO MEET THE EMPLOYMENT GOALS. (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON- TRACTORS ARE REQUIRED: (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN; (B) TO TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES; (C) TO EXTEND AN OFFER OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR WOULD NOT BE COMMERCIALLY USEFUL; OR (D) TO FORGO FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION HIRES. E. DISCRETIONARY APPLICATION OF GOALS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE NOT REQUIRED TO BE, ESTABLISHED FOR TRANSACTIONS THAT ARE EMERGENCY PROCUREMENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER. F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR DECREAS- ING THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES SETTING FORTH STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY WAGES, INCLUDING BUT NOT LIMITED TO PREVAILING WAGES AND BENEFITS REQUIRED PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING CONSTRUCTION LABOR UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE S. 4006 118 A. 3006 CREDIT TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA- GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. § 3. Paragraph 1 of subdivision b of section 311 of the New York city charter, as amended by local law number 20 of the city of New York for the year 2004, is amended to read as follows: 1. the methods for soliciting bids or proposals and awarding contracts, consistent with the provisions of this chapter, PROVIDED THAT THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE AWARD METHODOLOGY FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR PROPOSER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHARTER, AND FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSI- NESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU- ANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THIS CHARTER; § 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of section 2590-h of the education law, as amended by chapter 98 of the laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are added to read as follows: (x) a process for emergency procurement in the case of an unforeseen danger to life, safety, property or a necessary service provided that such procurement shall be made with such competition as is practicable under the circumstances and that a written determination of the basis for the emergency procurement shall be required and filed with the comp- troller of the city of New York when such emergency contract is filed with such comptroller; [and] (xi) procedures for the fair and equitable resolution of contract disputes[.]; (XII) EMPLOYMENT GOALS ESTABLISHED IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR OR HIS OR HER DESIGNEE; AND (XIII) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS, PROPOSALS OR OTHER OFFERS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER, PROPOSER OR OTHER OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII) OF THIS PARA- GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD PROCESS FOR A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR- PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF SUCH CHARTER. S. 4006 119 A. 3006 § 5. Subdivision (c) of section 917 of the general municipal law, as separately amended by chapter 1082 of the laws of 1974 and chapter 239 of the laws of 2001, is amended to read as follows: (c) For the benefit of the city and the inhabitants thereof an indus- trial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any or all of the purposes specified in title one of article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it shall have the power to finance a rail freight facility AND THE POWER TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHAR- TER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV- ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC- TOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF EXECU- TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article eighteen-A of this chapter such agency shall be limited to the geograph- ical jurisdictional limits of the city. § 6. Section 816-b of the labor law, as added by chapter 571 of the laws of 2001, is amended to read as follows: § 816-b. Apprenticeship participation on [construction] CERTAIN GOVERNMENTAL contracts. 1. For purposes of this section: (a) "governmental entity" shall mean the state, any state agency, as that term is defined in section two-a of the state finance law, munici- pal corporation, commission appointed pursuant to law, school district, district corporation, board of education, board of cooperative educa- tional services, soil conservation district, and public benefit corpo- ration; [and] (b) "construction contract" shall mean any contract to which a govern- mental entity may be a direct or indirect party which involves the design, construction, reconstruction, improvement, rehabilitation, main- tenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind; AND (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I) A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION OPERATING PRIMARILY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS. 2. Notwithstanding any other provision of this article, of section one hundred three of the general municipal law, of section one hundred thir- ty-five of the state finance law, of section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity [which] THAT is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, S. 4006 120 A. 3006 prior to entering into such contract, apprenticeship agreements appro- priate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT THAT, IN PERFORMING THE WORK, THE CONTRACTOR AND ITS SUBCONTRACTORS UTILIZE A MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS ESTABLISHED BY THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO ESTABLISHED BY THE DEPARTMENT, FOR ANY CLASSIFICATION APPROPRIATE FOR THE TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH MINI- MUM RATIO SHALL BE ESTABLISHED FOR LABOR PERFORMED PURSUANT TO A CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE EMPLOYMENT OF APPREN- TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz- ing [this requirement] THESE REQUIREMENTS, the governmental entity may, in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. § 7. Notwithstanding any provision of law to the contrary, any city- affiliated not-for-profit corporation, as such term is defined in section 3501 of the New York city charter, is authorized to establish employment goals in accordance with the program established pursuant to section 3502 of such charter, including but not limited to employment goals established pursuant to paragraph 7 of subdivision a and the corresponding best efforts provisions set forth in subdivision d of such section; provided, however, that where a provision of such section requires action by the director of the office of community hiring and workforce development of the city of New York, such action shall not be taken by the director of the office of community hiring and workforce development but shall be taken by the chief executive officer of such corporation, or a duly appointed designee. § 8. Section 1728 of the public authorities law is amended by adding a new subdivision 15-a to read as follows: 15-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE PRESIDENT OF THE AUTHORITY OR HIS OR HER DESIGNEE; § 9. The opening paragraph of paragraph d of subdivision 5 of section 1734 of the public authorities law, as added by chapter 738 of the laws of 1988, is amended to read as follows: the authority determines that it is in the public interest to award contracts pursuant to a process for competitive requests for proposals as hereinafter set forth. For purposes of this section, a process for competitive requests for proposals shall mean a method of soliciting proposals and awarding a contract on the basis of a formal evaluation of the characteristics, such as quality, cost, delivery schedule, THE CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of such proposals against stated selection criteria. Public notice of the requests for proposals shall be given in the same manner as provided in S. 4006 121 A. 3006 subdivision three of this section and shall include the selection crite- ria. In the event the authority makes a material change in the selection criteria from those previously stated in the notice, it will inform all proposers of such change and permit proposers to modify their proposals. WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST FOR PROPOSALS A QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN- TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE AUTHORITY SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI- FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, OR SECTION SEVENTEEN HUNDRED FORTY-THREE OF THIS TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR- TER. § 10. Section 5 of section 1 of chapter 1016 of the laws of 1969 constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 20-a to read as follows: 20-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY A DULY APPOINTED DESIGNEE OF THE CORPORATION; AND § 11. Section 8 of section 1 of chapter 1016 of the laws of 1969 constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE CORPORATION MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A OF SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUANTI- TATIVE FACTOR, THE CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR- TER; § 12. Subdivision b of section 2 of chapter 749 of the laws of 2019 constituting the New York city public works investment act, is amended by adding a new paragraph 12-a to read as follows: (12-A) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION 3502 OF THE NEW YORK CITY CHARTER; § 13. No provision of this act shall be construed to invalidate any provision of a project labor agreement, as such term is defined in section 3501 of the New York city charter, as added by section two of this act, or otherwise affect the contractual rights of any party to such an agreement. S. 4006 122 A. 3006 § 14. Severability. If any clause, sentence, paragraph, or section of this act is declared invalid or unconstitutional by any court of compe- tent jurisdiction, after exhaustion of all further judicial review, such portion shall be deemed severable, and the court's judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or section of this act directly involved in the controversy in which the judgment was rendered. § 15. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that: (a) sections one, two, three, five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of this act shall expire and be deemed repealed seven years after this act takes effect, provided that such expiration and repeal shall not affect any transaction, as such term is defined by section 3501 of the New York city charter, as added by section two of this act, entered into or for which a solicitation was released prior to such expiration and repeal, or to any renewals, exten- sions, modifications, or amendments to such transaction; (b) the amendments to paragraph a of subdivision 36 of section 2590-h of the education law made by section four of this act shall not affect the expiration of such subdivision and section pursuant to section 34 of chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap- ter 345 of the laws of 2009, as amended, and shall expire and be deemed repealed therewith, or seven years after this act takes effect, whichev- er occurs earlier, provided that such expiration and repeal shall not affect any transaction entered into or for which a solicitation was released prior to such expiration and repeal, or to any renewals, exten- sions, modifications, or amendments to such transaction; and (c) the amendments to chapter 749 of the laws of 2019 constituting the New York city public works investment act made by section twelve of this act shall not affect the expiration and repeal of such chapter pursuant to section 14 of such chapter, as amended, and shall expire and be deemed repealed therewith, or seven years after this act takes effect, whichever occurs earlier. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date by the director of the office of community hiring and workforce development of the city of New York, the chancellor and the city board of the city school district of the city of New York, the president of the New York city school construction authority, the duly appointed designee of the New York city health and hospitals corpo- ration, the chief executive officer of the New York city industrial development agency, and the chief executive officer of any city-affili- ated not-for-profit corporation, as such term is defined by section 3501 of the New York city charter, as added by section two of this act. PART U Section 1. Subdivision 2 of section 410-u of the social services law, as amended by section 1 of part L of chapter 56 of the laws of 2022, is amended to read as follows: 2. The state block grant for child care shall be divided into two parts pursuant to a plan developed by the department and approved by the director of the budget. One part shall be retained by the state to provide child care on a statewide basis to special groups and for activ- S. 4006 123 A. 3006 ities to increase the availability and/or quality of child care programs, including, but not limited to, the start-up of child care programs, the operation of child care resource and referral programs, training activities, the regulation and monitoring of child care programs, the development of computerized data systems, and consumer education, provided however, that child care resource and referral programs funded under title five-B of article six of this chapter shall meet additional performance standards developed by the department of social services including but not limited to: increasing the number of child care placements for persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income, with emphasis on placements supporting local efforts in meeting federal and state work participation requirements, increasing technical assistance to all modalities of legal child care to persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income, including the provision of training to assist providers in meeting child care standards or regu- latory requirements, and creating new child care opportunities, and assisting social services districts in assessing and responding to child care needs for persons at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income. The department shall have the authority to withhold funds from those agen- cies which do not meet performance standards. Agencies whose funds are withheld may have funds restored upon achieving performance standards. The other part shall be allocated to social services districts to provide child care assistance to families receiving family assistance and to other low income families. § 2. Subdivisions 1 and 3 of section 410-w of the social services law, subdivision 1 as amended by section 2 of part L of chapter 56 of the laws of 2022, and subdivision 3 as amended by chapter 834 of the laws of 2022, are amended to read as follows: 1. A social services district may use the funds allocated to it from the block grant to provide child care assistance to: (a) families receiving public assistance when such child care assist- ance is necessary: to enable a parent or caretaker relative to engage in work, participate in work activities or perform a community service pursuant to title nine-B of article five of this chapter; to enable a teenage parent to attend high school or other equivalent training program; because the parent or caretaker relative is physically or mentally incapacitated; or because family duties away from home necessi- tate the parent or caretaker relative's absence; child day care shall be provided during breaks in activities[, for a period of up to two weeks]. Such child day care [may] SHALL be authorized [for a period of up to one month if child care arrangements shall be lost if not continued, and the program or employment is scheduled to begin within such period] FOR THE PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT; (b) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME who are attempting through work activities to S. 4006 124 A. 3006 transition off of public assistance when such child care is necessary in order to enable a parent or caretaker relative to engage in work provided such families' public assistance has been terminated as a result of increased hours of or income from employment or increased income from child support payments or the family voluntarily ended assistance; provided that the family received public assistance at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section[; and provided, the family income does not exceed eighty-five percent of the state median income]; (c) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, which are determined in accordance with the regulations of the department to be at risk of becoming dependent on family assistance[; provided, the family income does not exceed eighty- five percent of the state median income]; (d) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, who are attending a post secondary educational program[; provided, the family income does not exceed eighty-five percent of the state median income]; and (e) other families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, which the social services district designates in its consolidated services plan as eligible for child care assistance] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME in accordance with criteria established by the depart- ment[; provided, the family income does not exceed eighty-five percent of the state median income]. 3. A social services district shall guarantee child care assistance to families in receipt of public assistance with children under thirteen years of age when such child care assistance is necessary for a parent or caretaker relative to engage in work or participate in work activ- ities pursuant to the provisions of title nine-B of article five of this chapter. Child care assistance shall continue to be guaranteed for such a family for a period of twelve months or may be provided by a social service district for a period up to twenty-four months, after the month in which the family's eligibility for public assistance has terminated or ended when such child care is necessary in order to enable the parent or caretaker relative to engage in work, provided that the family's public assistance has been terminated as a result of an increase in the hours of or income from employment or increased income from child support payments or because the family voluntarily ended assistance; that the family received public assistance in at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section; AND that the family's income does not exceed [two hundred percent of the state income stand- ard, or three hundred percent of the state income standard effective August first, two thousand twenty-two; and that the family income does not exceed] eighty-five percent of the state median income. Such child day care shall recognize the need for continuity of care for the child S. 4006 125 A. 3006 and a district shall not move a child from an existing provider unless the participant consents to such move. § 3. Paragraph (a) of subdivision 2 of section 410-x of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) [A social services district] THE DEPARTMENT may establish priori- ties for the families which will be eligible to receive funding; provided that the priorities provide that eligible families will receive equitable access to child care assistance funds to the extent that these funds are available. § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the social services law are REPEALED. § 5. This act shall take effect October 1, 2023. The office of chil- dren and family services is hereby authorized to promulgate such rules and regulations as may be necessary, including on an emergency basis, to implement the provisions of this act. PART V Section 1. Section 3 of part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, as amended by section 1 of part M of chapter 56 of the laws of 2022, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed April 1, 2023]; provided however that the amendments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately. PART W Section 1. Section 11 of subpart A of part G of chapter 57 of the laws of 2012, amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, as amended by section 2 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 11. This act shall take effect April 1, 2012 [and shall expire on March 31, 2023 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; provided, however, upon the repeal of this act, a social services district that has custody of a juvenile delinquent pursuant to an approved juvenile justice services close to home initiative shall retain custody of such juvenile delinquent until custody may be legally trans- ferred in an orderly fashion to the office of children and family services]. § 2. Section 7 of subpart B of part G of chapter 57 of the laws of 2012, amending the social services law, the family court act and the executive law relating to juvenile delinquents, as amended by section 3 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 7. This act shall take effect April 1, 2012 [and shall expire on March 31, 2023 when upon such date the provisions of this act shall be S. 4006 126 A. 3006 deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date]. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2023. PART X Section 1. Subdivision 1 of section 336-a of the social services law, as amended by chapter 275 of the laws of 2017, is amended to read as follows: 1. Social services districts shall make available vocational educa- tional training and educational activities. Such activities may include but need not be limited to, high school education or education designed to prepare a participant for a high school equivalency certificate, basic and remedial education, education in English proficiency, educa- tion or a course of instruction in financial literacy and personal finance that includes instruction on household cash management tech- niques, career advice to obtain a well paying and secure job, using checking and savings accounts, obtaining and utilizing short and long term credit, securing a loan or other long term financing arrangement for high cost items, participation in a higher education course of instruction or trade school, and no more than a total of four years of post-secondary education (or the part-time equivalent). Educational activities pursuant to this section may be offered with any of the following providers which meet the performance or assessment standards established in regulations by the commissioner for such providers: a community college, licensed trade school, registered business school, or a two-year or four-year college; provided, however, that such post-sec- ondary education must be necessary to the attainment of the partic- ipant's individual employment goal as set forth in the employability plan and such goal must relate directly to obtaining useful employment [in a recognized occupation]. When making [any] AN assignment to any educational activity pursuant to this subdivision, such assignment shall be permitted only to the extent that such assignment is consistent with the individual's assessment and employment plan goals in accordance with sections three hundred thirty-five and three hundred thirty-five-a of this title and shall require that the individual maintains satisfactory academic progress and hourly participation is documented consistent with federal and state requirements. For purposes of this provision "satis- factory academic progress" shall mean having a cumulative C average, or its equivalent, as determined by the academic institution. The require- ment to maintain satisfactory academic progress may be waived if done so by the academic institution and the social services district based on undue hardship caused by an event such as a personal injury or illness of the student, the death of a relative of the student or other exten- uating circumstances. [Any enrollment in post-secondary education beyond a twelve month period must be combined with no less than twenty hours of participation averaged weekly in paid employment or work activities or community service when paid employment is not available.] PARTICIPATION IN AN EDUCATIONAL AND/OR VOCATIONAL TRAINING PROGRAM, THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, A TWO-YEAR POST-SECONDARY DEGREE PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID- UAL EMPLOYMENT GOAL AND IS LIKELY TO LEAD TO A DEGREE OR CERTIFICATION AND SUSTAINED EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH INDI- S. 4006 127 A. 3006 VIDUAL'S ASSESSMENT AND EMPLOYABILITY PLAN TO THE EXTENT THAT SUCH APPROVAL DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH FEDERAL WORK PARTICIPATION RATES, AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. § 2. Paragraph (a) of subdivision 8 of section 131-a of the social services law is amended by adding two new subparagraphs (xi) and (xii) to read as follows: (XI) ALL OF THE EARNED INCOME OF A RECIPIENT OF PUBLIC ASSISTANCE THAT IS DERIVED FROM PARTICIPATION IN A QUALIFIED WORK ACTIVITY OR TRAINING PROGRAM AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST- ANCE, TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT ALREADY BEEN DISRE- GARDED PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, PROVIDED THAT THE RECIPIENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. (XII) ONCE DURING THE LIFETIME OF A RECIPIENT OF PUBLIC ASSISTANCE, ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC ASSISTANCE ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE MONTHS FROM THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE RECIPI- ENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. § 3. This act shall take effect on the two hundred fortieth day after it shall have become a law. PART Y Section 1. The social services law is amended by adding a new section 152-d to read as follows: § 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE. 1. NOTWITHSTANDING SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE, AND IN ACCORDANCE WITH THIS SECTION, PUBLIC ASSISTANCE RECIPIENTS SHALL RECEIVE REPLACEMENT ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST- ENT WITH GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE. 3. SOCIAL SERVICES DISTRICTS SHALL PROMPTLY REPLACE STOLEN PUBLIC ASSISTANCE, HOWEVER, SUCH REPLACEMENT SHALL OCCUR NO LATER THAN FIVE BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC ASSISTANCE WAS STOLEN IN ACCORDANCE WITH GUIDANCE ESTABLISHED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 4. FOR PUBLIC ASSISTANCE THAT IS VERIFIED AS STOLEN, REPLACEMENT ASSISTANCE SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD- ANCE WITH THIS SECTION AS FOLLOWS: (A) THE LESSER OF: (I) THE AMOUNT OF PUBLIC ASSISTANCE THAT WAS STOLEN; OR (II) THE AMOUNT OF PUBLIC ASSISTANCE PROVIDED DURING THE TWO MOST RECENT MONTHS PRIOR TO SUCH ASSISTANCE BEING STOLEN; AND (B)(I) NO MORE THAN TWICE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II) NO MORE THAN ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR. S. 4006 128 A. 3006 5. ANY REPLACEMENT ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTI- CLE THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS LATER DETERMINED THAT THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN- TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES. § 2. This act shall take effect immediately. PART Z 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$161.00] $175.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (b) in the case of each individual receiving residential care, an amount equal to at least [$186.00] $202.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$222.00] $241.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY- THREE. (d) for the period commencing January first, two thousand [twenty- three] TWENTY-FOUR, 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-three] TWENTY-FOUR, but prior to June thirtieth, two thousand [twenty-three] TWENTY-FOUR, 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) On and after January first, two thousand [twenty-two] TWENTY- THREE, for an eligible individual living alone, [$928.00] $1,001.00; and for an eligible couple living alone, [$1,365.00] $1,475.00. (b) On and after January first, two thousand [twenty-two] TWENTY-THREE, for an eligible individual living with others with or without in-kind income, [$864.00] $937.00; and for an eligible couple living with others with or without in-kind income, [$1,307.00] $1,417.00. (c) On and after January first, two thousand [twenty-two]TWENTY-THREE, (i) for an eligible individual receiving family care, [$1,107.48] $1,180.48 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- ble individual receiving such care in any other county in the state, S. 4006 129 A. 3006 [$1,069.48] $1,142.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [twenty-two] TWENTY-THREE, (i) for an eligible individual receiving residential care, [$1,276.00] $1,349.00 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, [$1,246.00] $1,319.00; 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-two] TWENTY-THREE, (i) for an eligible individual receiving enhanced residen- tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (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-three] TWEN- TY-FOUR but prior to June thirtieth, two thousand [twenty-three] TWEN- TY-FOUR. § 3. This act shall take effect December 31, 2023. § 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 Z of this act shall be as specifically set forth in the last section of such Parts.
2023-S4006A - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4006A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program
2023-S4006A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4006--A A. 3006--A S E N A T E - A S S E M B L Y February 1, 2023 ___________ 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 contracts for excel- lence; in relation to the high-impact tutoring set-aside; to amend the education law, in relation to foundation aid; to amend the education law, in relation to the number of charters issued; to amend the educa- tion law, in relation to actual valuation; to amend the education law, in relation to average daily attendance; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to prospective prekindergarten enroll- ment reporting; to amend the education law, in relation to transi- tional guidelines and rules; to amend the education law, in relation to universal prekindergarten expansions; to amend the education law, in relation to extending provisions of the statewide universal full- day pre-kindergarten program; to amend the education law, in relation to state aid adjustments; to amend the education law, in relation to certain moneys apportioned; to amend the education law, in relation to zero emission bus progress reporting; 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 2023-2024 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend part CCC of chapter 59 of the laws of 2018 amending the education law relating to a statement of the total funding allocation, in relation to the effectiveness thereof; to amend EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-02-3 S. 4006--A 2 A. 3006--A 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 part C of chapter 56 of the laws of 2020 directing the commissioner of educa- tion to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district, in relation to the effectiveness thereof; part C of chapter 57 of the laws of 2004 relating to the support of education, in relation to the effectiveness thereof; directing the education depart- ment to conduct a comprehensive study of alternative tuition rate-set- ting methodologies for approved providers operating school-age and preschool programs receiving funding; 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; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the education law, in relation to tuition authorization at the state university of New York and the city university of New York (Part B); to amend the education law, in relation to providing access to medica- tion abortion prescription drugs at the state university of New York and the city university of New York (Part C); to amend the education law, in relation to removing the maximum award caps for the liberty partnerships program (Part D); to amend the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part E); to amend the general munici- pal law and the public housing law, in relation to enacting the new homes targets and fast-track approval act (Part F); to amend the general city law, the town law and the village law, in relation to requiring certain densities of residential dwellings near transit stations (Part G); to amend the public housing law, in relation to requiring certain housing production information to be reported to the division of housing and community renewal (Part H); to amend the real property actions and proceedings law, in relation to determining when a dwelling is abandoned (Part I); to amend the multiple dwelling law, in relation to modernizing regulations for office building conver- sions; and providing for the repeal of certain provisions of such law relating thereto (Part J); to amend the multiple dwelling law and the private housing finance law, in relation to establishing a program to address the legalization of specified basement dwelling units and the conversion of other specified basement dwelling units in a city with a population of one million or more (Part K); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part L); to amend the real property tax law, in relation to authorizing a tax abatement for alterations and improvements to multiple dwellings S. 4006--A 3 A. 3006--A for purposes of preserving habitability in affordable housing (Part M); to amend the real property tax law, in relation to authorizing a city, town or village other than a city with a population of one million or more to provide by local law for a tax exemption for new construction of eligible rental multiple dwellings (Part N); to amend the real property tax law, in relation to providing a tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit (Part O); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more (Part P); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Q); to amend the real property tax law, in relation to eligible multiple dwellings (Part R); to amend the labor law and the public health law, in relation to indexing the minimum wage to inflation (Part S); to amend the New York city charter, the education law, the general municipal law, the labor law, the public authorities law, chapter 1016 of the laws of 1969 constituting the New York city health and hospitals corporation act, and chapter 749 of the laws of 2019 constituting the New York city public works investment act, in relation to providing for employment opportunities for economically disadvantaged candidates and economically disadvantaged region candidates and apprenticeship utilization on public transactions; and providing for the repeal of such provisions upon expiration thereof (Part T); to amend the social services law, in relation to eligibility for child care assistance; and to repeal certain provisions of such law relating thereto (Part U); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residen- tial school placements, in relation to the effectiveness thereof (Part V); to amend subpart A of chapter 57 of the laws of 2012 amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, and to amend subpart B of part G of chapter 57 of the laws of 2012 amending the social services law, the family court act and the executive law relat- ing to juvenile delinquents, in relation to making such provisions permanent (Part W); to amend the social services law, in relation to eliminating the requirement for combined education and other work/activity assignments, directing approval of certain education and vocational training activities up to two-year post-secondary degree programs and providing for a disregard of earned income received by a recipient of public assistance derived from participating in a quali- fied work activity or training program, and further providing for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); to amend the social services law, in relation to the replacement of stolen public assistance (Part Y); and to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disa- bled persons living in the community (Part Z) 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 2023-2024 state fiscal year. Each component is S. 4006--A 4 A. 3006--A wholly contained within a Part identified as Parts A through Z. 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 chapter 556 of the laws of 2022, 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 S. 4006--A 5 A. 3006--A 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 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 S. 4006--A 6 A. 3006--A of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty--two thousand twen- ty-one school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two thousand twenty-one school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-two--two thousand twenty- three school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twenty-one--two thousand twenty-two school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY- THREE 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-THREE--TWO THOUSAND TWENTY-FOUR 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-- TWO THOUSAND TWENTY-THREE SCHOOL YEAR; provided, however, that, in a city school district in a city having a population of one million or more, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, the contract for excellence shall provide for the expenditure as set forth in subparagraph (v) of para- graph a of subdivision two of this section. For purposes of this para- graph, 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. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph k to read as follows: S. 4006--A 7 A. 3006--A K. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU- SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE-- TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI- SION ONE OF THIS SECTION PLUS THE GREATER OF (A) THE POSITIVE DIFFER- ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. § 3. Subdivision 4 of section 3602 of education law is amended by adding a new paragraph e-1 to read as follows: E-1. HIGH-IMPACT TUTORING SET-ASIDE. FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL SET ASIDE FROM ITS TOTAL FOUNDATION AID THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "HIGH-IMPACT TUTORING SET-ASIDE" UNDER THE HEADING "2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4", AS COMPUTED PURSUANT TO THIS PARAGRAPH. EACH SCHOOL DISTRICT SHALL USE SUCH HIGH-IMPACT TUTORING SET-ASIDE AMOUNT TO DELIVER SMALL GROUP OR INDIVIDUAL TUTORING SESSIONS IN READING AND MATHEMATICS TO STUDENTS IN GRADES THREE THROUGH EIGHT DESIGNATED BY EACH SCHOOL DISTRICT AS AT RISK OF FALLING BELOW STATE STANDARDS. SUCH SERVICES AND SESSIONS MAY BE PROVIDED DURING THE SCHOOL DAY, BEFORE OR AFTER SCHOOL, OR ON THE WEEKEND AND MUST OCCUR NO LESS THAN TWICE PER WEEK FOR NO LESS THAN THIRTY MINUTES UNTIL THE STUDENT IS NO LONGER DESIGNATED AS AT RISK. THE FUNDS SET ASIDE UNDER THIS SECTION SHALL ONLY BE USED TO SUPPLEMENT CURRENT FEDERAL, STATE AND LOCAL FUNDING AND IN NO CASE SHALL SUPPLANT CURRENT DISTRICT EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS ON HIGH-IMPACT TUTORING. (1) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR DISTRICTS SUBJECT TO A HIGH-IMPACT TUTORING SET-ASIDE, THIS SET-ASIDE SHALL EQUAL THE GREATER OF: (I) ONE HUNDRED THOUSAND DOLLARS OR (II) THE PRODUCT OF (A) ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN TEN- THOUSANDTHS (0.1177) MULTIPLIED BY (B) THE FOUNDATION AID INCREASE BASE. (2) A DISTRICT SHALL BE SUBJECT TO THE HIGH-IMPACT TUTORING SET-ASIDE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR IF (I) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID INCREASE BY THE FOUNDATION AID BASE IS GREATER THAN THREE HUNDREDTHS (0.03) AND (II) THE FOUNDATION AID INCREASE BASE IS GREATER THAN ONE HUNDRED THOU- SAND DOLLARS ($100,000). (3) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID INCREASE" SHALL EQUAL THE POSITIVE DIFFERENCE OF THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4" LESS THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2022-23 BASE YEAR AIDS" IN SUCH COMPUTER LISTING. (4) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID INCREASE BASE" SHALL EQUAL THE POSITIVE DIFFERENCE OF THE FOUNDATION AID INCREASE LESS THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDA- TION AID BASE. S. 4006--A 8 A. 3006--A § 4. 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 STATEWIDE NUMERICAL LIMIT 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 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 S. 4006--A 9 A. 3006--A subdivision, as amended by a chapter of the laws of two thousand fifteen which added this paragraph]. § 5. Paragraph c of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: c. "Actual valuation" shall mean the valuation of taxable real proper- ty in a school district obtained by taking the assessed valuation of taxable real property within such district as it appears upon the assessment roll of the town, city, village, or county in which such property is located, for the calendar year two years prior to the calen- dar year in which the base year commenced, after revision as provided by law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION PURSU- ANT TO THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW OR THE RESIDENTIAL REVALUATION EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE LAWS OF TWO THOUSAND TWENTY-ONE, and dividing it by the state equalization rate as determined by the [state board of equalization and assessment] COMMIS- SIONER OF TAXATION AND FINANCE, for the assessment roll of such town, city, village, or county completed during such preceding calendar year. The actual valuation of a central high school district shall be the sum of such valuations of its component districts. Such actual valuation shall include any actual valuation equivalent of payments in lieu of taxes determined pursuant to section four hundred eighty-five of the real property tax law. "Selected actual valuation" shall mean the lesser of actual valuation calculated for aid payable in the current year or the two-year average of the actual valuation calculated for aid payable in the current year and the actual valuation calculated for aid payable in the base year. § 6. Paragraph d of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: d. "Average daily attendance" shall mean the total number of attend- ance days of pupils in a public school of a school district in kinder- garten through grade twelve, or equivalent ungraded programs, plus the total number of instruction days for such pupils receiving homebound instruction including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, divided by the number of days the district school was in session as provided in this section. The attend- ance of pupils with disabilities attending under the provisions of para- graph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily attendance. § 7. Paragraph l of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: l. "Average daily membership" shall mean the possible aggregate attendance of all pupils in attendance in a public school of the school district in kindergarten through grade twelve, or equivalent ungraded programs, including possible aggregate attendance for such pupils receiving homebound instruction, including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre- gate attendance of such pupils in one-half day kindergartens multiplied by one-half, divided by the number of days the district school was in session as provided in this section. The full time equivalent enrollment S. 4006--A 10 A. 3006--A of pupils with disabilities attending under the provisions of paragraph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily membership. Average daily membership shall include the equivalent attendance of the school district, as computed pursuant to paragraph d of this subdivision. In any instance where a pupil is a resident of another state or an Indian pupil is a resident of any portion of a reservation located wholly or partly within the borders of the state pursuant to subdivision four of section forty- one hundred one of this chapter or a pupil is living on federally owned land or property, such pupil's possible aggregate attendance shall be counted as part of the possible aggregate attendance of the school district in which such pupil is enrolled. § 8. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 14 of part A of chapter 56 of the laws of 2022, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten [through two thousand twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT- ER each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and enti- tled "SA0910". § 9. Paragraph b of subdivision 6-c of section 3602 of the education law, as amended by section 11 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen [and before the first day of July two thousand twenty-three] such addi- tional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivi- sion six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdi- vision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. § 10. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 15 of part A of chapter 56 of the laws of 2022, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou- S. 4006--A 11 A. 3006--A sand [twenty-three] TWENTY-FOUR school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 11. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2022, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY- FOUR school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 12. Section 3602-e of the education law is amended by adding a new subdivision 3 to read as follows: 3. PROSPECTIVE PREKINDERGARTEN ENROLLMENT REPORTING. A. BEGINNING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART SHALL ANNUALLY REPORT TO THE COMMISSIONER: (I) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN DISTRICT-OPERATED PROGRAMS IN THE CURRENT YEAR; (II) THE NUMBER OF FOUR- YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL- DAY AND HALF-DAY SLOTS IN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZA- TIONS IN THE CURRENT YEAR; (III) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDIAN HAS APPLIED FOR A SEAT FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE DISTRICT LACKS CAPACITY TO OFFER A SEAT; (IV) THE TOTAL NUMBER OF FOUR-YEAR-OLD CHILDREN RESIDING S. 4006--A 12 A. 3006--A IN THE DISTRICT WHO ARE ELIGIBLE TO BE SERVED UNDER THIS SECTION AND SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART, INCLUDING STUDENTS WHOSE PARENT OR GUARDIAN DID NOT APPLY, WHERE SUCH INFORMATION CAN BE REASON- ABLY ASCERTAINED; (V) THE TOTAL NUMBER OF STUDENTS WHO ARE ELIGIBLE TO ENROLL IN FOUR-YEAR-OLD PREKINDERGARTEN BUT ARE SERVED IN PRIVATE SETTINGS OR WHOSE PARENT OR GUARDIAN HAS NOT CHOSEN TO ENROLL THE STUDENT IN A PREKINDERGARTEN PROGRAM WHERE SUCH INFORMATION CAN BE REASONABLY ASCERTAINED; AND (VI) ANY OTHER INFORMATION AVAILABLE TO DISTRICTS AND NECESSARY TO ACCURATELY ESTIMATE THE UNMET DEMAND FOR FOUR-YEAR-OLD PREKINDERGARTEN SERVICES WITHIN THE DISTRICT. THIS REPORT SHALL BE DUE NO LATER THAN SEPTEMBER FIRST OF EACH YEAR AND SHALL BE COLLECTED AS PART OF THE APPLICATION SPECIFIED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. BEGINNING NOVEMBER FIRST, TWO THOUSAND TWENTY- THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT TO THE CHAIR- PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY DISTRICTS UNDER THIS SUBDIVISION. § 13. Subdivision 20 of section 3602-e of the education law is amended by adding a new paragraph b to read as follows: B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN- TY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA- GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI- PLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT. IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE LESS THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE EXPANSION SLOTS SHALL BE ZERO. (III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED" SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA- GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE- MENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR GRANTS S. 4006--A 13 A. 3006--A AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. (IV) FOR PURPOSES OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD- UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN- DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF- DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS (B) THE NUMBER OF PUPILS SERVED IN A CONVERSION SLOT PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5). § 14. Paragraph d of subdivision 12 of section 3602-e of the education law, as amended by section 17-b of part A of chapter 56 of the laws of 2022, is amended to read as follows: d. transitional guidelines and rules which allow a program to meet the required staff qualifications and any other requirements set forth pursuant to this section and regulations adopted by the board of regents and the commissioner; provided that such guidelines include an annual process by which a district may apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or registering agency. Provided, further, that the commissioner shall annually submit a report by [September] NOVEMBER first to the chairperson of the assembly ways and means commit- tee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiv- er pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collab- orating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. § 15. Paragraph c of subdivision 8 of section 3602-ee of the education law, as amended by section 17-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: (c) for eligible agencies as defined in paragraph b of subdivision one of section thirty-six hundred two-e of this part that are not schools, a bachelor's degree in early childhood education. Provided however, begin- ning with the two thousand twenty-two--two thousand twenty-three school S. 4006--A 14 A. 3006--A year, a school district may annually apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborat- ing with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. Provided further that the commissioner shall annually submit a report by [Septem- ber] NOVEMBER first to the chairperson of the assembly ways and means committee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiver pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligi- ble agency that is collaborating with a school district to provide prek- indergarten services and licensed by an agency other than the depart- ment; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collaborating with a school district to provide prekin- dergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or regis- tering agency. § 16. Subdivision 16 of section 3602-ee of the education law, as amended by section 17 of part A of chapter 56 of the laws of 2022, 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-three] TWENTY-FOUR; provided that the program shall continue and remain in full effect. § 17. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater S. 4006--A 15 A. 3006--A of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget.] IT IS 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- -TWO THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR STATE FISCAL YEAR AND ENTITLED "BT232-4", AND FURTHER PROVIDED THAT FOR ANY APPOR- S. 4006--A 16 A. 3006--A TIONMENTS 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, THIR- TY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDI- VISIONS FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. § 18. The opening paragraph of section 3609-a of the education law, as amended by section 19 of part A of chapter 56 of the laws of 2022, 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--two thousand twenty-three school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individual- ized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdi- vision 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--two thousand twenty- three school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA222-3".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE SUM OF APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY- SIX HUNDRED TWO OF THIS ARTICLE PLUS THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL S. 4006--A 17 A. 3006--A DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDI- VIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION 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, LESS APPORTION- MENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED, EXCLUDING APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF 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. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT232-4". § 19. Section 3638 of the education law is amended by adding a new subdivision 7 to read as follows: 7. ZERO-EMISSION BUS PROGRESS REPORTING. A. BEGINNING IN THE TWO THOU- SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL ANNUALLY SUBMIT TO THE COMMISSIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF ZERO-EM- ISSION BUSES AS REQUIRED UNDER THIS SECTION IN A FORMAT PRESCRIBED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, (I) SUFFICIENCY OF THE ELECTRIC GRID TO SUPPORT ANTICIPATED ELECTRICAL NEEDS, (II) THE AVAILABILITY AND INSTALLATION OF CHARGING STATIONS AND OTHER COMPONENTS REQUIRED TO SUPPORT THE ANTICIPATED FULL NEEDS FOR ZERO-EMISSION SCHOOL BUSES, (III) PROGRESS OF THE TRAINING AND WORKFORCE DEVELOPMENT NEEDED TO SUPPORT, MAINTAIN, AND SERVICE ZERO-EMISSION BUSES, (IV) THE NUMBER AND PROPOR- TION OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY DISTRICTS PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC- IPATED NUMBER FOR THE NEXT TWO YEARS, AND (V) THE NUMBER AND PROPORTION OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY CONTRACTORS PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC- IPATED NUMBER FOR THE NEXT TWO YEARS. THESE REPORTS SHALL BE DUE NO LATER THAN AUGUST FIRST OF EACH YEAR. BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT S. 4006--A 18 A. 3006--A TO THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR- PERSON OF THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY DISTRICTS UNDER THIS SUBDIVISION. § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 20 of part A of chapter 56 of the laws of 2022, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, [and] reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE- MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); for the 2021--2022 school year such contact hours shall not exceed one million four hundred sixteen thousand one hundred twenty-two (1,416,122); [and] for the 2022--2023 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2023--2024 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION ONE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED NINETY-NINE (1,168,699). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivi- sion 11 of section 3602 of the education law. § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion bb to read as follows: BB. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE S. 4006--A 19 A. 3006--A CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2022, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed [on] June 30, [2023] 2024. § 23. Subdivision 2 of section 44 of part CCC of chapter 59 of the laws of 2018 amending the education law, relating to a statement of the total funding allocation, is amended to read as follows: 2. Sections four and four-a of this act shall expire and be deemed repealed June 30, [2023] 2028; and § 24. Section 12 of chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 24 of part A of chapter 56 of the laws of 2022, 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, 2023 when upon such date the provisions of this act shall be deemed repealed]. § 25. Section 12 of part C of chapter 56 of the laws of 2020 direct- ing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the appor- tionment of aid to such school district, is amended to read as follows: § 12. This act shall take effect immediately, provided, however, that sections two, three, four, five, six, seven, eight, nine and ten of this act shall expire and be deemed repealed June 30, [2023] 2025; and provided further, however that sections one and eleven of this act shall expire and be deemed repealed June 30, 2049. § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws of 2004 relating to the support of education, as amended by section 37 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 11. section seventy-one of this act shall expire and be deemed repealed June 30, [2023] 2028; § 27. 1. The education department shall conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age programs receiving funding under article 81 and article 89 of the education law and providers operating approved preschool special education programs under section 4410 of the education law. The department shall ensure that such study consider stakeholder feedback and include, but not be limited to, a comparative analysis of rate-setting methodologies utilized by other agencies of the state of New York, including the rate-setting methodology utilized by the office of children and family services for private residential school programs; options and recommendations for an alternative rate-setting methodology or methodologies; cost estimates for such alternative methodologies; and an analysis of current provider tuition rates compared to tuition rates that would be established under such alternative methodologies. 2. At a minimum, any recommended alternative rate-setting methodology or methodologies proposed for such preschool and school-age providers S. 4006--A 20 A. 3006--A shall: (a) in total, be cost neutral to the state, school districts and counties; (b) substantially restrict or eliminate tuition rate appeals; (c) establish tuition rates that are calculated based on standardized parameters and criteria, including, but not limited to, defined program and staffing models, regional costs, and minimum required enrollment levels as a percentage of program operating capacities; (d) include a schedule to phase in new tuition rates in accordance with the recom- mended methodology or methodologies; and (e) ensure tuition rates for all programs can be calculated no later than the beginning of each school year. 3. The education department shall present its recommendations and analysis to the division of the budget no later than July 1, 2025, provided, however, that the department shall regularly consult with the division of the budget throughout completion of its study. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 28. 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 evalu- ation programs and for participation in state programs for the reporting of basic educational data, as amended by section 38 of part A of chapter 56 of the laws of 2021, 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 FURTHER THAT, FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, 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 APPROPRI- ATION 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 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- S. 4006--A 21 A. 3006--A 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. § 29. Special apportionment for salary expenses. 1. 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 2024 and not later than the last day of the third full business week of June 2024, 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, 2024, for salary expenses incurred between April 1 and June 30, 2023 and such apportionment shall not exceed the sum of (a) 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 (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 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 (d) 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 (e) 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. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 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. 3. 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 1 and 2 of this section shall first be deducted from the S. 4006--A 22 A. 3006--A following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 30. Special apportionment for public pension accruals. 1. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2024, 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, 2024 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 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. 3. 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 1 and 2 of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any S. 4006--A 23 A. 3006--A remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 31. 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: 1. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2023--2024 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) 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. 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this subdivision, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2023--2024 school year, and for any city school district in a city having a population of more than one million, the set-aside for attendance improvement and dropout S. 4006--A 24 A. 3006--A prevention shall equal the amount set aside in the base year. For the 2023--2024 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. 4. For the purpose of teacher support for the 2023--2024 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 32. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2023 enacting the aid to localities budget shall be apportioned for the 2023-2024 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 such 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 2023-2024 by a chapter of the laws of 2023 enacting the aid to localities budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to ensure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, is amended to read as follows: S. 4006--A 25 A. 3006--A (2) Notwithstanding any other provisions of law, for aid payable in the 2002-03 through [2022-23] 2027-28 school years, an amount equal to twenty million dollars ($20,000,000) of general support for public schools otherwise due and payable to the Rochester city school district on or before September first of the applicable school year shall be for an entitlement period ending the immediately preceding June thirtieth. § 34. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 35. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2023, provided, however, that: 1. Sections one, two, three, five, eight, nine, ten, eleven, fourteen, fifteen, sixteen, eighteen, twenty-two, thirty-one, and thirty-three of this act shall take effect July 1, 2023; 2. Section three of this act shall expire and be deemed repealed June 30, 2024; 3. Section nineteen of this act shall expire and be deemed repealed June 30, 2036; and 4. The amendments to chapter 756 of the laws of 1992 relating to fund- ing a program for work force education conducted by a consortium for worker education in New York city made by sections twenty and twenty-one of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. The opening paragraph of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: 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 institutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of tech- nology and the colleges of agriculture and technology 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 bacca- laureate degree at other state-operated institutions of the state university of New York. PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTAB- LISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION. Notwithstanding any other provision S. 4006--A 26 A. 3006--A of this subparagraph, the trustees may authorize the setting of a sepa- rate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resi- dent students, only for students enrolled in distance learning courses who are not residents of the state. 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: § 2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 2 of chapter 437 of the laws of 2015, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at state-operated institutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs lead- ing 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 undergradu- ate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTABLISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of a separate category of tuition 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. The trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget. § 3. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding two new subparagraphs 4-a-1 and 4-c to read as follows: (4-A-1) COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR THROUGH THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT ACADEMIC YEAR, FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE STATE UNIVERSITY OR HIS OR HER DESIGNEE THE BOARD OF TRUSTEES MAY ANNUALLY RAISE NON-RESIDENT UNDERGRADUATE RATES OF TUITION FOR THE FOUR UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK IF THE BOARD SHALL DETERMINE THAT SUCH RATE INCREASE IS COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER INSTITUTIONS, PROVIDED HOWEVER THAT IN NO YEAR SHALL SUCH RATE OF TUITION EXCEED ONE HUNDRED AND TEN PERCENT OF THE TUITION RATE FOR THE UNIVERSITY CENTERS IN THE PRIOR ACADEMIC YEAR. (4-C) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND THEREAFTER, THE BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (I) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR, S. 4006--A 27 A. 3006--A OR (II) THREE PERCENT. NOTWITHSTANDING THE PRECEDING, AND UPON THE APPROVAL OF THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, THE FOLLOWING INSTITUTIONS MAY HAVE ADDITIONAL INCREASES TO THE RESIDENT RATES OF UNDERGRADUATE TUITION THAT ARE IN ADDITION TO ANY IMPACT FROM THE PRECEDING; FOR THE UNIVERSITY CENTER AT ALBANY, THE UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVER- SITY CENTER AT STONY BROOK SUCH ANNUAL INCREASE MAY INCLUDE UP TO AN ADDITIONAL SIX PERCENTAGE POINTS. NOTWITHSTANDING THE PRECEDING, NO SUCH ADDITIONAL ANNUAL INCREASE SHALL RESULT IN A RATE IN EXCESS OF THIRTY PERCENT HIGHER THAN THE RATE CHARGED IN SUCH YEAR FOR STATE-OPER- ATED INSTITUTIONS OTHER THAN THE UNIVERSITY CENTER AT ALBANY, THE UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVERSITY CENTER AT STONY BROOK. MONIES GENERATED BY THESE PROSPEC- TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY SYSTEM. § 4. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN- TY-FOUR ACADEMIC YEAR AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (A) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR, OR (B) THREE PERCENT. MONIES GENERATED BY THESE PROSPEC- TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY SYSTEM. § 5. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 669 of the laws of 2022, is amended to read as follows: (a) (I) 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. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition 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. The trustees shall further provide that the payment of tuition and fees by any student who is not a S. 4006--A 28 A. 3006--A resident of New York state, other than a non-immigrant noncitizen within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no great- er than that imposed for students who are residents of the state if such student: [(i)] (1) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attendance at an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or [(ii)] (2) attended an approved New York state program for general equivalency diploma exam preparation, received a general equivalency diploma issued within New York state and applied for attendance at an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or [(iii)] (3) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institu- tion or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. (II) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN- TY-FOUR ACADEMIC YEAR AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (1) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR, OR (2) THREE PERCENT. MONIES GENERATED BY THESE PROSPEC- TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY SYSTEM. § 6. This act shall take effect immediately; provided however: a. the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act shall be subject to the expiration and reversion of such subparagraph pursuant to section 16 of chapter 260 of the laws of 2011 as amended, when upon S. 4006--A 29 A. 3006--A such date the provisions of section two of this act shall take effect; and b. the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section four of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 16 of chapter 260 of the laws of 2011 as amended, when upon such date the provisions of section five of this act shall take effect. PART C Section 1. The education law is amended by adding a new section 6438-b to read as follows: § 6438-B. ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS. 1. EVERY CAMPUS OF THE STATE UNIVERSITY OF NEW YORK AND EVERY CAMPUS OF THE CITY UNIVERSITY OF NEW YORK, WHICH SHALL INCLUDE THE COMMUNITY COLLEGE CAMPUSES OF SUCH INSTITUTIONS, SHALL PROVIDE ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS FOR ALL STUDENTS ENROLLED AT SUCH INSTI- TUTIONS. 2. FOR PURPOSES OF THIS SECTION, "ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS" MEANS EITHER: (A) THE PRESCRIBING AND DISPENSING OF MEDICATION ABORTION PRESCRIPTION DRUGS DIRECTLY TO A STUDENT, PERFORMED BY INDIVIDUALS LEGALLY CERTIFIED TO PRESCRIBE AND DISPENSE SUCH MEDICATION EMPLOYED BY OR WORKING ON BEHALF OF THE CAMPUS; OR (B) REFERRAL TO A HEALTHCARE PROVIDER OR PHARMACY IN THE COMMUNITY CERTIFIED TO DISPENSE SUCH MEDICATION. 3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL ADOPT UNIFORM POLICES FOR EACH UNIVERSITY ENSURING EFFECTIVE ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS PURSUANT TO THIS SECTION. § 2. This act shall take effect August 1, 2023. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D Section 1. Paragraphs b and c of subdivision 4 of section 612 of the education law, as added by chapter 425 of the laws of 1988, are amended to read as follows: [b. A grant to a recipient of an award under this section shall not exceed the amount of three hundred thousand dollars for any grant year, provided that a recipient may receive a grant in excess of such amount at the rate of twelve hundred fifty dollars for each student, in excess of two hundred forty students, who is provided compensatory and support services by the recipient during such grant year. c.] B. The grant recipients shall provide students at public and nonpublic schools the opportunity to receive compensatory and support services in an equitable manner consistent with the number and need of the children in such schools. § 2. This act shall take effect immediately. PART E Section 1. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: S. 4006--A 30 A. 3006--A (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 DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL SHAREHOLDERS OF A 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 7404 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 REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED 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 ACTIVE- LY PARTICIPATES IN THE BUSINESS OF 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 OR AN AFFILIATED ENTI- TY. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 2. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 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 OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPO- RATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, AND (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, AND (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 PROFESSIONAL SERVICE CORPORATION ESTABLISHED PURSU- ANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL 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: S. 4006--A 31 A. 3006--A (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 1503 OF THIS ARTICLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN ANY STATE, PROVIDED HOWEVER THAT AT LEAST A SIMPLE MAJORITY OF THE DIREC- TORS, AT LEAST A SIMPLE MAJORITY OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHARE- HOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 4. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, who has been rendering professional service to the public becomes legally disqualified to practice his OR HER profession within this state, he OR SHE shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of professional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his OR HER profession within this state shall be deemed to constitute an irrevocable offer by the disqual- ified shareholder to sell his OR HER shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compliance with this provision shall constitute a ground for forfeiture of its certif- icate of incorporation and its dissolution. § 5. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, may sell or transfer his OR HER shares in such corporation except to another individual who is eligible to have shares issued to him OR HER by such corporation or except in trust to another individual who would be eligible to receive shares if he OR SHE were employed by the corporation. Nothing herein contained shall be construed to prohibit the transfer of shares by oper- ation of law or by court decree. No transferee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligible to have shares issued to him OR HER if he OR SHE were an employee of the corporation and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court S. 4006--A 32 A. 3006--A 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 1503 OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LI- CENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTAB- LISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 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 1503 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 A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, AND (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: S. 4006--A 33 A. 3006--A (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 A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPO- RATION 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 7404 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 REGIS- TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTIC- IPATES 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 BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY. § 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 AS A FIRM, 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 PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liability partnership formed to provide professional engineer- ing, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to arti- cle 145, article 147 and/or article 148 of the education law to practice S. 4006--A 34 A. 3006--A one or more of such professions in this state. Each partner of a regis- tered 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 partner 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 practice marriage and family therapy in this state. Each partner of a registered 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 REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 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 REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) 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 OR AN AFFILIATED ENTITY. § 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 S. 4006--A 35 A. 3006--A 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 LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL PARTNERS OF THE FOREIGN 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 7404 OF THE EDUCA- TION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTER- EST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVI- ATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR S. 4006--A 36 A. 3006--A (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED THAT 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 OR AN AFFILIATED ENTITY. § 10. 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 LIMIT- ED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health S. 4006--A 37 A. 3006--A 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 A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL MEMBERS OF A 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 7404 OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPI- TAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMUL- GATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, 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 OR AN AFFILIATED ENTITY. § 11. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, S. 4006--A 38 A. 3006--A or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional S. 4006--A 39 A. 3006--A service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC- TICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 INDI- VIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) 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 7404 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 REGIS- TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGIS- TERED WITH THE EDUCATION DEPARTMENT 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) 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 INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY. § 12. Notwithstanding any other provision of law to the contrary, if a firm which is registered with the education department to lawfully engage in the practice of public accountancy has one or more non-licen- see owners, each such non-licensee owner of the firm whose principal place of business is in New York state shall pay a fee of nine hundred dollars to the department of education on a triennial basis. § 13. This act shall take effect immediately. PART F Section 1. Short title. This article shall be known and cited as the "new homes targets and fast-track approval act". S. 4006--A 40 A. 3006--A § 2. Article 20 of the general municipal law is renumbered to be arti- cle 21, sections 1000 and 1001 are renumbered to be sections 1020 and 1021, and a new article 20 is added to read as follows: ARTICLE 20 NEW HOMES TARGETS AND FAST TRACK APPROVAL SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. 1001. DEFINITIONS. 1002. APPLICABILITY. 1003. SAFE HARBOR. 1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL PROCESS. 1005. HOUSING REVIEW BOARD. 1006. LAND USE APPEALS BEFORE THE SUPREME COURT. § 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES THAT: 1. THE LACK OF HOUSING, ESPECIALLY AFFORDABLE AND SUPPORTIVE HOUSING, IS A CRITICAL PROBLEM THAT THREATENS THE ECONOMIC, ENVIRONMENTAL, AND SOCIAL QUALITY OF LIFE THROUGHOUT NEW YORK STATE AND DISPROPORTIONATELY BURDENS VARIOUS VULNERABLE POPULATIONS THAT DISPROPORTIONATELY NEED MORE AFFORDABLE HOUSING OPTIONS INCLUDING, BUT NOT LIMITED TO, LOW- AND MODERATE-INCOME, RACIAL AND ETHNIC MINORITY, AND ELDERLY HOUSEHOLDS. 2. HOUSING IN THE STATE OF NEW YORK IS AMONG THE MOST EXPENSIVE IN THE NATION. THE EXCESSIVE COST OF THE STATE'S HOUSING SUPPLY IS PARTIALLY CAUSED BY A LACK OF NEW HOUSING PRODUCTION DUE TO THE PREVALENCE OF LOCAL GOVERNMENTAL LAND USE POLICIES THAT LIMIT THE OPPORTUNITIES FOR AND PLACE PROCEDURAL IMPEDIMENTS ON THE APPROVAL OF HOUSING DEVELOPMENTS AND THEREBY INCREASE DEVELOPMENT COSTS AND RESTRICT THE HOUSING SUPPLY. 3. LOCAL GOVERNMENTAL LIMITATIONS ON AND BARRIERS TO HOUSING DEVELOP- MENT ARE ESPECIALLY COMMON FOR MULTI-FAMILY HOUSING DEVELOPMENT, WHICH CONSTRAINS THE SUPPLY OF AFFORDABLE AND SUPPORTIVE HOUSING THAT OFTEN REQUIRE MULTI-FAMILY DEVELOPMENT TO BE ECONOMICALLY FEASIBLE. 4. AMONG THE CONSEQUENCES OF THE PREVALENCE OF LOCAL RESTRICTIONS ON HOUSING DEVELOPMENT ARE THE LACK OF HOUSING TO SUPPORT EMPLOYMENT GROWTH; IMBALANCE IN NUMBER OF JOBS AND HOUSING SUPPLY, WITH THE FORMER OUTSTRIPPING THE LATTER; SPRAWL; EXCESSIVE COMMUTING; AND THE POTENTIAL FOR DISCRIMINATION AGAINST LOW-INCOME AND MINORITY HOUSEHOLDS WHO DISPROPORTIONATELY REQUIRE AFFORDABLE HOUSING OPPORTUNITIES. 5. MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL POLICIES AND ACTIONS THAT HAVE THE EFFECT OF STAGNATING OR REDUCING THE SUPPLY OF HOUSING, INCLUDING AFFORDABLE AND SUPPORTIVE HOUSING, OR HOW SUCH POLICIES AND ACTIONS THEREBY PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. 6. ADDITIONALLY, MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL POLICIES AND ACTIONS THAT RESULT IN DISAPPROVALS OR INHI- BITION OF PROPOSALS FOR HOUSING DEVELOPMENT PROJECTS THAT WOULD BENEFIT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE; A REDUCTION IN DENSITY OF SUCH HOUSING PROJECTS; AND CREATION OF EXCESSIVE LAND USE AND OTHER BARRIERS FOR SUCH HOUSING DEVELOPMENTS TO BE BUILT. 7. LEGISLATION IS NECESSARY TO FORESTALL RESTRICTIVE LAND USE PRAC- TICES THAT INHIBIT AND LIMIT HOUSING DEVELOPMENT, AND TO FORESTALL UNDUE LOCAL DISAPPROVALS OF HOUSING DEVELOPMENT PROJECTS, ESPECIALLY AFFORDA- S. 4006--A 41 A. 3006--A BLE AND SUPPORTIVE HOUSING, GIVEN THAT SUCH PRACTICES AND DISAPPROVALS PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. 8. THE STATE OF NEW YORK MUST ENSURE THAT LOCAL GOVERNMENTS GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRON- MENTAL, AND SOCIAL COSTS OF LAND USE ZONING AND PLANNING POLICIES AND ACTIONS, AS WELL AS THE DENIAL OF APPLICATIONS TO BUILD NEW HOUSING, WHICH COLLECTIVELY AND INDIVIDUALLY MAY RESULT IN A DEARTH OF APPROPRI- ATE HOUSING TO MEET THE NEEDS OF ALL RESIDENTS IN THE COMMUNITY OR REGION. 9. IN FURTHERANCE OF OVERALL HOUSING PRODUCTION GOALS AND TO PROMOTE THE GREATEST EFFICIENCY AND COORDINATED DEVELOPMENT EFFORTS OF LOCALI- TIES WITHIN THE STATE, IT IS BOTH A MATTER OF STATE CONCERN AND THE POLICY OF THE STATE THAT LOCAL GOVERNMENTS ADDRESS THEIR LAND USE POLI- CIES, PRACTICES, AND DECISIONS THAT MAKE HOUSING DEVELOPMENTS, AND ESPE- CIALLY MULTI-FAMILY, AFFORDABLE, AND SUPPORTIVE HOUSING DEVELOPMENTS, IMPOSSIBLE OR INFEASIBLE. 10. TO FURTHER ADDRESS THE SHORTAGE OF AFFORDABLE AND SUPPORTIVE HOUS- ING IN NEW YORK AND ENCOURAGE REDUCTION OF LAND USE RESTRICTIONS AND THE PRODUCTION OF MUCH NEEDED HOUSING, THIS ARTICLE CREATES AN IMPARTIAL FORUM AND A PROCESS FOR SPECIALLY DESIGNATING JUDGES TO RESOLVE CONFLICTS ARISING FROM LOCAL DECISIONS ON THE DEVELOPMENT OF AFFORDABLE AND SUPPORTIVE HOUSING. 11. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION, THE PROVISIONS OF THIS ACT ARE NECESSARY AND DESIGNED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF NEW YORK STATE. § 1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES OF THIS ARTICLE: 1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED RESIDENTIAL DWELLING UNIT THAT PROVIDES HOUSING FOR ONE OR MORE PERSONS WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING PRIMARY RESIDEN- TIAL DWELLING UNIT AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE PRIMARY SINGLE-FAMILY OR MULTI-FAMILY DWELLING. 2. "AFFORDABLE HOUSING" SHALL MEAN ANY INCOME RESTRICTED HOUSING, WHETHER INTENDED FOR RENTAL OR HOMEOWNERSHIP, THAT IS SUBJECT TO A REGU- LATORY AGREEMENT WITH A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY. 3. "APPLICATION" SHALL MEAN AN APPLICATION FOR A BUILDING PERMIT, VARIANCE, WAIVER, CONDITIONAL USE PERMIT, SPECIAL PERMIT, ZONING TEXT AMENDMENT, ZONING MAP AMENDMENT, AMENDMENT TO ZONING DISTRICTS, CERTIF- ICATION, AUTHORIZATION, SITE PLAN APPROVAL, SUBDIVISION APPROVAL, OR OTHER DISCRETIONARY LAND USE DETERMINATION BY A LEAD AGENCY EQUIVALENT. 4. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. 5. "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDEN- TIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, RESIDENTIAL DWELLING UNIT SIZES, OR RESIDENTIAL DWELLING UNIT COUNTS PROPOSED BY THE OWNER. 6. "HOUSING REVIEW BOARD" SHALL MEAN THE HOUSING REVIEW BOARD ESTAB- LISHED PURSUANT TO THIS ARTICLE. 7. "LAND USE ACTION" SHALL MEAN ANY ENACTMENT OF OR AMENDMENT TO A PROVISION OF A ZONING LOCAL LAW, ORDINANCE, RESOLUTION, POLICY, PROGRAM, S. 4006--A 42 A. 3006--A PROCEDURE, COMPREHENSIVE PLAN, SITE PLAN, SUBDIVISION PLAN, CRITERIA, RULE, REGULATION, OR REQUIREMENT OF A LOCAL AGENCY. 8. "LAND USE REQUIREMENTS" SHALL MEAN ANY AND ALL LOCAL LAWS, ORDI- NANCES, RESOLUTIONS, OR REGULATIONS, THAT SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMIT- ED TO A LOCALITY'S: A. WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; B. ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; C. SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; D. SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; E. SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGU- LATIONS; AND F. POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER REGULATO- RY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND, OR THE INTENSITY OF SUCH DEVELOPMENT. 9. "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY LEGISLATIVE BODY OF A LOCALITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVI- SION, PLANNING COMMISSION, BOARD OF STANDARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD OR OTHER ENTITY RELATED TO A LOCALITY WITH THE AUTHOR- ITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LAND USE REQUIREMENTS AS DEFINED IN THIS ARTICLE. 10. "LOCALITY" SHALL REFER TO ALL CITIES, TOWNS, OR VILLAGES THAT REGULATE LAND USE PURSUANT TO THE GENERAL CITY LAW, THE TOWN LAW, THE VILLAGE LAW, OR OTHER STATE LAW, AS APPLICABLE. PROVIDED FURTHER THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, "LOCALITY" SHALL REFER TO A COMMUNITY DISTRICT AS DEFINED BY CHAPTER SIXTY-NINE OF THE CHARTER OF THE CITY OF NEW YORK. PROVIDED FURTHER THAT "LOCALITY" SHALL REFER TO ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY, WHERE SUCH COUNTY REGULATES OR OTHERWISE HAS APPROVAL AUTHORITY OVER LAND USE REQUIREMENTS. 11. "METROPOLITAN TRANSPORTATION COMMUTER DISTRICT" SHALL REFER TO THE COUNTIES OF THE BRONX, KINGS (BROOKLYN), NEW YORK, RICHMOND (STATEN ISLAND), QUEENS, WESTCHESTER, ORANGE, PUTNAM, DUTCHESS, ROCKLAND, NASSAU, AND SUFFOLK. 12. "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A RESIDENTIAL LAND USE APPLICATION. 13. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A 100-YEAR FLOODPLAIN OR WAS NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES AS OF THE EFFECTIVE DATE OF THIS ARTICLE. 14. "QUALIFYING PROJECT" SHALL REFER TO AN APPLICATION THAT IS FOR AT LEAST TEN DWELLING UNITS IN LOCALITIES NOT LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT OR AT LEAST TWENTY DWELLING UNITS IN LOCALITIES LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT AND AT LEAST TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO HOUSEHOLDS AT OR BELOW FIFTY PERCENT OF THE AREA MEDIAN INCOME OR SUPPORTIVE DWELLING UNITS, OR AT LEAST TWENTY-FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO S. 4006--A 43 A. 3006--A HOUSEHOLDS AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OR SUPPORTIVE DWELLING UNITS. 15. "RESIDENTIAL DWELLING UNIT" SHALL MEAN ANY BUILDING OR STRUCTURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. 16. "SAFE HARBOR" SHALL MEAN THAT A LOCALITY'S DENIALS OF APPLICATIONS ARE NOT SUBJECT TO APPEAL PURSUANT TO SECTION ONE THOUSAND FOUR, ONE THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE FOR A THREE-YEAR CYCLE AS SET FORTH IN SECTION ONE THOUSAND THREE OF THIS ARTICLE. 17. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL DWELLING UNITS WITH SUPPORTIVE SERVICES FOR TENANTS. 18. "THREE-YEAR CYCLE" SHALL MEAN A TERM OF THREE CALENDAR YEARS WITH THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, AND EACH CYCLE COMMENCING THREE CALENDAR YEARS THEREAFTER. § 1002. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL LOCALITIES AS DEFINED IN SUBDIVISION TEN OF SECTION ONE THOUSAND ONE OF THIS ARTICLE. § 1003. SAFE HARBOR. 1. DETERMINATIONS. A. THE DIVISION, USING THE INFORMATION SUBMITTED PURSUANT TO THIS SECTION, MAY MAKE AND PUBLISH A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR AS A RESULT OF SUCH LOCALITY ACHIEVING ITS GROWTH TARGETS, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION. SUCH DETERMINATION MAY ONLY BE REVIEWED BY A COURT OR THE HOUSING REVIEW BOARD AS PART OF AN APPEAL OF A DENIAL OF A SPECIFIC QUALIFYING PROJECT. B. SAFE HARBOR, AS DEFINED IN SECTION ONE THOUSAND ONE OF THIS ARTI- CLE, SHALL BE GRANTED TO LOCALITIES BASED UPON A THREE-YEAR CYCLE WITH THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, PROVIDED FURTHER THAT ALL LOCALITIES SHALL BE DEEMED IN SAFE HARBOR FOR THE DURATION OF THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND TERMINATING AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (I) A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY SATISFACTORILY ENACTS AT LEAST TWO PREFERRED ACTIONS, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION. EXCEPT AS OTHERWISE SET FORTH IN THIS ARTICLE, ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN SAFE HARBOR BASED ON THE ENACTMENT OF PREFERRED ACTIONS, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, SHALL BE IN EFFECT FROM THE EFFECTIVE DATE OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT IS CURRENT ON THE DATE ON WHICH SUCH DETERMINATION IS ISSUED, PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETHER SAFE HARBOR SHOULD APPLY BASED ON THE LOCALITY'S ENACTMENT OF SUCH PREFERRED ACTIONS SHALL BE BASED ON SUCH PREFERRED ACTIONS ENACTED DURING THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMI- NATION WAS ISSUED. IN THE EVENT THAT A LOCALITY RESCINDS ANY SUCH PREFERRED ACTION THAT CONTRIBUTED TO A LOCALITY BEING DETERMINED TO BE IN SAFE HARBOR WITHIN TEN YEARS OF SUCH PREFERRED ACTION'S ENACTMENT, SUCH LOCALITY SHALL BE INELIGIBLE FOR SAFE HARBOR FOR TEN YEARS, START- ING ON THE DATE SUCH LOCALITY WAS INITIALLY DEEMED TO BE IN SAFE HARBOR AS A RESULT OF SUCH RESCINDED PREFERRED ACTION. (II) A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. EXCEPT AS OTHERWISE SET FORTH IN THIS ARTICLE, ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN SAFE HARBOR BASED ON THE LOCALITY MEETING OR EXCEEDING THEIR GROWTH TARGETS SET S. 4006--A 44 A. 3006--A FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL BE IN EFFECT FROM THE EFFECTIVE DATE OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT WAS CURRENT AT THE TIME SUCH DETERMINATION WAS ISSUED BY THE DIVISION; PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETH- ER SAFE HARBOR SHOULD APPLY SHALL BE BASED ON THE LOCALITY MEETING OR EXCEEDING THEIR GROWTH TARGETS IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMINATION WAS ISSUED. (III) A LOCALITY SHALL BE DETERMINED TO BE IN SAFE HARBOR FOR THE THREE-YEAR CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, IF, FROM A PERIOD BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, SUCH LOCALITY MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 2. LOCAL REPORTING REQUIREMENTS. EACH LOCALITY SUBJECT TO THIS ARTICLE SHALL SUBMIT HOUSING PRODUCTION INFORMATION TO THE DIVISION. SUCH INFOR- MATION SHALL BE SUBMITTED PURSUANT TO THE DEADLINES SET FORTH BY SECTION TWENTY-A OF THE PUBLIC HOUSING LAW AND SHALL CONTAIN THE INFORMATION PRESCRIBED IN SUCH SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY FAILURE OF A LOCALITY TO PROVIDE SUCH INFORMATION PURSUANT TO THIS SUBDIVISION TO THE DIVISION SHALL RESULT IN THE LOCALITY BEING DEEMED INELIGIBLE FOR SAFE HARBOR UNTIL SUCH TIME AS THE INFORMATION IS PROPERLY SUBMITTED. 3. GROWTH TARGETS. A. A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY LOCATED OUTSIDE OF THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING UNITS IN AN AMOUNT EQUAL TO ONE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS. B. A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY LOCATED INSIDE OF THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING UNITS IN AN AMOUNT EQUAL TO THREE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXIST- ING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS. C. SUBJECT TO PARAGRAPH D OF THIS SUBDIVISION, THE NUMBER OF ELIGIBLE RESIDENTIAL DWELLING UNITS SHALL BE CALCULATED USING THE FOLLOWING FORMULA: (I) A PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS ONE ELIGIBLE RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW RESI- DENTIAL DWELLING UNIT THAT IS INCOME RESTRICTED TO HOUSEHOLDS EARNING NO MORE THAN AN AMOUNT THAT IS DETERMINED PURSUANT TO A REGULATORY AGREE- MENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY SHALL BE COUNT- ED AS TWO ELIGIBLE RESIDENTIAL DWELLING UNITS; AND (II) EVERY PERMITTED RESIDENTIAL DWELLING UNIT THAT BECAME SUITABLE FOR OCCUPANCY AND THAT PREVIOUSLY HAD BEEN DEEMED ABANDONED PURSUANT TO ARTICLE NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL BE COUNTED AS ONE AND ONE-HALF ELIGIBLE RESIDENTIAL DWELLING UNITS. FOR THE PURPOSES OF THIS SUBDIVISION, A PROJECT SHALL BE CONSIDERED TO BE PERMITTED IF IT HAS RECEIVED ALL NECESSARY LOCAL AUTHORIZATIONS REQUIRED PRIOR TO REQUESTING A BUILDING PERMIT. D. THE FOLLOWING PERMITTED RESIDENTIAL DWELLING UNITS SHALL NOT BE COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS: S. 4006--A 45 A. 3006--A (I) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWELVE MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE COMMENCEMENT OF CONSTRUCTION; AND (II) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWENTY- FOUR MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY. E. IN THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS NOT COUNTED AS AN ELIGIBLE RESIDENTIAL UNIT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI- SION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED AS AN ELIGIBLE RESI- DENTIAL DWELLING UNIT WHEN THE CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY IS ISSUED FOR SUCH RESIDENTIAL DWELLING UNIT. PROVIDED, FURTHER, THAT IN NO EVENT SHALL AN ELIGIBLE RESIDENTIAL DWELL- ING UNIT BE COUNTED TOWARDS A LOCALITY'S GROWTH TARGET IN MORE THAN ONE THREE-YEAR CYCLE. 4. PREFERRED ACTIONS. A. ACCESSORY DWELLING UNITS. IT SHALL BE CONSID- ERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALI- TY. (I) DEFINITIONS. FOR THE PURPOSES OF THIS PARAGRAPH: A. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE. B. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS. C. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING. (II) A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE CREATION OF ACCESSORY DWELLING UNITS. SUCH LOCAL LAW SHALL: A. DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT WHERE ACCESSORY DWELLING UNITS SHALL BE PERMITTED. DESIGNATED AREAS SHALL INCLUDE ALL AREAS THAT PERMIT SINGLE-FAMILY OR MULTI-FAMILY RESI- DENTIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE; B. AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER LOT; C. PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS; AND D. REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING: (1) SUCH ACCESSORY DWELLING UNIT MAY BE RENTED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT, BUT SHALL NOT BE SOLD OR OTHERWISE CONVEYED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT; (2) SUCH ACCESSORY DWELLING UNIT SHALL BE LOCATED ON A LOT THAT INCLUDES A PROPOSED DWELLING OR EXISTING RESIDENTIAL DWELLING UNIT; (3) SUCH ACCESSORY DWELLING UNIT SHALL NOT BE RENTED FOR A TERM OF LESS THAN THIRTY DAYS; AND (4) IF THERE IS AN EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, THE TOTAL FLOOR AREA OF AN ACCESSORY DWELLING UNIT SHALL NOT EXCEED FIFTY PERCENT OF THE EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, UNLESS SUCH S. 4006--A 46 A. 3006--A LIMIT WOULD PREVENT THE CREATION OF AN ACCESSORY DWELLING UNIT THAT IS NO GREATER THAN SIX HUNDRED SQUARE FEET. (III) A LOCAL GOVERNMENT SHALL NOT ESTABLISH BY LOCAL LAW ANY OF THE FOLLOWING: A. IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT GREAT- ER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A POPU- LATION OF LESS THAN ONE MILLION, A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED FIFTY SQUARE FEET; B. A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET; C. ANY OTHER MINIMUM OR MAXIMUM SIZE FOR OR OTHER LIMITS ON AN ACCES- SORY DWELLING UNIT THAT DOES NOT PERMIT AT LEAST AN EIGHT HUNDRED SQUARE FOOT ACCESSORY DWELLING UNIT WITH FOUR-FOOT SIDE AND REAR YARD SETBACKS TO BE CONSTRUCTED IN COMPLIANCE WITH OTHER LOCAL STANDARDS, INCLUDING ANY SUCH MINIMUM OR MAXIMUM SIZE BASED UPON A PERCENTAGE OF THE PROPOSED DWELLING OR EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, OR ANY SUCH OTHER LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE, AND MINIMUM LOT SIZE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A LOCAL GOVERNMENT MAY PROVIDE, WHERE A LOT CONTAINS AN EXISTING RESIDENTIAL DWELLING UNIT, THAT AN ACCESSORY DWELLING UNIT LOCATED WITHIN AND/OR ATTACHED TO THE PRIMARY RESIDENTIAL DWELLING UNIT SHALL NOT EXCEED THE BUILDABLE ENVELOPE FOR THE EXISTING RESIDENTIAL DWELLING UNIT, AND THAT AN ACCESSORY DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENTIAL DWELLING UNIT SHALL BE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE, IF SUCH STRUCTURE EXISTS; D. A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY; E. ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC- TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY; F. ANY SETBACK FOR AN EXISTING RESIDENTIAL DWELLING UNIT OR ACCESSORY STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCES- SORY DWELLING UNIT OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY SETBACK OF MORE THAN FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE OR A NEW STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE; OR G. ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT ARE NOT NECESSARY TO PROTECT HEALTH AND SAFETY. NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO PREVENT A LOCAL GOVERNMENT FROM REQUIR- ING THAT ACCESSORY DWELLING UNITS ARE, WHERE APPLICABLE, SUPPORTED BY SEPTIC CAPACITY NECESSARY TO MEET STATE HEALTH, SAFETY AND SANITARY STANDARDS, THAT THE CREATION OF SUCH ACCESSORY DWELLING UNITS COMPORTS WITH FLOOD RESILIENCY POLICIES OR EFFORTS, AND THAT SUCH ACCESSORY DWELLING UNITS ARE CONSISTENT WITH THE PROTECTION OF WETLANDS AND WATERSHEDS. (IV) NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING UNIT; PROVIDED, HOWEVER, THAT WHERE NO ADJACENT PUBLIC STREET PERMITS YEAR-ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER THAN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION, A LOCAL GOVERN- MENT MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT. S. 4006--A 47 A. 3006--A (V) A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPAC- ES BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS DEMOLISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT OR CONVERTED TO AN ACCESSORY DWELLING UNIT. (VI) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR REGU- LATIONS, A PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN CONFORMANCE WITH A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL BE CONSIDERED MINISTERIALLY, WITHOUT DISCRETIONARY REVIEW OR A HEARING. IF THERE IS AN EXISTING SINGLE-FAMILY OR MULTI-FAMILY RESIDENTIAL DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT SHALL ACT ON THE APPLI- CATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY DAYS FROM THE DATE THE LOCAL AGENCY RECEIVES A COMPLETED APPLICATION OR, IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, WITHIN SIXTY DAYS. IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IS SUBMITTED WITH A PERMIT APPLICATION TO CREATE A NEW PRIMARY RESIDENTIAL DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT MAY DELAY ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING UNIT UNTIL THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO CREATE THE NEW PRIMARY RESIDENTIAL DWELLING UNIT, BUT THE APPLICATION TO CREATE THE ACCESSORY DWELLING UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY REVIEW OR HEARING. IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD FOR REVIEW SHALL BE TOLLED FOR THE PERIOD OF THE DELAY. SUCH REVIEW SHALL INCLUDE ALL NECESSARY PERMITS AND APPROVALS INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL NOT REQUIRE AN ADDITIONAL OR AMENDED CERTIFICATE OF OCCUPANCY IN CONNECTION WITH AN ACCESSORY DWELLING UNIT. A LOCAL GOVERNMENT MAY CHARGE A FEE NOT TO EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE REIMBURSEMENT OF THE ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO THE LOCAL LAW ENACTED PURSUANT TO THIS PARAGRAPH. (VII) LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROC- ESS TO A LOCAL AGENCY FOR APPLICATIONS TO CREATE ACCESSORY DWELLING UNITS. THE JURISDICTION OF THE LOCAL AGENCY TO DECIDE SUCH APPEALS SHALL BE LIMITED TO REVIEWING ANY ORDER, REQUIREMENT, DECISION, INTERPRETA- TION, OR DETERMINATION ISSUED UNDER THE LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH AND DECIDING THE MATTER FROM WHICH ANY SUCH APPEAL WAS TAKEN. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH IS DENIED, THE LOCAL AGENCY THAT DENIED THE PERMIT SHALL ISSUE A NOTICE OF DENIAL WHICH SHALL CONTAIN THE REASON OR REASONS SUCH PERMIT APPLICATION WAS DENIED AND INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH DENIAL. SUCH NOTICE SHALL BE MADE PART OF THE RECORD OF APPEALS. ALL APPEALS SHALL BE SUBMITTED TO THE LOCAL AGENCY AUTHORIZED BY THE GOVERNING BODY OF THE LOCAL GOVERNMENT TO DECIDE SUCH APPEALS, IN WRITING WITHIN THIRTY DAYS OF ANY ORDER, REQUIREMENT, DECISION, INTERPRETATION, OR DETERMINATION RELATED TO THE CREATION OF ACCESSORY DWELLING UNITS. (VIII) NO OTHER LOCAL LAW, ORDINANCE, POLICY, OR REGULATION SHALL BE THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS PARAGRAPH EXCEPT TO THE EXTENT NECESSARY TO PROTECT HEALTH AND SAFETY AND PROVIDED SUCH LAW, POLICY, OR REGULATION IS CONSISTENT WITH THE REQUIREMENTS OF THIS PARAGRAPH. (IX) A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINIS- TERIAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY DWELLING UNIT, THE CORRECTION OF NONCONFORMING ZONING CONDITIONS, NONCOMPLYING ZONING CONDITIONS, OR OTHER MINOR VIOLATIONS OF ANY LOCAL LAW. S. 4006--A 48 A. 3006--A (X) WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI- TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL- ITY, THE CONNECTION MAY BE SUBJECT TO A CONNECTION FEE OR CAPACITY CHARGE THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED ACCES- SORY DWELLING UNIT, BASED UPON EITHER ITS SIZE OR THE NUMBER OF ITS PLUMBING FIXTURES UPON THE WATER OR SEWER SYSTEM. SUCH FEE OR CHARGE SHALL NOT EXCEED THE REASONABLE COST OF PROVIDING SUCH UTILITY CONNECTION. A LOCAL GOVERNMENT SHALL NOT IMPOSE ANY OTHER FEE IN CONNECTION WITH AN ACCESSORY DWELLING UNIT. (XI) A PROPERTY OWNER WHO IS DENIED A PERMIT BY A LOCAL GOVERNMENT IN VIOLATION OF THIS PARAGRAPH SHALL HAVE A PRIVATE CAUSE OF ACTION IN A COURT OF COMPETENT JURISDICTION. (XII) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. B. LOT SPLITS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSU- ANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE A CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHER- EIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUN- TY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, RULE OR REGULATION, A LEAD AGENCY EQUIVALENT SHALL MINISTERIALLY APPROVE, AS SET FORTH BY THE LOCAL LAW ADOPTED TO ESTABLISH A PREFERRED ACTION IN ACCORDANCE WITH THIS PARAGRAPH, A LOT TO BE SPLIT IF THE LEAD AGENCY EQUIVALENT DETERMINES THAT THE LOT MEETS ALL OF THE FOLLOWING REQUIRE- MENTS: A. THE LOT TO BE SPLIT CREATES NO MORE THAN TWO NEW LOTS OF APPROXI- MATELY EQUAL LOT AREA, PROVIDED THAT ONE LOT SHALL NOT BE SMALLER THAN FORTY PERCENT OF THE LOT AREA OF THE ORIGINAL LOT PROPOSED FOR THE SUBDIVISION; B. THE LOT TO BE SPLIT IS LOCATED IN AN AREA WHERE SINGLE-FAMILY RESI- DENTIAL USE IS PERMITTED; C. THE LOT WAS NOT CREATED FROM A PREVIOUS LOT SPLIT PERMITTED PURSU- ANT TO THE LOCAL LAW THAT WAS ENACTED PURSUANT TO THIS PARAGRAPH; AND D. THE PROPOSED LOT SPLIT WOULD NOT REQUIRE DEMOLITION OR ALTERATION OF ANY OF THE FOLLOWING TYPES OF HOUSING: (1) HOUSING THAT IS SUBJECT TO A RECORDED COVENANT, ORDINANCE, LAW OR REGULATORY AGREEMENT THAT RESTRICTS RENTS TO LEVELS AFFORDABLE TO PERSONS AND FAMILIES OF A SET INCOME; (2) HOUSING THAT IS SUBJECT TO THE EMERGENCY RENT STABILIZATION LAW OR THE EMERGENCY TENANT PROTECTION ACT; OR (3) HOUSING THAT IS LISTED ON THE STATE REGISTRY OF HISTORIC PLACES OR HAD AN APPLICATION PENDING TO BE LISTED ON SUCH REGISTRY AS OF THE EFFECTIVE DATE OF THIS ARTICLE. S. 4006--A 49 A. 3006--A (II) AN APPLICATION FOR A LOT SPLIT SHALL BE APPROVED IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: A. A LEAD AGENCY EQUIVALENT SHALL APPROVE OR DENY AN APPLICATION FOR A LOT SPLIT MINISTERIALLY WITHOUT DISCRETIONARY REVIEW. B. A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE DEDICATIONS OF RIGHTS- OF-WAY OR THE CONSTRUCTION OF OFFSITE IMPROVEMENTS FOR THE LOTS BEING CREATED AS A CONDITION OF APPROVING A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH. C. A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE LAND USE STANDARDS, ZONING STANDARDS, SUBDIVISION STANDARDS, DESIGN REVIEW STANDARDS, OR OTHER DEVELOPMENT STANDARDS THAT WOULD HAVE THE EFFECT OF PHYSICALLY PRECLUDING THE CONSTRUCTION OF TWO UNITS, ONE ON EACH OF THE RESULTING LOTS, OR THAT WOULD RESULT IN A UNIT SIZE OF LESS THAN EIGHT HUNDRED SQUARE FEET, PROVIDED FURTHER THAT NO SETBACK SHALL BE REQUIRED FOR AN EXISTING STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE. D. NOTWITHSTANDING CLAUSE C OF THIS SUBPARAGRAPH, A LEAD AGENCY EQUIV- ALENT MAY REQUIRE A SETBACK OF UP TO FOUR FEET FROM THE SIDE AND REAR LOT LINES. (III) A LEAD AGENCY EQUIVALENT MAY DENY A LOT SPLIT IF THE LEAD AGENCY EQUIVALENT MAKES A WRITTEN FINDING, BASED UPON A PREPONDERANCE OF THE EVIDENCE, THAT A PROPOSED RESIDENTIAL DWELLING UNIT ON ONE OF THE NEW LOTS WOULD HAVE A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH OR SAFETY FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE THE SPECIFIC ADVERSE IMPACT. (IV) A LEAD AGENCY EQUIVALENT MAY REQUIRE ANY OF THE FOLLOWING CONDI- TIONS WHEN CONSIDERING AN APPLICATION TO UNDERTAKE A LOT SPLIT: A. EASEMENTS REQUIRED FOR THE PROVISION OF PUBLIC SERVICES AND FACILI- TIES; B. A REQUIREMENT THAT THE LOTS HAVE ACCESS TO, PROVIDE ACCESS TO, OR ADJOIN THE PUBLIC RIGHT-OF-WAY; AND C. OFF-STREET PARKING OF UP TO ONE SPACE PER RESIDENTIAL DWELLING UNIT, EXCEPT THAT A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE PARKING REQUIREMENTS IN EITHER OF THE FOLLOWING INSTANCES: (1) WHERE YEAR-ROUND PARKING IS PERMITTED ON AN ADJACENT STREET; OR (2) WHERE THE SPLIT LOT IS WITHIN ONE-HALF MILE OF ACCESS TO PUBLIC TRANSPORTATION. (V) A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE OWNER OCCUPANCY REQUIRE- MENTS ON A LOT SPLIT AUTHORIZED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH. (VI) A LEAD AGENCY EQUIVALENT SHALL REQUIRE THAT A RENTAL OF ANY UNIT CREATED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH BE FOR A TERM LONGER THAN THIRTY DAYS. (VII) A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE, AS A CONDITION FOR MINISTERIAL APPROVAL OF A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH, CORRECTION OF NONCONFORMING OR NONCOMPLYING ZONING CONDITIONS. (VIII) A REQUEST FOR A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL NOT BE DENIED SOLELY BECAUSE IT PROPOSED ADJACENT OR CONNECTED STRUCTURES, PROVIDED THAT THE STRUCTURES MEET BUILDING CODE SAFETY STANDARDS AND ARE SUFFICIENT TO ALLOW SEPARATE CONVEYANCE. (IX) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT S. 4006--A 50 A. 3006--A LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW. C. REMOVE EXCLUSIONARY MEASURES. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) NO LOCALITY SHALL, AS PART OF ITS LAND USE LAWS, ORDINANCES, RULES OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ZONING LAWS, ORDINANCES, RULES OR REGULATIONS, SITE PLAN REVIEW LAWS, ORDINANCES, RULES OR REGU- LATIONS, SUBDIVISION LAWS, RULES OR REGULATIONS, OR COMPREHENSIVE PLAN- NING LAWS, RULES OR REGULATIONS, IMPOSE: A. MINIMUM LOT SIZE REQUIREMENTS FOR MIXED-USE OR RESIDENTIAL USES; B. HEIGHT LIMITS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILD- INGS; C. LOT COVERAGE RESTRICTIONS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILDINGS; OR D. PARKING MINIMUMS ON ANY SITE THAT EXCEED ONE PARKING SPACE PER RESIDENTIAL DWELLING UNIT, PROVIDED, FURTHER, THAT NO PARKING MINIMUMS MAY BE IMPOSED FOR ANY SITE THAT INCLUDES RESIDENTIAL DWELLING UNITS WHEN SUCH SITE IS LOCATED WITHIN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION. (II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW. D. SMART GROWTH REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIRE- MENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS, AS APPLICABLE, TO PERMIT THE S. 4006--A 51 A. 3006--A CONSTRUCTION OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE OVER AN AREA OR AREAS CONSISTING SOLELY OF PREVIOUSLY DISTURBED LAND THAT, IN THE AGGRE- GATE, ARE EQUAL TO ONE-THIRD OF THE PREVIOUSLY DISTURBED LAND MASS OF THE LOCALITY. (II) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM RESIDEN- TIAL DWELLING UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. (III) SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASON- ABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANTING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALK- ING DISTANCE OF THEIR RESIDENCES. (IV) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (V) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVI- RONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (VI) PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL: A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND B. BE LIMITED TO A REVIEW OF THE FOLLOWING: (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS. S. 4006--A 52 A. 3006--A E. ADAPTIVE REUSE REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGH- OUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS TO PERMIT THE CONSTRUCTION AND OCCUPANCY OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE IN AN AREA THAT, PRIOR TO SUCH AMENDMENT, PERMITTED ONLY COMMERCIAL USE. A. SUCH LAND USE ACTION MUST ENCOMPASS AN AREA OF AT LEAST ONE HUNDRED ACRES. B. SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. C. SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASONABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANT- ING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALKING DISTANCE OF THEIR RESIDENCES. (II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (III) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (IV) ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH APPLICABLE LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE BUILDABLE AS OF RIGHT, AND ANY PROJECT SPECIFIC REVIEW RELATING TO SUCH PROJECT SHALL: S. 4006--A 53 A. 3006--A A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND B. BE LIMITED TO A REVIEW OF THE FOLLOWING: (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS. § 1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL PROC- ESS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, WHEN A LOCALITY IS NOT IN SAFE HARBOR: 1. AN APPLICANT MAY PROPOSE A QUALIFYING PROJECT TO A LEAD AGENCY EQUIVALENT, REGARDLESS OF WHETHER THE QUALIFYING PROJECT COMPLIES WITH THE LAND USE REQUIREMENTS APPLICABLE TO THE SITE WHERE THE QUALIFYING PROJECT IS PROPOSED. NO LEAD AGENCY EQUIVALENT MAY REJECT A PROPOSED QUALIFYING PROJECT DUE TO SUCH PROJECT FAILING TO COMPLY WITH THE LAND USE REQUIREMENTS ON THE SITE WHERE THE QUALIFYING PROJECT IS PROPOSED, UNLESS SUCH QUALIFYING PROJECT IS NOT LOCATED ON PREVIOUSLY DISTURBED LAND. 2. THE LEAD AGENCY EQUIVALENT MUST APPROVE OR DENY THE APPLICATION FOR THE QUALIFYING PROJECT WITHIN ONE HUNDRED TWENTY DAYS IF THE PROPOSED QUALIFYING PROJECT CONTAINS AT LEAST TEN RESIDENTIAL DWELLING UNITS BUT LESS THAN ONE HUNDRED RESIDENTIAL DWELLING UNITS, AND WITHIN ONE HUNDRED EIGHTY DAYS IF THE PROPOSED QUALIFYING PROJECT CONTAINS ONE HUNDRED OR MORE RESIDENTIAL DWELLING UNITS. FAILURE TO APPROVE OR DENY AN APPLICA- TION WITHIN THE TIME PERIODS SPECIFIED IN THIS SUBDIVISION SHALL BE DEEMED TO BE A CONSTRUCTIVE DENIAL, PROVIDED FURTHER THAT THE IMPOSITION OF CONDITIONS ON THE PROJECT BY THE LEAD AGENCY EQUIVALENT THAT RENDER THE PROJECT ECONOMICALLY INFEASIBLE SHALL BE DEEMED TO BE A CONSTRUCTIVE DENIAL, AND SUBJECT TO APPEAL PURSUANT TO THIS SECTION, SECTION ONE THOUSAND FIVE OR SECTION ONE THOUSAND SIX OF THIS ARTICLE. 3. ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW, AND SHALL BE LIMITED TO A REVIEW OF THE FOLLOWING: A. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; B. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND C. THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHETIC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJECTIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER S. 4006--A 54 A. 3006--A AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH IN THIS ARTICLE. 4. ANY DENIAL OF AN APPLICATION MUST BE ACCOMPANIED BY THE SPECIFIC REASONS FOR THE DENIAL SET FORTH IN WRITING. 5. WHEN AN APPLICANT IS DENIED PERMISSION TO PROCEED WITH A QUALIFYING PROJECT, THE APPLICANT MAY FILE AN APPEAL OF THE DENIAL PURSUANT TO SECTION ONE THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE WITHIN SIXTY DAYS OF THE DENIAL. AN APPLICANT MAY ONLY FILE ONE SUCH APPEAL PER QUALIFYING PROJECT AND MAY ONLY FILE EITHER PURSUANT TO SECTION ONE THOUSAND FIVE OR ONE THOUSAND SIX. § 1005. HOUSING REVIEW BOARD. 1. STRUCTURE AND POWERS OF THE HOUSING REVIEW BOARD. A. THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A HOUSING REVIEW BOARD, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. B. THE HOUSING REVIEW BOARD SHALL CONSIST OF FIVE MEMBERS. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE BOARD MEMBERS SHALL SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACANCIES ON THE BOARD SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD BY THE OFFICIAL WHO APPOINTED THE BOARD MEMBER WHOSE ABSENCE HAS CAUSED THE VACANCY. C. THE HOUSING REVIEW BOARD SHALL HAVE THE POWER AND DUTIES TO CONDUCT HEARINGS, TAKE OATHS, ISSUE ORDERS, AND OTHERWISE PERFORM ANY FUNCTION NECESSARY TO OPERATE IN CONFORMITY WITH THE PROVISIONS OF THIS ARTICLE. THE POWERS OF THE HOUSING REVIEW BOARD SHALL INCLUDE, BUT NOT BE LIMITED TO, THE POWERS GRANTED TO THE COMMISSIONER OF HOUSING BY SUBDIVISION ONE OF SECTION FOURTEEN OF THE PUBLIC HOUSING LAW, AND THE STATUTES, RULES, REGULATIONS AND OTHER DOCUMENTS GOVERNING THE ADMINISTRATION OF HOUSING BY THE DIVISION OF HOMES AND COMMUNITY RENEWAL. D. THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE AND STAFF SUPPORT, INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE LAW JUDGES, TO THE HOUSING REVIEW BOARD NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE. E. IF THE DIVISION DETERMINES THAT A LOCALITY DOES OR DOES NOT QUALIFY FOR SAFE HARBOR, THE HOUSING REVIEW BOARD, OR ANY COURT HEARING AN APPEAL RELATED TO SUCH LOCALITY SHALL TAKE JUDICIAL NOTICE OF THE DIVI- SION'S DETERMINATION. IF THE DIVISION HAS NOT ISSUED A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, AND SUCH A DETERMINATION IS NECESSARY TO ADJUDICATE AN APPEAL BEFORE THE HOUSING REVIEW BOARD OR A COURT, SUCH HOUSING REVIEW BOARD OR COURT MAY MAKE SUCH A DETERMINATION THAT APPLIES ONLY TO THE APPLICATION PENDING BEFORE THE HOUSING REVIEW BOARD OR THE COURT, PROVIDED FURTHER, HOWEVER, THAT IF THE HOUSING REVIEW BOARD OR A COURT MAKES A DETERMINATION THAT A LOCALITY IS IN SAFE HARBOR AS A RESULT OF THE LOCALITY ENACTING PREFERRED ACTIONS PURSUANT TO SUBDIVISION FOUR OF SECTION ONE THOUSAND THREE OF THIS ARTICLE, SUCH DETERMINATION SHALL BE APPLIED TO FUTURE PROCEEDINGS PURSUANT TO THIS SECTION AND SECTION ONE THOUSAND SIX OF THIS ARTICLE FOR THE REMAINDER OF THE THREE-YEAR CYCLE FOR WHICH SUCH DETERMINATION WAS MADE. THE DIVISION, AT ITS DISCRETION, MAY TAKE NOTICE OF SUCH DETERMINATION AND THE FACTS UNDERLYING SUCH DETERMINATION, AND S. 4006--A 55 A. 3006--A ISSUE ITS OWN DETERMINATION AS TO THE APPLICATION OF SAFE HARBOR THAT WOULD BE APPLIED TO ALL FURTHER APPEALS RELATING TO SUCH LOCALITY FOR THE DURATION THAT SAFE HARBOR APPLIES. 2. APPEALS BEFORE THE HOUSING REVIEW BOARD. A. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELAT- ING TO A QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH DENIAL TO THE HOUSING REVIEW BOARD WITHIN SIXTY DAYS OF THE ISSUANCE OF THE DENIAL. B. IF AN APPEAL IS BROUGHT BEFORE THE HOUSING REVIEW BOARD AND THE DIVISION HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL DETERMINE AS A THRESH- OLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR. C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV- ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE. D. IN ISSUING A DETERMINATION, THE HOUSING REVIEW BOARD MAY: (I) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL TO THE APPLICANT; (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF THE APPLICATION; OR (III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT. THE HOUSING REVIEW BOARD MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS. E. IN CONSIDERING THE DENIAL OF AN APPLICATION, THE HOUSING REVIEW BOARD MAY ONLY CONSIDER THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED. F. ONCE A DETERMINATION HAS BEEN ISSUED BY THE HOUSING REVIEW BOARD, SUCH DETERMINATION MAY BE APPEALED WITHIN SIXTY DAYS TO AN ADMINISTRA- TIVE LAW JUDGE DESIGNATED TO HEAR SUCH MATTERS. ANY DETERMINATION ISSUED BY AN ADMINISTRATIVE LAW JUDGE SHALL BE CONSIDERED TO BE A FINAL AGENCY DETERMINATION AND MAY BE APPEALED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. 3. BURDEN OF PROOF BEFORE THE HOUSING REVIEW BOARD. A. (I) DURING A PROCEEDING BEFORE THE HOUSING REVIEW BOARD, THE LOCALITY WHICH DENIED THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE BURDEN OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE, THAT THE PERMIT WAS PROPERLY DENIED PURSUANT TO ONE OR MORE OF THE REASONS SET FORTH IN SUBDIVISION THREE OF SECTION ONE THOUSAND FOUR OF THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT. (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO SUBDIVISION THREE OF SECTION ONE THOUSAND THREE OF THIS ARTICLE, CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED, COMBINED WITH THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE- S. 4006--A 56 A. 3006--A YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER THAT ELIGI- BLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED OR BUILT. SUCH DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH AS TEMPORARY OR FINAL CERTIFICATES OF OCCUPANCY FOR THE HOUSING. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS THE APPLICANT SUCCESSFULLY REBUTS THE EVIDENCE OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN EFFECT AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETER- MINATION IS MADE. B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY. C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES SHALL TAKE NOTICE OF SUCH DETERMINATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDI- VISION ONE OF THIS SECTION, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE APPLICATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED. 4. COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN- MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE. § 1006. LAND USE APPEALS BEFORE THE SUPREME COURT. 1. JUDGES OF THE SUPREME COURT THAT ARE SPECIALLY DESIGNATED AS LAND USE JUDGES BY THE CHIEF ADMINISTRATOR OF THE COURTS SHALL HEAR LAND USE APPEALS. SUCH JUDGES SHALL BE SELECTED FROM A LIST OF QUALIFIED CANDIDATES AS CREATED BY THE LAND USE ADVISORY COUNCIL. ONLY SUCH LAND USE JUDGES SHALL BE EMPOWERED TO ADJUDICATE LAND USE APPEALS PURSUANT TO THIS SECTION ARIS- ING ANYWHERE IN THE STATE OF NEW YORK, REGARDLESS OF WHAT COUNTY THE JUDGE SERVES IN OVER THE COURSE OF THEIR NORMAL DUTIES. 2. THERE SHALL BE ESTABLISHED A LAND USE ADVISORY COUNCIL. A. THE LAND USE ADVISORY COUNCIL SHALL BE COMPOSED OF FIVE MEMBERS. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE MEMBERS SHALL SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACAN- CIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD BY THE OFFICIAL WHO APPOINTED THE MEMBER WHOSE ABSENCE HAS CAUSED THE VACANCY. B. THE LAND USE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES A YEAR, AND ON SUCH ADDITIONAL OCCASIONS AS THEY MAY REQUIRE OR AS MAY BE REQUIRED BY THE ADMINISTRATIVE JUDGE. MEMBERS SHALL RECEIVE NO COMPEN- SATION. C. THE LAND USE ADVISORY COUNCIL SHALL PUBLISH A LIST OF SUPREME COURT JUDGES QUALIFIED TO HEAR LAND USE APPEALS BASED ON TRAINING, EXPERIENCE AND JUDICIAL TEMPERAMENT. 3. APPEALS BEFORE A LAND USE JUDGE. A. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELATED TO A S. 4006--A 57 A. 3006--A QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH DENIAL BEFORE A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION IN SUPREME COURT. THE APPLICANT SHALL CHOOSE THE FORUM IN WHICH TO FILE THE APPEAL. B. IF AN APPEAL IS BROUGHT BEFORE SUCH LAND USE JUDGE AND THE DIVISION HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY IS IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL DETERMINE AS A THRESHOLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE. C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV- ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE. D. IN ISSUING A DETERMINATION, SUCH LAND USE JUDGE MAY: (I) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL TO THE APPLICANT; (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF THE APPLICATION; OR (III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT. SUCH LAND USE JUDGE MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS. E. IN CONSIDERING THE DENIAL OF AN APPLICATION, SUCH LAND USE JUDGE MAY ONLY CONSIDER THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED. 4. BURDEN OF PROOF BEFORE A COURT. A. (I) DURING A PROCEEDING BEFORE A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION, THE LOCALITY WHICH DENIED THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE BURDEN OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE, THAT THE PERMITS WERE PROPERLY DENIED PURSUANT TO ONE OR MORE OF THE REASONS SET FORTH IN SUBDIVISION THREE OF SECTION ONE THOUSAND FOUR OF THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT. (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO SUBDIVISION THREE OF SECTION ONE THOUSAND THREE OF THIS ARTICLE, CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED, COMBINED WITH THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS NEEDED TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE-YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER, THAT ELIGIBLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED OR BUILT. SUCH DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH AS TEMPORARY OR FINAL CERTIFICATES OF OCCUPANCY FOR THE HOUSING. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS THE APPLICANT SUCCESSFULLY REBUTS THE EVIDENCE OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH LOCALITY S. 4006--A 58 A. 3006--A SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN EFFECT AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETERMINATION IS MADE. B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY. C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL TAKE NOTICE OF SUCH DETERMI- NATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE OF THIS ARTICLE, SUCH LAND USE JUDGE MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE APPLI- CATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED. 5. ANY FINAL ORDER ISSUED BY A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION SHALL BE APPEALED IN A MANNER CONSISTENT WITH THE CIVIL PRACTICE LAW AND RULES. 6. THE CHIEF ADMINISTRATOR OF THE COURT SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE MANDATE OF THIS SECTION. 7. COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN- MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE. 8. EMPLOYEES AND AGENTS OF LOCALITIES MAY ONLY BE SUED IN THEIR OFFI- CIAL CAPACITY FOR NON-COMPLIANCE WITH THIS ARTICLE. § 3. Section 14 of the public housing law is amended by adding a new subdivision 8 to read as follows: 8. THE DIVISION SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS, RULES AND POLICIES RELATED TO LAND USE BY CITIES, TOWNS, AND VILLAGES AS IT RELATES TO THE DEVELOPMENT OF HOUSING, INCLUDING, BUT NOT LIMITED TO, THE ADMINISTRATION AND ENFORCEMENT OF ARTICLE TWENTY OF THE GENERAL MUNICIPAL LAW, THE TRANSIT-ORIENTED DEVELOPMENT ACT OF 2023, AND SECTION TWENTY-A OF THE PUBLIC HOUSING LAW. SUCH ENFORCEMENT AUTHORITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE POWERS GRANTED BY SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO THE STATUTES, RULES, REGULATION AND OTHER DOCUMENTS REGARDING THE AUTHORITY OF THE DIVISION, AND, WHERE APPLICABLE, THE POWER TO ISSUE ORDERS AND ADMINISTER FUNDING AND GRANTS TO LOCALITIES TO ASSIST WITH LAND USE PLANNING. § 4. Severability. In the event it is determined by a court of compe- tent jurisdiction that any phrase, clause, part, subdivision, paragraph or subsection, or any of the provisions of this article is unconstitu- tional or otherwise invalid or inoperative, such determination shall not affect the validity or effect of the remaining provisions of this arti- cle. § 5. This act shall take effect immediately. PART G Section 1. Short title. This act shall be known and may be cited as the "transit-oriented development act of 2023". § 2. Legislative findings and statement of purpose. The legislature hereby finds, determines and declares: New York State has a vital interest in reducing harmful greenhouse gas emissions. New York State further recognizes that encouraging and facil- S. 4006--A 59 A. 3006--A itating use of rail-based mass transit is a valuable method for reducing greenhouse gas emissions. New York State further recognizes that creat- ing walkable living environments with a variety of housing options near rail-based mass transit not only advances the goal of encouraging the use of rail-based mass transit, but also promotes local and regional economic development. Housing in the state of New York is among the most expensive in the nation and housing insecurity remains a problem for many low- and moder- ate-income families. The excessive cost of the state's housing supply is partially caused by a lack of housing near public transit access points. This lack of available housing is especially pronounced in well-re- sourced municipalities and neighborhoods with access to jobs, educa- tional resources, and health infrastructure that engender social and economic mobility. Many local governments do not give adequate attention to or planning for the local and broader regional economic, environmental, and social costs of local policies and actions that have the effect of stagnating or reducing the supply of housing, including affordable and supportive housing, or how such policies and actions thereby produce threats to the public health, safety, and general welfare. Increasing the supply of housing in close proximity to rail stations is a matter of state concern and critical to promoting housing afforda- bility, reducing housing insecurity, driving economic growth, encourag- ing social and economic mobility, and actualizing the goals of the Climate Leadership and Community Protection Act. A public policy purpose would be served and the interests of the people of the state would be advanced by requiring local planning and zoning changes that will facilitate the production of multifamily hous- ing in areas near rail stations. § 3. The general city law is amended by adding a new section 20-h to read as follows: § 20-H. DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; AND (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A CITY'S LOCAL LAND USE TOOLS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN S. 4006--A 60 A. 3006--A BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY CITY OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE CITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A CITY WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A CITY'S: (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; (V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. S. 4006--A 61 A. 3006--A (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (II) BE LIMITED TO A REVIEW OF THE FOLLOWING: (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE, INCLUDING, BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY ENVIRONMENTAL QUALITY REVIEW. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED EITHER WITHIN A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS S. 4006--A 62 A. 3006--A NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF S. 4006--A 63 A. 3006--A ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRANS- IT ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT- ORIENTED DEVELOPMENT ZONE, AS APPLICABLE. 2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A CITY'S LOCAL LAND USE TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE- MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC- TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS PERMITTED PURSUANT TO A CITY'S LOCAL LAND USE TOOLS WITHOUT REQUIRING ANY AMENDMENT. (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION, OR RULE, INCLUDING, BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY ENVIRONMENTAL QUALITY REVIEW, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE. (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS. (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET FORTH IN WRITING AND PUBLISH: (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT- ORIENTED DEVELOPMENT ZONE; (II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE DENSITY REQUIREMENT; (III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE; S. 4006--A 64 A. 3006--A (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT; (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH- IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND- MENT; (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT; (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT; (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT- MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN- TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT; (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM- PLATED BY THE AMENDMENT; AND (XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN- SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET. (E) IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVI- SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY: (I) ALL CITIES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI- DENTIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE; (II) NO CITY SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE CLASSIFIED AS A QUALIFYING PROJECT IF A CITY TIMELY ADOPTED AN AMENDMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A CITY OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENTLY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS. 3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY- S. 4006--A 65 A. 3006--A ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS. (B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU- ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. 4. ENFORCEMENT. (A) (I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL A CITY TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE- MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE CITY FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN. (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. (B) (I) UPON A FAILURE OF A CITY TO COMPLY WITH THE DEADLINES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE SUBJECT CITY OR LEAD AGENCY EQUIVALENT AND THE OFFICERS OF SUCH CITY AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE CITY OR THE GREATER PORTION OF THE TERRITORY OF SUCH CITY IS LOCATED TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA- TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI- CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. (III) THE CITY OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE CITY OR LEAD AGENCY EQUIVALENT DENIED THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. IF THE CITY OR LEAD AGENCY EQUIVALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO DEMONSTRATE THAT THE CONCERNS RAISED BY THE CITY OR LEAD AGENCY EQUIV- ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED BY CHANGES TO THE QUALIFYING PROJECT. (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE CITY OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI- CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON AN EXPEDITED BASIS. (V) COSTS SHALL NOT BE ALLOWED AGAINST THE CITY, LEAD AGENCY EQUIV- ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE CITY, LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI- GENCE, IN BAD FAITH, OR WITH MALICE. § 4. The town law is amended by adding a new section 261-d to read as follows: S. 4006--A 66 A. 3006--A § 261-D. DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; AND (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A TOWN'S LOCAL LAND USE TOOLS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY TOWN OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE TOWN, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A TOWN WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A TOWN'S: (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL S. 4006--A 67 A. 3006--A GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (II) BE LIMITED TO A REVIEW OF THE FOLLOWING: (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC S. 4006--A 68 A. 3006--A REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- S. 4006--A 69 A. 3006--A ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN- SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT- ORIENTED DEVELOPMENT ZONE, AS APPLICABLE. 2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A TOWN'S LOCAL LAND USE TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE- MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC- TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS PERMITTED PURSUANT TO A TOWN'S LOCAL LAND USE TOOLS WITHOUT REQUIRING ANY AMENDMENT. (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE S. 4006--A 70 A. 3006--A EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION, OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE. (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS. (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET FORTH IN WRITING AND PUBLISH: (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT- ORIENTED DEVELOPMENT ZONE; (II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE DENSITY REQUIREMENT; (III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE; (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT; (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH- IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND- MENT; (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT; (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT; (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT- MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN- TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT; (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM- PLATED BY THE AMENDMENT; AND (XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN- SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET. (E) IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVI- SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY: (I) ALL TOWNS SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESIDEN- TIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGRE- GATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE; (II) NO TOWN SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT S. 4006--A 71 A. 3006--A NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE CLASSIFIED AS A QUALIFYING PROJECT IF A TOWN TIMELY ADOPTED AN AMENDMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A TOWN OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENTLY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS. 3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY- ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP- MENT REVIEW PROCESS. (B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRAN- SIT-ORIENTED DEVELOPMENT REVIEW PROCESS. 4. ENFORCEMENT. (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL A TOWN TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE- MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE TOWN FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN. (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. (B) (I) UPON A FAILURE OF A TOWN TO COMPLY WITH THE DEADLINES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE SUBJECT TOWN OR LEAD AGENCY EQUIVALENT AND THE OFFICERS OF SUCH TOWN AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE TOWN OR THE GREATER PORTION OF THE TERRITORY OF SUCH TOWN IS LOCATED TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA- TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI- CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. (III) THE TOWN OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND S. 4006--A 72 A. 3006--A CONVINCING EVIDENCE THAT THE TOWN OR LEAD AGENCY EQUIVALENT DENIED THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. IF THE TOWN OR LEAD AGENCY EQUIVALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO DEMONSTRATE THAT THE CONCERNS RAISED BY THE TOWN OR LEAD AGENCY EQUIV- ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED BY CHANGES TO THE QUALIFYING PROJECT. (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE TOWN OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI- CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON AN EXPEDITED BASIS. (V) COSTS SHALL NOT BE ALLOWED AGAINST THE TOWN, LEAD AGENCY EQUIV- ALENT, AND THE OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE TOWN, LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLIGENCE, IN BAD FAITH, OR WITH MALICE. § 5. The village law is amended by adding a new section 7-700-a to read as follows: § 7-700-A DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; AND (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A VILLAGE'S LOCAL LAND USE TOOLS PURSU- ANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY VILLAGE OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE VILLAGE, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A S. 4006--A 73 A. 3006--A VILLAGE WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A VILLAGE'S: (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSIONS HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. S. 4006--A 74 A. 3006--A (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (II) BE LIMITED TO A REVIEW OF THE FOLLOWING: (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- S. 4006--A 75 A. 3006--A POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, S. 4006--A 76 A. 3006--A AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN- SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT- ORIENTED DEVELOPMENT ZONE, AS APPLICABLE. 2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A VILLAGE'S LOCAL LAND USE TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE- MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC- TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS PERMITTED PURSUANT TO A VILLAGE'S LOCAL LAND USE TOOLS WITHOUT REQUIRING ANY AMENDMENT. (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION, OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE. (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS. (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET FORTH IN WRITING AND PUBLISH: (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT- ORIENTED DEVELOPMENT ZONE; (II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE DENSITY REQUIREMENT; (III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE; (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT; (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH- IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND- MENT; (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT; (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT; (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT- MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN- TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT; S. 4006--A 77 A. 3006--A (X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT; (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM- PLATED BY THE AMENDMENT; AND (XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN- SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET. (E) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSU- ANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND UNTIL SUCH TIME AS A VILLAGE COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDI- VISION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY: (I) ALL VILLAGES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI- DENTIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE; (II) NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE CLASSIFIED AS A QUALIFYING PROJECT IF A VILLAGE TIMELY ADOPTED AN AMEND- MENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A VILLAGE OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENT- LY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS. 3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND UNTIL SUCH TIME AS A VILLAGE COMPREHENSIVELY UPDATES ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUAL- IFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVEL- OPMENT REVIEW PROCESS. (B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU- ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. 4. ENFORCEMENT. (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL A VILLAGE TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE VILLAGE FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN. (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. (B)(I) UPON A FAILURE OF A VILLAGE TO COMPLY WITH THE DEADLINES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT S. 4006--A 78 A. 3006--A IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE SUBJECT VILLAGE OR LEAD AGENCY EQUIVALENT AND THE OFFICERS OF SUCH VILLAGE AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE VILLAGE OR THE GREATER PORTION OF THE TERRITORY OF SUCH VILLAGE IS LOCATED TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA- TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI- CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. (III) THE VILLAGE OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE VILLAGE OR LEAD AGENCY EQUIVALENT DENIED THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. IF THE VILLAGE OR LEAD AGENCY EQUIV- ALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO DEMONSTRATE THAT THE CONCERNS RAISED BY THE VILLAGE OR LEAD AGENCY EQUIVALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED BY CHANGES TO THE QUALIFYING PROJECT. (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE VILLAGE OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLICATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUD- ING ON AN EXPEDITED BASIS. (V) COSTS SHALL NOT BE ALLOWED AGAINST THE VILLAGE, LEAD AGENCY EQUIV- ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE VILLAGE, LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI- GENCE, IN BAD FAITH, OR WITH MALICE. § 6. This act shall take effect immediately. PART H Section 1. The public housing law is amended by adding a new section 20-a to read as follows: § 20-A. HOUSING PRODUCTION REPORTING. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION, OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS. (B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF ONE OR MORE RESIDENTIAL BUILDINGS. (C) "DWELLING UNIT" MEANS A DWELLING WITHIN A RESIDENTIAL BUILDING WHICH IS EITHER SOLD, RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS THAT IS INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING. 2. THE COMMISSIONER SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANNUALLY, IN THE MANNER AND S. 4006--A 79 A. 3006--A FORMAT TO BE DIRECTED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION, CONVERSION, ALTER- ATION, DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE WITHIN THE JURIS- DICTION OF SUCH LOCAL BOARD THAT IS REQUIRED TO BE REPORTED TO SUCH LOCAL BOARD: (A) THE ADDRESS OF SUCH HOUSING SITE; (B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE; (C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE; (D) THE BUILDING TYPE, ANY RELEVANT DATES OF APPROVAL, PERMITS, AND COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE; (E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO- CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF; (F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE; (G) ANY PERMITS REQUESTED TO BUILD DWELLING UNITS, AND THE STATUS OF SUCH REQUESTS AS OF THE DATE OF THE REPORT; AND (H) THE TOTAL NUMBER OF DWELLING UNITS WITHIN THE JURISDICTION OF THE LOCAL BOARD AS OF THE DATE OF THE REPORT. 3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC- TIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE COMMISSIONER SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE COMMISSIONER, IN A MANNER AND FORMAT TO BE DETERMINED BY THE COMMISSIONER, A DIGITAL FILE CONTAINING A ZONING MAP OR MAPS OF SUCH LOCAL BOARD'S JURISDICTION THAT CONTAINS THE FOLLOWING INFORMATION FOR THE PRIOR YEAR: (A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER- CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE OR ARE NOT PERMITTED; (B) IN AREAS ZONED FOR RESIDENTIAL BUILDINGS, WHERE RESIDENTIAL BUILD- INGS CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE ALLOWED PER LOT; (C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL BUILDINGS; (D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS; (E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS; (F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS FOR RESIDENTIAL BUILD- INGS; (G) DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL BOARD WAS AS-OF-RIGHT OR DISCRETIONARY; (H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN AMENDED SINCE SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION; (I) ANY FLOOR AREA RATIO RESTRICTIONS FOR RESIDENTIAL BUILDINGS; (J) IN AREAS WHERE RESIDENTIAL DEVELOPMENT IS NOT PERMITTED, THE REASONS SUCH DEVELOPMENT IS NOT PERMITTED; AND (K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE COMMISSIONER. 4. THE COMMISSIONER MAY MAKE THE INFORMATION SUBMITTED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION PUBLICLY AVAILABLE ON THE DIVISION OF HOUSING AND COMMUNITY RENEWAL'S WEBSITE, UPDATED ANNUALLY TO REFLECT THE MOST RECENT SUBMISSIONS. § 2. This act shall take effect on the first of January next succeed- ing the date upon which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART I S. 4006--A 80 A. 3006--A Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real property actions and proceedings law, as amended by chapter 529 of the laws of 2008, is amended to read as follows: (b) In the case of a vacant dwelling, it is not sealed or continuously guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG- ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed or is continuously guarded by a person other than the owner, a mortgagee, lienor or agent thereof, and [either] ANY of the following facts exists: (i) A vacate order of the department or other governmental agency currently prohibits occupancy of the dwelling; or (ii) The tax on such premises has been due and unpaid for a period of at least one year; or (III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON- ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT TO SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN OR THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED LIABILITY COMPANY, RESPECTIVELY; OR § 2. This act shall take effect immediately. PART J Section 1. Subdivision 11 of section 3 of the multiple dwelling law, as amended by chapter 806 of the laws of 1972, is amended to read as follows: 11. Notwithstanding any other provision of this section, the following enumerated articles, sections and subdivisions of sections of this chap- ter shall not apply to the construction or alteration of multiple dwell- ings for which an application for a permit is made to the department after December sixth, nineteen hundred sixty-nine in a city having a population of one million or more [which adopts or has adopted local laws, ordinances, resolutions or regulations providing protection from fire hazards and making provision for escape from fire in the construction and alteration of multiple dwellings and in other respects as protective as local law seventy-six of the laws of the city of New York for nineteen hundred sixty-eight and covering the same subject matter as the following]: subdivisions twenty-five, twenty-seven, twen- ty-eight, thirty-five-c, thirty-six and thirty-nine of section four, subdivision three of section twenty-eight, sections thirty-six, thirty- seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five, sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of section seventy-five, article four, article five, article five-A[,] AND article six [and article seven-B]; except that after December sixth, nineteen hundred sixty-nine where a multiple dwelling erected prior to December sixth, nineteen hundred sixty-nine is altered, or a building erected prior to December sixth, nineteen hundred sixty-nine is converted to a multiple dwelling pursuant to a permit applied for to the department having jurisdiction, the foregoing articles, sections and subdivisions of sections shall remain applicable where a local law of such city authorizes such alteration or conversion to be made, at the option of the owner, either in accordance with the requirements of the building S. 4006--A 81 A. 3006--A law and regulations in effect in such city prior to December sixth, nineteen hundred sixty-eight or the requirements of the building law and regulations in effect after such date, and the owner elects to comply with the requirements of the building law and regulations in effect prior to December sixth, nineteen hundred sixty-eight. § 2. Section 275 of the multiple dwelling law, as added by chapter 734 of the laws of 1985, is amended to read as follows: § 275. Legislative findings. It is hereby declared and found that in cities with a population in excess of one million, large numbers of loft, manufacturing, commercial, institutional, public and community facility buildings have lost, and continue to lose, their tenants to more modern premises; and that the untenanted portions of such buildings constitute a potential housing stock within such cities which is capa- ble, when appropriately altered, of accommodating general residential use, thereby contributing to an alleviation of the housing shortage most severely affecting moderate and middle income families, and of accommo- dating joint living-work quarters for artists by making readily avail- able space which is physically and economically suitable for use by persons regularly engaged in the arts. There is a public purpose to be served by making accommodations readi- ly available for joint living-work quarters for artists for the follow- ing reasons: persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of the materials therefor and of the products thereof than are regularly to be found in dwellings subject to this article; that the financial remunerations to be obtained from pursuit of a career in the arts are generally small; that as a result of such limited financial remuneration persons regularly engaged in the arts generally find it financially impossible to maintain quarters for the pursuit of their artistic endeavors separate and apart from their places of residence; that the cultural life of cities of more than one million persons within this state and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts; that the high cost of land within such cities makes it particularly difficult for persons regularly engaged in the arts to obtain the use of the amounts of space required for their work as aforesaid; and that the residential use of the space is secondary or accessory to the primary use as a place of work. It is further declared that the legislation governing the alteration of such buildings to accommodate general residential use must of neces- sity be more restrictive than statutes heretofore in effect, which affected only joint living-work quarters for artists. It is the intention of this legislation to promulgate statewide mini- mum standards for all alterations of non-residential buildings to resi- dential use, but the legislature is cognizant that the use of such buildings for residential purposes must be consistent with local zoning ordinances. The legislature further recognizes that it is the role of localities to adopt regulations which will define in further detail the manner in which alterations should be carried out where building types and conditions are peculiar to their local environment. IT IS HEREBY ADDITIONALLY DECLARED AND FOUND THAT IN CITIES WITH A POPULATION IN EXCESS OF ONE MILLION, LARGE NUMBERS OF COMMERCIAL BUILDINGS HAVE LOST, AND CONTINUE TO LOSE, THEIR TENANTS TO MORE MODERN PREMISES AND TO THE CHANGING NATURE OF REMOTE OFFICE WORK IN THE WAKE OF THE COVID-19 PANDEMIC; AND THAT THE UNTENANTED PORTIONS OF SUCH BUILDINGS CONSTITUTE A POTENTIAL HOUSING STOCK WITHIN SUCH CITIES WHICH IS CAPABLE, WHEN S. 4006--A 82 A. 3006--A APPROPRIATELY ALTERED, OF ACCOMMODATING GENERAL RESIDENTIAL USE, THEREBY CONTRIBUTING TO AN ALLEVIATION OF THE HOUSING SHORTAGE. § 3. Section 276 of the multiple dwelling law, as amended by chapter 420 of the laws of 2022, is amended to read as follows: § 276. [Definition of an artist] DEFINITIONS. As used in this article, the FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE word "artist" means a person who is regularly engaged in the fine arts, such as painting and sculpture or in the performing or crea- tive arts, including choreography and filmmaking, or in the composition of music on a professional basis, and is so certified by the city department of cultural affairs and/or state council on the arts. For joint living-work quarters for artists limited to artists' occupancy by local zoning resolution, any permanent occupant whose residence therein began on or before December fifteenth, two thousand twenty-one shall be deemed to meet such occupancy requirements under the same rights as an artist so certified in accordance with applicable law. 2. THE TERM "GENERAL RESIDENTIAL PURPOSES" MEANS USE OF A BUILDING AS A CLASS A MULTIPLE DWELLING, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE A ROOMING UNIT AS DEFINED IN SECTION 27-2004 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OTHER THAN A ROOMING UNIT IN A CLASS A OR CLASS B MULTIPLE DWELLING THAT IS AUTHORIZED PURSUANT TO SECTION 27-2077 OF SUCH ADMINISTRATIVE CODE. § 4. The multiple dwelling law is amended by adding a new section 279 to read as follows: § 279. OCCUPANCY OF COMMERCIAL BUILDINGS. 1. ANY BUILDING IN A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS WHICH WAS OCCUPIED FOR LOFT, COMMERCIAL, INSTITUTIONAL, PUBLIC, COMMUNITY FACILITY OR MANUFAC- TURING PURPOSES AT ANY TIME PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN HUNDRED NINETY, MAY BE OCCUPIED, IN WHOLE OR IN PART, FOR GENERAL RESI- DENTIAL PURPOSES IF SUCH OCCUPANCY IS IN COMPLIANCE WITH THIS ARTICLE, NOTWITHSTANDING ANY OTHER ARTICLE OF THIS CHAPTER, OR ANY PROVISION OF LAW COVERING THE SAME SUBJECT MATTER, EXCEPT AS OTHERWISE REQUIRED BY THE ZONING RESOLUTION OF SUCH CITY. 2. OCCUPANCY PURSUANT TO THIS SECTION SHALL BE PERMITTED ONLY IF THE CONDITIONS IN SUBDIVISIONS ONE THROUGH SIXTEEN OF SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE ARE COMPLIED WITH, EXCEPT THAT THE CONVER- SION SHALL NOT BE REQUIRED TO INCLUDE JOINT LIVING-WORK QUARTERS FOR ARTISTS, AND PROVIDED FURTHER THAT CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO SUBDIVISION THREE OF SECTION TWEN- TY-SIX OF THIS CHAPTER. 3. NOTWITHSTANDING ANY STATE OR LOCAL LAW, RULE, OR REGULATION, INCLUDING ANY OTHER PROVISION OF THIS SECTION OR ARTICLE TO THE CONTRA- RY, THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY BUILDING LOCATED IN A DISTRICT THAT OTHERWISE WOULD HAVE BEEN SUBJECT TO THE PROVISIONS OF SECTION 15-01 OF THE ZONING RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS. § 5. An application for conversion of a building pursuant to the provisions of this act, which application for a permit containing complete plans and specifications is filed prior to December 31, 2030, shall be permitted to proceed as if subdivision 3 of section 279 of the multiple dwelling law, as added by section four of this act, remained in effect, so long as construction of such project begins within the earli- er to occur of three years from December 31, 2030 or such time which the permit otherwise expires. § 6. This act shall take effect immediately; provided, however, that subdivision 3 of section 279 of the multiple dwelling law as added by S. 4006--A 83 A. 3006--A section four of this act shall expire and be deemed repealed on December 31, 2030; provided further, however, that the repeal of subdivision 3 of section 279 of the multiple dwelling law as added by section four of this act shall not affect the use of any building for general residen- tial purposes, as such term is defined in article 7-B of the multiple dwelling law, permitted prior to such repeal. PART K Section 1. The multiple dwelling law is amended by adding a new arti- cle 7-D to read as follows: ARTICLE 7-D LEGALIZATION AND CONVERSION OF BASEMENT DWELLING UNITS SECTION 288. DEFINITIONS. 289. BASEMENT LOCAL LAWS AND REGULATIONS. 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS. § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW- FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; 2. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT A WRITTEN AGREEMENT; AND 3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT DWELLING UNIT IS RENTED. § 289. BASEMENT LOCAL LAWS AND REGULATIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT HEALTH AND SAFETY ARE PROTECTED, (A) THE LEGALIZATION OF SPECIFIED INHABITED BASE- MENT DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVER- SION OF OTHER SPECIFIED BASEMENT DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRON- MENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER. 2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF A BASEMENT DWELLING UNIT, (A) FREEDOM FROM ANY CIVIL OR ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDGMENTS OR ANY OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOL- UTION OF SUCH CITY, AND (B) RELIEF FROM ANY OUTSTANDING CIVIL JUDGMENTS ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE. PROVIDED THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED FURTHER THAT SUCH DATE SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER OR LOCAL LAW, RULE OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED S. 4006--A 84 A. 3006--A BASEMENT DWELLING UNIT OR OTHER SPECIFIED BASEMENT DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFECTIVE DATE INTO A LAWFUL DWELLING UNIT. ANY AMENDMENT OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH LOCAL- ITY, AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRON- MENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW. § 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS. 1. THE PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN INHABITED BASEMENT DWELLING UNIT BE ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE- GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS. 2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE, WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTABLISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHORIZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT. 3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT. § 2. Subdivision 1 of section 472 of the private housing finance law, as amended by chapter 479 of the laws of 2005, is amended to read as follows: 1. Notwithstanding the provisions of any general, special or local law, a municipality, acting through an agency, is authorized: (A) to make, or contract to make, loans to low and moderate income owner-occu- pants of one to four unit existing private or multiple dwellings within its territorial limits, subject to the limitation of subdivisions two through seven of this section, in such amounts as shall be required for the rehabilitation of such dwellings, provided, however, that such loans shall not exceed sixty thousand dollars per dwelling unit, EXCEPT THAT THE LIMITATION ON THE MAXIMUM AMOUNT OF A LOAN, AS DESCRIBED IN THIS PARAGRAPH, SHALL NOT APPLY TO ANY SUCH LOAN FOR, IN WHOLE OR IN PART, REHABILITATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECIFIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED EIGHTY-NINE OF THE MULTIPLE DWELLING LAW. Such loans may also include the refinancing of the outstanding indebtedness of such dwell- ings, and the municipality may make temporary loans or advances to such S. 4006--A 85 A. 3006--A owner-occupants in anticipation of permanent loans for such purposes; AND (B) TO MAKE OR CONTRACT TO MAKE GRANTS TO ANY OWNER DESCRIBED IN PARA- GRAPH (A) OF THIS SUBDIVISION, ON THE SAME TERMS AS PERMITTED UNDER SUCH PARAGRAPH FOR A LOAN. § 3. Section 472 of the private housing finance law is amended by adding a new subdivision 1-a to read as follows: 1-A. AS USED IN THIS ARTICLE, THE TERM "LOAN" SHALL INCLUDE ANY GRANT MADE BY A MUNICIPALITY PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT PROVISIONS OF THIS ARTICLE CONCERNING THE REPAYMENT OR FORGIVENESS OF, OR SECURITY FOR, A LOAN SHALL NOT APPLY TO ANY GRANT MADE PURSUANT TO THIS ARTICLE. § 4. Subdivision 2 of section 473 of the private housing finance law, as added by chapter 786 of the laws of 1987, is amended to read as follows: 2. A municipality shall neither make nor participate in a loan to an owner-occupant of an existing private or multiple dwelling pursuant to this article unless the agency finds that the area in which such dwell- ing is situated is a blighted, deteriorated or deteriorating area or has a blighting influence on the surrounding area, or is in danger of becom- ing a slum or a blighted area because of the existence of substandard, unsanitary, deteriorating or deteriorated conditions, an aged housing stock, or other factors indicating an inability of the private sector to cause such rehabilitation to be made, EXCEPT THAT ANY SUCH FINDING SHALL NOT BE REQUIRED FOR ANY SUCH LOAN FOR, IN WHOLE OR IN PART, REHABILI- TATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECI- FIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED EIGHTY-NINE OF THE MULTIPLE DWELLING LAW. § 5. This act shall take effect immediately. PART L Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows: 3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, OR AFTER CONSULTATION WITH LOCAL OFFICIALS, AS PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell- ing or dwellings on a lot shall not exceed 12.0, except that a fireproof class B dwelling in which six or more passenger elevators are maintained and operated in any city having a local zoning law, ordinance or resol- ution restricting districts in such city to residential use, may be erected in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordinance or resolution to residential uses. § 2. This act shall take effect immediately. PART M Section 1. Section 489 of the real property tax law is amended by adding a new subdivision 21 to read as follows: 21. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION: S. 4006--A 86 A. 3006--A (1) "AFFORDABLE RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKETING BAND THAT IS ALLOWED FOR AN AFFORDABLE RENTAL UNIT AS SUCH RENT IS ESTABLISHED BY THE LOCAL HOUSING AGENCY. (2) "AFFORDABLE RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE RENTAL BUILDING THAT, AS OF THE FILING OF AN APPLICATION FOR A CERTIF- ICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT AT OR BELOW THE APPLICABLE AFFORDABLE RENT. (3) "CERTIFICATE OF ELIGIBILITY AND REASONABLE COST" SHALL MEAN A DOCUMENT ISSUED BY THE LOCAL HOUSING AGENCY THAT ESTABLISHES THAT A PROPERTY IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION FOR WHICH SUCH BENEFITS SHALL BE RECEIVED. (4) "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB- LISHED, AND UPDATED AS NECESSARY, BY THE LOCAL HOUSING AGENCY. (5) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE LOCAL HOUSING AGENCY ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES- SARY FOR FURTHER ASSESSMENT OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST WHERE SUCH APPLICATION CONTAINED ALL INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING. (6) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS. (7) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE CONSTRUCTION, THE DATE ON WHICH: (A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL ELIGI- BLE CONSTRUCTION HAS CONCLUDED; AND (B) ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE CONSTRUCTION CAPABLE OF USE FOR THE PURPOSE FOR WHICH SUCH ELIGIBLE CONSTRUCTION WAS INTENDED. (8) "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION IN A CLASS A MULTIPLE DWELLING THAT: (A) IS ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD; (B) CONTAINS AT LEAST ONE ROOM; AND (C) CONTAINS WITHIN SUCH ACCOMMODATION LAWFUL SANITARY AND KITCHEN FACILITIES RESERVED FOR ITS OCCUPANTS. (9) "ELIGIBLE BUILDING" SHALL MEAN AN ELIGIBLE RENTAL BUILDING, AN ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING, PROVIDED THAT SUCH BUILDING CONTAINS THREE OR MORE DWELLING UNITS. (10) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO AN ELIGIBLE BUILDING THAT: (A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE- DULE; (B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD; (C) HAVE A COMPLETION DATE THAT IS AFTER JUNE TWENTY-NINTH, TWO THOU- SAND TWENTY-TWO AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX AND THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND (D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI- BLE BUILDING. (11) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING THAT: (A) IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPER- ATIVE HOUSING; S. 4006--A 87 A. 3006--A (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND (C) HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION. (12) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXIST- ING BUILDING THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY EITHER: (A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A MUTUAL COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY REGULATORY AGREEMENT; OR (B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT. (13) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT: (A) IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS ARE OPERATED AS RENTAL HOUSING; (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND (C) SATISFIES ONE OF THE FOLLOWING CONDITIONS: (I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING ARE AFFORDABLE RENTAL UNITS; (II) SUCH BUILDING IS OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY; OR (III) SUCH BUILDING IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE. (14) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH: (A) IS PERMANENTLY AFFIXED TO THE LAND; (B) HAS ONE OR MORE FLOORS AND A ROOF; (C) IS BOUNDED BY WALLS; (D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES- TRIAN INGRESS AND EGRESS; (E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT IS IN EFFECT PRIOR TO THE COMMENCEMENT DATE; AND (F) EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE- MENT DATE. (15) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL MEAN AN AVERAGE ASSESSED VALUATION OF FORTY-FIVE THOUSAND DOLLARS PER DWELL- ING UNIT. (16) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME MEANING AS "COMPANY" SET FORTH IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE LAW. (17) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE RENTAL BUILDING OTHER THAN AN AFFORDABLE RENTAL UNIT. (18) "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. (19) "MINIMUM SCOPE OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF CERTIFIED REASONABLE COST ESTABLISHED BY RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY, PROVIDED THAT SUCH AMOUNT SHALL BE NO LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELLING UNIT IN EXISTENCE ON THE COMPLETION DATE. (20) "MULTIPLE DWELLING" SHALL HAVE THE MEANING AS SET FORTH IN SECTION FOUR OF THE MULTIPLE DWELLING LAW. (21) "MUTUAL COMPANY" SHALL HAVE THE MEANING AS SET FORTH IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE LAW. S. 4006--A 88 A. 3006--A (22) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUS- ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN- CY PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW FOR NOT LESS THAN FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL COMPANY. (23) "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING, WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW. (24) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS "MUTUAL" WHEN APPLIED TO A REDEVELOPMENT COMPANY, AS SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW. (25) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY AND THE COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON- STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI- ER OF: (A) FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL REDEVELOPMENT COMPANY; OR (B) THE EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE- VELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW. (26) "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW. (27) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING, WITH RESPECT TO ANY REDEVELOPMENT COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW. (28) "REHABILITATION PROGRAM BENEFITS" SHALL MEAN ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO THIS SUBDIVISION. (29) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT ADDED THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED THEREAFT- ER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. (30) "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO SUCH PERIOD, FIFTEEN YEARS FROM THE INITIAL RECEIPT OF REHABILITATION PROGRAM BENE- FITS, OR SUCH ADDITIONAL PERIOD OF TIME AS MAY BE IMPOSED PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION. (31) "SUBSTANTIAL GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS, OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY IN FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY, PROVIDED THAT SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU- S. 4006--A 89 A. 3006--A LATORY AGREEMENT ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. (32) "SUBSTANTIAL INTEREST" SHALL MEAN AN OWNERSHIP INTEREST OF TEN PERCENT OR MORE. (B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY CITY TO WHICH THE MULTIPLE DWELLING LAW IS APPLICABLE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY OR OTHER GOVERNING AGENCY, IS HEREBY AUTHORIZED AND EMPOWERED, UNTIL AND INCLUDING JUNE THIRTIETH, TWO THOU- SAND TWENTY-FIVE, TO ADOPT AND AMEND LOCAL LAWS OR ORDINANCES PROVIDING AN ABATEMENT OF REAL PROPERTY TAXES ON AN ELIGIBLE BUILDING IN WHICH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED, PROVIDED THAT: (1) SUCH ABATEMENT SHALL NOT EXCEED SEVENTY PERCENT OF THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION, AS DETERMINED UNDER RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY; (2) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS; (3) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE BUILDING SHALL NOT EXCEED EIGHT AND ONE-THIRD PERCENT OF THE TOTAL CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION; (4) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD FOR SUCH BUILDING, PROVIDED, HOWEVER, THAT SUCH ABATEMENT SHALL NOT EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING: (A) AN ELIGIBLE RENTAL BUILDING OWNED BY A LIMITED-PROFIT HOUSING COMPANY OR A REDEVELOPMENT COMPANY; (B) AN ELIGIBLE HOMEOWNERSHIP BUILD- ING; AND (C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND (5) SUCH ABATEMENT SHALL BECOME EFFECTIVE BEGINNING WITH THE FIRST QUARTERLY TAX BILL IMMEDIATELY FOLLOWING THE DATE OF ISSUANCE OF THE CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. (C) AUTHORITY OF CITY TO ADOPT RULES AND REGULATIONS. ANY SUCH LOCAL LAW OR ORDINANCE SHALL AUTHORIZE THE ADOPTION OF RULES AND REGULATIONS, NOT INCONSISTENT WITH THIS SUBDIVISION, BY THE LOCAL HOUSING AGENCY AND ANY OTHER LOCAL AGENCY NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVI- SION. (D) APPLICATIONS. (1) ANY SUCH LOCAL LAW OR ORDINANCE SHALL REQUIRE THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PURSUANT TO THIS SUBDIVISION BE MADE AFTER THE COMPLETION DATE AND ON OR BEFORE THE LATER OF (A) FOUR MONTHS FROM THE EFFECTIVE DATE OF SUCH LOCAL LAW OR ORDINANCE; OR (B) FOUR MONTHS FROM SUCH COMPLETION DATE. (2) SUCH APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA- BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL BE SATISFACTORY TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO, EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION. (3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE THAT SHALL BE PAID BY A CERTIFIED CHECK OR CASHIER'S CHECK UPON THE FILING OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. SUCH FEE SHALL BE (A) ONE THOUSAND DOLLARS, PLUS (B) SEVENTY-FIVE DOLLARS FOR EACH DWELLING UNIT IN EXCESS OF SIX DWELLING UNITS IN THE ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION. (4) ANY APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH THAT IS MISSING ANY OF THE INFORMATION AND DOCUMENTATION REQUIRED AT INITIAL FILING BY SUCH LOCAL LAW OR ORDINANCE AND ANY RULES AND REGULATIONS OF S. 4006--A 90 A. 3006--A THE LOCAL HOUSING AGENCY SHALL BE DENIED, PROVIDED THAT A NEW APPLICA- TION FOR THE SAME ELIGIBLE CONSTRUCTION, TOGETHER WITH A NEW NON-REFUND- ABLE FILING FEE, MAY BE FILED WITHIN FIFTEEN DAYS OF THE DATE OF ISSU- ANCE OF SUCH DENIAL. IF SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH REQUIRED INFORMATION AND DOCUMENTATION, IT SHALL BE DENIED AND NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMIT- TED. (5) THE FAILURE OF AN APPLICANT TO RESPOND TO ANY CHECKLIST WITHIN THIRTY DAYS OF THE DATE OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING AGENCY SHALL ISSUE NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS TO ISSUE A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AFTER THE TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST CONCERNING SUCH APPLICATION. AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE, SUCH AGENCY SHALL PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION. (6) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT. (A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION: (I) THE NAME OF EVERY OWNER OF RECORD AND OWNER OF A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND (II) A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR UNLAWFULLY EVICTED TENANTS BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE LEGAL JURISDIC- TION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF TENANTS OR UNLAWFUL EVICTION. (B) NO ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE: (I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED; (II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR OMIS- SION OF ANY MATERIAL FACT; OR (III) ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING THE ELIGIBLE CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPRO- PRIATE LEGAL JURISDICTION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF TENANTS OR UNLAWFUL EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS, UNTIL AND UNLESS THE FINDING IS REVERSED ON APPEAL. (C) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR OTHER LEGAL REPRESEN- TATIVE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR THE DISTRICT ATTORNEY OF ANY COUNTY, MAY INSTITUTE AN ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECES- SARY TO DETERMINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING THE ELIGIBLE CONSTRUCTION HAS HARASSED OR UNLAWFULLY EVICTED TENANTS AS DESCRIBED IN THIS SUBPARAGRAPH. S. 4006--A 91 A. 3006--A (7) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY RULES AND REGULATIONS THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST BE FILED ELECTRONICALLY. (E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL, IN ADDITION TO ALL OTHER CONDITIONS OF ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS SET FORTH IN THIS SUBDI- VISION, REQUIRE THAT AN ELIGIBLE RENTAL BUILDING, OTHER THAN ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY, ALSO COMPLY WITH ALL PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, AN ELIGIBLE RENTAL BUILDING THAT IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF SUBPARAGRAPH THREE OF THIS PARAGRAPH. (1) NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE CONTRARY, ANY MARKET RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SUBJECT TO RENT REGULATION AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIF- ICATE OF ELIGIBILITY AND REASONABLE COST AND ANY AFFORDABLE RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION UNTIL SUCH UNIT FIRST BECOMES VACANT AFTER THE EXPIRATION OF THE RESTRICTION PERIOD AT WHICH TIME SUCH UNIT, UNLESS IT WOULD BE SUBJECT TO RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS SUBDI- VISION, SHALL BE DEREGULATED, PROVIDED, HOWEVER, THAT DURING THE RESTRICTION PERIOD, NO EXEMPTION OR EXCLUSION FROM ANY REQUIREMENT OF RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS. (2) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING THAT IS NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE. (A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE RENTAL BUILDING SHALL BE DESIGNATED AS AFFORDABLE RENTAL UNITS. (B) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL ENSURE THAT NO AFFORDABLE RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG- ER THAN REASONABLY NECESSARY. (C) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL WAIVE THE COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO RENT REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR WHICH SUCH ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM BENEFITS, AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER. (D) AN AFFORDABLE RENTAL UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE RENTAL UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT, AND SHALL INCLUDE A NOTICE IN AT LEAST TWELVE- POINT TYPE INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDI- VISION, INCLUDING AN EXPLANATION OF THE RESTRICTIONS ON RENT INCREASES THAT MAY BE IMPOSED ON SUCH AFFORDABLE RENTAL UNIT. (E) THE LOCAL HOUSING AGENCY MAY ESTABLISH BY RULES AND REGULATIONS SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS NECESSARY OR APPRO- PRIATE FOR DESIGNATING AFFORDABLE RENTAL UNITS, INCLUDING, BUT NOT LIMITED TO, DESIGNATING THE UNIT MIX AND DISTRIBUTION REQUIREMENTS OF SUCH AFFORDABLE RENTAL UNITS IN AN ELIGIBLE BUILDING. (3) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING OR UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD. S. 4006--A 92 A. 3006--A (4) NO DWELLING UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION PERIOD. (5) ANY NON-COMPLIANCE OF AN ELIGIBLE RENTAL BUILDING WITH THE PROVISIONS OF THIS PARAGRAPH SHALL PERMIT THE LOCAL HOUSING AGENCY TO TAKE THE FOLLOWING ACTION: (A) EXTEND THE RESTRICTION PERIOD; (B) INCREASE THE NUMBER OF AFFORDABLE RENTAL UNITS IN SUCH ELIGIBLE RENTAL BUILDING; (C) IMPOSE A PENALTY OF NOT MORE THAN THE PRODUCT OF ONE THOUSAND DOLLARS PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING UNITS CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND (D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD- ANCE WITH PARAGRAPH (M) OF THIS SUBDIVISION. (F) COMPLIANCE WITH APPLICABLE LAW. ANY SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH ELIGIBLE BUILD- ING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW. (G) IMPLEMENTATION OF REHABILITATION PROGRAM BENEFITS. UPON ISSUANCE OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AND PAYMENT OF OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS- MIT SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST TO THE LOCAL AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT. UPON RECEIPT OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON- SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES TO BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND PURSUANT TO SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED BY THE LOCAL HOUSING AGENCY. (H) OUTSTANDING TAXES AND CHARGES. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING CASES: (1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES OR PAYMENTS IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE LAST DAY OF THE TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF THE CERTIFICATE OF ELIGIBILITY AND REASONABLE COST BY THE LOCAL AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT; OR (2) REAL ESTATE TAXES OR WATER AND SEWER CHARGES DUE AT ANY TIME DURING THE AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR ONE YEAR AFTER THE SAME ARE DUE AND PAYABLE. (I) ADDITIONAL LIMITATIONS ON ELIGIBILITY. ANY SUCH LOCAL LAW OR ORDI- NANCE SHALL ALSO PROVIDE THAT: (1) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING RECEIVING TAX EXEMPTION OR ABATEMENT CONCURRENTLY FOR REHABILITATION OR NEW CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR LOCAL LAW OR ORDINANCE WITH THE EXCEPTION OF ANY ELIGIBLE CONSTRUCTION TO AN ELIGIBLE BUILDING RECEIVING A TAX EXEMPTION OR ABATEMENT UNDER THE PROVISIONS OF THE PRIVATE HOUSING FINANCE LAW; (2) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD- ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME OR A SIMILAR ITEM OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST FOR SUCH REHABILITATION PROGRAM BENEFITS; (3) WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED FOR DWELLING PURPOSES, THE ASSESSED VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI- S. 4006--A 93 A. 3006--A BLE CONSTRUCTION SHALL BE APPORTIONED SO THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER THAN DWELLING PURPOSES; AND (4) REHABILITATION PROGRAM BENEFITS SHALL NOT BE APPLIED TO ABATE OR REDUCE THE TAXES UPON THE LAND PORTION OF REAL PROPERTY, WHICH SHALL CONTINUE TO BE TAXED BASED UPON THE ASSESSED VALUATION OF THE LAND AND THE APPLICABLE TAX RATE AT THE TIME SUCH TAXES ARE LEVIED. (J) RE-INSPECTION PENALTY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY CANNOT VERIFY THE ELIGIBLE CONSTRUCTION CLAIMED BY AN APPLICANT UPON THE FIRST INSPECTION BY THE LOCAL HOUSING AGENCY OF THE ELIGIBLE BUILDING, SUCH APPLICANT SHALL BE REQUIRED TO PAY TEN TIMES THE ACTUAL COST OF ANY ADDITIONAL INSPECTION NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION. (K) STRICT LIABILITY FOR INACCURATE APPLICATIONS. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY DETER- MINES THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASON- ABLE COST CONTAINS A MATERIAL MISSTATEMENT OF FACT, THE LOCAL HOUSING AGENCY MAY REJECT SUCH APPLICATION AND BAR THE SUBMISSION OF ANY OTHER APPLICATION PURSUANT TO THIS SUBDIVISION WITH RESPECT TO SUCH ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED THREE YEARS. AN APPLICANT SHALL NOT BE RELIEVED FROM LIABILITY UNDER THIS PARAGRAPH BECAUSE IT SUBMITTED ITS APPLICATION UNDER A MISTAKEN BELIEF OF FACT. FURTHERMORE, ANY PERSON OR ENTITY THAT FILES MORE THAN SIX APPLICATIONS CONTAINING SUCH A MATERIAL MISSTATEMENT OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM SUBMITTING ANY NEW APPLICATION FOR REHABILITATION PROGRAM BENEFITS ON BEHALF OF ANY ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS. (L) INVESTIGATORY AUTHORITY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO ALLOW THE LOCAL HOUSING AGENCY TO REQUIRE SUCH CERTIFICATIONS AND CONSENTS NECESSARY TO ACCESS RECORDS, INCLUDING OTHER TAX RECORDS, AS MAY BE DEEMED APPROPRIATE TO ENFORCE THE ELIGIBILITY REQUIREMENTS OF THIS SUBDIVISION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL FURTHER PROVIDE THAT, FOR PURPOSES OF DETERMINING AND CERTIFYING ELIGIBILITY FOR REHA- BILITATION PROGRAM BENEFITS AND THE REASONABLE COST OF ANY ELIGIBLE CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO: (1) ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON, INCLUD- ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING; (2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS AND THE PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM NECESSARY; (3) MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION; (4) ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES OR WORK IN SUCH ELIGIBLE CONSTRUCTION; (5) REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH ELIGI- BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF; (6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND (7) ON AN ANNUAL BASIS, REQUIRE THE SUBMISSION OF LEASES FOR ANY DWELLING UNIT IN A BUILDING GRANTED A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST. (M) TERMINATION OR REVOCATION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE THAT FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDINANCE, ANY RULES AND REGULATIONS PROMULGATED THEREUNDER, OR ANY MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDE- VELOPMENT COMPANY REGULATORY AGREEMENT ENTERED INTO THEREUNDER, MAY RESULT IN REVOCATION OF ANY REHABILITATION PROGRAM BENEFITS RETROACTIVE TO THE COMMENCEMENT THEREOF. SUCH TERMINATION OR REVOCATION SHALL NOT S. 4006--A 94 A. 3006--A EXEMPT SUCH ELIGIBLE BUILDING FROM CONTINUED COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION, SUCH LOCAL LAW OR ORDINANCE, SUCH RULES AND REGULATIONS, AND SUCH MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT. (N) CRIMINAL LIABILITY FOR UNAUTHORIZED USES. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO PROVIDE THAT IN THE EVENT THAT ANY RECIPIENT OF REHABILITATION PROGRAM BENEFITS USES ANY DWELLING UNIT IN SUCH ELIGIBLE BUILDING IN VIOLATION OF THE REQUIREMENTS OF SUCH LOCAL LAW OR ORDINANCE AS ADOPTED PURSUANT TO THIS SUBDIVISION AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, SUCH RECIPIENT SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN AN AMOUNT EQUIVALENT TO DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT FROM SUCH UNLAWFUL USE OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH. (O) PRIVATE RIGHT OF ACTION. ANY PROSPECTIVE, PRESENT, OR FORMER TENANT OF AN ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE- MENTS AND PROHIBITIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDI- NANCE, OR ANY RULES AND REGULATIONS PROMULGATED THEREUNDER, IN THE SUPREME COURT OF NEW YORK. ANY SUCH INDIVIDUAL HARMED BY REASON OF A VIOLATION OF SUCH REQUIREMENTS AND PROHIBITIONS MAY SUE THEREFOR IN THE SUPREME COURT OF NEW YORK ON BEHALF OF HIMSELF OR HERSELF, AND SHALL RECOVER THREEFOLD THE DAMAGES SUSTAINED AND THE COST OF THE SUIT, INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUSING AGENCY MAY USE ANY COURT DECISION UNDER THIS PARAGRAPH THAT IS ADVERSE TO THE OWNER OF AN ELIGIBLE BUILDING AS THE BASIS FOR FURTHER ENFORCEMENT ACTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION BY A TENANT OF AN ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH MUST BE COMMENCED WITHIN SIX YEARS FROM THE DATE OF THE LATEST VIOLATION. (P) APPOINTMENT OF RECEIVER. IN ADDITION TO THE REMEDIES FOR NON-COM- PLIANCE PROVIDED FOR IN SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT THE LOCAL HOUSING AGENCY MAY MAKE APPLICATION FOR THE APPOINTMENT OF A RECEIVER IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. ANY RECEIVER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE AUTHORIZED, IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW, TO EFFECT COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, SUCH LOCAL LAW OR ORDINANCE, AND RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY. ANY EXPENDITURES INCURRED BY THE RECEIVER TO EFFECT SUCH COMPLIANCE SHALL CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON THE PROPERTY, AND UPON THE RENTS AND INCOME THEREOF, IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. THE LOCAL HOUSING AGENCY IN ITS DISCRETION MAY PROVIDE FUNDS TO BE EXPENDED BY THE RECEIVER, AND SUCH FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN ACCORD- ANCE WITH APPLICABLE LOCAL LAWS OR ORDINANCES. (R) AUTHORITY OF CITY TO LIMIT LOCAL LAW. WHERE A CITY ENACTS OR AMENDS A LOCAL LAW OR ORDINANCE UNDER THIS SUBDIVISION, SUCH LOCAL LAW OR ORDINANCE MAY RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY, SCOPE OR AMOUNT OF REHABILITATION PROGRAM BENEFITS UNDER THE LOCAL LAW OR ORDI- NANCE IN ANY MANNER, PROVIDED THAT THE LOCAL LAW OR ORDINANCE MAY NOT GRANT REHABILITATION PROGRAM BENEFITS BEYOND THOSE PROVIDED IN THIS SUBDIVISION. § 2. This act shall take effect immediately. PART N Section 1. The real property tax law is amended by adding a new section 421-p to read as follows: S. 4006--A 95 A. 3006--A § 421-P. EXEMPTION OF NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS. 1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED IN A BENEFIT AREA DESIGNATED IN SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY RESOLUTION. (B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES. (C) THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL OF THE UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND AT LEAST TWENTY PERCENT OF SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE BENEFIT PERIOD IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, ON AVERAGE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE BENEFIT PERIOD SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSE- HOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH RESTRICTION PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT. 2. ELIGIBLE NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS IN A DESIG- NATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE UNDER CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF TWENTY-FIVE YEARS, PROVIDED, THAT THE EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF TWENTY- FIVE YEARS SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE BY FOUR PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER: (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS THEREON DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION. (B) NO OTHER EXEMPTION MAY BE GRANTED CONCURRENTLY TO THE SAME IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW. 3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, SUCH CONSTRUCTION SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERUTILIZED LAND, OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING ONE OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY. 4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE. 5. IN THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS USED PARTIALLY AS A RENTAL MULTIPLE DWELLING AND PARTIALLY FOR COMMERCIAL OR OTHER PURPOSES, THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED AS S. 4006--A 96 A. 3006--A A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHOR- IZED BY THIS SECTION IF: (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL- ING REPRESENTS AT LEAST FIFTY PERCENT OF THE SQUARE FOOTAGE OF THE ENTIRE PROPERTY; (B) THE RENTAL UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES AS DETERMINED ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION; AND (C) THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED WITH RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL- ING. 6. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. 7. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION. § 2. This act shall take effect immediately. PART O Section 1. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL NEW CONSTRUCTION INVOLVING THE CREATION OF ACCESSORY DWELLING UNITS. 1. RESIDENTIAL BUILDINGS RECONSTRUCTED, ALTERED, IMPROVED, OR NEWLY CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL- ING UNITS ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN- ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY- TWO OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOL- UTION SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED. 2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FIVE YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION FOR SUCH ADDITIONAL RESIDENTIAL UNIT OR UNITS THAT PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING: (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS DURING SUCH ADDITIONAL PERIOD AND SHALL BE DECREASED BY A FURTHER TEN PER CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE FINAL TWO YEARS OF SUCH ADDITIONAL PERIOD. THE EXEMPTION SHALL EXPIRE AT THE END OF THE EXTENDED PERIOD. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED S. 4006--A 97 A. 3006--A VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM OF THE EXEMPTION, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) IN ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS- ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE IMMEDIATELY PRECEDING ASSESSMENT ROLL), AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL ASSESS- MENT ROLL. THE RESULT SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION SHALL THEREUPON BE RECOMPUTED TO TAKE INTO ACCOUNT THE NEW EXEMPTION BASE, NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION IS RECEIVED, THE ASSESSOR SHALL CERTIFY THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS HAVING CUSTODY AND CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE HEREBY DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI- FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF HE OR SHE BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS. (III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND DOLLARS IN INCREASED MARKET VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE FOR THE EXEMPTION PURSUANT TO THIS SECTION. FOR THE PURPOSES OF THIS SECTION, THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE EQUAL TO THE INCREASED ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT OR NEW CONSTRUCTION DIVIDED BY THE CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY ESTAB- LISHED STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE IN THE REMAINDER OF THE STATE, EXCEPT WHERE THE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE EQUALS OR EXCEEDS NINETY-FIVE PERCENT, IN WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT OR NEW CONSTRUCTION SHALL BE DEEMED TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVE- MENT, OR NEW CONSTRUCTION. (B) NO SUCH EXEMPTION SHALL BE GRANTED FOR RECONSTRUCTION, ALTER- ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS: (I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND (III) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL DWELLING UNITS ON THE SAME PARCEL AS THE PREEXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS. (C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION, IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS. S. 4006--A 98 A. 3006--A 3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA- TION SHALL BE FILED WITH THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY. 4. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU- ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN. 5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN- TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES. 6. IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES, OR TITLE THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. 7. (A) A COUNTY, CITY, TOWN OR VILLAGE MAY, BY ITS LOCAL LAW, OR SCHOOL DISTRICT, BY ITS RESOLUTION: (I) REDUCE THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO THIS SECTION; (II) LIMIT ELIGIBILITY FOR THE EXEMPTION TO THOSE FORMS OF RECON- STRUCTION, ALTERATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION AS ARE PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION. (B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION GRANTED PURSUANT TO THIS SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH SUCH EXEMPTION WAS GRANTED. § 2. This act shall take effect immediately and shall apply to assess- ment rolls based on taxable status dates occurring on or after such effective date. PART P Section 1. Paragraph a of subdivision 3 of section 224-a of the labor law, as added by section 1 of Part FFF of chapter 58 of the laws of 2020, is amended to read as follows: a. Benefits under section four hundred twenty-one-a OR FOUR HUNDRED SIXTY-SEVEN-M of the real property tax law; § 2. The real property tax law is amended by adding a new section 467-m to read as follows: § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE S. 4006--A 99 A. 3006--A WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL OCCUPANCY AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE- NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH. I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-TWO; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-EIGHT. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- S. 4006--A 100 A. 3006--A TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI- OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST FIFTEEN YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHAT- TAN PRIME DEVELOPMENT AREA, A THIRTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT- TAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-EIGHT PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE SEVENTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-ONE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FOURTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VI) FOR THE NINETEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. V. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFACTURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGENCY. W. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. X. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS S. 4006--A 101 A. 3006--A IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. Y. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. Z. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE FOLLOWING AFFORDABILITY REQUIREMENTS DURING THE RESTRICTION PERIOD: A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS S. 4006--A 102 A. 3006--A AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; AND (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI- TOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. S. 4006--A 103 A. 3006--A 7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE- MENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE NINETEEN-YEAR BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE- GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI- SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT S. 4006--A 104 A. 3006--A ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. 8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD- ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. 13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA- TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- S. 4006--A 105 A. 3006--A MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE NINETEEN-YEAR BENEFIT, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIRE- MENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION FIFTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. § 3. This act shall take effect immediately. PART Q 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, 2024. 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 2022-2023 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, 2023. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation S. 4006--A 106 A. 3006--A program, a sum not to exceed $5,360,000 for the fiscal year ending March 31, 2024. 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 2022-2023 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, 2023. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $21,710,000 for the fiscal year ending March 31, 2024. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $21,710,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating, as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than June 30, 2023. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $50,781,000 for the fiscal year ending March 31, 2024. 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 S. 4006--A 107 A. 3006--A of directors of the state of New York mortgage agency shall authorize the transfer to the homeless housing and assistance corporation, a total sum not to exceed $50,781,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practi- cable but no later than March 31, 2024. § 5. This act shall take effect immediately. PART R Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of section 421-a of the real property tax law, as amended by section 3 of part TTT of chapter 59 of the laws of 2017, is amended to read as follows: (xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion for which the commence- ment date is after December thirty-first, two thousand fifteen and on or before June fifteenth, two thousand twenty-two, and for which the completion date is on or before June fifteenth, two thousand [twenty- six] THIRTY. § 2. This act shall take effect immediately. PART S Section 1. Section 652 of the labor law is amended by adding a new subdivision 1-a to read as follows: 1-A. ANNUAL MINIMUM WAGE INCREASE. (A) NEW YORK CITY. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER REGARD- LESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR. (B) REMAINDER OF DOWNSTATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHES- TER, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM WAGE RATE BY THE S. 4006--A 108 A. 3006--A LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR. (C) REMAINDER OF STATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY-THREE, IN THE YEAR FOLLOWING THE YEAR THE MINIMUM WAGE RATE EQUALS FIFTEEN DOLLARS FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER PURSUANT TO SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX AS CALCU- LATED BY THE UNITED STATES DEPARTMENT OF LABOR. (D) NOTWITHSTANDING PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION, THE MINIMUM WAGE FOR A HOME CARE AIDE AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW SHALL BE SET BY SUBDIVISIONS TWO AND THREE OF SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THE PUBLIC HEALTH LAW. (E) EXCEPTIONS. NOTWITHSTANDING PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION, THERE SHALL BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE FOR THE FOLLOWING YEAR IF: (I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY FOR THE NORTHEAST REGION CPI-W IS NEGATIVE; (II) THE THREE-MONTH MOVING AVERAGE OF THE SEASONALLY ADJUSTED NEW YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE OF LABOR UNDERUTILIZATION FOR THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR RISES BY ONE-HALF PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI- OUS TWELVE MONTHS; OR (III) SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY- MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART- MENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN JANUARY. (F) THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES NO LATER THAN THE FIRST OF OCTOBER OF EACH YEAR TO TAKE EFFECT ON THE THIR- TY-FIRST DAY OF DECEMBER. THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES THAT WILL GO INTO EFFECT ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-THREE. § 2. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi- sion 2 as amended by chapter 38 of the laws of 1990, the opening para- graph of subdivision 2 as amended by section 6 of part II of chapter 58 of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of part K of chapter 54 of the laws of 2016, are amended to read as follows: S. 4006--A 109 A. 3006--A 2. Existing wage orders. The minimum wage orders in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article; provided, however, that the minimum wage order for farm workers codified at part one hundred ninety of title twelve of the New York code of rules and regulations in effect on January first, two thousand twenty shall be deemed to be a wage order established and adopted under this article and shall remain in full force and effect except as modified in accordance with the provisions of this article or article nineteen-A of this chap- ter. Such minimum wage orders shall be modified by the commissioner to increase all monetary amounts specified therein in the same proportion as the increase in the hourly minimum wage as provided in [subdivision] SUBDIVISIONS one AND ONE-A of this section, including the amounts speci- fied in such minimum wage orders as allowances for gratuities, and when furnished by the employer to its employees, for meals, lodging, apparel and other such items, services and facilities. All amounts so modified shall be rounded off to the nearest five cents. The modified orders shall be promulgated by the commissioner without a public hearing, and without reference to a wage board, and shall become effective on the effective date of such increases in the minimum wage except as otherwise provided in this subdivision, notwithstanding any other provision of this article. 4. Notwithstanding subdivisions one, ONE-A and two of this section, the wage for an employee who is a food service worker receiving tips shall be a cash wage of at least two-thirds of the minimum wage rates set forth in subdivision one of this section, rounded to the nearest five cents or seven dollars and fifty cents, whichever is higher, provided that the tips of such an employee, when added to such cash wage, are equal to or exceed the minimum wage in effect pursuant to [subdivision] SUBDIVISIONS one AND ONE-A of this section and provided further that no other cash wage is established pursuant to section six hundred fifty-three of this article. 5. Notwithstanding subdivisions one, ONE-A and two of this section, meal and lodging allowances for a food service worker receiving a cash wage pursuant to subdivision four of this section shall not increase more than two-thirds of the increase required by subdivision two of this section as applied to state wage orders in effect pursuant to [subdivi- sion] SUBDIVISIONS one AND ONE-A of this section. § 3. Section 3614-f of the public health law, as added by section 1 of part XX of chapter 56 of the laws of 2022, is amended to read as follows: § 3614-f. Home care minimum wage increase. 1. For the purpose of this section, "home care aide" shall have the same meaning as defined in section thirty-six hundred fourteen-c of this article. 2. [In addition to the otherwise applicable minimum wage under section six hundred fifty-two of the labor law, or any otherwise applicable wage rule or order under article nineteen of the labor law] NOTWITHSTANDING ANY INCREASE TO THE MINIMUM WAGE UNDER PARAGRAPH (A), (B), OR (C) OF SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, the minimum wage for a home care aide shall be increased by an amount of three dollars and zero cents FROM THE MINIMUM WAGE ESTABLISHED UNDER SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW FOR EACH REGION OF THE STATE in accordance with the following schedule: S. 4006--A 110 A. 3006--A (a) beginning October first, two thousand twenty-two, the minimum wage for a home care aide shall be increased by an amount of two dollars and zero cents, and (b) beginning October first, two thousand twenty-three, the minimum wage for a home care aide shall be increased by an additional amount of one dollar and zero cents. 3. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE MINIMUM WAGE FOR A HOME CARE AIDE SHALL BE THE GREATER OF EITHER: (A) THE RATE ESTABLISHED IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION; OR (B) THE RATE ESTABLISHED IN ACCORDANCE WITH SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW. 4. AT NO TIME SHALL THE MINIMUM WAGE FOR A HOME CARE AIDE BE HIGHER THAN EIGHTEEN DOLLARS UNTIL SUCH TIME AS THE MINIMUM WAGE RATE PURSUANT TO SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW IN THE LOCALITY OF THE STATE IN WHICH SUCH HOME CARE AIDE WORKS IS HIGH- ER THAN EIGHTEEN DOLLARS. 5. Where any home care aide is paid less than WHAT IS required [by subdivision] UNDER SUBDIVISIONS two AND THREE of this section, the home care aide, or the commissioner of labor acting on behalf of the home care aide, may bring a civil action under article six or nineteen of the labor law; provided that this shall not preclude the commissioner of labor from taking direct administrative enforcement action under article six of the labor law. § 4. This act shall take effect immediately. PART T Section 1. Legislative findings. The legislature finds that both with- in the city of New York and across the United States, over the past several decades, income inequality has expanded and that poverty is frequently concentrated in economically disadvantaged regions. The legislature also finds that economic disparities among individuals and across communities have further expanded due to the economic and health effects of the virus known as COVID-19. The purpose of this legislation is to remediate these economic disparities by authorizing the city of New York, the city school district of the city of New York, the New York city school construction authority, the New York city health and hospi- tals corporation, the New York city industrial development agency, and other city-affiliated not-for-profit corporations to use the economic power of their transactions to implement programs by administrative rule requiring contractors and subcontractors benefitting from such trans- actions to make best efforts to employ qualified economically disadvan- taged candidates and qualified candidates from economically disadvan- taged regions. § 2. The New York city charter is amended by adding a new chapter 79 to read as follows: CHAPTER 79 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT § 3501. ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS AN INDIVIDUAL WHO FILLS A BUILDING SERVICE OPPORTUNITY AND WHO: (1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR (2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN- MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE- S. 4006--A 111 A. 3006--A MENT CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION AT ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT. APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT. APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF THE LABOR LAW, THAT HAS BEEN REGISTERED WITH, AND APPROVED BY, THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN- TY-THREE OF THE LABOR LAW. BUILDING SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE OPPORTUNITY" MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK. BUILDING SERVICE OPPORTUNITY LABOR HOUR. THE TERM "BUILDING SERVICE OPPORTUNITY LABOR HOUR" MEANS A LABOR HOUR PERFORMED BY AN INDIVIDUAL EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY. BUILDING SERVICE WORK. THE TERM "BUILDING SERVICE WORK" MEANS THE CLASSIFICATIONS OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS IDENTI- FIED AS CONSISTENT WITH SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE WORK FOR WHICH WORKERS ARE ENTITLED TO PREVAILING WAGE PURSUANT TO ARTICLE NINE OF THE LABOR LAW. CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM "CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION" MEANS A LOCAL DEVELOPMENT CORPORATION OR OTHER NOT-FOR-PROFIT CORPORATION, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE MAYOR. CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS: (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND (2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE, PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK. CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO- RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE: (1) ANY GOVERNMENTAL ENTITY; (2) ANY MICROBUSINESS, OTHER THAN A MICROBUSINESS PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (3) ANY LABOR ORGANIZATION. DIRECTOR. THE TERM "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE. ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN- TAGED CANDIDATE" MEANS AN INDIVIDUAL: (1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI- TATIVE THRESHOLD DETERMINED BY THE DIRECTOR, PROVIDED THAT SUCH INCOME SHALL NOT INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY THE FEDERAL GOVERNMENT OR A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY THE DIREC- TOR; AND (2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS. ECONOMICALLY DISADVANTAGED REGION. THE TERM "ECONOMICALLY DISADVAN- TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE, IN WHICH AT LEAST FIFTEEN PERCENT OF RESIDENTS HAVE HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY THRESHOLD. ECONOMICALLY DISADVANTAGED REGION CANDIDATE. THE TERM "ECONOMICALLY DISADVANTAGED REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A: S. 4006--A 112 A. 3006--A (1) RESIDENT OF AN ADDRESS WITHIN AN ECONOMICALLY DISADVANTAGED REGION; (2) RESIDENT OF A BUILDING THAT IS: (I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND (II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE- TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR (3) RESIDENT OF A DWELLING UNIT THAT IS: (I) SUBJECT TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH UNIT BE RESTRICTED BASED ON THE INCOME OF THE OCCUPANTS; AND (II) LOCATED IN A BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINETEEN HUNDRED THIRTY-SEVEN, AS AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT. EMPLOYMENT OPPORTUNITY. THE TERM "EMPLOYMENT OPPORTUNITY" MEANS A VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION. EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY: (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW; (2) CONTRACT FOR THE PERFORMANCE OF SERVICES BY A CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION; (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS; (4) CONTRACT IN AN AMOUNT BELOW THE SMALL PURCHASE THRESHOLD SET PURSUANT TO THE AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF SECTION THREE HUNDRED FOURTEEN OF THIS CHARTER; (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR ANY OTHER TYPE OF CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A DETERMINATION THAT THE APPLICATION OF GOALS UNDER THIS PROGRAM WOULD SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT; (6) CONTRACT SUBJECT TO FEDERAL OR STATE FUNDING REQUIREMENTS THAT PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF GOALS UNDER THIS PROGRAM; (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART- MENT OF HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER; OR (8) A CONTRACT FOR WHICH CONTRACTOR SELECTION IS MADE BY AN ELECTED OFFICIAL OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY, EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR. LABOR ORGANIZATION. THE TERM "LABOR ORGANIZATION" HAS THE MEANING PROVIDED IN SECTION ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE UNITED STATES CODE, OR ANY SUCCESSOR PROVISION. MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES: (1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR; (2) ANY AGENCY HEADED BY A BOARD, COMMISSION, OR OTHER MULTI-MEMBER BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR; AND (3) THE OFFICE OF THE MAYOR. MICROBUSINESS. THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP, OR OTHER ENTITY THAT EMPLOYS NO LESS THAN ONE EMPLOYEE AND NO MORE THAN NINE EMPLOYEES. MWBE. THE TERM "MWBE" MEANS A BUSINESS CERTIFIED AS A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER. PROJECT LABOR AGREEMENT. THE TERM "PROJECT LABOR AGREEMENT" MEANS A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN THE CITY AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION S. 4006--A 113 A. 3006--A ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT: (1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE- NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK ON SUCH TRANSACTION; AND (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD- VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK. REFERRAL SOURCE. THE TERM "REFERRAL SOURCE" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP, AGENCY, UNION REFERRAL SYSTEM, OR OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHAPTER TO MAKE REFERRALS OF CANDIDATES TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS FOR THE PURPOSES OF MEETING THE APPLICABLE EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGU- LATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, SHALL BE DEEMED AN APPROVED REFERRAL SOURCE FOR THE PURPOSES OF PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHAPTER. SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT: (1) IS INDEPENDENTLY OWNED AND OPERATED; AND (2) HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE. SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE- MENT WITH A CONTRACTOR OR ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR THE TOTAL DOLLAR VALUE OF SUCH AGREEMENT EXCEEDS TWENTY THOUSAND DOLLARS, AND FURTHER PROVIDED THAT THE TERM "SUBCONTRACTOR" DOES NOT INCLUDE: (1) EMPLOYEES; (2) GOVERNMENTAL ENTITIES; (3) MICROBUSINESSES, OTHER THAN MICROBUSINESSES PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (4) LABOR ORGANIZATIONS. TRANSACTION. THE TERM "TRANSACTION" MEANS, A PROCUREMENT CONTRACT EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS- ACTION. § 3502. OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. A. OFFICE ESTABLISHED. THE MAYOR SHALL ESTABLISH AN OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS APPOINTED BY THE MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED BY THE MAYOR OR HEAD OF SUCH DEPARTMENT. THE DIRECTOR SHALL, AS THE DIRECTOR DEEMS APPROPRIATE, ADOPT RULES CONSISTENT WITH THE PURPOSE OF THIS CHAPTER RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES: (1) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO PUBLICLY DISCLOSE EMPLOYMENT OPPORTUNITIES; (2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF INDIVIDUALS AS ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION CANDIDATES, OR BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL, S. 4006--A 114 A. 3006--A TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS- TRATIVE PROCESSES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS; (3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE REFER- RAL SOURCES FOR THE PURPOSES OF THIS SECTION, WHEREBY THE DIRECTOR SHALL: (I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION THAT INCLUDES A DESCRIPTION OF FUNCTIONS OF A REFERRAL SOURCE, THE MANNER IN WHICH RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING ENTI- TIES WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI- ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED IN THE SOLICITATION; (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE; (III) AUTHORIZE, IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE- MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR OTHER WORK- FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR (IV) IDENTIFY AND DEEM UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN- TICE PROGRAMS AND THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGULATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS APPROVED REFERRAL SYSTEMS; (4) ESTABLISHING A PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE INFORMATION REGARDING REFERRAL SOURCES TO CONTRACTORS, SUBCONTRACTORS, PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS; (5) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE PERFORMANCE OF EACH REFERRAL SOURCE ON AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR SUSPEND THE REFERRAL SOURCE; (6) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW, AS APPROPRIATE, AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING SERVICE WORK BASED ON: (I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR (II) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITY LABOR HOURS PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING SUCH GOALS, BUILDING SERVICE OPPORTUNITY LABOR HOURS PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED; (7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN THIRTY PERCENT OF THE CUMULATIVE HOURS OF CONSTRUCTION LABOR ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI- MUM RATIOS OF APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCON- TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI- FIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN NINE PERCENT OF SUCH CUMULATIVE HOURS OF CONSTRUCTION LABOR, PROVIDED THAT LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES SHALL BE CREDITED TOWARDS THE ACHIEVEMENT OF BOTH EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND FURTHER PROVIDED THAT PRIOR TO RELEASING A SOLICITATION FOR A TRANS- S. 4006--A 115 A. 3006--A ACTION OR OTHERWISE INITIATING A PROCESS FOR ENTERING INTO A TRANS- ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE SUCH REQUIREMENTS WHERE THE DIRECTOR DETERMINES IN WRITING THAT SUCH WAIVER IS IN THE BEST INTEREST OF THE CITY; (8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO WORK THAT NEITHER INVOLVES CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS BASED ON: (I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH CANDIDATES; (II) THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH CANDI- DATES; OR (III) THE TOTAL VALUE OF THE TRANSACTION; (9) REQUIRING SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER- VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED CANDIDATES IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH SIX OR EIGHT OF THIS SUBDIVISION AND ESTABLISHED PURSUANT TO RULES ADOPTED BY THE DIRECTOR; (10) ESTABLISHING A SCHEDULE OF CIVIL PENALTIES, BASED ON FACTORS INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S INDUSTRY OR ANY RELEVANT OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR OR AN APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC- TOR'S OR SUBCONTRACTOR'S NON-COMPLIANCE WITH AN OBLIGATION CREATED PURSUANT TO THIS SECTION AND A PROCEDURE FOR THE IMPOSITION OF SUCH PENALTIES, WHICH WILL NOT EXCLUDE OTHER REMEDIES ESTABLISHED IN THIS CHARTER OR ANY OTHER LAW, PROVIDED THAT ANY CIVIL PENALTIES IMPOSED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT WHEN PROMUL- GATING RULES ESTABLISHING OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL- TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT CORPO- RATIONS, OR SMALL BUSINESSES; (11) DESIGNATING PAPER OR ELECTRONIC FORMATS FOR THE SUBMISSION OF DOCUMENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT TO PARAGRAPHS SIX THROUGH NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO PARA- GRAPHS ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA- GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION; SOLICITATION DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND DATA RELATED TO LABOR PERFORMED PURSUANT TO TRANSACTIONS, INCLUDING PAYROLL REPORTS, AS APPLICABLE; AND (12) (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING: (I) THE SCOPE OF THE TRANSACTION; (II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI- DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES; (III) THE NATURE OF ANY EMPLOYMENT OPPORTUNITIES THAT THE DIRECTOR EXPECTS WILL RESULT FROM THE TRANSACTION; (IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND SUBCONTRAC- TORS, AS APPLICABLE, THAT ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR SMALL BUSINESSES; AND (V) ANY OTHER SIMILAR FACTORS. S. 4006--A 116 A. 3006--A (B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI- VIDUAL TRANSACTION, THE AGENCY ENTERING INTO THE TRANSACTION SHALL CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR TRANSACTIONS AND WHETHER SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS. B. LISTS OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE DURING EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT INCLUDING AN UPDATED LIST OF ALL ECONOMICALLY DISADVANTAGED REGIONS WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY OR ALL SUCH ECONOM- ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL PRECLUDE AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD- VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS AN ECONOMICALLY DISADVANTAGED REGION CANDIDATE FOR THE PURPOSES OF GOALS SET FORTH UNDER THIS SECTION. C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC- TIVE DATE OF THIS SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT ON A WEBSITE MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT TO A GOAL ESTABLISHED PURSUANT TO PARAGRAPH SIX, SEVEN, OR EIGHT OF SUBDIVI- SION A OF THIS SECTION, INFORMATION DEMONSTRATING THE CORRESPONDING CONTRACTOR'S PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE- GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, ECONOMICALLY DISADVANTAGED CANDIDATES, AND APPRENTICES WHO ARE ECONOMICALLY DISADVANTAGED REGION CANDIDATES, AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON SUCH TRANSACTION. IN COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS FEASIBLE, USE DATA SOURCES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS AND SUBCONTRACTORS, PROVIDED THAT WHERE THE DIRECTOR DETERMINES THAT SUCH DATA SOURCES CANNOT BE USED TO COMPLETE SUCH REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS AND SUBCON- TRACTORS TO PROVIDE SUCH ADDITIONAL DATA NECESSARY TO COMPLETE THIS REPORT, AND TO CERTIFY THE ACCURACY OF SUCH ADDITIONAL INFORMATION. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC- TOR TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR- MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS. D. BEST EFFORTS. (1) IN DETERMINING WHETHER A CONTRACTOR OR SUBCON- TRACTOR HAS EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB- LISHED PURSUANT TO SUBDIVISION A OF THIS SECTION, THE DIRECTOR SHALL CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED: (A) TO REVIEW ECONOMICALLY DISADVANTAGED REGION CANDIDATES' AND ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN GOOD FAITH; (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A MANNER REASONABLY INTENDED TO ATTRACT QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT THAT CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT SHALL NOT BE REQUIRED TO ADVERTISE EMPLOYMENT OPPORTUNITIES FOR CONSTRUCTION WORK; (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI- S. 4006--A 117 A. 3006--A DATES IDENTIFIED BY SUCH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT, THE DIRECTOR SHALL ONLY CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED TO MEET SUCH GOALS BY COMPLYING WITH THE REFERRAL PROVISIONS OF SUCH PROJECT LABOR AGREEMENT; (D) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS; (E) TO MONITOR AND TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; (F) TO CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP- MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE, TO INFORM THE DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; AND (G) TO TAKE ALL OTHER COMMERCIALLY REASONABLE ACTIONS TO MEET THE EMPLOYMENT GOALS. (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON- TRACTORS ARE REQUIRED: (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN; (B) TO TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES; (C) TO EXTEND AN OFFER OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR WOULD NOT BE COMMERCIALLY USEFUL; OR (D) TO FORGO FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION HIRES. E. DISCRETIONARY APPLICATION OF GOALS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE NOT REQUIRED TO BE, ESTABLISHED FOR TRANSACTIONS THAT ARE EMERGENCY PROCUREMENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER. F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR DECREAS- ING THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES SETTING FORTH STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY WAGES, INCLUDING BUT NOT LIMITED TO PREVAILING WAGES AND BENEFITS REQUIRED PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING CONSTRUCTION LABOR UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE CREDIT TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA- GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. § 3. Paragraph 1 of subdivision b of section 311 of the New York city charter, as amended by local law number 20 of the city of New York for the year 2004, is amended to read as follows: 1. the methods for soliciting bids or proposals and awarding contracts, consistent with the provisions of this chapter, PROVIDED THAT THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE AWARD METHODOLOGY FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR PROPOSER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHARTER, AND FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL S. 4006--A 118 A. 3006--A CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSI- NESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU- ANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THIS CHARTER; § 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of section 2590-h of the education law, as amended by chapter 98 of the laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are added to read as follows: (x) a process for emergency procurement in the case of an unforeseen danger to life, safety, property or a necessary service provided that such procurement shall be made with such competition as is practicable under the circumstances and that a written determination of the basis for the emergency procurement shall be required and filed with the comp- troller of the city of New York when such emergency contract is filed with such comptroller; [and] (xi) procedures for the fair and equitable resolution of contract disputes[.]; (XII) EMPLOYMENT GOALS ESTABLISHED IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR OR HIS OR HER DESIGNEE; AND (XIII) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS, PROPOSALS OR OTHER OFFERS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER, PROPOSER OR OTHER OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII) OF THIS PARA- GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD PROCESS FOR A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR- PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF SUCH CHARTER. § 5. Subdivision (c) of section 917 of the general municipal law, as separately amended by chapter 1082 of the laws of 1974 and chapter 239 of the laws of 2001, is amended to read as follows: (c) For the benefit of the city and the inhabitants thereof an indus- trial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any or all of the purposes specified in title one of article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it S. 4006--A 119 A. 3006--A shall have the power to finance a rail freight facility AND THE POWER TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHAR- TER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV- ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC- TOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF EXECU- TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article eighteen-A of this chapter such agency shall be limited to the geograph- ical jurisdictional limits of the city. § 6. Section 816-b of the labor law, as added by chapter 571 of the laws of 2001, is amended to read as follows: § 816-b. Apprenticeship participation on [construction] CERTAIN GOVERNMENTAL contracts. 1. For purposes of this section: (a) "governmental entity" shall mean the state, any state agency, as that term is defined in section two-a of the state finance law, munici- pal corporation, commission appointed pursuant to law, school district, district corporation, board of education, board of cooperative educa- tional services, soil conservation district, and public benefit corpo- ration; [and] (b) "construction contract" shall mean any contract to which a govern- mental entity may be a direct or indirect party which involves the design, construction, reconstruction, improvement, rehabilitation, main- tenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind; AND (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I) A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION OPERATING PRIMARILY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS. 2. Notwithstanding any other provision of this article, of section one hundred three of the general municipal law, of section one hundred thir- ty-five of the state finance law, of section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity [which] THAT is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such contract, apprenticeship agreements appro- priate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT THAT, IN PERFORMING THE WORK, THE CONTRACTOR AND ITS SUBCONTRACTORS UTILIZE A MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS ESTABLISHED BY THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO ESTABLISHED BY THE DEPARTMENT, FOR ANY CLASSIFICATION APPROPRIATE FOR THE TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH MINI- MUM RATIO SHALL BE ESTABLISHED FOR LABOR PERFORMED PURSUANT TO A CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE EMPLOYMENT OF APPREN- TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz- ing [this requirement] THESE REQUIREMENTS, the governmental entity may, S. 4006--A 120 A. 3006--A in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. § 7. Notwithstanding any provision of law to the contrary, any city- affiliated not-for-profit corporation, as such term is defined in section 3501 of the New York city charter, is authorized to establish employment goals in accordance with the program established pursuant to section 3502 of such charter, including but not limited to employment goals established pursuant to paragraph 7 of subdivision a and the corresponding best efforts provisions set forth in subdivision d of such section; provided, however, that where a provision of such section requires action by the director of the office of community hiring and workforce development of the city of New York, such action shall not be taken by the director of the office of community hiring and workforce development but shall be taken by the chief executive officer of such corporation, or a duly appointed designee. § 8. Section 1728 of the public authorities law is amended by adding a new subdivision 15-a to read as follows: 15-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE PRESIDENT OF THE AUTHORITY OR HIS OR HER DESIGNEE; § 9. The opening paragraph of paragraph d of subdivision 5 of section 1734 of the public authorities law, as added by chapter 738 of the laws of 1988, is amended to read as follows: the authority determines that it is in the public interest to award contracts pursuant to a process for competitive requests for proposals as hereinafter set forth. For purposes of this section, a process for competitive requests for proposals shall mean a method of soliciting proposals and awarding a contract on the basis of a formal evaluation of the characteristics, such as quality, cost, delivery schedule, THE CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of such proposals against stated selection criteria. Public notice of the requests for proposals shall be given in the same manner as provided in subdivision three of this section and shall include the selection crite- ria. In the event the authority makes a material change in the selection criteria from those previously stated in the notice, it will inform all proposers of such change and permit proposers to modify their proposals. WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST FOR PROPOSALS A QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN- TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE AUTHORITY SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI- FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, OR SECTION SEVENTEEN HUNDRED FORTY-THREE OF THIS TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR- TER. S. 4006--A 121 A. 3006--A § 10. Section 5 of section 1 of chapter 1016 of the laws of 1969 constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 20-a to read as follows: 20-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY A DULY APPOINTED DESIGNEE OF THE CORPORATION; AND § 11. Section 8 of section 1 of chapter 1016 of the laws of 1969 constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE CORPORATION MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A OF SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUANTI- TATIVE FACTOR, THE CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR- TER; § 12. Subdivision b of section 2 of chapter 749 of the laws of 2019 constituting the New York city public works investment act, is amended by adding a new paragraph 12-a to read as follows: (12-A) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION 3502 OF THE NEW YORK CITY CHARTER; § 13. No provision of this act shall be construed to invalidate any provision of a project labor agreement, as such term is defined in section 3501 of the New York city charter, as added by section two of this act, or otherwise affect the contractual rights of any party to such an agreement. § 14. Severability. If any clause, sentence, paragraph, or section of this act is declared invalid or unconstitutional by any court of compe- tent jurisdiction, after exhaustion of all further judicial review, such portion shall be deemed severable, and the court's judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or section of this act directly involved in the controversy in which the judgment was rendered. § 15. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that: (a) sections one, two, three, five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of this act shall expire and be deemed repealed seven years after this act takes effect, provided that such expiration and repeal shall not affect any transaction, as such term is defined by section 3501 of the New York city charter, as added by section two of this act, entered into or for which a solicitation was S. 4006--A 122 A. 3006--A released prior to such expiration and repeal, or to any renewals, exten- sions, modifications, or amendments to such transaction; (b) the amendments to paragraph a of subdivision 36 of section 2590-h of the education law made by section four of this act shall not affect the expiration of such subdivision and section pursuant to section 34 of chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap- ter 345 of the laws of 2009, as amended, and shall expire and be deemed repealed therewith, or seven years after this act takes effect, whichev- er occurs earlier, provided that such expiration and repeal shall not affect any transaction entered into or for which a solicitation was released prior to such expiration and repeal, or to any renewals, exten- sions, modifications, or amendments to such transaction; and (c) the amendments to chapter 749 of the laws of 2019 constituting the New York city public works investment act made by section twelve of this act shall not affect the expiration and repeal of such chapter pursuant to section 14 of such chapter, as amended, and shall expire and be deemed repealed therewith, or seven years after this act takes effect, whichever occurs earlier. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date by the director of the office of community hiring and workforce development of the city of New York, the chancellor and the city board of the city school district of the city of New York, the president of the New York city school construction authority, the duly appointed designee of the New York city health and hospitals corpo- ration, the chief executive officer of the New York city industrial development agency, and the chief executive officer of any city-affili- ated not-for-profit corporation, as such term is defined by section 3501 of the New York city charter, as added by section two of this act. PART U Section 1. Subdivision 2 of section 410-u of the social services law, as amended by section 1 of part L of chapter 56 of the laws of 2022, is amended to read as follows: 2. The state block grant for child care shall be divided into two parts pursuant to a plan developed by the department and approved by the director of the budget. One part shall be retained by the state to provide child care on a statewide basis to special groups and for activ- ities to increase the availability and/or quality of child care programs, including, but not limited to, the start-up of child care programs, the operation of child care resource and referral programs, training activities, the regulation and monitoring of child care programs, the development of computerized data systems, and consumer education, provided however, that child care resource and referral programs funded under title five-B of article six of this chapter shall meet additional performance standards developed by the department of social services including but not limited to: increasing the number of child care placements for persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income, with emphasis on placements supporting local efforts in meeting federal and state work participation requirements, increasing technical assistance to all modalities of legal child care to persons S. 4006--A 123 A. 3006--A who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income, including the provision of training to assist providers in meeting child care standards or regu- latory requirements, and creating new child care opportunities, and assisting social services districts in assessing and responding to child care needs for persons at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income. The department shall have the authority to withhold funds from those agen- cies which do not meet performance standards. Agencies whose funds are withheld may have funds restored upon achieving performance standards. The other part shall be allocated to social services districts to provide child care assistance to families receiving family assistance and to other low income families. § 2. Subdivisions 1 and 3 of section 410-w of the social services law, subdivision 1 as amended by section 2 of part L of chapter 56 of the laws of 2022, and subdivision 3 as amended by chapter 834 of the laws of 2022, are amended to read as follows: 1. A social services district may use the funds allocated to it from the block grant to provide child care assistance to: (a) families receiving public assistance when such child care assist- ance is necessary: to enable a parent or caretaker relative to engage in work, participate in work activities or perform a community service pursuant to title nine-B of article five of this chapter; to enable a teenage parent to attend high school or other equivalent training program; because the parent or caretaker relative is physically or mentally incapacitated; or because family duties away from home necessi- tate the parent or caretaker relative's absence; child day care shall be provided during breaks in activities[, for a period of up to two weeks]. Such child day care [may] SHALL be authorized [for a period of up to one month if child care arrangements shall be lost if not continued, and the program or employment is scheduled to begin within such period] FOR THE PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT; (b) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME who are attempting through work activities to transition off of public assistance when such child care is necessary in order to enable a parent or caretaker relative to engage in work provided such families' public assistance has been terminated as a result of increased hours of or income from employment or increased income from child support payments or the family voluntarily ended assistance; provided that the family received public assistance at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section[; and provided, the family income does not exceed eighty-five percent of the state median income]; (c) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, which are determined in accordance with the regulations of the department to be at risk of becoming dependent on S. 4006--A 124 A. 3006--A family assistance[; provided, the family income does not exceed eighty- five percent of the state median income]; (d) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, who are attending a post secondary educational program[; provided, the family income does not exceed eighty-five percent of the state median income]; and (e) other families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, which the social services district designates in its consolidated services plan as eligible for child care assistance] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME in accordance with criteria established by the depart- ment[; provided, the family income does not exceed eighty-five percent of the state median income]. 3. A social services district shall guarantee child care assistance to families in receipt of public assistance with children under thirteen years of age when such child care assistance is necessary for a parent or caretaker relative to engage in work or participate in work activ- ities pursuant to the provisions of title nine-B of article five of this chapter. Child care assistance shall continue to be guaranteed for such a family for a period of twelve months or may be provided by a social service district for a period up to twenty-four months, after the month in which the family's eligibility for public assistance has terminated or ended when such child care is necessary in order to enable the parent or caretaker relative to engage in work, provided that the family's public assistance has been terminated as a result of an increase in the hours of or income from employment or increased income from child support payments or because the family voluntarily ended assistance; that the family received public assistance in at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section; AND that the family's income does not exceed [two hundred percent of the state income stand- ard, or three hundred percent of the state income standard effective August first, two thousand twenty-two; and that the family income does not exceed] eighty-five percent of the state median income. Such child day care shall recognize the need for continuity of care for the child and a district shall not move a child from an existing provider unless the participant consents to such move. § 3. Paragraph (a) of subdivision 2 of section 410-x of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) [A social services district] THE DEPARTMENT may establish priori- ties for the families which will be eligible to receive funding; provided that the priorities provide that eligible families will receive equitable access to child care assistance funds to the extent that these funds are available. § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the social services law are REPEALED. § 5. This act shall take effect October 1, 2023. The office of chil- dren and family services is hereby authorized to promulgate such rules and regulations as may be necessary, including on an emergency basis, to implement the provisions of this act. S. 4006--A 125 A. 3006--A PART V Section 1. Section 3 of part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, as amended by section 1 of part M of chapter 56 of the laws of 2022, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed April 1, 2023]; provided however that the amendments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately. PART W Section 1. Section 11 of subpart A of part G of chapter 57 of the laws of 2012, amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, as amended by section 2 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 11. This act shall take effect April 1, 2012 [and shall expire on March 31, 2023 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; provided, however, upon the repeal of this act, a social services district that has custody of a juvenile delinquent pursuant to an approved juvenile justice services close to home initiative shall retain custody of such juvenile delinquent until custody may be legally trans- ferred in an orderly fashion to the office of children and family services]. § 2. Section 7 of subpart B of part G of chapter 57 of the laws of 2012, amending the social services law, the family court act and the executive law relating to juvenile delinquents, as amended by section 3 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 7. This act shall take effect April 1, 2012 [and shall expire on March 31, 2023 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date]. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2023. PART X Section 1. Subdivision 1 of section 336-a of the social services law, as amended by chapter 275 of the laws of 2017, is amended to read as follows: 1. Social services districts shall make available vocational educa- tional training and educational activities. Such activities may include but need not be limited to, high school education or education designed to prepare a participant for a high school equivalency certificate, basic and remedial education, education in English proficiency, educa- S. 4006--A 126 A. 3006--A tion or a course of instruction in financial literacy and personal finance that includes instruction on household cash management tech- niques, career advice to obtain a well paying and secure job, using checking and savings accounts, obtaining and utilizing short and long term credit, securing a loan or other long term financing arrangement for high cost items, participation in a higher education course of instruction or trade school, and no more than a total of four years of post-secondary education (or the part-time equivalent). Educational activities pursuant to this section may be offered with any of the following providers which meet the performance or assessment standards established in regulations by the commissioner for such providers: a community college, licensed trade school, registered business school, or a two-year or four-year college; provided, however, that such post-sec- ondary education must be necessary to the attainment of the partic- ipant's individual employment goal as set forth in the employability plan and such goal must relate directly to obtaining useful employment [in a recognized occupation]. When making [any] AN assignment to any educational activity pursuant to this subdivision, such assignment shall be permitted only to the extent that such assignment is consistent with the individual's assessment and employment plan goals in accordance with sections three hundred thirty-five and three hundred thirty-five-a of this title and shall require that the individual maintains satisfactory academic progress and hourly participation is documented consistent with federal and state requirements. For purposes of this provision "satis- factory academic progress" shall mean having a cumulative C average, or its equivalent, as determined by the academic institution. The require- ment to maintain satisfactory academic progress may be waived if done so by the academic institution and the social services district based on undue hardship caused by an event such as a personal injury or illness of the student, the death of a relative of the student or other exten- uating circumstances. [Any enrollment in post-secondary education beyond a twelve month period must be combined with no less than twenty hours of participation averaged weekly in paid employment or work activities or community service when paid employment is not available.] PARTICIPATION IN AN EDUCATIONAL AND/OR VOCATIONAL TRAINING PROGRAM, THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, A TWO-YEAR POST-SECONDARY DEGREE PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID- UAL EMPLOYMENT GOAL AND IS LIKELY TO LEAD TO A DEGREE OR CERTIFICATION AND SUSTAINED EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH INDI- VIDUAL'S ASSESSMENT AND EMPLOYABILITY PLAN TO THE EXTENT THAT SUCH APPROVAL DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH FEDERAL WORK PARTICIPATION RATES, AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. § 2. Paragraph (a) of subdivision 8 of section 131-a of the social services law is amended by adding two new subparagraphs (xi) and (xii) to read as follows: (XI) ALL OF THE EARNED INCOME OF A RECIPIENT OF PUBLIC ASSISTANCE THAT IS DERIVED FROM PARTICIPATION IN A QUALIFIED WORK ACTIVITY OR TRAINING PROGRAM AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST- ANCE, TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT ALREADY BEEN DISRE- GARDED PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, PROVIDED THAT THE RECIPIENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. (XII) ONCE DURING THE LIFETIME OF A RECIPIENT OF PUBLIC ASSISTANCE, ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC S. 4006--A 127 A. 3006--A ASSISTANCE ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE MONTHS FROM THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE RECIPI- ENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. § 3. This act shall take effect on the two hundred fortieth day after it shall have become a law. PART Y Section 1. The social services law is amended by adding a new section 152-d to read as follows: § 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE. 1. NOTWITHSTANDING SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE, AND IN ACCORDANCE WITH THIS SECTION, PUBLIC ASSISTANCE RECIPIENTS SHALL RECEIVE REPLACEMENT ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST- ENT WITH GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE. 3. SOCIAL SERVICES DISTRICTS SHALL PROMPTLY REPLACE STOLEN PUBLIC ASSISTANCE, HOWEVER, SUCH REPLACEMENT SHALL OCCUR NO LATER THAN FIVE BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC ASSISTANCE WAS STOLEN IN ACCORDANCE WITH GUIDANCE ESTABLISHED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 4. FOR PUBLIC ASSISTANCE THAT IS VERIFIED AS STOLEN, REPLACEMENT ASSISTANCE SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD- ANCE WITH THIS SECTION AS FOLLOWS: (A) THE LESSER OF: (I) THE AMOUNT OF PUBLIC ASSISTANCE THAT WAS STOLEN; OR (II) THE AMOUNT OF PUBLIC ASSISTANCE PROVIDED DURING THE TWO MOST RECENT MONTHS PRIOR TO SUCH ASSISTANCE BEING STOLEN; AND (B)(I) NO MORE THAN TWICE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II) NO MORE THAN ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR. 5. ANY REPLACEMENT ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTI- CLE THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS LATER DETERMINED THAT THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN- TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES. § 2. This act shall take effect immediately. PART Z 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 S of chapter 56 of the laws of 2022, are amended to read as follows: S. 4006--A 128 A. 3006--A (a) in the case of each individual receiving family care, an amount equal to at least [$161.00] $175.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (b) in the case of each individual receiving residential care, an amount equal to at least [$186.00] $202.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$222.00] $241.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY- THREE. (d) for the period commencing January first, two thousand [twenty- three] TWENTY-FOUR, 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-three] TWENTY-FOUR, but prior to June thirtieth, two thousand [twenty-three] TWENTY-FOUR, 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) On and after January first, two thousand [twenty-two] TWENTY- THREE, for an eligible individual living alone, [$928.00] $1,001.00; and for an eligible couple living alone, [$1,365.00] $1,475.00. (b) On and after January first, two thousand [twenty-two] TWENTY-THREE, for an eligible individual living with others with or without in-kind income, [$864.00] $937.00; and for an eligible couple living with others with or without in-kind income, [$1,307.00] $1,417.00. (c) On and after January first, two thousand [twenty-two]TWENTY-THREE, (i) for an eligible individual receiving family care, [$1,107.48] $1,180.48 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- ble individual receiving such care in any other county in the state, [$1,069.48] $1,142.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [twenty-two] TWENTY-THREE, (i) for an eligible individual receiving residential care, [$1,276.00] $1,349.00 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, [$1,246.00] $1,319.00; 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. S. 4006--A 129 A. 3006--A (e) On and after January first, two thousand [twenty-two] TWENTY-THREE, (i) for an eligible individual receiving enhanced residen- tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (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-three] TWEN- TY-FOUR but prior to June thirtieth, two thousand [twenty-three] TWEN- TY-FOUR. § 3. This act shall take effect December 31, 2023. § 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 Z of this act shall be as specifically set forth in the last section of such Parts.
2023-S4006B - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4006B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program
2023-S4006B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4006--B I N S E N A T E February 1, 2023 ___________ 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 contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to actual valuation; to amend the education law, in relation to average daily attendance; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to building aid for metal detec- tors, and safety devices for electrically operated partitions, room dividers and doors; to amend the education law, in relation to academ- ic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal prekin- dergarten funding utilizations and implementations plan report; to amend the education law, in relation to transitional guidelines and rules; to amend the education law, in relation to universal prekinder- garten expansions and universal prekindergarten aid; to amend the education law, in relation to extending provisions of the statewide universal full-day prekindergarten program; to amend the education law, in relation to certain 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 education in New York city, in relation to reimbursement for the 2023-2024 school year, 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 part C of chapter 56 of the laws of 2020 directing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district, in relation to the effectiveness thereof; to amend part C of chapter 57 of the laws of 2004 relating to the support of education, in relation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-04-3 S. 4006--B 2 to the effectiveness thereof; directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving funding; providing for special apportion- ment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; to amend the education law, in relation to extending employment preparation education programs; 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 the effec- tiveness of such provisions; and to amend chapter 308 of the laws of 2012, amending the general municipal law relating to providing local governments greater contract flexibility and cost savings by permit- ting certain shared purchasing among political subdivisions, in relation to the effectiveness thereof (Part A); to amend the education law and chapter 537 of the laws of 1976, relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, in relation to establishment of and/or funding provided to schools for meal assistance, education of students with disabilities, career education, and music and art education (Part A-1); inten- tionally omitted (Part B); to amend the education law, in relation to providing access to medication abortion prescription drugs at the state university of New York and the city university of New York (Part C); to amend the education law, in relation to removing the maximum award caps for the liberty partnerships program (Part D); to amend the business corporation law, the partnership law and the limited liabil- ity company law, in relation to certified public accountants (Part E); to amend the general municipal law and the public housing law, in relation to enacting the new homes targets and production incentives act (Part F); intentionally omitted (Part G); to amend the public housing law, in relation to requiring certain housing production information to be reported to the division of housing and community renewal (Part H); intentionally omitted (Part I); to amend the multi- ple dwelling law, in relation to modernizing regulations for office building conversions; and providing for the repeal of certain provisions of such law relating thereto (Subpart A); to amend the labor law and the real property tax law, in relation to exemption from local real property taxation of certain multiple dwellings in a city having a population of one million or more (Subpart B); to amend the labor law and the real property tax law, in relation to exemptions of eligible conversions to rental multiple dwellings (Subpart C) (Part J); intentionally omitted (Part K); intentionally omitted (Part L); intentionally omitted (Part M); intentionally omitted (Part N); inten- tionally omitted (Part O); intentionally omitted (Part P); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); intentionally omitted (Part T); to amend the social services law, in relation to eligibility for child care assistance; and to repeal certain provisions of such law relating thereto (Part U); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school place- ments, in relation to the effectiveness thereof (Part V); to amend S. 4006--B 3 subpart A of chapter 57 of the laws of 2012 amending the social services law and the family court act relating to establishing a juve- nile justice services close to home initiative, and to amend subpart B of part G of chapter 57 of the laws of 2012 amending the social services law, the family court act and the executive law relating to juvenile delinquents, in relation to making such provisions permanent (Part W); to amend the social services law, in relation to providing for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program for up to six consecutive months under certain circumstances (Part X); to amend the social services law, in relation to the replacement of stolen public assistance (Part Y); to amend the social services law, in relation to increasing the standards of month- ly need for aged, blind and disabled persons living in the community (Part Z); to amend the labor law, in relation to including Stewart International Airport in the definition of covered airport location for the purposes of minimum wage rates (Part AA); to amend the labor law, in relation to sick leave for domestic workers (Part BB); to amend the education law, in relation to excluding certain graduate students from mandatory fees (Part CC); to amend the veterans' services law, the military law and the executive law, in relation to establishing the Alex R. Jimenez New York state military immigrant family legacy program (Part DD); to amend the social services law, in relation to allowances for the costs of diapers (Part EE); to amend the arts and cultural affairs law and the economic development law, in relation to creating the arts and cultural district (Part FF); to amend the public housing law, in relation to establishing the housing access voucher program (Part GG); to amend the education law, in relation to the registration of new curricula or programs of study offered by a not-for-profit college or university (Part HH); to amend the social services law, in relation to assisting persons with medically diagnosed HIV infection; and repealing certain provisions of such law relating thereto (Part II); to amend the public housing law, in relation to enacting the "NYCHA utility accountability act" (Part JJ); to amend the social services law, in relation to providing for the automated identification of affordability program participants (Part KK); to amend the state finance law, in relation to establishing the New York state youth sports initiative grants fund (Part LL); to amend the social services law, in relation to establishing a statewide presumptive eligibility standard for the receipt of child care assist- ance (Part MM); to amend the education law, in relation to requiring nursing certificate and degree education programs to include clinical education and allowing for a portion of such clinical education to be completed through simulation experience (Part NN); establishing the special joint legislative commission on affordable housing; and providing for the repeal of such provisions upon expiration thereof (Part OO); to amend the education law, in relation to establishing a Black Leadership Institute within the State University of New York (Part PP); to amend the education law, in relation to allowing cadets enrolled at SUNY Maritime college to use scholarship money on any cost associated with attendance (Part QQ); and to amend the education law, in relation to increasing the income eligibility threshold for the tuition assistance program (Part RR) S. 4006--B 4 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 2023-2024 state fiscal year. Each component is wholly contained within a Part identified as Parts A through RR. 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 chapter 556 of the laws of 2022, 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 S. 4006--B 5 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 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 S. 4006--B 6 provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty--two thousand twen- ty-one school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two thousand twenty-one school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-two--two thousand twenty- three school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twenty-one--two thousand twenty-two school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY- THREE 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-THREE--TWO THOUSAND TWENTY-FOUR 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-- TWO THOUSAND TWENTY-THREE SCHOOL YEAR; provided, however, that, in a city school district in a city having a population of one million or more, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, the contract for excellence shall provide for the expenditure as set forth in subparagraph (v) of para- graph a of subdivision two of this section. For purposes of this para- graph, 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 S. 4006--B 7 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. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph k to read as follows: K. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU- SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE-- TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI- SION ONE OF THIS SECTION PLUS THE GREATER OF (A) THE POSITIVE DIFFER- ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. § 3. Intentionally omitted. § 4. Intentionally omitted. § 5. Paragraph c of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: c. "Actual valuation" shall mean the valuation of taxable real proper- ty in a school district obtained by taking the assessed valuation of taxable real property within such district as it appears upon the assessment roll of the town, city, village, or county in which such property is located, for the calendar year two years prior to the calen- dar year in which the base year commenced, after revision as provided by law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION PURSU- ANT TO THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW OR THE RESIDENTIAL REVALUATION EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE LAWS OF TWO THOUSAND TWENTY-ONE, and dividing it by the state equalization rate as determined by the [state board of equalization and assessment] COMMIS- SIONER OF TAXATION AND FINANCE, for the assessment roll of such town, city, village, or county completed during such preceding calendar year. The actual valuation of a central high school district shall be the sum of such valuations of its component districts. Such actual valuation shall include any actual valuation equivalent of payments in lieu of taxes determined pursuant to section four hundred eighty-five of the real property tax law. "Selected actual valuation" shall mean the lesser of actual valuation calculated for aid payable in the current year or the two-year average of the actual valuation calculated for aid payable in the current year and the actual valuation calculated for aid payable in the base year. § 6. Paragraph d of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: d. "Average daily attendance" shall mean the total number of attend- ance days of pupils in a public school of a school district in kinder- garten through grade twelve, or equivalent ungraded programs, plus the total number of instruction days for such pupils receiving homebound instruction including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE S. 4006--B 8 REGULATIONS OF THE COMMISSIONER, divided by the number of days the district school was in session as provided in this section. The attend- ance of pupils with disabilities attending under the provisions of para- graph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily attendance. § 7. Paragraph l of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: l. "Average daily membership" shall mean the possible aggregate attendance of all pupils in attendance in a public school of the school district in kindergarten through grade twelve, or equivalent ungraded programs, including possible aggregate attendance for such pupils receiving homebound instruction, including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre- gate attendance of such pupils in one-half day kindergartens multiplied by one-half, divided by the number of days the district school was in session as provided in this section. The full time equivalent enrollment of pupils with disabilities attending under the provisions of paragraph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily membership. Average daily membership shall include the equivalent attendance of the school district, as computed pursuant to paragraph d of this subdivision. In any instance where a pupil is a resident of another state or an Indian pupil is a resident of any portion of a reservation located wholly or partly within the borders of the state pursuant to subdivision four of section forty- one hundred one of this chapter or a pupil is living on federally owned land or property, such pupil's possible aggregate attendance shall be counted as part of the possible aggregate attendance of the school district in which such pupil is enrolled. § 8. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 14 of part A of chapter 56 of the laws of 2022, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten [through two thousand twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT- ER each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and enti- tled "SA0910". § 9. Paragraph b of subdivision 6-c of section 3602 of the education law, as amended by section 11 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen S. 4006--B 9 [and before the first day of July two thousand twenty-three] such addi- tional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivi- sion six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdi- vision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. § 10. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 15 of part A of chapter 56 of the laws of 2022, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou- sand [twenty-three] TWENTY-FOUR school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 11. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2022, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY- FOUR school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- S. 4006--B 10 MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 12. Section 3602-e of the education law is amended by adding a new subdivision 3 to read as follows: 3. UNIVERSAL PREKINDERGARTEN FUNDING UTILIZATION AND IMPLEMENTATION PLAN REPORTING. A. ALL SCHOOL DISTRICTS WHICH ARE ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART BUT WHICH HAVE NOT IMPLEMENTED OR EXPANDED A UNIVERSAL PREKIN- DERGARTEN PROGRAM SHALL REPORT TO THE COMMISSIONER: (I) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN DISTRICT-OPERATED PROGRAMS IN THE CURRENT YEAR; (II) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZATIONS IN THE CURRENT YEAR; (III) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDI- AN HAS APPLIED FOR A SEAT FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE DISTRICT LACKS CAPACITY TO OFFER A SEAT; (IV) INFORMATION ON FINANCIAL AND PROGRAMMATIC BARRIERS IN IMPLEMENTING UNIVERSAL PREKINDERGARTEN PROGRAMS; (V) ABSENT FUNDING AND PROGRAMMATIC BARRIERS, DETAILS ON WHY UNIVERSAL PREKINDERGARTEN PROGRAMS HAVE NOT BEEN ESTABLISHED OR EXPANDED DESPITE AVAILABLE FUNDING; (VI) ANY OTHER INFORMATION AVAILABLE TO DISTRICTS AND NECESSARY TO ACCURATELY ESTIMATE THE UNMET DEMAND FOR FOUR-YEAR-OLD PREKINDERGARTEN SERVICES WITHIN THE DISTRICT; AND (VII) A THREE-YEAR IMPLEMENTATION PLAN DETAILING HOW THE SCHOOL DISTRICT INTENDS TO UTILIZE AVAILABLE FUNDING TO START AND EXPAND UNIVERSAL PREKINDERGAR- TEN PROGRAMS PURSUANT TO THIS SECTION OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART. THIS REPORT, WITH THE THREE-YEAR IMPLEMENTATION PLAN, SHALL BE DUE NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY- THREE TO THE DEPARTMENT AS PART OF THE APPLICATION PRESCRIBED IN SUBDI- VISION FIVE OF THIS SECTION AND SHALL BE POSTED ON THE SCHOOL DISTRICT'S WEBSITE. THE DEPARTMENT SHALL COLLATE THE DATA AND THREE-YEAR IMPLEMEN- TATION PLANS INTO A REPORT DUE NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR TO THE GOVERNOR, THE DIVISION OF BUDGET, THE TEMPORARY PRES- IDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE ASSEMBLY, AND POST SUCH REPORT ON THE DEPARTMENT'S WEBSITE. BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR, THROUGH SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, SCHOOL DISTRICTS SUBJECT TO THIS SECTION SHALL SUBMIT ANNUAL REPORTS DETAILING THE STATUS AND PROGRESS OF THE THREE-YEAR IMPLEMENTATION PLAN, WITH THE LAST REPORT DESCRIBING THE THIRD AND FINAL YEAR OF IMPLEMENTA- TION, TO THE DEPARTMENT AS PART OF THE APPLICATION PRESCRIBED IN SUBDI- VISION FIVE OF THIS SECTION AND SHALL POST SUCH REPORT ON THE SCHOOL DISTRICT'S WEBSITE. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THE DEPARTMENT SHALL ANNUALLY COLLATE THE SUBMITTED SCHOOL DISTRICT THREE-YEAR IMPLEMENTATION PLAN PROGRESS REPORTS TO BE DELIVERED TO THE GOVERNOR, THE DIVISION OF BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE ASSEMBLY, AND POST SUCH REPORT ON THE DEPART- MENT'S WEBSITE. § 12-a. The opening paragraph of subdivision 6 of section 3602 of education law, as amended by chapter 355 of the laws of 2016, is amended to read as follows: Apportionment for capital outlays and debt service for school building purposes. Any apportionment to a school district pursuant to this subdi- vision shall be based upon base year approved expenditures for capital S. 4006--B 11 outlays incurred prior to July first, two thousand one from its general fund, capital fund or reserved funds and current year approved expendi- tures for debt service, including debt service for refunding bond issues eligible for an apportionment pursuant to paragraph g of this subdivi- sion and lease or other annual payments to the New York city educational construction fund created by article ten of this chapter or the city of Yonkers educational construction fund created by article ten-B of this chapter which have been pledged to secure the payment of bonds, notes or other obligations issued by the fund to finance the construction, acqui- sition, reconstruction, rehabilitation or improvement of the school portion of combined occupancy structures, or for lease or other annual payments to the New York state urban development corporation created by chapter one hundred seventy-four of the laws of nineteen hundred sixty- eight, pursuant to agreement between such school district and such corporation relating to the construction, acquisition, reconstruction, rehabilitation or improvement of any school building, or for annual payments to the dormitory authority pursuant to any lease, sublease or other agreement relating to the financing, refinancing, acquisition, design, construction, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise provide for school district capital facilities or school district capital equipment made under the provisions of section sixteen hundred eighty of the public authorities law, or for annual payments pursuant to any lease, sublease or other agreement relating to the financing, refinancing, acquisition, design, construction, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise providing for educational facilities of a city school district under the provisions of section sixteen of chapter six hundred five of the laws of two thousand, or for payments, pursuant to any assignment authorized by section twenty-seven hundred ninety- nine-tt of the public authorities law, of debt service in furtherance of funding the five-year educational facilities capital plan of the city of New York school district or related debt service costs and expenses as set forth in such section, for annual payments pursuant to any lease, sublease or other agreement relating to the financing, refinancing, design, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise providing for projects authorized pursuant to the city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act, for annual payments pursuant to any lease, sublease or other agreement relating to the financing, refinancing, design, reconstruction, rehabil- itation, improvement, furnishing and equipping of, or otherwise provid- ing for projects authorized pursuant to the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act, for annual payments pursu- ant to any lease, sublease or other agreement relating to the financing, refinancing, design, construction, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise providing for projects authorized pursuant to the Yonkers city school district facili- ties modernization program act, or for lease, lease-purchase or other annual payments to another school district or person, partnership or corporation pursuant to an agreement made under the provisions of section four hundred three-b, subdivision eight of section twenty-five hundred three, or subdivision six of section twenty-five hundred fifty- four of this chapter, provided that the apportionment for such lease or other annual payments under the provisions of section four hundred three-b, subdivision eight of section twenty-five hundred three, or S. 4006--B 12 subdivision six of section twenty-five hundred fifty-four of this chap- ter, other than payments under a lease-purchase agreement or an equiv- alent agreement, shall be based upon approved expenditures in the current year. Approved expenditures for capital outlays from a school district's general fund, capital fund or reserved funds that are incurred on or after July first, two thousand two, and are not aidable pursuant to subdivision six-f of this section, shall be aidable as debt service under an assumed amortization established pursuant to paragraphs e and j of this subdivision. In any such case approved expenditures shall be only for new construction, reconstruction, purchase of existing structures, for site purchase and improvement, for new garages, for original equipment, furnishings, machinery, or apparatus, and for professional fees and other costs incidental to such construction or reconstruction, or purchase of existing structures. In the case of a lease or lease-purchase agreement entered pursuant to section four hundred three-b, subdivision eight of section twenty-five hundred three or subdivision six of section twenty-five hundred fifty-four of this chapter, approved expenditures for the lease or other annual payments shall not include the costs of heat, electricity, water or other utili- ties or the costs of operation or maintenance of the leased facility. An apportionment shall be available pursuant to this subdivision for construction, reconstruction, rehabilitation or improvement in a build- ing, or portion thereof, being leased by a school district only if the lease is for a term of at least ten years subsequent to the date of the general construction contract for such construction, reconstruction, rehabilitation or improvement. Each school district shall prepare a five year capital facilities plan, pursuant to regulations developed by the commissioner for such purpose, provided that in the case of a city school district in a city having a population of one million inhabitants or more, such facilities plan shall comply with the provisions of section twenty-five hundred ninety-p of this chapter and this subdivi- sion. Such plan shall include, but not be limited to, a building inven- tory, and estimated expense of facility needs, for new construction, additions, alterations, reconstruction, major repairs, energy consump- tion and maintenance by school building, as appropriate. Such five year plan shall include a priority ranking of projects and shall be amended if necessary to reflect subsequent on-site evaluations of facilities conducted by state supported contractors. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL SCHOOL DISTRICTS THAT ARE ELIGIBLE FOR FUNDING FOR UNIVERSAL PREKINDERGARTEN PROGRAMS PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO-E AND THIRTY-SIX HUNDRED TWO-EE OF THIS PART, ARE ELIGIBLE FOR BUILDING AID FOR THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION OR LEASES OF ANY SCHOOL BUILDING PROJECT FOR THE PURPOSE OF SERVING PREKIN- DERGARTEN STUDENTS AND TO ENSURE PREKINDERGARTEN IS UNIVERSAL. § 12-b. Subdivision 6 of section 408 of the education law, as amended by chapter 385 of the laws of 1994, and as further amended by subdivi- sion (d) of section 1 of part W of chapter 56 of the laws of 2010, is amended and a new subdivision 7 is added to read as follows: 6. The commissioner may promulgate regulations relating to the purchase of existing school buildings. Such regulations shall provide for an appraisal of such buildings as school buildings and the land on which they are situated as school sites by the commissioner of taxation and finance, such estimates of the cost of renovation and construction as may be necessary and limitations on the cost of acquisition and reno- vation, in taking into consideration the age and condition of such existing buildings, in relation to the estimated cost of constructing a S. 4006--B 13 new building containing comparable facilities. Such regulations may also require the prior approval of the commissioner of any renovations proposed to be made to such existing school buildings. SUCH REGULATIONS SHALL INCLUDE PROVISIONS RELATED TO THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION OR LEASES OF ANY SCHOOL BUILDING PROJECT FOR THE PURPOSE OF SERVING PREKINDERGARTEN STUDENTS AND TO ENSURE PREKINDERGARTEN IS UNIVERSAL, PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO-E AND THIRTY-SIX HUNDRED TWO-EE OF THIS CHAPTER. 7. THE COMMISSIONER SHALL ISSUE GUIDANCE TO ALL SCHOOL DISTRICTS ON HOW TO UTILIZE BUILDING AID TO ESTABLISH AND EXPAND DISTRICT RUN UNIVERSAL PREKINDERGARTEN PROGRAMS PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO-E AND THIRTY-SIX HUNDRED TWO-EE OF THIS CHAPTER. § 13. Subdivision 20 of section 3602-e of the education law is amended by adding a new paragraph b to read as follows: B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN- TY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA- GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI- PLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT. IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE LESS THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE EXPANSION SLOTS SHALL BE ZERO. (III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED" SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA- GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE- MENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR GRANTS AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. (IV) FOR PURPOSES OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD- S. 4006--B 14 UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN- DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF- DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS (B) THE NUMBER OF PUPILS SERVED IN A CONVERSION SLOT PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5). § 13-a. Subparagraph (ix) of the opening paragraph of subdivision 10 of section 3602-e of the education law, as added by section 17-c of part A of chapter 56 of the laws of 2022, is amended and a new subparagraph (x) is added to read as follows: (ix) for the two thousand twenty-two--two thousand twenty-three school year and thereafter, each school district shall be eligible to receive a grant amount equal to the sum of (A) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- er file produced by the commissioner in support of the enacted budget for the prior year excluding amounts subject to section thirty-six hundred two-ee of this part and further excluding amounts paid pursuant to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old Universal Prekindergarten Expansion added pursuant to paragraph e of subdivision nineteen of this section, provided that such school district has met all requirements pursuant to this section and such grants shall be added into a four-year-old grant amount based on the amount each district was eligible to receive in the base year to serve four-year-old prekindergarten pupils, plus (C) funds allocated pursuant to a universal prekindergarten expansion under subdivision twenty of this section as of the school aid computer listing produced by the commissioner in support of the enacted budget for the current year, provided that such grant amounts shall be divided into a four-year-old grant amount based on the amount each district was eligible to receive in the base year to serve four-year-old prekindergarten pupils, if any, and a three-year-old grant amount based on the amount each district was eligible to receive in the base year to serve three-year-old pupils, if any, and provided further that the maximum grant shall not exceed the total actual grant expendi- tures incurred by the school district in the current school year as approved by the commissioner[.], AND (X) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL TO THE GREATER OF THE AMOUNT PROVIDED UNDER SUBPARA- GRAPH (IX) OF THIS PARAGRAPH OR THE PRODUCT OF (A) THE SUM OF (1) ELIGI- BLE HALF-DAY THREE-YEAR-OLD PREKINDERGARTEN PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS (2) ELIGIBLE FULL-DAY THREE-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS (3) ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGAR- TEN PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS (4) ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPAR- AGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS (5) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR ONLY, EXPAN- SION SLOTS PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION FOR S. 4006--B 15 DISTRICTS ELIGIBLE UNDER SUCH SUBDIVISION, MULTIPLIED BY (B) THE GREATER OF (1) TWICE SELECTED AID PER PREKINDERGARTEN PUPIL AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH B OF THIS SUBDIVISION OR (2) SIX THOUSAND NINE HUNDRED DOLLARS ($6,900), PROVIDED THAT THE MAXIMUM GRANT SHALL NOT EXCEED THE TOTAL ACTUAL GRANT EXPENDITURES INCURRED BY THE SCHOOL DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER. § 14. Paragraph d of subdivision 12 of section 3602-e of the education law, as amended by section 17-b of part A of chapter 56 of the laws of 2022, is amended to read as follows: d. transitional guidelines and rules which allow a program to meet the required staff qualifications and any other requirements set forth pursuant to this section and regulations adopted by the board of regents and the commissioner; provided that such guidelines include an annual process by which a district may apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or registering agency. Provided, further, that the commissioner shall annually submit a report by [September] NOVEMBER first to the chairperson of the assembly ways and means commit- tee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiv- er pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collab- orating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. § 15. Paragraph (c) of subdivision 8 of section 3602-ee of the educa- tion law, as amended by section 17-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: (c) for eligible agencies as defined in paragraph b of subdivision one of section thirty-six hundred two-e of this part that are not schools, a bachelor's degree in early childhood education. Provided however, begin- ning with the two thousand twenty-two--two thousand twenty-three school year, a school district may annually apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborat- ing with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. Provided further that the commissioner shall annually submit a report by [Septem- ber] NOVEMBER first to the chairperson of the assembly ways and means committee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district S. 4006--B 16 receiving a waiver pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligi- ble agency that is collaborating with a school district to provide prek- indergarten services and licensed by an agency other than the depart- ment; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collaborating with a school district to provide prekin- dergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or regis- tering agency. § 16. Subdivision 16 of section 3602-ee of the education law, as amended by section 17 of part A of chapter 56 of the laws of 2022, 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-three] TWENTY-FOUR; provided that the program shall continue and remain in full effect. § 17. Intentionally omitted. § 18. The opening paragraph of section 3609-a of the education law, as amended by section 19 of part A of chapter 56 of the laws of 2022, 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--two thousand twenty-three] TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section 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 S. 4006--B 17 [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY-FOUR school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA222-3"] "SA232-4". § 19. Intentionally omitted. § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 20 of part A of chapter 56 of the laws of 2022, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, [and] reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE- MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR SEVENTEEN DOLLARS AND SEVENTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); for the 2021--2022 school year such contact hours shall not exceed one million four hundred sixteen thousand one hundred twenty-two (1,416,122); [and] for the 2022--2023 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2023--2024 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED SEVENTY-FIVE (1,342,975). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion bb to read as follows: BB. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL S. 4006--B 18 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2022, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed [on] June 30, [2023] 2024. § 23. Intentionally omitted. § 24. Section 12 of chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 24 of part A of chapter 56 of the laws of 2022, 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, 2023 when upon such date the provisions of this act shall be deemed repealed]. § 25. Section 12 of part C of chapter 56 of the laws of 2020 direct- ing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the appor- tionment of aid to such school district, is amended to read as follows: § 12. This act shall take effect immediately, provided, however, that sections two, three, four, five, six, seven, eight, nine and ten of this act shall expire and be deemed repealed June 30, [2023] 2025; and provided further, however that sections one and eleven of this act shall expire and be deemed repealed June 30, 2049. § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws of 2004 relating to the support of education, as amended by section 37 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 11. section seventy-one of this act shall expire and be deemed repealed June 30, [2023] 2028; § 27. 1. The education department shall conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age programs receiving funding under article 81 and article 89 of the education law and providers operating approved preschool special education programs under section 4410 of the education law for the purpose of developing a new tuition rate-setting methodology to be implemented by the two thousand twenty-eight--two thousand twen- ty-nine school year and thereafter. The department shall ensure that such study consider stakeholder feedback and include, but not be limited to, a comparative analysis of rate-setting methodologies utilized by other agencies of the state of New York, including the rate-setting methodology utilized by the office of children and family services for private residential school programs; options and recommendations for an alternative rate-setting methodology or methodologies; cost estimates for such alternative methodologies; and an analysis of current provider tuition rates compared to tuition rates that would be established under such alternative methodologies; as well as the review and consideration of standardized parameters and criteria, including, but not limited to, defined program and staffing models, regional costs, and minimum S. 4006--B 19 required enrollment levels as a percentage of program operating capaci- ties. 2. The recommended alternative rate-setting methodology or methodol- ogies proposed for such preschool and school-age providers shall strive to: (a) ensure the fiscal stability of such schools and programs, including the provision of annual increase in reimbursement, for the provision of a free appropriate public education in accordance with applicable program standards pursuant to federal and state law and regu- lation; (b) provide predictability in annual funding levels for such schools and programs; (c) reduce or eliminate tuition rate appeals; (d) include a schedule to phase in new tuition rates in accordance with the recommended methodology or methodologies; and (e) enable issuance of school year tuition rates by the start of each such school year. 3. The education department shall present its recommendations and analysis to the governor, the division of the budget and the legisla- ture, through their respective finance and ways and means chairs, educa- tion chairs, and ranking members of such committees, no later than July 1, 2025, provided, however, that the department shall regularly consult with the division of the budget and the legislature throughout completion of its study. Adoption of any alternative rate-setting meth- odologies shall be subject to the approval of the director of the divi- sion of the budget; provided, however, any requested amendments or disa- greement to such recommendations made by the department would be outlined and provided in writing, along with justification and analysis for such provided by the division of budget to the governor, the tempo- rary president of the senate, the minority leader of the senate, the speaker of the assembly, and the minority leader of the assembly. § 28. Intentionally omitted. § 29. Special apportionment for salary expenses. 1. 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 2024 and not later than the last day of the third full business week of June 2024, 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, 2024, for salary expenses incurred between April 1 and June 30, 2023 and such apportionment shall not exceed the sum of (a) 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 (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 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 (d) 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 (e) 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. S. 4006--B 20 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 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. 3. 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 1 and 2 of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 30. Special apportionment for public pension accruals. 1. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2024, 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, 2024 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the state finance S. 4006--B 21 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. 3. 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 1 and 2 of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 31. 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: 1. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2023--2024 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight S. 4006--B 22 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). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) 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. 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this subdivision, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2023--2024 school year, and for any city school district in a city having a population of more than one million, the set-aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2023--2024 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. 4. For the purpose of teacher support for the 2023--2024 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 32. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2023 enacting the aid to localities budget shall be apportioned for the 2023-2024 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 such chapter and the provisions of this section, provided S. 4006--B 23 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 2023-2024 by a chapter of the laws of 2023 enacting the aid to localities budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to ensure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, is amended to read as follows: (2) Notwithstanding any other provisions of law, for aid payable in the 2002-03 through [2022-23] 2027-28 school years, an amount equal to twenty million dollars ($20,000,000) of general support for public schools otherwise due and payable to the Rochester city school district on or before September first of the applicable school year shall be for an entitlement period ending the immediately preceding June thirtieth. § 33-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 22-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: a-1. Notwithstanding the provisions of paragraph a of this subdivi- sion, for aid payable in the school years two thousand--two thousand one through two thousand nine--two thousand ten, and two thousand eleven-- two thousand twelve [through two thousand twenty-two--two thousand twen- ty-three] AND THEREAFTER, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appropriated for purposes of this subdivision for the purpose of serving persons twenty-one years of age or older who have not been enrolled in any school for the preceding school year, including persons who have received a high school diploma or high school equivalency diploma but fail to demonstrate basic educational competencies as defined in regu- lation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment preparation educa- tion programs operated pursuant to this subdivision. § 33-b. Subdivision a of section 5 of chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 30-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year [through the 2022-23 school year] AND THEREAFTER, four million dollars ($4,000,000)[; for the 2023-24 school year, three million dollars S. 4006--B 24 ($3,000,000); for the 2024-25 school year, two million dollars ($2,000,000); for the 2025-26 school year, one million dollars ($1,000,000); and for the 2026-27 school year, zero dollars]. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. § 33-c. Section 2 of chapter 308 of the laws of 2012 amending the general municipal law relating to providing local governments greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions, as amended by chapter 95 of the laws of 2021, is amended to read as follows: § 2. This act shall take effect immediately, and shall expire and be deemed repealed July 31, [2023] 2025. § 34. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 35. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2023, provided, however, that: 1. Sections one, two, five, eight, nine, ten, eleven, fourteen, fifteen, sixteen, eighteen, thirty-one, thirty-three, thirty-three-a and thirty-three-b of this act shall take effect July 1, 2023; and 2. The amendments to chapter 756 of the laws of 1992 relating to fund- ing a program for work force education conducted by a consortium for worker education in New York city made by sections twenty and twenty-one of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART A-1 Section 1. The education law is amended by adding a new section 915-a to read as follows: § 915-A. UNIVERSAL SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE ALL PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST AND LUNCH AT NO COST TO THE STUDENT. PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL COMMUNITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT. 2. THE DEPARTMENT SHALL REIMBURSE THE DIFFERENCE BETWEEN THE AMOUNT PAID BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE FREE RATE AS SET ANNUALLY BY THE UNITED STATES SECRETARY OF AGRICULTURE UNDER 42 U.S.C. 1759A FOR EACH SCHOOL. 3. THE DEPARTMENT IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROMULGATE ANY RULE OR REGULATION NEEDED FOR S. 4006--B 25 PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN PARENTAL RELATION TO A STUDENT BY EITHER PROVIDING APPLICATION ASSISTANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED BY THE DEPARTMENT TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO INCREASE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE OR REDUCED PRICE SCHOOL MEALS. 4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO ASSIST PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPERATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING: A. ASSISTING LOCAL EDUCATIONAL AGENCIES WITH ONE OR MORE COMMUNITY-EL- IGIBILITY QUALIFYING SCHOOLS IN MEETING ANY STATE AND FEDERAL REQUIRE- MENTS NECESSARY IN ORDER TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION. B. IF A SCHOOL OR DISTRICT IS INELIGIBLE TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION, ASSISTING THE SCHOOL OR DISTRICT IN ACHIEVING ELIGIBILITY AND, IF THAT IS NOT FEASIBLE, ASSIST THE SCHOOL OR DISTRICT IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL FEDERAL PROVISIONS AVAILABLE TO SCHOOLS. C. MAXIMIZING DIRECT CERTIFICATION FOR SPECIFIC POPULATIONS AS ALLOW- ABLE UNDER FEDERAL RULES. 5. SCHOOL DISTRICTS SHALL REQUIRE PARENTS OR GUARDIANS OF STUDENTS TO FILL OUT THE FREE AND REDUCED PRICE LUNCH FORM AS PART OF THE ANNUAL REGISTRATION PROCESS. § 2. Section 5 of chapter 537 of the laws of 1976, relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, as amended by section 22-b of part A of chapter 56 of the laws of 2022, is amended to read as follows: § 5. a. Notwithstanding any monetary limitations with respect to school lunch programs contained in any law or regulation, for school lunch meals served in the school year commencing July 1, 2019 and ending June 30, 2022, a school food authority shall be eligible for a lunch meal State subsidy of twenty-five cents, which shall include any annual State subsidy received by such school food authority under any other provision of State law, for any school lunch meal served by such school food authority; provided that the school food authority certifies to the State Education Department through the application submitted pursuant to subdivision c of this section that such food authority has purchased at least thirty percent of its total cost of food products for its school lunch service program from New York state farmers, growers, producers or processors in the preceding school year. COMMENCING JULY 1, 2023, AND EACH JULY 1 THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ALLOWED TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS MADE FOR ALL IN SCHOOL MEAL PROGRAMS, SUCH AS BREAKFAST AND SNACKS, TO THE THIRTY PERCENT OF COSTS FOR SCHOOL LUNCH SERVICE PROGRAMS. b. Notwithstanding any monetary limitations with respect to school lunch programs contained in any law or regulation, for school lunch meals served in the school year commencing July 1, 2022 and each July 1 thereafter, a school food authority shall be eligible for a lunch meal State subsidy of twenty-five cents, which shall include any annual State subsidy received by such school food authority under any other provision of State law, for any school lunch meal served by such school food authority; provided that the school food authority certifies to the S. 4006--B 26 Department of Agriculture and Markets through the application submitted pursuant to subdivision c of this section that such food authority has purchased at least thirty percent of its total cost of food products for its school lunch service program from New York state farmers, growers, producers or processors in the preceding school year. c. The Department of Agriculture and Markets in cooperation with the State Education Department, shall develop an application for school food authorities to seek an additional State subsidy pursuant to this section in a timeline and format prescribed by the commissioner of agriculture and markets. Such application shall include, but not be limited to, documentation demonstrating the school food authority's total food purchases for its school lunch service program, and documentation demon- strating its total food purchases and percentages for such program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New York State farmers, growers, producers or processors in the preceding school year. The application shall also include an attestation from the school food authority's chief operating officer that it purchased at least thirty percent of its total cost of food products PERMITTED TO BE COUNTED UNDER THIS SECTION for its school lunch service program from New York State farmers, growers, producers or processors in the preceding school year in order to meet the requirements for this additional State subsidy. School food authorities shall be required to annually apply for this subsidy. After reviewing school food authorities' completed applications for an additional State subsidy pursuant to this section, the Department of Agriculture and Markets shall certify to the State Education Depart- ment the school food authorities approved for such additional State subsidy and the State Education Department shall pay such additional State subsidy to such school food authorities. d. The Department of Agriculture and Markets shall annually publish information on its website commencing on September 1, 2022 and each September 1 thereafter, relating to each school food authority that applied for and received this additional State subsidy, including but not limited to: the school food authority name, student enrollment, average daily lunch participation, total food costs for its school lunch service program, total cost of food products for its school lunch service program purchased from New York State farmers, growers, produc- ers or processors, and the percent of total food costs that were purchased from New York State farmers, growers, producers or processors for its school lunch service program. § 3. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602 of the education law, as added by section 19 of part H of chapter 83 of the laws of 2002, is amended to read as follows: (1) has a total project cost of [one] TWO hundred FIFTY thousand dollars or less; provided however, that for any district, no more than one project shall be eligible pursuant to this subparagraph for an apportionment within the same school year; and/or § 4. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 of the education law, as added by chapter 617 of the laws of 2021, is renumbered subparagraph 10 and a new subparagraph 11 is added to read as follows: (11) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE PURPOSE OF COMPUTATION OF BUILDING AID FOR CONSTRUCTION, RECON- STRUCTION OR MODERNIZING OF NOT MORE THAN FIVE CAPITAL CONSTRUCTION PROJECTS BY THE BINGHAMTON CITY SCHOOL DISTRICT, MULTI-YEAR COST ALLOW- ANCES FOR EACH PROJECT SHALL BE ESTABLISHED AND UTILIZED THREE TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL S. 4006--B 27 BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH. § 5. Subparagraphs (i) and (ii) of paragraph k of subdivision 4 of section 4405 of the education law, as amended by section 19-a of part A of chapter 56 of the laws of 2022, are amended to read as follows: (i) The tuition methodology established pursuant to this subdivision for the two thousand [twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE school year shall authorize approved private residential or non-residential schools for the education of students with disabilities that are located within the state, and special act school districts to retain funds PRIOR TO THE APPLICATION OF RECONCILIATION, INCLUDING BUT NOT LIMITED TO, THE APPLICATION OF NON-DIRECT CARE AND TOTAL COST SCREENS, in excess of their allowable and reimbursable costs, AS DEFINED BY THE REIMBURSABLE COST MANUAL, incurred for services and programs provided to school-age students. The amount of funds that may be annual- ly retained shall not exceed one percent of the school's or school district's [total allowable and reimbursable costs for services and programs] PROSPECTIVE PER DIEM RATE FOR SERVICES AND PROGRAMS provided to school-age students for the school year from which the funds are to be retained; provided that the total accumulated balance that may be retained shall not exceed four percent of such total costs for such school year; and provided further that such funds shall [not] be [recov- erable on] RETAINED PRIOR TO THE APPLICATION OF reconciliation of tuition rates, and shall be separate from and in addition to any other authorization to retain surplus funds on reconciliation. (ii) The tuition methodology established pursuant to this subdivision for the two thousand [twenty-two] TWENTY-THREE--two thousand [twenty- three] TWENTY-FOUR school year and annually thereafter shall authorize approved providers to retain funds PRIOR TO THE APPLICATION OF RECONCIL- IATION, INCLUDING, BUT NOT LIMITED TO, THE APPLICATION OF NON-DIRECT CARE AND TOTAL COST SCREENS, in excess of their allowable and reimbursa- ble costs, AS DEFINED BY THE REIMBURSABLE COST MANUAL, incurred for services and programs provided to school-age and preschool students. The amount of funds that may be annually retained shall not exceed the allowable surplus percentage, AS DEFINED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, of the approved provider's [total allowable and reimbursable costs] PROSPECTIVE PER DIEM RATE for services and programs provided to school-age and preschool students for the school year from which the funds are to be retained[, as defined in subparagraph (iii) of this paragraph]; provided that such funds shall [not] be [recoverable on] RETAINED PRIOR TO THE APPLICATION OF reconciliation [of tuition rates]. For purposes of this subparagraph, "approved providers" shall mean private residential or non-residential schools for the education of students with disabilities that are located within the state, special act school districts, JULY AND AUGUST PROGRAMS FOR STUDENTS WITH DISA- BILITIES APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE, and programs approved pursuant to section forty-four hundred ten of this article that are subject to tuition rate reconciliation. § 6. Subdivision 4 of section 4405 of the education law is amended by adding a new paragraph l to read as follows: 1. TUITION, REGIONAL, AND/OR FEE FOR SERVICE REIMBURSEMENT RATES DETERMINED AND APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTABLISH- MENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY ESTAB- LISHED PURSUANT TO THIS SUBDIVISION FOR THE TWO THOUSAND TWENTY-THREE-- TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ANNUALLY THEREAFTER, FOR SPECIAL SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY S. 4006--B 28 APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCA- TION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE, BY SPECIAL ACT SCHOOL DISTRICTS, AND BY JULY AND AUGUST PROGRAMS FOR STUDENTS WITH DISABILITIES APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE AND FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO PRESCHOOL STUDENTS WITH DISABILITIES BY PROGRAMS APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND SPECIAL CLASS IN AN INTEGRATED SETTING PROGRAMS, MULTI-DISCIPLINARY EVALUATION PROGRAMS, SPECIAL EDUCA- TION ITINERANT SERVICES, AND PRESCHOOL TRANSPORTATION SERVICES FOR WHICH TUITION AND/OR FEE FOR SERVICE RATES ARE DETERMINED SHALL INCLUDE THE ANNUAL GROWTH AMOUNT FOR SUCH RATES APPROVED FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ANNUALLY THERE- AFTER PENDING CERTIFICATION OF THE PROSPECTIVE RATES FOR THE TWO THOU- SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS. § 7. Section 4003 of the education law is amended by adding a new subdivision 8 to read as follows: 8. TUITION, REGIONAL, AND/OR FEE FOR SERVICE REIMBURSEMENT RATES DETERMINED AND APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTABLISH- MENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY ESTAB- LISHED PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ANNUALLY THEREAFTER, FOR SPECIAL SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY A SPECIAL ACT SCHOOL DISTRICT OR AN APPROVED PRIVATE SCHOOL OPERATED BY A CHILD CARE INSTITUTION SHALL INCLUDE THE ANNUAL GROWTH AMOUNT FOR SUCH RATES APPROVED FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ANNUALLY THEREAFTER PENDING CERTIFICATION OF THE PROSPECTIVE RATES FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN- TY-FOUR SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS. § 8. Paragraph c of subdivision 4 of section 4405 of the education law, as amended by chapter 82 of the laws of 1995, is amended to read as follows: c. The director of the budget, in consultation with the commissioner [of education], the commissioner of social services, and any other state agency or other source the director may deem appropriate, shall approve reimbursement methodologies for tuition and for maintenance. Any modifi- cation in the approved reimbursement methodologies shall be subject to the approval of the director of the budget. [Notwithstanding any other provision of law, rule or regulation to the contrary, tuition rates established for the nineteen hundred ninety-five--ninety-six school year shall exclude the two percent cost of living adjustment authorized in rates established for the nineteen hundred ninety-four--ninety-five school year.] TUITION, REGIONAL, AND/OR FEE FOR SERVICE RATES APPROVED FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE, BY SPECIAL ACT SCHOOL DISTRICTS, AND BY JULY AND AUGUST PROGRAMS FOR STUDENTS WITH DISABILITIES ENTITLED TO ATTEND PUBLIC SCHOOLS WITHOUT THE PAYMENT OF TUITION PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER, AND FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO PRESCHOOL STUDENTS BY PROGRAMS SERVING PRESCHOOL STUDENTS WITH DISABILITIES APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND SPECIAL CLASS IN AN INTEGRATED SETTING PROGRAMS, MULTI-DISCIPLINARY EVALUATION PROGRAMS, S. 4006--B 29 SPECIAL EDUCATION ITINERANT SERVICES, AND PRESCHOOL TRANSPORTATION SERVICES FOR WHICH TUITION AND/OR REGIONAL RATES ARE DETERMINED, SHALL GROW BY A PERCENTAGE EQUAL TO THE GREATER OF: (I) THE DIFFERENCE OF THE QUOTIENT ARRIVED AT WHEN DIVIDING THE STATEWIDE APPORTIONMENTS FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT YEAR BY SUCH APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO. § 9. Subdivision 2 of section 4003 of the education law, as amended by chapter 947 of the laws of 1981, is amended to read as follows: 2. The director of the budget, in consultation with the commissioner [of education], the commissioner of social services, the commissioner of health, the commissioner of mental health, and any other state agency or other source he may deem appropriate, shall approve reimbursement meth- odologies for tuition and maintenance. Any modification in any such methodology which has previously been approved shall be subject to the approval of the director of the budget. TUITION, REGIONAL, AND/OR FEE FOR SERVICE RATES APPROVED FOR THE TWO THOUSAND TWENTY-THREE--TWO THOU- SAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY AN APPROVED PRIVATE SCHOOL OR SPECIAL ACT SCHOOL DISTRICT OPERATED BY A CHILD CARE INSTITUTION, SHALL GROW BY A PERCENTAGE EQUAL TO THE GREATER OF: (I) THE DIFFERENCE OF THE QUOTIENT ARRIVED AT WHEN DIVIDING THE STATEWIDE APPORTIONMENTS FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT YEAR BY SUCH APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO. § 10. Section 4204-b of the education law is amended by adding a new subdivision 5 to read as follows: 5. FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, AN INSTITUTION SUBJECT TO THIS ARTICLE SHALL BE AUTHORIZED TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS INCURRED FOR SERVICES AND PROGRAMS TO STUDENTS APPOINTED. THE AMOUNT OF FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED ONE PERCENT OF THE INSTITUTION'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO STUDENTS FOR THE SCHOOL YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED, PROVIDED THAT THE TOTAL ACCUMULATED BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT OF SUCH TOTAL COSTS FOR SUCH SCHOOL YEAR AND PROVIDED, FURTHER, THAT SUCH FUNDS SHALL NOT BE RECOVERABLE ON RECONCILIATION, SUCH FUNDS SHALL BE CARRIED FORWARD AS TOTAL REIMBURSABLE COSTS FOR PURPOSES OF CALCULATING SUBSE- QUENT YEAR PROSPECTIVE AND RECONCILIATION TUITION RATES AND SUCH FUNDS SHALL BE SEPARATE FROM AND IN ADDITION TO ANY OTHER AUTHORIZATION TO RETAIN SURPLUS FUNDS ON RECONCILIATION. FUNDS SHALL BE EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD OF THE INSTITUTION FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF ALLOWABLE COSTS FOR THE YEAR IN WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS MAY BE EXPENDED TO PAY PRIOR YEAR OUTSTANDING DEBTS. ANY INSTITUTION THAT RETAINS FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REQUIRED TO ANNUALLY REPORT A STATEMENT OF THE TOTAL BALANCE OF SUCH RETAINED FUNDS, THE S. 4006--B 30 AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY, DISPERSED IN THE PRIOR SCHOOL YEAR, AND THE FINANCIAL REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT. § 11. Paragraph b of subdivision 5 of section 1950 of the education law, as amended by chapter 130 of the laws of 2022, is amended to read as follows: b. The cost of services herein referred to shall be the amount allo- cated to each component school district by the board of cooperative educational services to defray expenses of such board, including approved expenses from the testing of potable water systems of occupied school buildings under the board's jurisdiction as required pursuant to section eleven hundred ten of the public health law provided that such expenses for testing of potable water systems are not reimbursable from another state or federal source, except that that part of the salary paid any teacher, supervisor or other employee of the board of cooper- ative educational services which is, (I) FOR THE TWO THOUSAND TWENTY- TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND PRIOR SCHOOL YEARS, in excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU- SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR IN EXCESS OF FORTY THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR IN EXCESS OF FIFTY THOU- SAND DOLLARS, (IV) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY THOU- SAND DOLLARS, shall not be such an approved expense, and except also that administrative and clerical expenses shall not exceed ten percent of the total expenses for purposes of this computation. Any gifts, donations or interest earned by the board of cooperative educational services or on behalf of the board of cooperative educational services by the dormitory authority or any other source shall not be deducted in determining the cost of services allocated to each component school district. Any payments made to a component school district by the board of cooperative educational services pursuant to subdivision eleven of section six-p of the general municipal law attributable to an approved cost of service computed pursuant to this subdivision shall be deducted from the cost of services allocated to such component school district. The expense of transportation provided by the board of cooperative educational services pursuant to paragraph q of subdivision four of this section shall be eligible for aid apportioned pursuant to subdivision seven of section thirty-six hundred two of this chapter and no board of cooperative educational services transportation expense shall be an approved cost of services for the computation of aid under this subdivi- sion. Transportation expense pursuant to paragraph q of subdivision four of this section shall be included in the computation of the ten percent limitation on administrative and clerical expenses. § 12. Paragraph b of subdivision 10 of section 3602 of the education law, as amended by section 16 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 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] NINE 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 budget, an amount for each such pupil to be computed by multiplying the career education aid ratio by three thousand nine hundred dollars. Such aid will be payable for weighted pupils attending career education S. 4006--B 31 programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooperative educa- tional services to attend career education programs operated by a board of cooperative educational services. Weighted pupils for the purposes of this paragraph shall mean the sum of the attendance of students in grades [ten] NINE 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] NINE through twelve in career education 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 prod- uct 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. § 13. Subdivision 6-a of section 3641 of the education law, as added by section 16 of part A of chapter 57 of the laws of 2013, is amended to read as follows: 6-a. Community school grants. [a. Within the amount appropriated for such purpose, subject to a plan developed by the state council on chil- dren and families in coordination with the commissioner and approved by the director of the budget, the commissioner shall award competitive grants pursuant to this subdivision to eligible school districts or in a city with a population of one million or more an eligible entity to implement, beginning in the two thousand thirteen--two thousand fourteen school year, a plan that targets school buildings as community hubs to deliver co-located or school-linked academic, health, mental health, nutrition, counseling, legal and/or other services to students and their families in a manner that will lead to improved educational and other outcomes. In a city with a population of one million or more, eligible entities shall mean the city school district of the city of New York, or not-for-profit organizations, which shall include not-for-profit commu- nity based organizations. An eligible entity that is a not-for-profit may apply for a community school grant provided that it collaborates with the city school district of the city of New York and receives the approval of the chancellor of the city school district of the city of New York. (1) Such plan shall include, but not be limited to: (i) The process by which a request for proposals will be developed; (ii) The scoring rubric by which such proposals will be evaluated, provided that such grants shall be awarded based on factors including, but not limited to: measures of school district need; measures of the need of students to be served by each of the school districts; the school district's proposal to target the highest need schools and S. 4006--B 32 students; the sustainability of the proposed community schools program; and proposal quality; (iii) The form and manner by which applications will be submitted; (iv) The manner by which calculation of the amount of the award will be determined; (v) The timeline for the issuance and review of applications; and (vi) Program implementation phases that will trigger payment of set percentages of the total award. (2) In assessing proposal quality, the commissioner shall take into account factors including, but not limited to: (i) The extent to which the school district's proposal would provide such community services through partnerships with local governments and non-profit organizations; (ii) The extent to which the proposal would provide for delivery of such services directly in school buildings; (iii) The extent to which the proposal articulates how such services would facilitate measurable improvement in student and family outcomes; (iv) The extent to which the proposal articulates and identifies how existing funding streams and programs would be used to provide such community services; and (v) the extent to which the proposal ensures the safety of all students, staff and community members in school buildings used as commu- nity hubs. b. A response to a request for proposals issued pursuant to this subdivision may be submitted by a single school district or jointly by a consortium of two or more school districts, or in a city with a popu- lation of one million or more, an eligible entity. c. The amount of the grant award shall be determined by the commis- sioner, consistent with the plan developed pursuant to paragraph a of this subdivision, except that no single district may be awarded more than forty percent of the total amount of grant awards made pursuant to this subdivision; and provided further that the maximum award to any individual community school site shall be five hundred thousand dollars; and provided further that the amount awarded will be paid out in set percentages over time upon successful implementation of each phase of a school district's approved proposal set forth pursuant to paragraph a of this subdivision; and provided further that none of the grants awarded pursuant to this subdivision may be used to supplant existing funding.] A. FOR THE PURPOSES OF THIS SECTION, A "COMMUNITY SCHOOL" SHALL INCLUDE BOTH A PLACE AND A SET OF PARTNERSHIPS BETWEEN THE SCHOOL DISTRICT AND OTHER COMMUNITY RESOURCES TO TAKE A COMPREHENSIVE APPROACH TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES; FOCUSED ON ACADEMICS, HEALTH, MENTAL WELLNESS, SOCIAL SERVICES, YOUTH AND COMMUNITY DEVELOPMENT AND FAMILY AND COMMUNITY ENGAGEMENT WHICH LEADS TO IMPROVED STUDENT LEARN- ING, STRONGER FAMILIES AND HEALTHIER COMMUNITIES; AND HAS A FRAMEWORK IN PLACE TO ELIMINATE THE BARRIERS FOR ALL STUDENTS TO HAVE ACCESS TO A HIGH-QUALITY LEARNING EXPERIENCE. (1) SUCH SCHOOLS SHALL INCLUDE A COMMUNITY SCHOOL DIRECTOR TO IMPLE- MENT THE COMMUNITY SCHOOL FRAMEWORK BY: (I) REVIEWING STUDENT DATA AND CONDUCTING COMMUNITY WIDE ASSESSMENTS OF NEEDS AND ASSETS; (II) COORDINATING AND LEVERAGING INTEGRATED HEALTH, MENTAL WELLNESS AND SOCIAL SUPPORTS; (III) IDENTIFYING AND SECURING FAMILY SUPPORTS THAT INCLUDE EMPOWERING PARENTS TO PARTICIPATE IN DECISION MAKING AND TO MAINTAIN ACTIVE FAMILY S. 4006--B 33 AND COMMUNITY ENGAGEMENT THAT VALUES THEIR DIVERSE EXPERIENCES AND BACK- GROUNDS TO DEVELOP AND PROMOTE A VISION FOR STUDENT SUCCESS; (IV) IMPLEMENTING, EXPANDING AND ENRICHING LEARNING TIME, PROGRAMS AND OPPORTUNITIES, INCLUDING BUT NOT LIMITED TO BEFORE, DURING AND AFTER- SCHOOL, WEEKEND, SUMMER AND YEAR-ROUND PROGRAMS, THAT PROVIDE ADDITIONAL ACADEMIC SUPPORT, ENRICHMENT ACTIVITIES AND OTHER PROGRAMS THAT MAY BE OFFERED IN PARTNERSHIP WITH COMMUNITY-BASED ORGANIZATIONS TO ENHANCE ACADEMIC LEARNING, SOCIAL SKILLS, EMOTIONAL AND LIFE SKILLS; (V) MANAGING A COMMUNITY SCHOOL-BASED COMMITTEE THAT INCLUDES BUT IS NOT LIMITED TO THE SCHOOL PRINCIPAL, CERTIFIED CLASSROOM TEACHERS, SCHOOL RELATED PROFESSIONALS, OTHER SCHOOL EMPLOYEES, FAMILIES, COMMUNI- TY ORGANIZATIONS, AND COLLECTIVE BARGAINING ORGANIZATIONS, THAT GUIDES COLLABORATIVE PLANNING, IMPLEMENTATION AND OVERSIGHT; AND (VI) IMPLEMENTING HIGH-QUALITY TEACHING AND LEARNING THAT PROVIDES ONGOING PROFESSIONAL DEVELOPMENT TO TEACHERS AND SCHOOL-RELATED PROFES- SIONALS. (2) FOR THE PURPOSES OF THIS SECTION A COMMUNITY SCHOOL FRAMEWORK IS A SET OF STRATEGIES IMPLEMENTED IN A COMMUNITY SCHOOL THAT INCLUDE PROGRAMS AND SERVICES THAT FOCUS ON BUILDING AND MAINTAINING RELATION- SHIPS TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES FOR STUDENTS. B. ALLOCATION OF FUNDS. EACH QUALIFYING SCHOOL DISTRICT SHALL RECEIVE FUNDING FROM THIS PROGRAM EQUAL TO THE RESULT OF THE QUOTIENT OF EACH DISTRICT'S FOUNDATION AID COMMUNITY SCHOOL SETASIDE AMOUNT ESTABLISHED PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE DIVIDED BY THE STATEWIDE VALUE OF THE FOUNDATION AID COMMUNITY SCHOOL SETASIDE AMOUNT ESTABLISHED PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY THE AMOUNT OF THE APPROPRIATION FOR THE COMMUNITY SCHOOL CATEGORICAL GRANT ESTABLISHED HEREIN. DISTRICTS WHICH DO NOT HAVE A SETASIDE OF FOUNDATION AID FOR COMMUNITY SCHOOLS PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL NOT BE ELIGIBLE FOR FUNDS PURSUANT TO THIS SUBDIVISION. C. THE COMMISSIONER SHALL PROMULGATE REGULATIONS THAT SET FORTH THE REQUIREMENTS FOR USE OF SUCH FUNDS BY DISTRICTS, WHICH SHALL INCLUDE A REQUIREMENT THAT DISTRICTS REQUIRE THAT FUNDS BE USED TO TRANSFORM PREEXISTING COMMUNITY SCHOOL PROGRAMS, STRUGGLING OR PERSISTENTLY STRUG- GLING SCHOOLS, OR SCHOOLS WITH SIGNIFICANT LEVELS OF POVERTY, HOMELESS- NESS, FREE AND REDUCED PRICE MEALS, OR OTHER FACTORS AS DETERMINED BY THE COMMISSIONER. PROVIDED FURTHER THAT SUCH REGULATIONS SHALL REQUIRE SCHOOL DISTRICTS TO DEMONSTRATE SUBSTANTIAL TEACHER, PARENT AND COMMUNI- TY INVOLVEMENT IN THE PLANNING, IMPLEMENTATION, AND OPERATION OF A COMMUNITY SCHOOL. THE COMMISSIONER MAY DETERMINE THAT A PREEXISTING COMMUNITY SCHOOLS PROGRAM SATISFIES THE REQUIREMENTS OF THE COMMISSION- ER'S REGULATIONS PROVIDED THAT HE OR SHE MAY REQUIRE ANY MODIFICATION THERETO. § 14. The education law is amended by adding new section 3037-a to read as follows: § 3037-A. GRANTS FOR HIRING ART OR MUSIC TEACHERS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE TEACHER" SHALL MEAN AN INDIVIDUAL THAT: (A) (I) IS CERTIFIED TO TEACH IN NEW YORK STATE PURSUANT TO SECTION THREE THOUSAND FOUR OF THIS ARTICLE; (II) HOLDS A MASTER'S DEGREE OR PH.D. IN AN ART OR MUSIC SUBJECT OR IN EDUCATION; OR (III) HOLDS A BACHELOR'S DEGREE IN AN ART OR MUSIC SUBJECT OR IN EDUCATION AND IS CURRENTLY ENROLLED IN A MASTER'S OR PH.D. PROGRAM IN AN ART OR MUSIC SUBJECT OR IN EDUCATION WITHIN FIVE YEARS FROM THE LATER OF S. 4006--B 34 THE EFFECTIVE DATE OF THIS SECTION OR THE EMPLOYMENT START DATE WITH THE NONPUBLIC SCHOOL; (B) TEACHES ART OR MUSIC IN ANY GRADES FROM KINDERGARTEN THROUGH TWELVE; AND (C) IS EMPLOYED BY A NONPUBLIC SCHOOL. 2. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, NONPUBLIC SCHOOLS SHALL, UPON APPLICATION, BE REIMBURSED BY THE DEPARTMENT FOR THE SALARIES OF ELIGIBLE TEACHERS. EACH SCHOOL WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE OFFICE OF RELIGIOUS AND INDEPENDENT SCHOOLS AN APPLICATION THEREFOR, TOGETHER WITH SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY REASONABLY REQUIRE, AT SUCH TIMES, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY PRESCRIBE BY REGULATION. APPLICATIONS FOR REIMBURSEMENT PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST FIRST OF EACH YEAR FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES OF ELIGIBLE TEACHERS IN THE PRIOR YEAR. (B) PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, REIMBURSEMENT FOR ELIGIBLE TEACHERS SHALL BE THE AVERAGE COMPARABLE TEACHER SALARY AND PERSONAL SERVICE, PER SUBJECT AREA, OF PUBLIC SCHOOL TEACHERS IN THE SCHOOL DISTRICT IN WHICH SUCH NONPUBLIC SCHOOLS ARE LOCATED, MULTIPLIED BY THE PERCENTAGE OF FULL TIME EQUIVALENT SECULAR INSTRUCTIONAL HOURS COMPLETED IN THE SCHOOL DAY PER SUBJECT AREA. REIMBURSEMENTS SHALL NOT BE PROVIDED FOR ELIGIBLE TEACHERS WHO PROVIDE INSTRUCTION IN ART OR MUSIC IF SUCH TEACHERS ALSO PROVIDE NON-SECULAR INSTRUCTION IN ANY CAPACITY. (C) IN THE EVENT THAT THE APPLICATIONS FOR REIMBURSEMENT UNDER THIS SECTION EXCEED THE APPROPRIATION AVAILABLE FOR THIS PROGRAM, THEN EACH APPLICANT SHALL ONLY BE REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH APPLICANT REPRESENTS TO THE TOTAL OF ALL APPLICATIONS SUBMITTED. 3. THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. § 15. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section or part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 16. This act shall take effect immediately; provided, however, that sections one, eleven, and twelve of this act shall take effect July 1, 2023. PART B Intentionally Omitted PART C Section 1. The education law is amended by adding a new section 6438-b to read as follows: S. 4006--B 35 § 6438-B. ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS. 1. EVERY CAMPUS OF THE STATE UNIVERSITY OF NEW YORK AND EVERY CAMPUS OF THE CITY UNIVERSITY OF NEW YORK, WHICH SHALL INCLUDE THE COMMUNITY COLLEGE CAMPUSES OF SUCH INSTITUTIONS, SHALL PROVIDE ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS FOR ALL STUDENTS ENROLLED AT SUCH INSTI- TUTIONS. 2. FOR PURPOSES OF THIS SECTION, "ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS" MEANS EITHER: (A) THE PRESCRIBING AND DISPENSING OF MEDICATION ABORTION PRESCRIPTION DRUGS DIRECTLY TO A STUDENT, PERFORMED BY INDIVIDUALS LEGALLY CERTIFIED TO PRESCRIBE AND DISPENSE SUCH MEDICATION EMPLOYED BY OR WORKING ON BEHALF OF THE CAMPUS; OR (B) REFERRAL TO A HEALTHCARE PROVIDER OR PHARMACY IN THE COMMUNITY CERTIFIED TO DISPENSE SUCH MEDICATION. 3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL ADOPT UNIFORM POLICES FOR EACH UNIVERSITY ENSURING EFFECTIVE ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS PURSUANT TO THIS SECTION. § 2. This act shall take effect August 1, 2023. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D Section 1. Paragraphs b and c of subdivision 4 of section 612 of the education law, as added by chapter 425 of the laws of 1988, are amended to read as follows: [b. A grant to a recipient of an award under this section shall not exceed the amount of three hundred thousand dollars for any grant year, provided that a recipient may receive a grant in excess of such amount at the rate of twelve hundred fifty dollars for each student, in excess of two hundred forty students, who is provided compensatory and support services by the recipient during such grant year. c.] B. The grant recipients shall provide students at public and nonpublic schools the opportunity to receive compensatory and support services in an equitable manner consistent with the number and need of the children in such schools. § 2. This act shall take effect immediately. PART E 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 DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL SHAREHOLDERS OF A 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 7404 OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL S. 4006--B 36 CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED 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 ACTIVE- LY PARTICIPATES IN THE BUSINESS OF 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 OR AN AFFILIATED ENTI- TY. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 2. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 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 OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPO- RATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, AND (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, AND (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 PROFESSIONAL SERVICE CORPORATION ESTABLISHED PURSU- ANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL 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 1503 OF THIS ARTICLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN ANY STATE, PROVIDED HOWEVER THAT AT LEAST A SIMPLE MAJORITY OF THE DIREC- TORS, AT LEAST A SIMPLE MAJORITY OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHARE- HOLDERS 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: S. 4006--B 37 § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, who has been rendering professional service to the public becomes legally disqualified to practice his OR HER profession within this state, he OR SHE shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of professional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his OR HER profession within this state shall be deemed to constitute an irrevocable offer by the disqual- ified shareholder to sell his OR HER shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compliance with this provision shall constitute a ground for forfeiture of its certif- icate of incorporation and its dissolution. § 5. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, may sell or transfer his OR HER shares in such corporation except to another individual who is eligible to have shares issued to him OR HER by such corporation or except in trust to another individual who would be eligible to receive shares if he OR SHE were employed by the corporation. Nothing herein contained shall be construed to prohibit the transfer of shares by oper- ation of law or by court decree. No transferee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligible to have shares issued to him OR HER if he OR SHE were an employee of the corporation and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one shareholder, may be made only after the same shall have been approved by the board of direc- tors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as 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 S. 4006--B 38 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 1503 OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LI- CENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTAB- LISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 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 1503 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 A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, AND (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 A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (I) 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 S. 4006--B 39 TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPO- RATION 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 7404 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 REGIS- TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTIC- IPATES 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 BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY. § 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 AS A FIRM, 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 PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liability partnership formed to provide professional engineer- ing, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to arti- cle 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 regis- tered 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 partner 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 practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article S. 4006--B 40 163 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 REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 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 REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) 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 OR AN AFFILIATED ENTITY. § 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 LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT S. 4006--B 41 TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) 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 (II) THAT ALL PARTNERS OF THE FOREIGN 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 7404 OF THE EDUCA- TION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTER- EST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVI- ATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED THAT 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 OR AN AFFILIATED ENTITY. § 10. 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 S. 4006--B 42 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 LIMIT- ED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW S. 4006--B 43 (I) 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 (II) THAT ALL MEMBERS OF A 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 7404 OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPI- TAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMUL- GATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, 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 OR AN AFFILIATED ENTITY. § 11. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect S. 4006--B 44 to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional 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 S. 4006--B 45 SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC- TICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) 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 INDI- VIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) 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 7404 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 REGIS- TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGIS- TERED WITH THE EDUCATION DEPARTMENT 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 (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) 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 INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY. § 12. Notwithstanding any other provision of law to the contrary, if a firm which is registered with the education department to lawfully engage in the practice of public accountancy has one or more non-licen- see owners, each such non-licensee owner of the firm whose principal place of business is in New York state shall pay a fee of nine hundred dollars to the department of education on a triennial basis. § 13. This act shall take effect immediately. PART F Section 1. Short title. This article shall be known and cited as the "new homes targets and production incentives act". § 2. Article 20 of the general municipal law, as renumbered by chapter 84 of the laws of 1981, is renumbered to be article 21, sections 1000 and 1001 are renumbered to be sections 1020 and 1021, and a new article 20 is added to read as follows: ARTICLE 20 NEW HOMES TARGETS AND PRODUCTION INCENTIVES SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. 1001. DEFINITIONS. 1002. APPLICABILITY. 1003. GROWTH TARGETS. 1004. HOUSING PRODUCTION INCENTIVES. 1005. LAND USE ADVISORY COUNCIL. S. 4006--B 46 § 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES THAT: 1. THE LACK OF HOUSING, ESPECIALLY AFFORDABLE AND SUPPORTIVE HOUSING, IS A CRITICAL PROBLEM THAT THREATENS THE ECONOMIC, ENVIRONMENTAL, AND SOCIAL QUALITY OF LIFE THROUGHOUT NEW YORK STATE AND DISPROPORTIONATELY BURDENS VARIOUS VULNERABLE POPULATIONS THAT DISPROPORTIONATELY NEED MORE AFFORDABLE HOUSING OPTIONS INCLUDING, BUT NOT LIMITED TO, LOW- AND MODERATE-INCOME, RACIAL AND ETHNIC MINORITY, AND ELDERLY HOUSEHOLDS. 2. HOUSING IN THE STATE OF NEW YORK IS AMONG THE MOST EXPENSIVE IN THE NATION. THE EXCESSIVE COST OF THE STATE'S HOUSING SUPPLY IS PARTIALLY CAUSED BY A LACK OF NEW HOUSING PRODUCTION DUE TO THE PREVALENCE OF LOCAL GOVERNMENTAL LAND USE POLICIES THAT LIMIT THE OPPORTUNITIES FOR AND PLACE PROCEDURAL IMPEDIMENTS ON THE APPROVAL OF HOUSING DEVELOPMENTS AND THEREBY INCREASE DEVELOPMENT COSTS AND RESTRICT THE HOUSING SUPPLY. 3. LOCAL GOVERNMENTAL LIMITATIONS ON AND BARRIERS TO HOUSING DEVELOP- MENT ARE ESPECIALLY COMMON FOR MULTI-FAMILY HOUSING DEVELOPMENT, WHICH CONSTRAINS THE SUPPLY OF AFFORDABLE AND SUPPORTIVE HOUSING THAT OFTEN REQUIRE MULTI-FAMILY DEVELOPMENT TO BE ECONOMICALLY FEASIBLE. 4. AMONG THE CONSEQUENCES OF THE PREVALENCE OF LOCAL RESTRICTIONS ON HOUSING DEVELOPMENT ARE THE LACK OF HOUSING TO SUPPORT EMPLOYMENT GROWTH; IMBALANCE IN NUMBER OF JOBS AND HOUSING SUPPLY, WITH THE FORMER OUTSTRIPPING THE LATTER; SPRAWL; EXCESSIVE COMMUTING; AND THE POTENTIAL FOR DISCRIMINATION AGAINST LOW-INCOME AND MINORITY HOUSEHOLDS WHO DISPROPORTIONATELY REQUIRE AFFORDABLE HOUSING OPPORTUNITIES. 5. MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL POLICIES AND ACTIONS THAT HAVE THE EFFECT OF STAGNATING OR REDUCING THE SUPPLY OF HOUSING, INCLUDING AFFORDABLE AND SUPPORTIVE HOUSING, OR HOW SUCH POLICIES AND ACTIONS THEREBY PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. 6. ADDITIONALLY, MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL POLICIES AND ACTIONS THAT RESULT IN DISAPPROVALS OR INHI- BITION OF PROPOSALS FOR HOUSING DEVELOPMENT PROJECTS THAT WOULD BENEFIT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE; A REDUCTION IN DENSITY OF SUCH HOUSING PROJECTS; AND CREATION OF EXCESSIVE LAND USE AND OTHER BARRIERS FOR SUCH HOUSING DEVELOPMENTS TO BE BUILT. 7. LEGISLATION IS NECESSARY TO FORESTALL RESTRICTIVE LAND USE PRAC- TICES THAT INHIBIT AND LIMIT HOUSING DEVELOPMENT, AND TO FORESTALL UNDUE LOCAL DISAPPROVALS OF HOUSING DEVELOPMENT PROJECTS, ESPECIALLY AFFORDA- BLE AND SUPPORTIVE HOUSING, GIVEN THAT SUCH PRACTICES AND DISAPPROVALS PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. 8. THE STATE OF NEW YORK MUST ENSURE THAT LOCAL GOVERNMENTS GIVE ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRON- MENTAL, AND SOCIAL COSTS OF LAND USE ZONING AND PLANNING POLICIES AND ACTIONS, AS WELL AS THE DENIAL OF APPLICATIONS TO BUILD NEW HOUSING, WHICH COLLECTIVELY AND INDIVIDUALLY MAY RESULT IN A DEARTH OF APPROPRI- ATE HOUSING TO MEET THE NEEDS OF ALL RESIDENTS IN THE COMMUNITY OR REGION. 9. IN FURTHERANCE OF OVERALL HOUSING PRODUCTION GOALS AND TO PROMOTE THE GREATEST EFFICIENCY AND COORDINATED DEVELOPMENT EFFORTS OF LOCALI- TIES WITHIN THE STATE, IT IS BOTH A MATTER OF STATE CONCERN AND THE POLICY OF THE STATE THAT LOCAL GOVERNMENTS ADDRESS THEIR LAND USE POLI- CIES, PRACTICES, AND DECISIONS THAT MAKE HOUSING DEVELOPMENTS, AND ESPE- CIALLY MULTI-FAMILY, AFFORDABLE, AND SUPPORTIVE HOUSING DEVELOPMENTS, IMPOSSIBLE OR INFEASIBLE. S. 4006--B 47 10. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION, THE PROVISIONS OF THIS ARTICLE ARE DESIGNED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF NEW YORK STATE. § 1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES OF THIS ARTICLE: 1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED RESIDENTIAL DWELLING UNIT THAT PROVIDES HOUSING FOR ONE OR MORE PERSONS WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING PRIMARY RESIDEN- TIAL DWELLING UNIT AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE PRIMARY SINGLE-FAMILY OR MULTI-FAMILY DWELLING. 2. "AFFORDABLE HOUSING" SHALL MEAN ANY INCOME RESTRICTED HOUSING, WHETHER INTENDED FOR RENTAL OR HOMEOWNERSHIP, THAT IS SUBJECT TO A REGU- LATORY AGREEMENT WITH A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY. 3. "APPLICATION" SHALL MEAN AN APPLICATION FOR A BUILDING PERMIT, VARIANCE, WAIVER, CONDITIONAL USE PERMIT, SPECIAL PERMIT, ZONING TEXT AMENDMENT, ZONING MAP AMENDMENT, AMENDMENT TO ZONING DISTRICTS, CERTIF- ICATION, AUTHORIZATION, SITE PLAN APPROVAL, SUBDIVISION APPROVAL, OR OTHER DISCRETIONARY LAND USE DETERMINATION BY A LEAD AGENCY EQUIVALENT. 4. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. 5. "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDEN- TIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, RESIDENTIAL DWELLING UNIT SIZES, OR RESIDENTIAL DWELLING UNIT COUNTS PROPOSED BY THE OWNER. 6. "LAND USE ADVISORY COUNCIL" SHALL MEAN THE LAND USE ADVISORY COUN- CIL ESTABLISHED PURSUANT TO THIS ARTICLE. 7. "LAND USE ACTION" SHALL MEAN ANY ENACTMENT OF OR AMENDMENT TO A PROVISION OF A ZONING LOCAL LAW, ORDINANCE, RESOLUTION, POLICY, PROGRAM, PROCEDURE, COMPREHENSIVE PLAN, SITE PLAN, SUBDIVISION PLAN, CRITERIA, RULE, REGULATION, OR REQUIREMENT OF A LOCAL AGENCY. 8. "LAND USE REQUIREMENTS" SHALL MEAN ANY AND ALL LOCAL LAWS, ORDI- NANCES, RESOLUTIONS, OR REGULATIONS, THAT SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMIT- ED TO A LOCALITY'S: A. WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; B. ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; C. SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; D. SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; E. SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGU- LATIONS; AND F. POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER REGULATO- RY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF LAND, OR THE INTENSITY OF SUCH DEVELOPMENT. 9. "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY LEGISLATIVE BODY OF A LOCALITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVI- SION, PLANNING COMMISSION, BOARD OF STANDARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD OR OTHER ENTITY RELATED TO A LOCALITY WITH THE AUTHOR- S. 4006--B 48 ITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LAND USE REQUIREMENTS AS DEFINED IN THIS ARTICLE. 10. "LOCALITY" SHALL REFER TO ALL CITIES, TOWNS, OR VILLAGES THAT REGULATE LAND USE PURSUANT TO THE GENERAL CITY LAW, THE TOWN LAW, THE VILLAGE LAW, OR OTHER STATE LAW, AS APPLICABLE. PROVIDED FURTHER THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, "LOCALITY" SHALL REFER TO A COMMUNITY DISTRICT AS DEFINED BY CHAPTER SIXTY-NINE OF THE CHARTER OF THE CITY OF NEW YORK. PROVIDED FURTHER THAT "LOCALITY" SHALL REFER TO ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY, WHERE SUCH COUNTY REGULATES OR OTHERWISE HAS APPROVAL AUTHORITY OVER LAND USE REQUIREMENTS. 11. "METROPOLITAN TRANSPORTATION COMMUTER DISTRICT" SHALL REFER TO THE COUNTIES OF THE BRONX, KINGS (BROOKLYN), NEW YORK, RICHMOND (STATEN ISLAND), QUEENS, WESTCHESTER, PUTNAM, DUTCHESS, ROCKLAND, NASSAU, AND SUFFOLK. 12. "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A RESIDENTIAL LAND USE APPLICATION. 13. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A 100-YEAR FLOODPLAIN OR WAS NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES AS OF THE EFFECTIVE DATE OF THIS ARTICLE. 14. "RESIDENTIAL DWELLING UNIT" SHALL MEAN ANY BUILDING OR STRUCTURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. 15. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL DWELLING UNITS WITH SUPPORTIVE SERVICES FOR TENANTS. 16. "EXEMPTED LOCALITIES" SHALL MEAN LOCALITIES CONTAINING LANDS DESIGNATED AS FOREVER WILD BY ARTICLE XIV OF THE NEW YORK STATE CONSTI- TUTION AND MUNICIPALITIES ENGAGED IN A WATERSHED AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK. § 1002. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL LOCALITIES, EXCLUDING EXEMPTED LOCALITIES, AS DEFINED IN SUBDIVISION TEN OF SECTION ONE THOUSAND ONE OF THIS ARTICLE. § 1003. GROWTH TARGETS. THE FOLLOWING GROWTH TARGETS WILL BE UTILIZED AS A METRIC TO ALLOW A LOCALITY TO ACCESS FUNDING, SUBJECT TO APPROPRI- ATION, TO INCENTIVIZE INCREASING HOUSING SUPPLY. 1. A LOCALITY LOCATED OUTSIDE OF THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT HAS A GROWTH TARGET OF AN AMOUNT EQUAL TO ONE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS. 2. A LOCALITY LOCATED INSIDE OF THE METROPOLITAN TRANSPORTATION COMMU- TER DISTRICT HAS A GROWTH TARGET OF AN AMOUNT EQUAL TO THREE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS. 3. SUBJECT TO SUBDIVISION FOUR OF THIS SECTION, THE NUMBER OF ELIGIBLE RESIDENTIAL DWELLING UNITS SHALL BE CALCULATED USING THE FOLLOWING FORMULA: A. A PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS ONE ELIGIBLE RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW RESI- S. 4006--B 49 DENTIAL DWELLING UNIT THAT IS INCOME RESTRICTED TO HOUSEHOLDS EARNING NO MORE THAN AN AMOUNT THAT IS DETERMINED PURSUANT TO A REGULATORY AGREE- MENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY SHALL BE COUNT- ED AS TWO ELIGIBLE RESIDENTIAL DWELLING UNITS; AND B. EVERY PERMITTED RESIDENTIAL DWELLING UNIT THAT BECAME SUITABLE FOR OCCUPANCY AND THAT PREVIOUSLY HAD BEEN DEEMED ABANDONED PURSUANT TO ARTICLE NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL BE COUNTED AS ONE AND ONE-HALF ELIGIBLE RESIDENTIAL DWELLING UNITS. FOR THE PURPOSES OF THIS SUBDIVISION, A PROJECT SHALL BE CONSIDERED TO BE PERMITTED IF IT HAS RECEIVED ALL NECESSARY LOCAL AUTHORIZATIONS REQUIRED PRIOR TO REQUESTING A BUILDING PERMIT. 4. THE FOLLOWING PERMITTED RESIDENTIAL DWELLING UNITS SHALL NOT BE COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS: A. ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWELVE MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE COMMENCEMENT OF CONSTRUCTION; AND B. ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWENTY-FOUR MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCU- PANCY. 5. IN THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS NOT COUNTED AS AN ELIGIBLE RESIDENTIAL UNIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED AS AN ELIGIBLE RESIDENTIAL DWELLING UNIT WHEN THE CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY IS ISSUED FOR SUCH RESIDENTIAL DWELLING UNIT. PROVIDED, FURTHER, THAT IN NO EVENT SHALL AN ELIGIBLE RESIDENTIAL DWELL- ING UNIT BE COUNTED TOWARDS A LOCALITY'S GROWTH TARGETS. 6. A. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS SUBDI- VISION. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS SUBDIVISION THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS SUBDIVISION TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) FOR THE PURPOSES OF THIS SUBDIVISION: A. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE. B. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS. C. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING. (II) A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE CREATION OF ACCESSORY DWELLING UNITS. SUCH LOCAL LAW SHALL: A. DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT WHERE ACCESSORY DWELLING UNITS SHALL BE PERMITTED. DESIGNATED AREAS SHALL INCLUDE ALL AREAS THAT PERMIT SINGLE-FAMILY OR MULTI-FAMILY RESI- DENTIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE; B. AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER LOT; C. PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW S. 4006--B 50 AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS; AND D. REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING: (1) SUCH ACCESSORY DWELLING UNIT MAY BE RENTED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT, BUT SHALL NOT BE SOLD OR OTHERWISE CONVEYED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT; (2) SUCH ACCESSORY DWELLING UNIT SHALL BE LOCATED ON A LOT THAT INCLUDES A PROPOSED DWELLING OR EXISTING RESIDENTIAL DWELLING UNIT; (3) SUCH ACCESSORY DWELLING UNIT SHALL NOT BE RENTED FOR A TERM OF LESS THAN THIRTY DAYS; AND (4) IF THERE IS AN EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, THE TOTAL FLOOR AREA OF AN ACCESSORY DWELLING UNIT SHALL NOT EXCEED FIFTY PERCENT OF THE EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, UNLESS SUCH LIMIT WOULD PREVENT THE CREATION OF AN ACCESSORY DWELLING UNIT THAT IS NO GREATER THAN SIX HUNDRED SQUARE FEET. (III) A LOCAL GOVERNMENT SHALL NOT ESTABLISH BY LOCAL LAW ANY OF THE FOLLOWING: A. IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT GREAT- ER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A POPU- LATION OF LESS THAN ONE MILLION, A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED FIFTY SQUARE FEET; B. A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET; C. ANY OTHER MINIMUM OR MAXIMUM SIZE FOR OR OTHER LIMITS ON AN ACCES- SORY DWELLING UNIT THAT DOES NOT PERMIT AT LEAST AN EIGHT HUNDRED SQUARE FOOT ACCESSORY DWELLING UNIT WITH FOUR-FOOT SIDE AND REAR YARD SETBACKS TO BE CONSTRUCTED IN COMPLIANCE WITH OTHER LOCAL STANDARDS, INCLUDING ANY SUCH MINIMUM OR MAXIMUM SIZE BASED UPON A PERCENTAGE OF THE PROPOSED DWELLING OR EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, OR ANY SUCH OTHER LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE, AND MINIMUM LOT SIZE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A LOCAL GOVERNMENT MAY PROVIDE, WHERE A LOT CONTAINS AN EXISTING RESIDENTIAL DWELLING UNIT, THAT AN ACCESSORY DWELLING UNIT LOCATED WITHIN AND/OR ATTACHED TO THE PRIMARY RESIDENTIAL DWELLING UNIT SHALL NOT EXCEED THE BUILDABLE ENVELOPE FOR THE EXISTING RESIDENTIAL DWELLING UNIT, AND THAT AN ACCESSORY DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENTIAL DWELLING UNIT SHALL BE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE, IF SUCH STRUCTURE EXISTS; D. A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY; E. ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC- TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY; F. ANY SETBACK FOR AN EXISTING RESIDENTIAL DWELLING UNIT OR ACCESSORY STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCES- SORY DWELLING UNIT OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY SETBACK OF MORE THAN FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE OR A NEW STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE; S. 4006--B 51 G. ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT ARE NOT NECESSARY TO PROTECT HEALTH AND SAFETY. NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO PREVENT A LOCAL GOVERNMENT FROM REQUIR- ING THAT ACCESSORY DWELLING UNITS ARE, WHERE APPLICABLE, SUPPORTED BY SEPTIC CAPACITY NECESSARY TO MEET STATE HEALTH, SAFETY AND SANITARY STANDARDS, THAT THE CREATION OF SUCH ACCESSORY DWELLING UNITS COMPORTS WITH FLOOD RESILIENCY POLICIES OR EFFORTS, AND THAT SUCH ACCESSORY DWELLING UNITS ARE CONSISTENT WITH THE PROTECTION OF WETLANDS AND WATERSHEDS; OR H. ANY REQUIREMENT FOR OWNER OCCUPANCY IN EITHER THE PRIMARY OR ACCES- SORY DWELLING UNIT. (IV) NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING UNIT; PROVIDED, HOWEVER, THAT WHERE NO ADJACENT PUBLIC STREET PERMITS YEAR-ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER THAN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION, A LOCAL GOVERN- MENT MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT. (V) A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPAC- ES BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS DEMOLISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT OR CONVERTED TO AN ACCESSORY DWELLING UNIT. (VI) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR REGU- LATIONS, A PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN CONFORMANCE WITH A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL BE CONSIDERED MINISTERIALLY, WITHOUT DISCRETIONARY REVIEW OR A HEARING. IF THERE IS AN EXISTING SINGLE-FAMILY OR MULTI-FAMILY RESIDENTIAL DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT SHALL ACT ON THE APPLI- CATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY DAYS FROM THE DATE THE LOCAL AGENCY RECEIVES A COMPLETED APPLICATION OR, IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, WITHIN SIXTY DAYS. IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IS SUBMITTED WITH A PERMIT APPLICATION TO CREATE A NEW PRIMARY RESIDENTIAL DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT MAY DELAY ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING UNIT UNTIL THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO CREATE THE NEW PRIMARY RESIDENTIAL DWELLING UNIT, BUT THE APPLICATION TO CREATE THE ACCESSORY DWELLING UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY REVIEW OR HEARING. IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD FOR REVIEW SHALL BE TOLLED FOR THE PERIOD OF THE DELAY. SUCH REVIEW SHALL INCLUDE ALL NECESSARY PERMITS AND APPROVALS INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL NOT REQUIRE AN ADDITIONAL OR AMENDED CERTIFICATE OF OCCUPANCY IN CONNECTION WITH AN ACCESSORY DWELLING UNIT. A LOCAL GOVERNMENT MAY CHARGE A FEE NOT TO EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE REIMBURSEMENT OF THE ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO THE LOCAL LAW ENACTED PURSUANT TO THIS PARAGRAPH. (VII) LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROC- ESS TO A LOCAL AGENCY FOR APPLICATIONS TO CREATE ACCESSORY DWELLING UNITS. THE JURISDICTION OF THE LOCAL AGENCY TO DECIDE SUCH APPEALS SHALL BE LIMITED TO REVIEWING ANY ORDER, REQUIREMENT, DECISION, INTERPRETA- TION, OR DETERMINATION ISSUED UNDER THE LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH AND DECIDING THE MATTER FROM WHICH ANY SUCH APPEAL WAS TAKEN. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH IS DENIED, THE LOCAL AGENCY THAT DENIED THE PERMIT SHALL ISSUE A NOTICE OF DENIAL WHICH SHALL CONTAIN THE REASON OR REASONS SUCH PERMIT APPLICATION WAS DENIED AND INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH DENIAL. SUCH NOTICE S. 4006--B 52 SHALL BE MADE PART OF THE RECORD OF APPEALS. ALL APPEALS SHALL BE SUBMITTED TO THE LOCAL AGENCY AUTHORIZED BY THE GOVERNING BODY OF THE LOCAL GOVERNMENT TO DECIDE SUCH APPEALS, IN WRITING WITHIN THIRTY DAYS OF ANY ORDER, REQUIREMENT, DECISION, INTERPRETATION, OR DETERMINATION RELATED TO THE CREATION OF ACCESSORY DWELLING UNITS. (VIII) NO OTHER LOCAL LAW, ORDINANCE, POLICY, OR REGULATION SHALL BE THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS PARAGRAPH EXCEPT TO THE EXTENT NECESSARY TO PROTECT HEALTH AND SAFETY AND PROVIDED SUCH LAW, POLICY, OR REGULATION IS CONSISTENT WITH THE REQUIREMENTS OF THIS PARAGRAPH. (IX) A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINIS- TERIAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY DWELLING UNIT, THE CORRECTION OF NONCONFORMING ZONING CONDITIONS, NONCOMPLYING ZONING CONDITIONS, OR OTHER MINOR VIOLATIONS OF ANY LOCAL LAW. (X) WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI- TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL- ITY, THE CONNECTION MAY BE SUBJECT TO A CONNECTION FEE OR CAPACITY CHARGE THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED ACCES- SORY DWELLING UNIT, BASED UPON EITHER ITS SIZE OR THE NUMBER OF ITS PLUMBING FIXTURES UPON THE WATER OR SEWER SYSTEM. SUCH FEE OR CHARGE SHALL NOT EXCEED THE REASONABLE COST OF PROVIDING SUCH UTILITY CONNECTION. A LOCAL GOVERNMENT SHALL NOT IMPOSE ANY OTHER FEE IN CONNECTION WITH AN ACCESSORY DWELLING UNIT. (XI) A PROPERTY OWNER WHO IS DENIED A PERMIT BY A LOCAL GOVERNMENT IN VIOLATION OF THIS PARAGRAPH SHALL HAVE A PRIVATE CAUSE OF ACTION IN A COURT OF COMPETENT JURISDICTION. (XII) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR D. HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (XIII) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. B. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARA- S. 4006--B 53 GRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, RULE OR REGULATION, A LEAD AGENCY EQUIVALENT SHALL MINISTERIALLY APPROVE, AS SET FORTH BY THE LOCAL LAW ADOPTED TO ESTABLISH A PREFERRED ACTION IN ACCORDANCE WITH THIS PARAGRAPH, A LOT TO BE SPLIT IF THE LEAD AGENCY EQUIVALENT DETERMINES THAT THE LOT MEETS ALL OF THE FOLLOWING REQUIRE- MENTS: A. THE LOT TO BE SPLIT CREATES NO MORE THAN TWO NEW LOTS OF APPROXI- MATELY EQUAL LOT AREA, PROVIDED THAT ONE LOT SHALL NOT BE SMALLER THAN FORTY PERCENT OF THE LOT AREA OF THE ORIGINAL LOT PROPOSED FOR THE SUBDIVISION; B. THE LOT TO BE SPLIT IS LOCATED IN AN AREA WHERE SINGLE-FAMILY RESI- DENTIAL USE IS PERMITTED; C. THE LOT WAS NOT CREATED FROM A PREVIOUS LOT SPLIT PERMITTED PURSU- ANT TO THE LOCAL LAW THAT WAS ENACTED PURSUANT TO THIS PARAGRAPH; AND D. THE PROPOSED LOT SPLIT WOULD NOT REQUIRE DEMOLITION OR ALTERATION OF ANY OF THE FOLLOWING TYPES OF HOUSING: (1) HOUSING THAT IS SUBJECT TO A RECORDED COVENANT, ORDINANCE, LAW OR REGULATORY AGREEMENT THAT RESTRICTS RENTS TO LEVELS AFFORDABLE TO PERSONS AND FAMILIES OF A SET INCOME; (2) HOUSING THAT IS SUBJECT TO THE EMERGENCY RENT STABILIZATION LAW OR THE EMERGENCY TENANT PROTECTION ACT; OR (3) HOUSING THAT IS LISTED ON THE STATE REGISTRY OF HISTORIC PLACES OR HAD AN APPLICATION PENDING TO BE LISTED ON SUCH REGISTRY AS OF THE EFFECTIVE DATE OF THIS ARTICLE. (II) AN APPLICATION FOR A LOT SPLIT SHALL BE APPROVED IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: A. A LEAD AGENCY EQUIVALENT SHALL APPROVE OR DENY AN APPLICATION FOR A LOT SPLIT MINISTERIALLY WITHOUT DISCRETIONARY REVIEW. B. A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE DEDICATIONS OF RIGHTS- OF-WAY OR THE CONSTRUCTION OF OFFSITE IMPROVEMENTS FOR THE LOTS BEING CREATED AS A CONDITION OF APPROVING A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH. C. A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE LAND USE STANDARDS, ZONING STANDARDS, SUBDIVISION STANDARDS, DESIGN REVIEW STANDARDS, OR OTHER DEVELOPMENT STANDARDS THAT WOULD HAVE THE EFFECT OF PHYSICALLY PRECLUDING THE CONSTRUCTION OF TWO UNITS, ONE ON EACH OF THE RESULTING LOTS, OR THAT WOULD RESULT IN A UNIT SIZE OF LESS THAN EIGHT HUNDRED SQUARE FEET, PROVIDED FURTHER THAT NO SETBACK SHALL BE REQUIRED FOR AN EXISTING STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE. D. NOTWITHSTANDING CLAUSE C OF THIS SUBPARAGRAPH, A LEAD AGENCY EQUIV- ALENT MAY REQUIRE A SETBACK OF UP TO FOUR FEET FROM THE SIDE AND REAR LOT LINES. (III) A LEAD AGENCY EQUIVALENT MAY DENY A LOT SPLIT IF THE LEAD AGENCY EQUIVALENT MAKES A WRITTEN FINDING, BASED UPON A PREPONDERANCE OF THE EVIDENCE, THAT A PROPOSED RESIDENTIAL DWELLING UNIT ON ONE OF THE NEW LOTS WOULD HAVE A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH OR SAFETY S. 4006--B 54 FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE THE SPECIFIC ADVERSE IMPACT. (IV) A LEAD AGENCY EQUIVALENT MAY REQUIRE ANY OF THE FOLLOWING CONDI- TIONS WHEN CONSIDERING AN APPLICATION TO UNDERTAKE A LOT SPLIT: A. EASEMENTS REQUIRED FOR THE PROVISION OF PUBLIC SERVICES AND FACILI- TIES; B. A REQUIREMENT THAT THE LOTS HAVE ACCESS TO, PROVIDE ACCESS TO, OR ADJOIN THE PUBLIC RIGHT-OF-WAY; AND C. OFF-STREET PARKING OF UP TO ONE SPACE PER RESIDENTIAL DWELLING UNIT, EXCEPT THAT A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE PARKING REQUIREMENTS IN EITHER OF THE FOLLOWING INSTANCES: (1) WHERE YEAR-ROUND PARKING IS PERMITTED ON AN ADJACENT STREET; OR (2) WHERE THE SPLIT LOT IS WITHIN ONE-HALF MILE OF ACCESS TO PUBLIC TRANSPORTATION. (V) A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE OWNER OCCUPANCY REQUIRE- MENTS ON A LOT SPLIT AUTHORIZED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH. (VI) A LEAD AGENCY EQUIVALENT SHALL REQUIRE THAT A RENTAL OF ANY UNIT CREATED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH BE FOR A TERM LONGER THAN THIRTY DAYS. (VII) A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE, AS A CONDITION FOR MINISTERIAL APPROVAL OF A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH, CORRECTION OF NONCONFORMING OR NONCOMPLYING ZONING CONDITIONS. (VIII) A REQUEST FOR A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL NOT BE DENIED SOLELY BECAUSE IT PROPOSED ADJACENT OR CONNECTED STRUCTURES, PROVIDED THAT THE STRUCTURES MEET BUILDING CODE SAFETY STANDARDS AND ARE SUFFICIENT TO ALLOW SEPARATE CONVEYANCE. (IX) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR D. HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (X) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. S. 4006--B 55 C. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARA- GRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) NO LOCALITY SHALL, AS PART OF ITS LAND USE LAWS, ORDINANCES, RULES OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ZONING LAWS, ORDINANCES, RULES OR REGULATIONS, SITE PLAN REVIEW LAWS, ORDINANCES, RULES OR REGU- LATIONS, SUBDIVISION LAWS, RULES OR REGULATIONS, OR COMPREHENSIVE PLAN- NING LAWS, RULES OR REGULATIONS, IMPOSE: A. MINIMUM LOT SIZE REQUIREMENTS FOR MIXED-USE OR RESIDENTIAL USES; B. HEIGHT LIMITS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILD- INGS; C. LOT COVERAGE RESTRICTIONS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILDINGS; OR D. PARKING MINIMUMS ON ANY SITE THAT EXCEED ONE PARKING SPACE PER RESIDENTIAL DWELLING UNIT, PROVIDED, FURTHER, THAT NO PARKING MINIMUMS MAY BE IMPOSED FOR ANY SITE THAT INCLUDES RESIDENTIAL DWELLING UNITS WHEN SUCH SITE IS LOCATED WITHIN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION. (II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR D. HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (III) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. S. 4006--B 56 D. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARA- GRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALI- TY. (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS, AS APPLICABLE, TO PERMIT THE CONSTRUCTION OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE OVER AN AREA OR AREAS CONSISTING SOLELY OF PREVIOUSLY DISTURBED LAND THAT, IN THE AGGRE- GATE, ARE EQUAL TO ONE-THIRD OF THE PREVIOUSLY DISTURBED LAND MASS OF THE LOCALITY. (II) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM RESIDEN- TIAL DWELLING UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. (III) SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASON- ABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANTING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALK- ING DISTANCE OF THEIR RESIDENCES. (IV) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR S. 4006--B 57 D. HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (V) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. (VI) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVI- RONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR D. HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (VII) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. (VIII) PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT PROVIDES RESIDEN- TIAL HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL: A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND B. BE LIMITED TO A REVIEW OF THE FOLLOWING: (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS. S. 4006--B 58 E. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARA- GRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS TO PERMIT THE CONSTRUCTION AND OCCUPANCY OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE IN AN AREA THAT, PRIOR TO SUCH AMENDMENT, PERMITTED ONLY COMMERCIAL USE. A. SUCH LAND USE ACTION MUST ENCOMPASS AN AREA OF AT LEAST ONE HUNDRED ACRES. B. SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. C. SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASONABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANT- ING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALKING DISTANCE OF THEIR RESIDENCES. (II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR S. 4006--B 59 D. HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (III) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. (IV) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW. (V) ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH APPLICABLE LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE BUILDABLE AS OF RIGHT, AND ANY PROJECT SPECIFIC REVIEW RELATING TO SUCH PROJECT SHALL: A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND B. BE LIMITED TO A REVIEW OF THE FOLLOWING: (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET- IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC- TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU- LATIONS. F. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARA- GRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE THAT HAS AN AVERAGE AGGREGATE DENSITY LESS THAN FIFTY DWELLING UNITS PER ACRE ONE-HALF MILE FROM ITS TRANSIT STATIONS AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY. (I) FOR THE PURPOSES OF THIS PARAGRAPH: (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN- SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE- MENT. PROVIDED FURTHER THAT: S. 4006--B 60 (1) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE; (2) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FORTY RESIDENTIAL DWELLINGS PER ACRE; (3) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE; (4) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE; (5) WITHIN A TIER 5 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE; AND (6) WITHIN A TIER 6 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE. (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE, OR ADMINISTRATIVE CHANGE MADE TO A CITY'S LOCAL LAND USE TOOLS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER. (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES, MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS. (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN- TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY SYSTEM. (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY CITY OR COMMON COUNCIL OR OTHER LEGISLATIVE BODY OF THE CITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN- DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A CITY WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN. (G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A CITY'S: (1) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS; (2) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (3) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS; (4) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS; (5) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU- LATIONS; AND/OR (6) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVEL- OPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT. (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS: (1) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR (2) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE- ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. S. 4006--B 61 (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS- TAL EROSION HAZARD AREAS, ONE HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE- MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL BE CONSIDERED NON-BUILDABLE LAND. (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL- OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS. (K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP- MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING, BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW OR SUBDIVISION REVIEW. (L) "ELIGIBLE PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS. (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS, STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION. (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC- TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO BE USED ON A SEASONAL BASIS. (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT- ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION. (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" SHALL BE THE PROCESS BY WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE REVIEWED, WHICH SHALL: (1) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED; AND (2) BE LIMITED TO A REVIEW OF THE FOLLOWING: (I) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT; (II) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY SERVICES TO THE PROPOSED PROJECT; AND (III) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHETIC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJECTIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF AN ELIGIBLE PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE. (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- S. 4006--B 62 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED WITHIN A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE. (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (U) "TIER 5 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER- ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL- ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO- POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. (V) "TIER 6 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL OR BUS STATION WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPERATED OR OTHERWISE SERVED BY AMTRAK, PROVIDES FREQUENT SERVICE, OR HAS SUBSTANTIAL PARKING, WHERE THE ENTIRETY OF SUCH STATION IS LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION. S. 4006--B 63 (W) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (X) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Y) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (Z) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (AA) "TIER 5 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 5 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 5 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 5 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF S. 4006--B 64 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 5 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 5 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (BB) "TIER 6 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 6 QUALIFYING TRANSIT STATION, PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT- ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS, AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM- ERS OF SUCH TIER 6 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO SUCH TIER 6 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS SECTION. PROVIDED FURTHER THAT ANY TIER 6 QUALIFYING TRANSIT STATION SHALL BE CONSIDERED TO BE PART OF SUCH TIER 6 TRANSIT-ORIENTED DEVELOP- MENT ZONE. (CC) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN- SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, A TIER 4 TRANSIT-OR- IENTED DEVELOPMENT ZONE, A TIER 5 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 6 TRANSIT-ORIENTED DEVELOPMENT ZONE AS APPLICABLE. (II) A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE FACILI- TATION OF TRANSIT-ORIENTED DEVELOPMENT BY: (A) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO AMEND ITS LAND USE REQUIREMENTS, AS APPLICABLE, TO PERMIT THE CONSTRUCTION OF RESIDENTIAL HOUSING WITH AN APPLICABLE AGGREGATE DENSITY OVER THE TRANSIT-ORIENTED DEVELOPMENT ZONE. (B) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING, BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM RESIDEN- TIAL DWELLING UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY. (C) ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-OR- IENTED DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION OR RULE, INCLUDING, BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY ENVIRONMENTAL QUALITY REVIEW. PROVIDED FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN. PROJECTS NOT SUBJECT TO ENVIRONMENTAL REVIEW MUST MEET THE FOLLOWING CRITERIA: (1) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND (2) COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; (3) RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT S. 4006--B 65 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR (4) HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. (D) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE DECISION MAKERS' REVIEW. § 1004. HOUSING PRODUCTION INCENTIVES. 1. LOCALITIES MAY ACCESS FUNDS, SUBJECT TO APPROPRIATION, AT THE DISCRETION OF THE LAND USE ADVISORY COUNCIL FOR THE PURPOSE OF ENGAGING IN HOUSING DATA COLLECTION AND A GENERAL PLANNING PROCESS. 2. LOCALITIES DETERMINED BY THE LAND USE ADVISORY COUNCIL TO HAVE REACHED OR SURPASSED THEIR GROWTH TARGETS OR ADOPTED A PREFERRED ACTION, AS SET PURSUANT TO SECTION ONE THOUSAND THREE OF THIS ARTICLE, SHALL BE ELIGIBLE FOR AN INCENTIVE BONUS DISBURSED BY THE LAND USE ADVISORY COUN- CIL FROM THE NEWLY CREATED HOUSING INFRASTRUCTURE FUND, SUBJECT TO APPROPRIATION. 3. LOCALITIES DETERMINED BY THE LAND USE ADVISORY COUNCIL TO HAVE REACHED OR SURPASSED THEIR GROWTH TARGETS OR ADOPTED A PREFERRED ACTION, SET PURSUANT TO SECTION ONE THOUSAND THREE OF THIS ARTICLE, SHALL BE ELIGIBLE FOR A TEN PERCENT INCREASE OF POINTS ON SUCH LOCALITY'S OR LOCALITIES' CONSOLIDATED FUNDING APPLICATION, A TEN PERCENT INCREASE IN AID AND INCENTIVES FOR MUNICIPALITIES AND AID AND INCENTIVES FOR MUNICI- PALITIES RELATED PAYMENTS, INCREASED ELIGIBILITY FOR INDIVIDUAL INFRAS- TRUCTURE, TRANSPORTATION, PARKS, AND ECONOMIC DEVELOPMENT GRANTS. 4. LOCALITIES SEEKING HOUSING PRODUCTION INCENTIVES PURSUANT TO THIS SECTION, MUST MEET PROPOSED GROWTH TARGETS BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. UPON REQUEST TO THE LAND USE ADVISORY COUNCIL, A LOCALITY MAY BE GRANTED ADDITIONAL TIME TO MEET PROPOSED GROWTH TARGETS AND REMAIN ELIGIBLE FOR INCENTIVES PURSUANT TO THIS SECTION. THE LAND USE ADVISORY COUNCIL MAY GRANT ADDITIONAL TIME TO A LOCALITY ENDING NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT. § 1005. LAND USE ADVISORY COUNCIL. 1. STRUCTURE AND POWERS OF THE LAND USE ADVISORY COUNCIL. A. THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A LAND USE ADVI- SORY COUNCIL, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. B. THE LAND USE ADVISORY COUNCIL SHALL CONSIST OF FIVE MEMBERS. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE COUNCIL MEMBERS SHALL SERVE A FIVE YEAR TERM, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD BY THE OFFICIAL WHO APPOINTED THE COUNCIL MEMBER WHOSE ABSENCE HAS CAUSED THE VACANCY. C. THE LAND USE ADVISORY COUNCIL SHALL HAVE THE POWER AND DUTIES TO REVIEW FUNDING REQUESTS MADE BY LOCALITIES PURSUANT TO THIS ARTICLE, MAKE DETERMINATIONS REGARDING ACHIEVEMENT OF GROWTH TARGETS AND ADOPTION OF PREFERRED ACTIONS PURSUANT TO THIS ARTICLE, DISBURSEMENT OF FUNDS, SUBJECT TO APPROPRIATION, PURSUANT TO THIS ARTICLE, AND ANY OTHER DUTIES NECESSARY TO EFFECTUATE THE RESPONSIBILITIES OF THE LAND USE ADVISORY COUNCIL PURSUANT TO THIS ARTICLE. THE POWERS OF THE LAND USE ADVISORY COUNCIL SHALL INCLUDE, BUT NOT BE LIMITED TO, THE POWERS GRANTED TO THE COMMISSIONER OF HOUSING BY SUBDIVISION ONE OF SECTION FOURTEEN OF THE PUBLIC HOUSING LAW, AND THE STATUTES, RULES, REGULATIONS AND OTHER DOCU- S. 4006--B 66 MENTS GOVERNING THE ADMINISTRATION OF HOUSING BY THE DIVISION OF HOMES AND COMMUNITY RENEWAL. D. THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE AND STAFF SUPPORT TO THE LAND USE ADVISORY COUNCIL NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE. § 3. Section 14 of the public housing law is amended by adding a new subdivision 8 to read as follows: 8. THE DIVISION SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS, RULES AND POLICIES RELATED TO LAND USE BY CITIES, TOWNS, AND VILLAGES AS IT RELATES TO THE DEVELOPMENT OF HOUSING, INCLUDING, BUT NOT LIMITED TO, THE ADMINISTRATION AND ENFORCEMENT OF ARTICLE TWENTY OF THE GENERAL MUNICIPAL LAW AND SECTION TWENTY-A OF THE PUBLIC HOUSING LAW. SUCH ENFORCEMENT AUTHORITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE POWERS GRANTED BY SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO THE STATUTES, RULES, REGULATION AND OTHER DOCUMENTS REGARDING THE AUTHORITY OF THE DIVISION, AND, WHERE APPLICABLE, THE POWER TO ISSUE ORDERS AND ADMINISTER FUNDING AND GRANTS TO LOCALITIES TO ASSIST WITH LAND USE PLANNING. § 4. Severability. In the event it is determined by a court of compe- tent jurisdiction that any phrase, clause, part, subdivision, paragraph or subsection, or any of the provisions of this article is unconstitu- tional or otherwise invalid or inoperative, such determination shall not affect the validity or effect of the remaining provisions of this arti- cle. § 5. This act shall take effect immediately. PART G Intentionally Omitted PART H Section 1. The public housing law is amended by adding a new section 20-a to read as follows: § 20-A. HOUSING PRODUCTION REPORTING. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION, OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS. (B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF ONE OR MORE RESIDENTIAL BUILDINGS. (C) "DWELLING UNIT" MEANS A DWELLING WITHIN A RESIDENTIAL BUILDING WHICH IS EITHER SOLD, RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS THAT IS INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING. 2. EACH LOCAL BOARD MAY SUBMIT TO THE DIVISION OF HOUSING AND COMMUNI- TY RENEWAL ANNUALLY, IN THE MANNER AND FORMAT TO BE DIRECTED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE WITHIN THE JURISDICTION OF SUCH LOCAL BOARD THAT IS REQUIRED TO BE REPORTED TO SUCH LOCAL BOARD: (A) THE ADDRESS OF SUCH HOUSING SITE; (B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE; (C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE; S. 4006--B 67 (D) THE BUILDING TYPE, ANY RELEVANT DATES OF APPROVAL, PERMITS, AND COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE; (E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO- CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF; (F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE; (G) ANY PERMITS REQUESTED TO BUILD DWELLING UNITS, AND THE STATUS OF SUCH REQUESTS AS OF THE DATE OF THE REPORT; AND (H) THE TOTAL NUMBER OF DWELLING UNITS WITHIN THE JURISDICTION OF THE LOCAL BOARD AS OF THE DATE OF THE REPORT. 3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC- TIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, EACH LOCAL BOARD MAY SUBMIT TO THE COMMISSIONER, IN A MANNER AND FORMAT TO BE DETERMINED BY THE COMMISSIONER, A DIGITAL FILE CONTAINING A ZONING MAP OR MAPS OF SUCH LOCAL BOARD'S JURISDICTION THAT CONTAINS THE FOLLOWING INFORMATION FOR THE PRIOR YEAR: (A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER- CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE OR ARE NOT PERMITTED; (B) IN AREAS ZONED FOR RESIDENTIAL BUILDINGS, WHERE RESIDENTIAL BUILD- INGS CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE ALLOWED PER LOT; (C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL BUILDINGS; (D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS; (E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS; (F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS FOR RESIDENTIAL BUILD- INGS; (G) DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL BOARD WAS AS-OF-RIGHT OR DISCRETIONARY; (H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN AMENDED SINCE SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION; (I) ANY FLOOR AREA RATIO RESTRICTIONS FOR RESIDENTIAL BUILDINGS; (J) IN AREAS WHERE RESIDENTIAL DEVELOPMENT IS NOT PERMITTED, THE REASONS SUCH DEVELOPMENT IS NOT PERMITTED; AND (K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE COMMISSIONER. 4. THE COMMISSIONER MAY MAKE THE INFORMATION SUBMITTED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION PUBLICLY AVAILABLE ON THE DIVISION OF HOUSING AND COMMUNITY RENEWAL'S WEBSITE, UPDATED ANNUALLY TO REFLECT THE MOST RECENT SUBMISSIONS. 5. LOCALITIES SHALL RECEIVE FUNDS, AS APPROPRIATION PERMITS, TO BE USED FOR THE PURPOSE OF SUPPORTING TECHNICAL AND FISCAL NEEDS RELATED TO THE COLLECTION OF INFORMATION REQUIRED PURSUANT TO THIS SECTION, IN ORDER TO FACILITATE INFORMATION COLLECTION IN THE MANNER PROMULGATED BY THE COMMISSIONER. § 2. This act shall take effect on the first of January next succeed- ing the date upon which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART I Intentionally Omitted PART J S. 4006--B 68 Section 1. This Part enacts into law major components of legislation relating to multiple dwellings and certain exemptions therefor. Each component wholly contained within a Subpart identified as Subparts A, B and C. 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 three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Subdivision 11 of section 3 of the multiple dwelling law, as amended by chapter 806 of the laws of 1972, is amended to read as follows: 11. Notwithstanding any other provision of this section, the following enumerated articles, sections and subdivisions of sections of this chap- ter shall not apply to the construction or alteration of multiple dwell- ings for which an application for a permit is made to the department after December sixth, nineteen hundred sixty-nine in a city having a population of one million or more [which adopts or has adopted local laws, ordinances, resolutions or regulations providing protection from fire hazards and making provision for escape from fire in the construction and alteration of multiple dwellings and in other respects as protective as local law seventy-six of the laws of the city of New York for nineteen hundred sixty-eight and covering the same subject matter as the following]: subdivisions twenty-five, twenty-seven, twen- ty-eight, thirty-five-c, thirty-six and thirty-nine of section four, subdivision three of section twenty-eight, sections thirty-six, thirty- seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five, sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of section seventy-five, article four, article five, article five-A[,] AND article six [and article seven-B]; except that after December sixth, nineteen hundred sixty-nine where a multiple dwelling erected prior to December sixth, nineteen hundred sixty-nine is altered, or a building erected prior to December sixth, nineteen hundred sixty-nine is converted to a multiple dwelling pursuant to a permit applied for to the department having jurisdiction, the foregoing articles, sections and subdivisions of sections shall remain applicable where a local law of such city authorizes such alteration or conversion to be made, at the option of the owner, either in accordance with the requirements of the building law and regulations in effect in such city prior to December sixth, nineteen hundred sixty-eight or the requirements of the building law and regulations in effect after such date, and the owner elects to comply with the requirements of the building law and regulations in effect prior to December sixth, nineteen hundred sixty-eight. § 2. Section 275 of the multiple dwelling law, as added by chapter 734 of the laws of 1985, is amended to read as follows: § 275. Legislative findings. It is hereby declared and found that in cities with a population in excess of one million, large numbers of loft, manufacturing, commercial, institutional, public and community facility buildings have lost, and continue to lose, their tenants to more modern premises; and that the untenanted portions of such buildings constitute a potential housing stock within such cities which is capa- S. 4006--B 69 ble, when appropriately altered, of accommodating general residential use, thereby contributing to an alleviation of the housing shortage most severely affecting moderate and middle income families, and of accommo- dating joint living-work quarters for artists by making readily avail- able space which is physically and economically suitable for use by persons regularly engaged in the arts. There is a public purpose to be served by making accommodations readi- ly available for joint living-work quarters for artists for the follow- ing reasons: persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of the materials therefor and of the products thereof than are regularly to be found in dwellings subject to this article; that the financial remunerations to be obtained from pursuit of a career in the arts are generally small; that as a result of such limited financial remuneration persons regularly engaged in the arts generally find it financially impossible to maintain quarters for the pursuit of their artistic endeavors separate and apart from their places of residence; that the cultural life of cities of more than one million persons within this state and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts; that the high cost of land within such cities makes it particularly difficult for persons regularly engaged in the arts to obtain the use of the amounts of space required for their work as aforesaid; and that the residential use of the space is secondary or accessory to the primary use as a place of work. It is further declared that the legislation governing the alteration of such buildings to accommodate general residential use must of neces- sity be more restrictive than statutes heretofore in effect, which affected only joint living-work quarters for artists. It is the intention of this legislation to promulgate statewide mini- mum standards for all alterations of non-residential buildings to resi- dential use, but the legislature is cognizant that the use of such buildings for residential purposes must be consistent with local zoning ordinances. The legislature further recognizes that it is the role of localities to adopt regulations which will define in further detail the manner in which alterations should be carried out where building types and conditions are peculiar to their local environment. IT IS HEREBY ADDITIONALLY DECLARED AND FOUND THAT IN CITIES WITH A POPULATION IN EXCESS OF ONE MILLION, LARGE NUMBERS OF COMMERCIAL BUILDINGS HAVE LOST, AND CONTINUE TO LOSE, THEIR TENANTS TO MORE MODERN PREMISES AND TO THE CHANGING NATURE OF REMOTE OFFICE WORK IN THE WAKE OF THE COVID-19 PANDEMIC; AND THAT THE UNTENANTED PORTIONS OF SUCH BUILDINGS CONSTITUTE A POTENTIAL HOUSING STOCK WITHIN SUCH CITIES WHICH IS CAPABLE, WHEN APPROPRIATELY ALTERED, OF ACCOMMODATING GENERAL RESIDENTIAL USE, THEREBY CONTRIBUTING TO AN ALLEVIATION OF THE HOUSING SHORTAGE. § 3. Section 276 of the multiple dwelling law, as amended by chapter 420 of the laws of 2022, is amended to read as follows: § 276. [Definition of an artist] DEFINITIONS. As used in this article, the FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE word "artist" means a person who is regularly engaged in the fine arts, such as painting and sculpture or in the performing or crea- tive arts, including choreography and filmmaking, or in the composition of music on a professional basis, and is so certified by the city department of cultural affairs and/or state council on the arts. For joint living-work quarters for artists limited to artists' occupancy by local zoning resolution, any permanent occupant whose residence therein S. 4006--B 70 began on or before December fifteenth, two thousand twenty-one shall be deemed to meet such occupancy requirements under the same rights as an artist so certified in accordance with applicable law. 2. THE TERM "GENERAL RESIDENTIAL PURPOSES" MEANS USE OF A BUILDING AS A CLASS A MULTIPLE DWELLING, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE A ROOMING UNIT AS DEFINED IN SECTION 27-2004 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OTHER THAN A ROOMING UNIT IN A CLASS A OR CLASS B MULTIPLE DWELLING THAT IS AUTHORIZED PURSUANT TO SECTION 27-2077 OF SUCH ADMINISTRATIVE CODE. § 4. The multiple dwelling law is amended by adding a new section 279 to read as follows: § 279. OCCUPANCY OF COMMERCIAL BUILDINGS. 1. ANY BUILDING IN A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS WHICH WAS OCCUPIED FOR LOFT, COMMERCIAL, INSTITUTIONAL, PUBLIC, COMMUNITY FACILITY OR MANUFAC- TURING PURPOSES AT ANY TIME PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN HUNDRED NINETY, MAY BE OCCUPIED, IN WHOLE OR IN PART, FOR GENERAL RESI- DENTIAL PURPOSES IF SUCH OCCUPANCY IS IN COMPLIANCE WITH THIS ARTICLE, NOTWITHSTANDING ANY OTHER ARTICLE OF THIS CHAPTER, OR ANY PROVISION OF LAW COVERING THE SAME SUBJECT MATTER, EXCEPT AS OTHERWISE REQUIRED BY THE ZONING RESOLUTION OF SUCH CITY. 2. OCCUPANCY PURSUANT TO THIS SECTION SHALL BE PERMITTED ONLY IF THE CONDITIONS IN SUBDIVISIONS ONE THROUGH SIXTEEN OF SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE ARE COMPLIED WITH, EXCEPT THAT THE CONVER- SION SHALL NOT BE REQUIRED TO INCLUDE JOINT LIVING-WORK QUARTERS FOR ARTISTS, AND PROVIDED FURTHER THAT CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO SUBDIVISION THREE OF SECTION TWEN- TY-SIX OF THIS CHAPTER. 3. NOTWITHSTANDING ANY STATE OR LOCAL LAW, RULE, OR REGULATION, INCLUDING ANY OTHER PROVISION OF THIS SECTION OR ARTICLE TO THE CONTRA- RY, THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY BUILDING LOCATED IN A DISTRICT THAT OTHERWISE WOULD HAVE BEEN SUBJECT TO THE PROVISIONS OF SECTION 15-01 OF THE ZONING RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS. § 5. An application for conversion of a building pursuant to the provisions of this act, which application for a permit containing complete plans and specifications is filed prior to December 31, 2030, shall be permitted to proceed as if subdivision 3 of section 279 of the multiple dwelling law, as added by section four of this act, remained in effect, so long as construction of such project begins within the earli- er to occur of three years from December 31, 2030 or such time which the permit otherwise expires. § 6. This act shall take effect immediately; provided, however, that subdivision 3 of section 279 of the multiple dwelling law as added by section four of this act shall expire and be deemed repealed on December 31, 2030; provided further, however, that the repeal of subdivision 3 of section 279 of the multiple dwelling law as added by section four of this act shall not affect the use of any building for general residen- tial purposes, as such term is defined in article 7-B of the multiple dwelling law, permitted prior to such repeal. SUBPART B Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph e is added to read as follows: S. 4006--B 71 c. Money loaned by the public entity that is to be repaid on a contin- gent basis; [or] d. Credits that are applied by the public entity against repayment of obligations to the public entity[.]; OR E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP- ERTY TAX LAW. § 2. The real property tax law is amended by adding a new section 467-m to read as follows: § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL OCCUPANCY AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE- NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. G-1. "BUILDING SERVICE WORK" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTICLE NINE OF THE LABOR LAW. H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH. S. 4006--B 72 I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-TWO; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-EIGHT. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI- OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST FIFTEEN YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHAT- TAN PRIME DEVELOPMENT AREA, A THIRTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT- TAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-EIGHT PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE SEVENTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-ONE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR OF THE S. 4006--B 73 RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FOURTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VI) FOR THE NINETEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. V. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFACTURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGENCY. W. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. X. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. Y. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. Z. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR S. 4006--B 74 ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE FOLLOWING AFFORDABILITY REQUIREMENTS DURING THE RESTRICTION PERIOD: A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER S. 4006--B 75 ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; AND (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI- TOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 7. PUBLIC FUNDS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE INCEN- TIVES PROVIDED FOR IN PARAGRAPH A OF SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW SHALL BE DEEMED "PUBLIC FUNDS" PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW. AS SUCH, ANY PROJECT THAT MEETS THE DEFINITION OF A "COVERED PROJECT" PURSUANT TO SUBDIVISIONS ONE AND FOUR OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW SHALL COMPLY WITH ALL REQUIREMENTS OF SUCH LAW. 7-A. BUILDING SERVICE WORK. BUILDING SERVICE WORK SHALL BE SUBJECT TO PREVAILING WAGE UNDER ARTICLE EIGHT OF THE LABOR LAW WHERE THE PROJECT MEETS THE DEFINITION OF A "COVERED PROJECT" AS DEFINED IN SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW. ANY PROJECT THAT MEETS THE DEFI- NITION OF A "COVERED PROJECT" PURSUANT TO SUBDIVISIONS ONE AND FOUR OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW SHALL COMPLY WITH ALL REQUIREMENTS OF SUCH LAW. 8. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE- MENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE NINETEEN-YEAR BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, S. 4006--B 76 AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE- GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI- SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. 9. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 10. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 11. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. IF AN APPLICANT HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF SUBDIVISION EIGHT OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGENCY MAY REVOKE ANY BENEFITS UNDER THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION, A "VIOLATION" OF SUBDIVISION EIGHT OF THIS SECTION SHALL BE DEEMED A FIND- ING BY THE FISCAL OFFICER THAT THE APPLICANT HAS FAILED TO COMPLY WITH SUBDIVISION EIGHT OF THIS SECTION AND HAS FAILED TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A S. 4006--B 77 SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS SUBDIVISION. ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMI- NATED OR REVOKED. 12. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 13. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. 14. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUIL- TY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY- FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 15. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 16. RULES. EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. S. 4006--B 78 17. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE NINETEEN-YEAR BENEFIT, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIRE- MENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION SIXTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. § 3. This act shall take effect immediately. SUBPART C Section 1. Paragraphs d and e of subdivision 2 of section 224-a of the labor law, paragraph d as amended and paragraph e as added by section 1 of subpart B of this act, are amended and a new paragraph f is added to read as follows: d. Credits that are applied by the public entity against repayment of obligations to the public entity; [or] e. Benefits under section four hundred sixty-seven-m of the real prop- erty tax law[.]; OR F. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-P OF THE REAL PROP- ERTY TAX LAW. § 2. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF ELIGIBLE CONVERSIONS TO RENTAL MULTIPLE DWELL- INGS. 1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONVERTED FROM EXISTING NON-RESI- DENTIAL BUILDINGS IN A BENEFIT AREA DESIGNATED IN SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY RESOLUTION. (B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES. (C) THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL OF THE UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND AT LEAST TWENTY PERCENT OF SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE BENEFIT PERIOD IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, ON AVERAGE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT S. 4006--B 79 RENTAL FOLLOWING A VACANCY DURING THE BENEFIT PERIOD SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSE- HOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH BENEFIT PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE TIME SUCH BENEFIT PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT. (D) THE TERM "NON-RESIDENTIAL BUILDING" MEANS A STRUCTURE OR PORTION OF A STRUCTURE HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCU- PANCY FOR COMMERCIAL, MANUFACTURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE CITY, TOWN, OR VILLAGE. (E) THE TERM "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDENTIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING. 2. ELIGIBLE CONVERSIONS RENTAL MULTIPLE DWELLINGS IN A DESIGNATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE UNDER CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL THEN BE EXEMPT FOR THIRTY YEARS AT FIFTY PERCENT. PROVIDED, HOWEVER: (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS THEREON DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION. (B) NO OTHER EXEMPTION MAY BE GRANTED CONCURRENTLY TO THE SAME IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW. 3. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE CONVERSION TO A RENTAL MULTIPLE DWELLING SHALL COMPLY WITH THE FOLLOWING AFFORDABILITY REQUIRE- MENTS DURING THE BENEFIT PERIOD: (A) ALL INCOME-RESTRICTED DWELLING UNITS IN A RENTAL MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS NON-RESTRICTED UNITS IN SUCH ELIGIBLE CONVERSION AND SHALL NOT BE ISOLATED TO A SPECIF- IC FLOOR OR AREA OF AN ELIGIBLE RENTAL MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE RENTAL MULTIPLE DWELLING. (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE INCOME-RESTRICTED UNITS IN AN ELIGIBLE CONVERSION SHALL HAVE A UNIT MIX PROPORTIONAL TO THE NON-RESTRICTED UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE INCOME-RESTRICTED UNITS IN AN ELIGIBLE RENTAL MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. 4. A RENTAL MULTIPLE DWELLING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. 5. A RENTAL MULTIPLE DWELLING UNIT SHALL NOT BE CONVERTED TO COOPER- ATIVE OR CONDOMINIUM OWNERSHIP. 6. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER OF THE DIVISION OF HOMES AND COMMU- NITY RENEWAL AND FILED WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE. S. 4006--B 80 7. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. 8. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION. § 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART K Intentionally Omitted PART L Intentionally Omitted PART M Intentionally Omitted PART N Intentionally Omitted PART O Intentionally Omitted PART P Intentionally Omitted PART Q S. 4006--B 81 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 $17,780,000 for the fiscal year ending March 31, 2024. Within this total amount, $125,000 shall be used for the purpose of entering into a contract with the neighborhood preservation coalition to provide technical assistance and services to companies funded pursuant to article 16 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed $17,780,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 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, 2023. § 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 $7,750,000 for the fiscal year ending March 31, 2024. ;Within this total amount, $125,000 shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to companies funded pursuant to article 17 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $7,750,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 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, 2023. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance S. 4006--B 82 law, a sum not to exceed $21,710,000 for the fiscal year ending March 31, 2024. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $21,710,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating, as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than June 30, 2023. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $50,781,000 for the fiscal year ending March 31, 2024. 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 housing and assistance corporation, a total sum not to exceed $50,781,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practi- cable but no later than March 31, 2024. § 5. This act shall take effect immediately. PART R Intentionally Omitted PART S S. 4006--B 83 Intentionally Omitted PART T Intentionally Omitted PART U Section 1. Subdivision 2 of section 410-u of the social services law, as amended by section 1 of part L of chapter 56 of the laws of 2022, is amended to read as follows: 2. The state block grant for child care shall be divided into two parts pursuant to a plan developed by the department and approved by the director of the budget. One part shall be retained by the state to provide child care on a statewide basis to special groups and for activ- ities to increase the availability and/or quality of child care programs, including, but not limited to, the start-up of child care programs, the operation of child care resource and referral programs, training activities, the regulation and monitoring of child care programs, the development of computerized data systems, and consumer education, provided however, that child care resource and referral programs funded under title five-B of article six of this chapter shall meet additional performance standards developed by the department of social services including but not limited to: increasing the number of child care placements for persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below eighty-five] ONE HUNDRED THREE percent of the state median income, EFFECTIVE OCTOBER FIRST, TWO THOU- SAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, with emphasis on placements supporting local efforts in meeting federal and state work participation requirements, increasing technical assistance to all modalities of legal child care to persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twen- ty-two, provided such persons are at or below eighty-five] ONE HUNDRED THREE percent of the state median income, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, including the provision of training to assist providers in meeting child care standards or regulatory requirements, and creating new child care opportunities, and assisting social services districts in assessing and responding to child care needs for persons at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below eighty-five] ONE HUNDRED THREE percent of the state median income EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR. The depart- ment shall have the authority to withhold funds from those agencies which do not meet performance standards. Agencies whose funds are with- held may have funds restored upon achieving performance standards. The other part shall be allocated to social services districts to provide S. 4006--B 84 child care assistance to families receiving family assistance and to other low income families. § 2. Subdivisions 1 and 3 of section 410-w of the social services law, subdivision 1 as amended by section 2 of part L of chapter 56 of the laws of 2022, and subdivision 3 as amended by chapter 834 of the laws of 2022, are amended to read as follows: 1. A social services district may use the funds allocated to it from the block grant to provide child care assistance to: (a) families receiving public assistance when such child care assist- ance is necessary: to enable a parent or caretaker relative to engage in work, participate in work activities or perform a community service pursuant to title nine-B of article five of this chapter; to enable a teenage parent to attend high school or other equivalent training program; because the parent or caretaker relative is physically or mentally incapacitated; or because family duties away from home necessi- tate the parent or caretaker relative's absence; child day care shall be provided during breaks in activities[, for a period of up to two weeks]. Such child day care [may] SHALL be authorized [for a period of up to one month if child care arrangements shall be lost if not continued, and the program or employment is scheduled to begin within such period] FOR THE PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT; (b) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] ONE HUNDRED THREE PERCENT OF THE STATE MEDIAN INCOME EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, who are attempting through work activities to transition off of public assist- ance when such child care is necessary in order to enable a parent or caretaker relative to engage in work provided such families' public assistance has been terminated as a result of increased hours of or income from employment or increased income from child support payments or the family voluntarily ended assistance; provided that the family received public assistance at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section[; and provided, the family income does not exceed eighty-five percent of the state median income]; (c) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] ONE HUNDRED THREE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOU- SAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, which are determined in accordance with the regulations of the department to be at risk of becoming dependent on family assistance[; provided, the family income does not exceed eighty-five percent of the state median income]; (d) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] ONE HUNDRED THREE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOU- SAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, who are attending a post secondary educational program[; provided, the family income does not exceed eighty-five percent of the state median income]; and S. 4006--B 85 (e) other families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, which the social services district designates in its consolidated services plan as eligible for child care assistance] ONE HUNDRED THREE PERCENT OF THE STATE MEDIAN INCOME EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, in accordance with criteria established by the department[; provided, the family income does not exceed eighty-five percent of the state median income]. 3. A social services district shall guarantee child care assistance to families in receipt of public assistance with children under thirteen years of age when such child care assistance is necessary for a parent or caretaker relative to engage in work or participate in work activ- ities pursuant to the provisions of title nine-B of article five of this chapter. Child care assistance shall continue to be guaranteed for such a family for a period of twelve months or may be provided by a social service district for a period up to twenty-four months, after the month in which the family's eligibility for public assistance has terminated or ended when such child care is necessary in order to enable the parent or caretaker relative to engage in work, provided that the family's public assistance has been terminated as a result of an increase in the hours of or income from employment or increased income from child support payments or because the family voluntarily ended assistance; that the family received public assistance in at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section; AND that the family's income does not exceed [two hundred percent of the state income stand- ard, or three hundred percent of the state income standard effective August first, two thousand twenty-two; and that the family income does not exceed eighty-five] ONE HUNDRED THREE percent of the state median income EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR. Such child day care shall recognize the need for continuity of care for the child and a district shall not move a child from an existing provider unless the participant consents to such move. § 3. Paragraph (a) of subdivision 2 of section 410-x of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) [A social services district] THE DEPARTMENT may establish priori- ties for the families which will be eligible to receive funding; provided that the priorities provide that eligible families will receive equitable access to child care assistance funds to the extent that these funds are available. § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the social services law are REPEALED. § 5. This act shall take effect October 1, 2023. The office of chil- dren and family services is hereby authorized to promulgate such rules and regulations as may be necessary, including on an emergency basis, to implement the provisions of this act. PART V S. 4006--B 86 Section 1. Section 3 of part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, as amended by section 1 of part M of chapter 56 of the laws of 2022, is amended to read as follows: § 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2023] 2024; provided however that the amend- ments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately. PART W Section 1. Section 11 of subpart A of part G of chapter 57 of the laws of 2012, amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, as amended by section 2 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 11. This act shall take effect April 1, 2012 [and shall expire on March 31, 2023 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; provided, however, upon the repeal of this act, a social services district that has custody of a juvenile delinquent pursuant to an approved juvenile justice services close to home initiative shall retain custody of such juvenile delinquent until custody may be legally trans- ferred in an orderly fashion to the office of children and family services]. § 2. Section 7 of subpart B of part G of chapter 57 of the laws of 2012, amending the social services law, the family court act and the executive law relating to juvenile delinquents, as amended by section 3 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 7. This act shall take effect April 1, 2012 [and shall expire on March 31, 2023 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date]. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2023. PART X Section 1. Paragraph (a) of subdivision 8 of section 131-a of the social services law is amended by adding a new subparagraph (xi) to read as follows: (XI) ALL OF THE INCOME OF A HEAD OF HOUSEHOLD OR ANY PERSON IN THE HOUSEHOLD, WHO IS RECEIVING SUCH AID OR FOR WHOM AN APPLICATION FOR SUCH AID HAS BEEN MADE, WHICH IS DERIVED FROM PARTICIPATION IN A PROGRAM CARRIED OUT UNDER THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT (P.L. 113-128) OR ANY SUCCESSOR ACT OR PUBLIC ASSISTANCE EMPLOYMENT, TRAINING OR SKILLS CERTIFICATION PROGRAM, PROVIDED, HOWEVER, THAT IN THE CASE OF EARNED INCOME SUCH DISREGARD MUST BE APPLIED FOR AT LEAST, BUT S. 4006--B 87 NO LONGER THAN, SIX CONSECUTIVE MONTHS FOLLOWING THE LAST DAY OF THE MONTH IN WHICH SUCH PERSON COMMENCES EMPLOYMENT AFTER COMPLETING A QUAL- IFYING JOB TRAINING OR ADULT EDUCATION PROGRAM. § 2. This act shall take effect immediately. PART Y Section 1. The social services law is amended by adding a new section 152-d to read as follows: § 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE. 1. NOTWITHSTANDING SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE, AND IN ACCORDANCE WITH THIS SECTION, PUBLIC ASSISTANCE RECIPIENTS SHALL RECEIVE REPLACEMENT ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST- ENT WITH GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE. 3. SOCIAL SERVICES DISTRICTS SHALL PROMPTLY REPLACE STOLEN PUBLIC ASSISTANCE, HOWEVER, SUCH REPLACEMENT SHALL OCCUR NO LATER THAN SEVEN BUSINESS DAYS AFTER THE DATE THE VICTIM SUBMITS A SIGNED STATEMENT DOCU- MENTING THE THEFT. 4. FOR PUBLIC ASSISTANCE THAT IS VERIFIED AS STOLEN, REPLACEMENT ASSISTANCE SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD- ANCE WITH THIS SECTION AS FOLLOWS: (A) REPLACEMENT ASSISTANCE SHALL BE ISSUED IN AN AMOUNT EQUAL TO THE VALUE OF THE STOLEN BENEFITS; AND (B) (I) NO MORE THAN TWICE IN A CALENDAR YEAR TO COVER PUBLIC ASSIST- ANCE STOLEN ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR; OR (II) NO MORE THAN ONCE IN A CALENDAR YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE. 5. ANY REPLACEMENT ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTI- CLE THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS LATER DETERMINED THAT THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN- TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES. § 2. Section 95 of the social services law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE SHALL DIRECT SOCIAL SERVICES DISTRICTS TO PROVIDE REPLACEMENT BENEFITS IN INSTANCES OF FRAUD OR THEFT OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS EQUAL TO THE VALUE OF BENEFITS STOLEN ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, IN THE SAME MANNER AS OUTLINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY-TWO-D OF THIS CHAPTER, USING FUNDS FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, AS AUTHORIZED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPRO- PRIATIONS ACT OF 2023, P.L. 117-328, EMERGENCY SAFETY NET ASSISTANCE, EMERGENCY ASSISTANCE TO FAMILIES, OR EMERGENCY ASSISTANCE TO ADULTS, AS APPLICABLE. S. 4006--B 88 § 3. Subdivision 1 of section 303 of the social services law is amended by adding a new paragraph (p) to read as follows: (P) IN THE EVENT OF A REPORTED THEFT OF EMERGENCY ASSISTANCE PREVIOUS- LY ISSUED PURSUANT TO THIS SECTION OR THEFT OF SUPPLEMENTAL NUTRITION ASSISTANCE BENEFITS, EMERGENCY ASSISTANCE EQUAL TO THE VALUE OF THE STOLEN BENEFITS SHALL BE PROVIDED IN THE SAME MANNER AS OUTLINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY-TWO-D OF THIS CHAPTER. WHERE REPLACEMENT BENEFITS HAVE BEEN ISSUED PURSUANT TO THIS PARAGRAPH, THE DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT BENEFITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328, SHOULD SUCH REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME. § 4. Paragraph (e) of subdivision 2 of section 350-j of the social services law, as amended by section 38 of part B of chapter 436 of the laws of 1997, is amended to read as follows: (e) such occurrence or situation could not have been foreseen by the applicant[,] AND was not under his or her control [and, in the case of a person receiving public assistance, did not result from the loss, theft or mismanagement of a regular public assistance grant]; and § 5. Section 350-j of the social services law is amended by adding a new subdivision 4 to read as follows: 4. IN INSTANCES OF FRAUD OR THEFT OF BENEFITS OCCURRING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN BENEFITS SHALL BE ISSUED IN AN AMOUNT EQUAL TO THE VALUE OF STOLEN FAMILY ASSISTANCE, EMERGENCY ASSISTANCE TO NEEDY FAMILIES, PANDEMIC ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS IN THE SAME MANNER AS OUTLINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY-TWO-D OF THIS CHAPTER. WHERE REPLACEMENT BENEFITS ARE BEING ISSUED PURSUANT TO THIS SUBDIVI- SION, THE DISTRICT MAY REDUCE THE AMOUNT DESIGNATED TO REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS BY ANY PREVIOUSLY OR CONTEMPORANEOUSLY RECEIVED BENEFITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328. WHERE REPLACEMENT BENEFITS ARE ISSUED PURSUANT TO THIS SUBDIVISION TO REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, THE DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLI- CATIVE REPLACEMENT BENEFITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328 SHOULD SUCH REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME. § 6. Section 159 of the social services law is amended by adding a new subdivision 13 to read as follows: 13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN INSTANCES OF FRAUD OR THEFT OF BENEFITS THAT OCCUR ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE VICTIM OF SUCH FRAUD OR THEFT SHALL BE PROVIDED EMERGENCY ASSISTANCE BENEFITS EQUAL TO THE VALUE OF THE STOLEN SAFETY NET ASSISTANCE, EMERGENCY SAFETY NET ASSISTANCE, PANDEMIC ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL NUTRITION ASSIST- ANCE PROGRAM BENEFITS IN THE SAME MANNER AS OUTLINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY-TWO-D OF THIS CHAPTER. WHERE REPLACEMENT BENEFITS ARE BEING ISSUED PURSUANT TO THIS SUBDIVISION, THE DISTRICT MAY REDUCE THE AMOUNT DESIGNATED TO REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS BY ANY PREVIOUSLY OR CONTEMPORANEOUSLY RECEIVED BENEFITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328. WHERE REPLACEMENT BENEFITS ARE ISSUED PURSUANT TO THIS SUBDIVISION TO S. 4006--B 89 REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, THE DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT BENE- FITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328 SHOULD SUCH REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME. § 7. This act shall take effect immediately. PART Z 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$161.00] $175.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (b) in the case of each individual receiving residential care, an amount equal to at least [$186.00] $202.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$222.00] $241.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY- THREE. (d) for the period commencing January first, two thousand [twenty- three] TWENTY-FOUR, 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-three] TWENTY-FOUR, but prior to June thirtieth, two thousand [twenty-three] TWENTY-FOUR, 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) On and after January first, two thousand [twenty-two] TWENTY- THREE, for an eligible individual living alone, [$928.00] $1,001.00; and for an eligible couple living alone, [$1,365.00] $1,475.00. (b) On and after January first, two thousand [twenty-two] TWENTY-THREE, for an eligible individual living with others with or without in-kind income, [$864.00] $937.00; and for an eligible couple living with others with or without in-kind income, [$1,307.00] $1,417.00. (c) On and after January first, two thousand [twenty-two]TWENTY-THREE, (i) for an eligible individual receiving family care, [$1,107.48] $1,180.48 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- ble individual receiving such care in any other county in the state, [$1,069.48] $1,142.48; and (iv) for an eligible couple receiving such S. 4006--B 90 care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [twenty-two] TWENTY-THREE, (i) for an eligible individual receiving residential care, [$1,276.00] $1,349.00 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, [$1,246.00] $1,319.00; 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-two] TWENTY-THREE, (i) for an eligible individual receiving enhanced residen- tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (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-three] TWEN- TY-FOUR but prior to June thirtieth, two thousand [twenty-three] TWEN- TY-FOUR. § 3. This act shall take effect December 31, 2023. PART AA Section 1. Subdivision 1 of section 696-a of the labor law, as added by chapter 88 of the laws of 2021, is amended to read as follows: 1. "Covered airport location" means John F. Kennedy International Airport [and], LaGuardia Airport, STEWART INTERNATIONAL AIRPORT, or any location used to perform airline catering work as such work is described in subparagraph (iv) of paragraph (a) of subdivision two of this section. § 2. This act shall take effect immediately. PART BB Section 1. Subdivision 1 of section 196-b of the labor law, as added by section 1 of part J of chapter 56 of the laws of 2020, is amended to read as follows: 1. Every employer shall be required to provide its employees with sick leave as follows: a. [For] EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, FOR employers with four or fewer employees in any calendar year, each employee shall be provided with up to forty hours of unpaid sick leave in each calendar year; provided, however, an employer that employs four or fewer employees in any calendar year and that has a net income of greater than one million dollars in the previous tax year shall provide each employee with up to forty hours of paid sick leave pursuant to this section; b. For employers with between five and ninety-nine employees in any calendar year AND ALL EMPLOYERS OF ONE OR MORE DOMESTIC WORKERS, each employee shall be provided with up to forty hours of paid sick leave in each calendar year. FOR PURPOSES OF THIS SUBDIVISION, "DOMESTIC WORKER" S. 4006--B 91 SHALL MEAN ANY DOMESTIC WORKER AS SUCH TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER; and c. For employers with one hundred or more employees in any calendar year, each employee shall be provided with up to fifty-six hours of paid sick leave each calendar year. For purposes of determining the number of employees pursuant to this subdivision, a calendar year shall mean the twelve-month period from January first through December thirty-first. For all other purposes, a calendar year shall either mean the twelve-month period from January first through December thirty-first, or a regular and consecutive twelve-month period, as determined by an employer. § 2. This act shall take effect immediately. PART CC Section 1. Paragraph h of subdivision 2 of section 355 of the educa- tion law is amended by adding a new subparagraph 11 to read as follows: (11) ALL CURRENT AND FUTURE MANDATORY FEES OWED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITIES FEE, SHALL NOT BE CHARGED TO A GRADUATE STUDENT SERVING A FULL-TIME OR HALF-TIME APPOINTMENT AS A GRAD- UATE TEACHING ASSISTANT, GRADUATE ASSISTANT, GRADUATE RESEARCH ASSIST- ANT, GRADUATE RESEARCH ASSOCIATE, OR A GRADUATE TEACHING ASSOCIATE. § 2. Subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (g) to read as follows: (G) ALL CURRENT AND FUTURE MANDATORY FEES OWED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITIES FEE, SHALL NOT BE CHARGED TO A GRADUATE STUDENT SERVING AS A GRADUATE ASSISTANT, ADJUNCT INSTRUCTOR, ADJUNCT LECTURER, ADJUNCT COLLEGE LABORATORY TECHNICIAN OR A NON-TEACH- ING ADJUNCT STAFF MEMBER. § 3. This act shall take effect immediately. PART DD Section 1. The veterans' services law is amended by adding a new section 29-b to read as follows: § 29-B. STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILITARY IMMI- GRANT FAMILY LEGACY PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "UNIFORMED SERVICE MEMBER" SHALL MEAN A MEMBER OF THE ARMY, NAVY, AIR FORCE, SPACE CORPS, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE COMMISSIONED CORPS, OR NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS SERVING ON ACTIVE DUTY. (B) "THE PROGRAM" SHALL MEAN THE STAFF SERGEANT ALEX R. JIMENEZ MILI- TARY IMMIGRANT FAMILY LEGACY PROGRAM. (C) "COORDINATOR" SHALL MEAN A MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATOR APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (D) "VETERAN" SHALL MEAN A PERSON WHO SERVED IN THE ACTIVE MILITARY, NAVAL OR AIR SERVICE AND WHO WAS DISCHARGED OR RELEASED UNDER CONDITIONS OTHER THAN DISHONORABLE. (E) "INTENDED RECIPIENTS" SHALL MEAN UNIFORMED SERVICE MEMBERS, VETER- ANS, RESERVE COMPONENT MEMBERS AND THEIR FAMILY MEMBERS. (F) "RESERVE COMPONENT MEMBERS" SHALL MEAN THOSE SERVING IN THE ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, THE ARMY NATIONAL GUARD OR S. 4006--B 92 THE AIR NATIONAL GUARD DURING THE TIME THE UNIT WAS FEDERALLY RECOGNIZED AS A RESERVE COMPONENT. 2. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, IN CONJUNCTION WITH THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM WHICH SHALL BE JOINTLY DEVELOPED AND IMPLEMENTED BY THE COMMISSIONER AND THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, IN CONSULTATION WITH THE OFFICE FOR NEW AMERICANS ESTABLISHED PURSUANT TO SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE PRIMARY PURPOSE OF THE PROGRAM SHALL BE TO ASSIST INTENDED RECIPIENTS TO SECURE LEGAL IMMIGRATION STATUS IN THE UNITED STATES, INCLUDING BUT NOT LIMITED TO, CITIZENSHIP. 3. TWO MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS SHALL BE APPOINTED, ONE APPOINTED BY THE COMMISSIONER AND ONE BY THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, TO ADMINISTER THE PROGRAM. EACH COORDINATOR SHALL BE A VETERAN. THE COORDINATORS' DUTIES SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ASSISTING INTENDED RECIPIENTS WHO MAY QUALIFY FOR ADJUSTMENT OF STATUS, SPECIAL IMMIGRATION STATUS THROUGH THE FEDERAL PAROLE IN PLACE PROGRAM AUTHORIZED BY SECTION 1758 OF THE 2020 NATIONAL DEFENSE AUTHORI- ZATION ACT, OR ANY OTHER SORT OF RELIEF THAT CAN LEAD TO CITIZENSHIP. (B) COMMUNICATION WITH THE COMMISSIONER AND THE ADJUTANT GENERAL AND THE OFFICE FOR NEW AMERICANS REGARDING EXISTING POLICIES AND REGULATIONS PERTAINING TO THE NEEDS OF INTENDED RECIPIENTS AND TO MAKE RECOMMENDA- TIONS REGARDING THE IMPROVEMENT OF BENEFITS AND SERVICES TO SUCH INTENDED RECIPIENTS. (C) SERVING AS LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE UNITED STATES CITIZENSHIP AND IMMI- GRATION SERVICES, IMMIGRATION AND CUSTOMS ENFORCEMENT, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, LOCAL VETERANS' SERVICE AGENCIES, STATE AGENCIES, COMMUNITY GROUPS, ADVOCATES, AND OTHER VETERANS AND MILITARY ORGANIZATIONS AND INTERESTED PARTIES. (D) CONSULTING WITH QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED BOARD OF IMMIGRATION APPEALS APPROVED REPRESENTATIVES TO FACILITATE SUCH COORDINATION WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES OR OTHER APPROPRIATE AGENCY. (E) ADVOCATING FOR INTENDED RECIPIENTS. (F) DEVELOPING AND MAINTAINING A CLEARINGHOUSE FOR INFORMATION AND RESOURCES RELATING TO THE PROGRAM. (G) PROMOTING EVENTS AND ACTIVITIES THAT EDUCATE AND ASSIST INTENDED RECIPIENTS, INCLUDING BUT NOT LIMITED TO, VETERAN HUMAN RIGHTS CONFER- ENCES, VETERANS BENEFIT AND RESOURCES EVENTS. (H) INCLUDING THE CONTRIBUTIONS THAT INTENDED RECIPIENTS HAVE MADE ON BEHALF OF THE UNITED STATES AND THIS STATE ON THE DEPARTMENT'S OFFICIAL WEBSITE. (I) DEVELOPING INFORMATION TO BE MADE AVAILABLE TO CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATIONS, AND LOCAL VETERANS' SERVICES AGENCIES TO PROVIDE A GENERAL OVERVIEW OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO, ITS PURPOSE AND THE ELIGIBILITY REQUIREMENTS FOR ADJUSTMENT OF STATUS, CITIZENSHIP, OR ANY OTHER FORM OF AVAILABLE RELIEF. (J) PREPARING REPORTS ON TOPICS, INCLUDING BUT NOT LIMITED TO, THE DEMOGRAPHICS OF INTENDED RECIPIENTS, THE NUMBER OF SUCH INTENDED RECIPI- ENTS BY COUNTY, AND THE UNIQUE NEEDS OF THE INTENDED RECIPIENTS WITHIN NEW YORK STATE TO THE COMMISSIONER, THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND THE OFFICE FOR NEW AMERICANS. S. 4006--B 93 4. THE COORDINATORS SHALL SUBMIT A REPORT TO THE COMMISSIONER AND TO THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS ON JANUARY FIRST EACH YEAR FOLLOWING THE FIRST FULL YEAR AFTER THE EFFEC- TIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF THE COORDINATORS' ACTIVITIES FOR THE PRECEDING CALENDAR YEAR. THE COMMISSIONER SHALL SUBMIT THE REPORT TO THE GOVERNOR AND THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR OF THIS ARTICLE. THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS SHALL SUBMIT THE REPORT TO THE GOVERNOR AND THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-FOUR OF THE EXECUTIVE LAW. § 2. Section 4 of the veterans' services law is amended by adding a new subdivision 38 to read as follows: 38. TO ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THIS ARTICLE. § 3. The military law is amended by adding a new section 256 to read as follows: § 256. STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM SUPPORT. THE ADJUTANT GENERAL SHALL ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COOR- DINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW. § 4. Paragraph (l) of subdivision 5 of section 94-b of the executive law, as added by chapter 206 of the laws of 2014, is amended to read as follows: (l) (I) Coordinate with other state agencies and otherwise marshal the resources of the state to serve the needs of immigrants, AND (II) ADVISE THE STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS PURSUANT TO SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW; § 5. This act shall take effect on the ninetieth day after it shall have become a law, provided however, that if section 2 of part PP of chapter 56 of the laws of 2022 shall not have taken effect on or before such date, then this act shall take effect on the same date and in the same manner as such section of such part of such chapter of the laws of 2022 takes effect. PART EE Section 1. Subdivision 1 of section 350 of the social services law is amended by adding a new paragraph (c) to read as follows: (C) IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT APPROVED BY THE DIRECTOR OF THE BUDGET, ALLOWANCES GRANTED UNDER THE PROVISIONS OF THIS TITLE MAY INCLUDE THE COSTS OF DIAPERS FOR AN ELIGIBLE CHILD, TWO YEARS OF AGE OR YOUNGER. SAID ALLOWANCES SHALL NOT EXCEED EIGHTY DOLLARS, EVERY THREE MONTHS, PER ELIGIBLE CHILD. § 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART FF Section 1. The arts and cultural affairs law is amended by adding a new section 3.17 to read as follows: § 3.17. ARTS AND CULTURAL DISTRICTS. 1. FOR THE PURPOSES OF THIS SECTION, "ARTS AND CULTURAL DISTRICTS" MEANS GEOGRAPHIC AREAS OF A CITY, TOWN OR VILLAGE WITH A CONCENTRATION OF ARTS OR CULTURAL FACILITIES S. 4006--B 94 LOCATED WITHIN ITS BOUNDARIES. TWO OR MORE LOCAL GOVERNMENTS MAY JOINTLY APPLY FOR A DESIGNATED DISTRICT WHERE THE PROPOSED GEOGRAPHIC AREA OF SUCH DISTRICT SHALL EXTEND ACROSS COMMONLY HELD JURISDICTIONAL BOUNDA- RIES. 2. THE COUNCIL, IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVEL- OPMENT AND ANY OTHER STATE DEPARTMENT, OFFICE, DIVISION OR AGENCY THE COUNCIL DEEMS NECESSARY, SHALL DEVELOP CRITERIA AND GUIDELINES FOR STATE DESIGNATED ARTS AND CULTURAL DISTRICTS. CRITERIA DEVELOPED BY THE COUN- CIL, IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND ANY OTHER STATE DEPARTMENT, OFFICE, DIVISION OR AGENCY THE COUNCIL DEEMS NECESSARY, TO DESIGNATE A DISTRICT SHALL, TO THE EXTENT PRACTICABLE, INCLUDE, BUT NOT BE LIMITED TO, DETERMINATIONS THAT SUCH DISTRICT: (A) ATTRACTS ARTISTS OR CULTURAL ENTERPRISES TO THE COMMUNITY, (B) ENCOUR- AGES ENTERPRISE AND JOB DEVELOPMENT DUE TO THE CONCENTRATION OF ARTISTIC OR CULTURAL ACTIVITY, A MAJOR ARTS OR CULTURAL INSTITUTION OR FACILITY, ARTS AND ENTERTAINMENT BUSINESSES, AN AREA WITH ARTS AND CULTURAL ACTIV- ITIES, OR ARTISTIC OR CULTURAL PRODUCTION, (C) ATTRACTS A SUFFICIENT AMOUNT OF TOURISM, (D) ENHANCES LOCAL PROPERTY VALUES AND FOSTERS LOCAL CULTURAL DEVELOPMENT, (E) ENGAGES IN THE PROMOTIONAL, PRESERVATION, AND EDUCATIONAL ASPECTS OF THE ARTS AND CULTURE OF THE COMMUNITY AND CONTRIBUTE TO THE PUBLIC THROUGH INTERPRETIVE, EDUCATIONAL, OR RECRE- ATIONAL USES; OR (F) SATISFIES ADDITIONAL CRITERIA AS DETERMINED BY THE COUNCIL THAT WILL FURTHER THE PURPOSES OF THIS SECTION. THE COUNCIL, IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND ANY OTHER STATE DEPARTMENT, OFFICE, DIVISION OR AGENCY THE COUNCIL DEEMS NECES- SARY, SHALL ALSO DEVELOP GUIDELINES THAT PROVIDE ASSISTANCE TO A CITY, TOWN, OR VILLAGE, OR MULTIPLE LOCAL GOVERNMENTS APPLYING JOINTLY IN DEVELOPING AN APPLICATION FOR DISTRICT CERTIFICATION. FOR ANY STATE DESIGNATED ARTS AND CULTURAL DISTRICT, THE DEPARTMENT OF ECONOMIC DEVELOPMENT, IN COOPERATION WITH THE COUNCIL AND ANY OTHER STATE DEPART- MENT, OFFICE, DIVISION OR AGENCY THE DEPARTMENT DEEMS NECESSARY, SHALL PROVIDE STATE SUPPORTED ASSISTANCE TO THE DISTRICT IN ITS ACTIVITIES, INCLUDING BUT NOT LIMITED TO TECHNICAL ASSISTANCE IN APPLYING FOR FEDERAL AND NON-PROFIT GRANTS, MARKETING EXPERTISE, IDENTIFICATION OF OTHER STATE RESOURCES THAT MAY ASSIST A DISTRICT'S ACTIVITIES OR PROGRAMS THAT COULD BE CREATED OR EXPANDED WITHIN STATE AGENCIES TO ASSIST DISTRICTS. § 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART GG Section 1. The public housing law is amended by adding a new article 14-A to read as follows: ARTICLE 14-A HOUSING ACCESS VOUCHER PROGRAM SECTION 605. LEGISLATIVE FINDINGS. 606. DEFINITIONS. 607. HOUSING ACCESS VOUCHER PROGRAM. 608. ELIGIBILITY. 609. FUNDING ALLOCATION AND DISTRIBUTION. 610. PAYMENT OF HOUSING VOUCHERS. 611. LEASES AND TENANCY. 612. RENTAL OBLIGATION. 613. MONTHLY ASSISTANCE PAYMENT. 614. INSPECTION OF UNITS. S. 4006--B 95 615. RENT. 616. VACATED UNITS. 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. 618. VERIFICATION OF INCOME. 619. DIVISION OF AN ASSISTED FAMILY. 620. MAINTENANCE OF EFFORT. 621. VOUCHERS STATEWIDE. 622. APPLICABLE CODES. 623. HOUSING CHOICE. § 605. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST OF HOUS- ING, AND TO AID INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 606. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD- ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER- ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN- MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION AND LACKING A REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS UNDER 42 U.S.C. § 11302(A); HAVING EXPERIENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUSING OR HAVING EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE- THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER. 2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT- ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO A COURT ORDER TO VACATE THE PREMISES DUE TO HAZARDOUS CONDITIONS, WHICH MAY INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF HOUSING OR HOME- LESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR FLEEING OR S. 4006--B 96 ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREATENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY. 3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI- TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE. 4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY THAT ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8 OF THE UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION. 5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8 LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS VOUCHER PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION. IN THE CITY OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE NEW YORK CITY HOUSING AUTHORITY, OR BOTH. 6. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR ANY REMAINING MEMBERS OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY. 7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER- ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY, HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS. 8. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE PERSONS. 9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND ANY AMENDMENTS THERETO. 10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.611 AND ANY AMENDMENTS THERETO. 11. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR COMPARABLE UNASSISTED UNITS IN THE PREMISES. 12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F. 13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO- RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE PROGRAM. S. 4006--B 97 14. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. 15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS: (A) UNDER THE AGE OF EIGHTEEN; (B) A PERSON WITH A DISABILITY; OR (C) A FULL-TIME STUDENT. 16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER. 17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL- DREN UNDER THE AGE OF THIRTEEN. 18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE UNITED STATES CENSUS BUREAU. 19. "DISABILITY" MEANS: (A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS; OR (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY- FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH: (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION; (II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY; AND (III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE SUITABLE HOUSING CONDITIONS; OR (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF AN INDIVIDUAL THAT: (I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION OF MENTAL AND PHYSICAL IMPAIRMENTS; (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO; (III) IS LIKELY TO CONTINUE INDEFINITELY; (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY: (A) SELF-CARE; (B) RECEPTIVE AND EXPRESSIVE LANGUAGE; (C) LEARNING; (D) MOBILITY; (E) SELF-DIRECTION; (F) CAPACITY FOR INDEPENDENT LIVING; OR (G) ECONOMIC SELF-SUFFICIENCY; AND (V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED. § 607. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI- VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF S. 4006--B 98 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI- CLE. THE COMMISSIONER SHALL DESIGNATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVID- UALS AND FAMILIES AND TO ADMINISTER OTHER ASPECTS OF THE PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 608. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS PROGRAM. INDIVIDUALS AND FAMILIES WHO MEET THE STANDARDS SHALL BE ELIGIBLE REGARDLESS OF IMMIGRATION STATUS. ELIGIBILITY SHALL BE LIMITED TO INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION FROM A SOCIAL SERVICES PROVIDER SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT NOT LIMITED TO, HOMELESS SHELTERS TO DETERMINE WHETHER AN APPLICANT QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY. 1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME, AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S OR FAMILY'S ADJUSTED INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE DWELLING UNIT. 3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE. 4. INCOME ELIGIBILITY SHALL BE VERIFIED PRIOR TO A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR'S INITIAL DETERMINATION TO PROVIDE RENTAL ASSISTANCE FOR THIS PROGRAM AND UPON DETERMINATION OF SUCH ELIGIBILITY, AN INDIVIDUAL OR FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR THE PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH RENTAL ASSISTANCE. 5. THE COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS- ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR THE PURPOSE OF DETERMINING AN INDIVIDUAL'S OR FAMILY'S INITIAL AND CONTINUED ELIGIBILITY FOR THE PROGRAM. 6. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY. § 609. FUNDING ALLOCATION AND DISTRIBUTION. 1. SUBJECT TO APPROPRI- ATION, FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER IN EACH COUNTY EXCEPT FOR THOSE COUNTIES LOCATED WITHIN THE CITY OF NEW YORK, THE INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. FUNDING FOR COUN- TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY TO THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE, IN PROPOR- TION TO THE NUMBER OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE REST OF THE STATE OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. S. 4006--B 99 2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW YORK AMONG HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR IN THE CITY OF NEW YORK. 3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS- SIONER SHALL HAVE THE DISCRETION TO ESTABLISH FURTHER PRIORITIES AS APPROPRIATE. 4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS- SIONER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS- TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH- ER PROGRAM. § 610. PAYMENT OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE PAID DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT CONTRACT AND THE METHOD OF PAYMENT. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE PAYMENT STANDARD SHALL NOT EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED. FAIR MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDERAL REGU- LATIONS. FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL. § 611. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND THE OWNER OF A DWELLING UNIT SHALL PROVIDE: 1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN THE TENANT AND THE DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR DETERMINES THAT SUCH SHORTER TERM WOULD IMPROVE HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID- ERED TO BE A PREVAILING LOCAL MARKET PRACTICE; 2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED UNDER THIS ARTICLE THAT: (A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT OWNER; AND (B) CONTAIN TERMS AND CONDITIONS THAT: (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED UNDER THIS ARTICLE; (C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO, THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT OWED, AND IN THE CASE OF AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY S. 4006--B 100 TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER: (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND (II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF SUCH NOTICE; (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW; 3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT TO THIS ARTICLE; 4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE. § 612. RENTAL OBLIGATION. THE MONTHLY RENTAL OBLIGATION FOR AN INDI- VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUSING ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF: 1. THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR INDIVIDUAL; OR 2. IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF- ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI- LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY. § 613. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI- CLE. 2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENT OF THE RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE COMMISSIONER. THE COMMISSIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET RENT. 3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE FAIR MARKET RENT WAS REDUCED. § 614. INSPECTION OF UNITS. INSPECTION OF UNITS SHALL BE CONDUCTED PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF TITLE 24 OF THE CODE OF FEDERAL REGULATIONS. S. 4006--B 101 § 615. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET. 2. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY, AT THE REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI- CLE, ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDER- ATION BY THE INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER THE RENT (OR RENT INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT. 3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS. 4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE. § 616. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED. § 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN- ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS ARTICLE LEASES A DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING UNIT) THAT IS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL OR FAMILY UNDER THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF GENERAL LOCAL GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER, TO MAKE INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF THIS ARTICLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED FIFTEEN OF THIS ARTICLE. THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE RESPONSIBLE FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS, SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE. 2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT TO A DWELLING UNIT, THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA- TOR, BY AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR, OR BY A LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH ADMINIS- TRATOR (OR AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL- ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS- TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY S. 4006--B 102 WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN ENTITY WHICH OWNS THE UNIT. § 618. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE- DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI- LIES TO PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPEN- SATION AND FEDERAL INCOME TAXATION AND DATA RELATING TO BENEFITS MADE AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE UNITED STATES CODE. ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE OF VERIFYING INCOMES IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS AND FAMILIES FOR BENEFITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY) UNDER THIS ARTICLE. § 619. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE DIVISION OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT AGREE AS TO WHICH SUCH INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE ASSISTED: (A) WHICH OF SUCH INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT CHILDREN; (B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION; (C) THE COMPOSITION OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS; (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF SUCH FAMILY; (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND (F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS. 2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR WILL TERMINATE ASSISTANCE ON THE BASIS OF FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION. § 620. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT LOSS OF HOUSING. § 621. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED S. 4006--B 103 FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN FINDING HOUSING IN THE AREA OF THEIR CHOICE. PROVIDED FURTHER, HOWEVER, THAT A VOUCHER MUST BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN THE CITY OF NEW YORK, FOR NO LESS THAN ONE YEAR BEFORE IT CAN BE USED IN A DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER THEREOF, IS OR HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. § 622. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE HOUSING ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES. § 623. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOUS- ING ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM. 2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE JURISDICTION. § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule, regulation, plan or guidance document necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date; provided further that any rule, regulation, plan or guidance document shall apply only to those counties located outside of the city of New York. The New York city department of housing preservation and development and the New York city housing authority, as applicable, shall promulgate or release rules, regulations, plans or guidance documents as necessary for the implementation of this act within the city of New York. PART HH Section 1. The education law is amended by adding a new section 210-d to read as follows: § 210-D. REGISTRATION OF CURRICULA. 1. 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, 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 (A) HAS MAINTAINED A PHYSICAL PRESENCE IN THE STATE FOR THE IMMEDIATELY PRECED- ING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN-YEAR PERIOD, AND (B) IS ACCREDITED AND HAS CONTINUED ITS ACCREDITATION BY THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION OR ANOTHER INSTITUTIONAL ACCREDITING AGENCY RECOGNIZED BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF EDUCATION OR THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT FORTY-FIVE DAYS AFTER NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR UNIVERSITY'S GOVERNING BODY S. 4006--B 104 AND SUBMISSION OF A COMPLETE APPLICATION FOR REVIEW. IF WITHIN FORTY- FIVE DAYS OF SUBMISSION, THE DEPARTMENT DETERMINES THE NEW CURRICULUM OR PROGRAM OF STUDY TO BE INCOMPLETE OR INSUFFICIENT, A WRITTEN EXPLANATION SHALL BE PROVIDED TO THE INSTITUTION. UPON CURING, THE NEW CURRICULUM OR PROGRAM OF STUDY SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT THIRTY DAYS AFTER RESUBMISSION, OR EARLIER UPON THE DEPARTMENT'S APPROVAL. 2. ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY THAT MEETS THE CRITERIA SET FORTH IN SUBDIVISION ONE OF THIS SECTION WHICH HAS RECEIVED CURRIC- ULUM OR PROGRAM APPROVAL FROM THE DEPARTMENT AND SEEKS TO OFFER THE SAME CURRICULUM OR PROGRAM IN A DISTANCE LEARNING FORMAT SHALL NOT NEED TO HAVE SUCH CURRICULUM OR PROGRAM RE-APPROVED BY THE DEPARTMENT, BUT SHALL INFORM THE DEPARTMENT OF SUCH COLLEGE'S OR UNIVERSITY'S INTENT TO OFFER SUCH PROGRAM IN SUCH FORMAT WITHIN THIRTY DAYS PRIOR TO PROVIDING DISTANCE LEARNING. 3. IF A COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY THE INSTITUTIONAL ACCREDITING AGENCY, SUCH COLLEGE OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF ACCREDITATION BY THE INSTITUTIONAL ACCREDITING AGENCY. 4. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS ACCREDITATION PLACED ON PROBATION OR TERMINATED BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE EDUCATION DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL UNTIL IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDI- TATION BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE EDUCATION DEPART- MENT, 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. 5. 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 THE INSTITUTIONAL ACCREDITING AGENCY, THEN SUCH COLLEGE OR UNIVERSITY SHALL PROVIDE THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH THE INSTITUTIONAL ACCREDITING AGENCY AS PART OF THE INSTITUTIONAL ACCREDITING AGENCY'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED. 6. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS SECTION SHALL COMPLY WITH THE PROCEDURES AND CRITERIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART- MENT'S EXISTING AUTHORITY TO INVESTIGATE A COMPLAINT CONCERNING THE INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS- TER THE PROGRAM. 7. THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A DATABASE, ACCESSI- BLE TO INSTITUTIONS SEEKING CURRICULUM OR PROGRAM APPROVAL, WHICH SHALL PROVIDE UPDATED INFORMATION ON THE CURRENT STATUS OF AN INSTITUTION'S SUBMITTED REQUESTS. TO THE EXTENT PRACTICABLE, THE DATABASE SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING INFORMATION: (A) ACKNOWLEDGEMENT AND DATE OF RECEIPT OF SUBMISSION; (B) THE INITIAL REVIEW BY AN OFFICE OF COLLEGE AND UNIVERSITY EVALU- ATION; (C) QUESTIONS FROM THE DEPARTMENT TO THE SPECIFIC INSTITUTION AND RECEIPT OF ANSWERS PROVIDED BY THE INSTITUTION IN RESPONSE; AND (D) ANY REMARKS AND THE FINAL DECISION MADE BY THE DEPARTMENT REGARD- ING A CURRICULUM'S OR PROGRAM'S APPROVAL OR DISAPPROVAL. 8. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. S. 4006--B 105 § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART II Section 1. Subdivision 14 of section 131-a of the social services law, as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is amended to read as follows: 14. In determining the [need for] AMOUNT OF aid provided pursuant to public assistance programs, each person living with medically diagnosed HIV infection [as defined by the AIDS institute of the department of health in social services districts with a population over five million] who APPLIES FOR OR is receiving [services through such district's admin- istrative unit providing HIV/AIDS services,] public assistance and HAS earned and/or unearned income, UP TO TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES, shall not be required to pay more than thirty percent of his or her monthly earned and/or unearned income toward the cost of rent that such person has a direct obligation to pay; this provision shall not apply to THE AMOUNT OF PAYMENT OBLIGATIONS FOR room and board arrangements ATTRIBUTABLE TO THE PROVISION OF GOODS AND SERVICES OTHER THAN LIVING SPACE. § 2. Subdivision 15 of section 131-a of the social services law is REPEALED and a new subdivision 15 is added to read as follows: 15. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY OTHER LAW OR REGULATION TO THE CONTRARY, IN DETERMINING THE AMOUNT OF AID PROVIDED PURSUANT TO PUBLIC ASSISTANCE PROGRAMS, SOCIAL SERVICE DISTRICTS SHALL, UPON APPLICATION, PROVIDE ACCESS TO EMERGENCY SHELTER, TRANSPORTATION, OR NUTRITION PAYMENTS WHICH THE DISTRICT DETERMINES ARE NECESSARY TO ESTABLISH OR MAINTAIN INDEPENDENT LIVING ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUS- ING IS AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT EXCEEDING AN AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. § 3. Section 131 of the social services law is amended by adding two new subdivisions 21 and 22 to read as follows: 21. WHEN NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT SHALL ASSIST PERSONS WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO SECURE THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II) ARRANGING FOR REQUIRED FACE-TO-FACE INTERVIEWS TO BE CONDUCTED DURING HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS FOR SERVICES AS WELL AS OTHER RESOURCES AND MATERIALS AS DESCRIBED IN SUBDIVISION TWENTY-TWO OF THIS SECTION. 22. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL CREATE, MAINTAIN, AND PERIODICALLY UPDATE INFORMATION ON THE OFFICE'S WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING THE LOCATION OF SUCH SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, COMMUNITY BASED SUPPORTS, EMPLOYMENT OPPORTUNITIES, AND MEDICAL PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG- NOSED HIV INFECTION TO BE UTILIZED BY THE LOCAL SOCIAL SERVICES S. 4006--B 106 DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S WEBSITE. § 4. Paragraphs f and (g) of subdivision 1 of section 153 of the social services law, paragraph f as amended by chapter 81 of the laws of 1995 and paragraph (g) as amended by chapter 471 of the laws of 1980, are amended and a new paragraph h is added to read as follows: f. the full amount expended by any district, city, town or Indian tribe for the costs, including the costs of administration of public assistance and care to eligible needy Indians and members of their fami- lies residing on any Indian reservation in this state, after first deducting therefrom any federal funds properly received or to be received on account thereof[.]; [(g)] G. fifty per centum of the amount expended for substance abuse services pursuant to this chapter, after first deducting therefrom any federal funds properly received or to be received on account thereof. In the event funds appropriated for such services are insufficient to provide full reimbursement of the total of the amounts claimed by all social services districts pursuant to this section then reimbursement shall be in such proportion as each claim bears to such total[.]; AND H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED PER CENTUM OF SAFETY NET OR FAMILY ASSISTANCE EXPENDITURES, IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION OR FEWER, FOR HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT EXCEEDING AN AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL- OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT DETERMINES ARE NECESSARY TO ESTABLISH OR MAINTAIN INDEPENDENT LIVING ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION AND WHO ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF. § 5. This act shall take effect on the ninetieth day after it shall have become a law. PART JJ Section 1. Short title. This act shall be known and may be cited as the "NYCHA utility accountability act". § 2. Section 402-e of the public housing law is amended by adding a new subdivision 5 to read as follows: 5. WHERE THERE IS A DISRUPTION IN THE NEW YORK CITY HOUSING AUTHORI- TY'S PROVISION OF HEAT, WATER, GAS, OR ELECTRICITY SERVICE TO ANY TENANT, THE NEW YORK CITY HOUSING AUTHORITY SHALL, AT A MINIMUM, REDUCE THE AMOUNT OF RENT TO BE PAID BY SUCH TENANT FOR THE FOLLOWING MONTH BY THE GREATER OF EITHER (A) SEVENTY-FIVE DOLLARS PER MONTH, ON A PRORATED DAILY BASIS FOR EACH DAY SUCH TENANT EXPERIENCED A DISRUPTION OF HEAT, WATER, GAS, OR ELECTRICITY SERVICE; OR (B) THE AMOUNT EQUAL TO TEN PERCENT OF SUCH TENANT'S PRORATED DAILY COST OF RENT FOR EACH DAY SUCH TENANT EXPERIENCED A DISRUPTION OF HEAT, WATER, GAS, OR ELECTRICITY SERVICE. § 3. This act shall take effect immediately. PART KK S. 4006--B 107 Section 1. The social services law is amended by adding a new section 131-ss to read as follows: § 131-SS. AUTOMATED IDENTIFICATION OF AFFORDABILITY PROGRAM PARTIC- IPANTS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO- RARY AND DISABILITY ASSISTANCE. (B) "AFFORDABILITY PROGRAM PARTICIPANT" SHALL MEAN A HOUSEHOLD THAT IS DETERMINED TO BE ELIGIBLE BY THE APPROPRIATE AGENCY FOR ANY OF THE FOLLOWING PROGRAMS: (I) PUBLIC ASSISTANCE; (II) SUPPLEMENTAL SECURITY INCOME; (III) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP); (IV) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM; (V) VETERAN'S DISABILITY PENSION; (VI) VETERAN'S SURVIVING SPOUSE PENSION; (VII) CHILD HEALTH PLUS; (VIII) LIFELINE; AND (IX) ANY OTHER INCOME-BASED ASSISTANCE PROGRAM IDENTIFIED BY THE PUBLIC SERVICE COMMISSION IN CONSULTATION WITH THE OFFICE. (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE. (D) "UTILITY CORPORATION" SHALL MEAN A CORPORATION REGULATED PURSUANT TO ARTICLE TWO OF THE PUBLIC SERVICE LAW. (E) "UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS" SHALL BE DEFINED BY THE PUBLIC SERVICE COMMISSION AND SHALL INCLUDE PROGRAMS WHICH ARE INTENDED TO ASSIST CUSTOMERS WITH ENERGY AFFORDABILITY BY REDUCING CUSTOMERS' ENERGY BURDEN. 2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL ESTABLISH A STATEWIDE PROGRAM TO PROVIDE FOR AUTOMATED IDENTIFICATION OF ELIGIBLE AFFORDABILITY PROGRAM PARTIC- IPANTS FOR PARTICIPATION IN UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS. 3. THE OFFICE SHALL ENGAGE WITH UTILITY CORPORATIONS TO ESTABLISH AUTOMATED FILE MATCHING MECHANISMS THAT WILL PROVIDE, VIA ELECTRONIC MEANS, TO UTILITY CORPORATIONS A LIST OF ELIGIBLE AFFORDABILITY PROGRAM PARTICIPANTS WITHIN THE UTILITY CORPORATION'S SERVICE TERRITORY. 4. THE OFFICE SHALL CONDUCT AUTOMATED FILE MATCHING TO IDENTIFY UTILI- TY CORPORATION CUSTOMER ACCOUNTS THAT ARE ALSO AFFORDABILITY PROGRAM PARTICIPANTS AND SUCH INFORMATION SHALL BE PROVIDED TO UTILITY CORPO- RATIONS NO LESS THAN SEMI-ANNUALLY. UTILITY CORPORATION CUSTOMER ACCOUNTS IDENTIFIED BY THE OFFICE AS ELIGIBLE FOR PARTICIPATION IN AVAILABLE UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS AS A RESULT OF SUCH FILE MATCHING SHALL BE ENROLLED IN SUCH PROGRAMS WITHIN SIXTY DAYS OF RECEIPT OF THE OFFICE COMMUNICATING THE RESULTS OF THE AUTOMATED FILE MATCHING TO THE UTILITY CORPORATION. ANY INFORMATION PROVIDED TO THE UTILITY CORPORATIONS RELATED TO AFFORDABILITY PROGRAM PARTICIPANTS PURSUANT TO THIS SECTION SHALL BE REDACTED AS NECESSARY TO PROTECT ANY INFORMATION THAT IS PROTECTED UNDER ANY STATE OR FEDERAL PRIVACY LAWS, KEPT CONFIDENTIAL, AND SHALL ONLY BE UTILIZED FOR THE PURPOSE OF CONFIRMING ELIGIBILITY IN THE UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAM. 5. UPON AUTOMATIC ENROLLMENT, THE COMMISSIONER SHALL FURTHER NOTIFY THE AFFORDABILITY PROGRAM PARTICIPANTS OF OTHER PROGRAMS THAT SUCH PARTICIPANTS ARE ELIGIBLE FOR, AND TO THE EXTENT PERMISSIBLE BY STATE AND FEDERAL LAW, SHALL DEVELOP SYSTEMS AND PROCEDURES TO OBTAIN CONSENT S. 4006--B 108 FOR AUTOMATIC ENROLLMENT INTO ANY OF THE PROGRAMS LISTED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. 6. THE COMMISSIONER MAY ADOPT, ON AN EMERGENCY BASIS PURSUANT TO ARTI- CLE TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ANY RULES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. 7. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTION OF THIS PROGRAM TO ANY STATE AGENCY, CITY, COUNTY, TOWN, CONTRACTOR OR NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI- CLE AND APPLICABLE FEDERAL REQUIREMENTS. PROVIDED HOWEVER, SUCH PRIVACY AND CONFIDENTIALITY LIMITATIONS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION SHALL APPLY TO ANY ENTITY THAT THE COMMISSIONER DELEGATES THE ADMINISTRATION OF THE PROGRAM TO. § 2. This act shall take effect immediately. PART LL Section 1. The state finance law is amended by adding a new section 99-qq to read as follows: § 99-QQ. NEW YORK STATE YOUTH SPORTS INITIATIVE GRANTS FUND. 1. A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE YOUTH SPORTS INITIATIVE GRANTS FUND" IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMP- TROLLER AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES. 2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE, ALL MONIES TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE PAID INTO OR CREDIT- ED TO THE FUND AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT OF MONIES IN THE FUND. NOTHING CONTAINED HEREIN SHALL PREVENT THE COMPTROLLER OR COMMISSIONER OF CHILDREN AND FAMILY SERVICES 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, WHEN ALLOCATED, SHALL BE AVAILABLE TO MAKE GRANTS TO ELIGIBLE NOT-FOR-PROFIT YOUTH SPORTS ORGANIZATIONS. NOT-FOR- PROFIT YOUTH SPORTS ORGANIZATIONS SHALL BE CHOSEN BY THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES FOR SUCH GRANTS BASED ON CRITERIA ESTAB- LISHED BY THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES FOR SUCH PURPOSE. 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES. 5. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. 6. ADDITIONALLY, THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, PRIOR TO, BUT IN NO EVENT LATER THAN, DECEMBER THIRTY-FIRST, IN THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) FINANCIAL REPORTS OF THE GRANTS FUND OPERATIONS ESTABLISHED PURSU- ANT TO THIS SECTION; (B) AN ANALYSIS OF THE GRANTS FUND'S ABILITY TO PROVIDE SUCH YOUTH SPORTS INITIATIVE GRANTS; (C) RECOMMENDATIONS ON THE CONTINUATION OF SUCH GRANTS AND THE NEED FOR FUND EXPANSION, IF APPROPRIATE; (D) PROFILES OF THE GRANT RECIPIENTS; AND S. 4006--B 109 (E) OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER OF EDUCA- TION. 7. (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL KNOWINGLY: (I) MAKE A FALSE STATEMENT OR REPRESENTATION CONCERNING A MATERIAL FACT; (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT; OR (III) CONCEAL A MATERIAL FACT, ON AN APPLICATION TO OBTAIN A GRANT PROVIDED FOR UNDER THIS SECTION. (B) ANY APPLICANT WHO IS FOUND BY THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, AFTER NOTICE AND AN ADMINISTRATIVE HEARING, TO HAVE RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION BASED UPON AN APPLICA- TION WHICH VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS. § 2. This act shall take effect immediately. PART MM Section 1. Paragraphs (d) and (e) of subdivision 1 of section 410-w of the social services law, as amended by section 2 of part L of chapter 56 of the laws of 2022, are amended and a new paragraph (f) is added to read as follows: (d) families with incomes up to two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, who are attending a post secondary educational program; provided, the family income does not exceed eighty-five percent of the state median income; [and] (e) other families with incomes up to two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, which the social services district designates in its consolidated services plan as eligi- ble for child care assistance in accordance with criteria established by the department; provided, the family income does not exceed eighty-five percent of the state median income[.]; AND (F) FAMILIES RECEIVING CHILD CARE ASSISTANCE UNDER A PRESUMPTIVE ELIGIBILITY STANDARD, PURSUANT TO SUBDIVISION THREE-A OF THIS SECTION. § 2. Section 410-w of the social services law is amended by adding a new subdivision 3-a to read as follows: 3-A. (A) A SOCIAL SERVICES DISTRICT SHALL UTILIZE A PRESUMPTIVE ELIGI- BILITY STANDARD TO PROVIDE CHILD CARE ASSISTANCE TO FAMILIES IN NEED. (B) UPON APPLICATION FOR CHILD CARE ASSISTANCE, WITH INCLUDED DOCUMEN- TATION REQUIRED BY A LOCAL SOCIAL SERVICES DISTRICT, A FAMILY SHALL BE PRESUMED ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF THIRTY TO SIXTY DAYS. A LOCAL SOCIAL SERVICES DISTRICT SHALL MAKE ELIGIBILITY DETERMI- NATIONS WITHIN THIRTY TO SIXTY DAYS, TO ENSURE APPLICANTS MEET NECESSARY CRITERIA FOR CONTINUED ASSISTANCE. (C) IF A SOCIAL SERVICES DISTRICT HAS NOT MADE ELIGIBILITY DETERMI- NATIONS AFTER A PERIOD OF THIRTY TO SIXTY DAYS HAS ELAPSED, A FAMILY SHALL CONTINUE TO BE PRESUMED ELIGIBLE FOR ASSISTANCE. FOR ELIGIBILITY DETERMINATIONS MADE AFTER SUCH A PERIOD HAS ELAPSED, THE LOCAL SOCIAL SERVICES DISTRICT SHALL UTILIZE LOCAL FUNDS FOR SUCH ASSISTANCE DURING THE PERIOD OF PRESUMED ELIGIBILITY. (D) IF A FAMILY HAS BEEN DETERMINED TO BE PRESUMPTIVELY ELIGIBLE FOR CHILD CARE ASSISTANCE, PURSUANT TO THIS SUBDIVISION, AND IS SUBSEQUENTLY DETERMINED TO BE INELIGIBLE FOR SUCH ASSISTANCE, THE COMMISSIONER, ON BEHALF OF THE STATE AND THE LOCAL SOCIAL SERVICES DISTRICT SHALL HAVE THE AUTHORITY TO RECOUP FROM THE INDIVIDUAL THE SUMS EXPENDED FOR SUCH ASSISTANCE DURING THE PERIOD OF PRESUMED ELIGIBILITY. S. 4006--B 110 (E) A SOCIAL SERVICES DISTRICT SHALL PROVIDE CHILD CARE ASSISTANCE TO FAMILIES UNDER A PRESUMPTIVE ELIGIBILITY STANDARD, USING CHILD CARE BLOCK GRANT FUNDS, PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF THIS SECTION. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART NN Section 1. The education law is amended by adding a new section 6912 to read as follows: § 6912. CLINICAL EDUCATION IN NEW YORK STATE NURSING EDUCATION PROGRAMS. 1. FOR PURPOSES OF THIS SECTION, "SIMULATION EXPERIENCE" SHALL MEAN PLANNED LEARNING EXPERIENCES THAT REPRESENT ACTUAL OR POTEN- TIAL SITUATIONS IN CLINICAL NURSING PRACTICE AND ADHERE TO THE STANDARDS OF THIS SECTION. SUCH LEARNING EXPERIENCES ALLOW PARTICIPANTS TO DEVELOP OR ENHANCE CLINICAL NURSING COMPETENCIES AND PROVIDE AN OPPORTUNITY TO ANALYZE AND RESPOND TO REALISTIC SITUATIONS IN A SIMULATED ENVIRONMENT. 2. NEW YORK STATE CERTIFICATE AND DEGREE PROGRAMS REGISTERED BY THE DEPARTMENT FOR THE PURPOSES OF MEETING THE EDUCATION REQUIREMENTS SET FORTH IN THIS ARTICLE SHALL INCLUDE CLINICAL EDUCATION, OR THE EQUIV- ALENT AS DEFINED AND DETERMINED BY THE COMMISSIONER PURSUANT TO REGU- LATION. 3. REGISTERED PROGRAMS MAY DELIVER ONE-THIRD OF SUCH CLINICAL TRAINING OR CLINICAL EDUCATION THROUGH SIMULATION EXPERIENCE AS DEFINED IN THIS SECTION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED, HOWEVER, NOTHING IN THIS SECTION SHALL REDUCE THE MINIMUM IN-PERSON OR DIRECT CARE REQUIREMENTS ESTABLISHED BY PROGRAMMATIC ACCREDITORS AND CERTIFYING BODIES. TO MEET A PARTICULAR EDUCATIONAL NEED THE COMMISSION- ER MAY APPROVE THAT MORE THAN ONE-THIRD OF SUCH CLINICAL TRAINING OR CLINICAL EDUCATION MAY BE MET THROUGH SIMULATION EXPERIENCE AS DEFINED IN THIS SECTION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. 4. THE COMMISSIONER SHALL PRESCRIBE IN REGULATION AN EXPEDITED PROCESS FOR PROGRAMS SEEKING A CURRICULAR CHANGE TO IMPLEMENT SIMULATION EXPERI- ENCES. FOR PROGRAMS THAT ARE NOT IN SUBSTANTIAL COMPLIANCE WITH DEPART- MENT PROGRAM REQUIREMENTS, THE DEPARTMENT MAY REQUEST ADDITIONAL INFOR- MATION AND MATERIALS, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT SHALL ACT UPON A PROGRAM'S SUBMISSION TO IMPLEMENT SIMU- LATION EXPERIENCES WITHIN TWENTY BUSINESS DAYS OF RECEIPT OF A COMPLETE AND PROPERLY SUBMITTED FORM. 5. SIMULATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT FOR THE PURPOSES OF CLINICAL TRAINING OR CLINICAL EDUCATION SHALL: (A) BE DESIGNED, GUIDED AND SUPERVISED BY PROGRAM FACULTY AND PROGRAM STAFF WITH APPROPRIATE AND RELEVANT TRAINING, CERTIFICATION OR ACCREDI- TATION, WHO MAY BE ASSISTED OR SUPPORTED BY EXPERTS IN SIMULATION, IN A NURSING SKILLS OR CLINICAL SIMULATION LABORATORY SETTING; (B) INCLUDE CONTINUED PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR PROGRAM FACULTY AND PROGRAM STAFF IN SIMULATION METHODS AND BEST PRAC- TICES; (C) UTILIZE THEORY-BASED, EVIDENCE-BASED, AND STANDARDS-DRIVEN PEDAGO- GY; (D) REQUIRE ACTIVE STUDENT ENGAGEMENT IN GUIDED SKILLS PRACTICE WITH INSTRUCTIONAL FEEDBACK; (E) INCLUDE FORMATIVE AND SUMMATIVE ASSESSMENTS OF WELL-ARTICULATED COMPETENCIES APPROPRIATE TO THE ROLE AND RESPONSIBILITIES OF THE LEAR- NER; S. 4006--B 111 (F) USE VARIOUS TYPES OF FIDELITY THROUGH EQUIPMENT AND PRACTICE TO REPLICATE SUBSTANTIAL ASPECTS OF CLINICAL NURSING PRACTICE AND UTILIZE RELEVANT EQUIPMENT AND TECHNOLOGIES AS APPROPRIATE TO THE DESIRED LEARN- ING OUTCOMES; (G) MAINTAIN CONTINUED COMPLIANCE WITH THE STANDARDS OF PROGRAM REGIS- TRATION; AND (H) RESPOND TO INNOVATIONS OR EMERGING EDUCATIONAL NEEDS, PURSUANT TO REGULATION. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment, and/or repeal of any rule or regulation necessary for the imple- mentation of this act on its effective date are authorized to be made and completed on or before such effective date. PART OO Section 1. Short title. This act shall be known and may be cited as the "special joint legislative commission on affordable housing act". § 2. Legislative findings and intent. The legislature hereby finds and declares that New York State and its localities have made significant investments in the development and preservation of affordable housing in recent years, including the implementation of landmark, statewide spend- ing plans targeting various types of housing and those populations most in need of affordable and supportive options. While the state has made progress toward achieving housing goals, additional initiatives are needed to address affordable housing shortages. The purpose of this commission is to examine the overall effectiveness of existing programs that prioritize housing stability and the preservation and development of affordable housing. This commission will also allow the legislature to hear from a broad array of housing stakeholders in order to identify methods to improve existing programs as well as implement new strategies to increase the supply and production of affordable housing units across the state. § 3. Special joint legislative commission on affordable housing. 1. There is hereby created in the division of housing and community renewal a special joint legislative commission on affordable housing. The commission shall consist of twenty-five members: (a) the chief housing officer of the city of New York, or their designee; (b) eight members to be appointed by the governor including (i) the commissioner of the divi- sion of housing and community renewal, or their designee, (ii) the commissioner of the office of temporary and disability assistance, or their designee, (iii) the superintendent of the department of financial services, or their designee, and (iv) five members with experience work- ing with issues related to affordable housing; (c) eight members to be appointed by the temporary president of the senate including (i) a tenants' rights advocate with experience in providing legal services to tenants, (ii) a representative of building service or construction trades, (iii) a real estate trade association representative, (iv) one member of the New York state senate, and (v) four members with experi- ence working with issues related to affordable housing; (d) eight members to be appointed by the speaker of the assembly including (i) a tenants' rights advocate with experience in providing legal services to tenants, (ii) a representative of building service or construction trades, (iii) a real estate trade association representative, (iv) one member of the New York state assembly, and (v) four members with experi- ence working with issues related to affordable housing. S. 4006--B 112 2. The commissioner of the division of housing and community renewal shall serve, ex officio, as the chair of the commission. A member of the senate appointed to the commission by the temporary president of the senate and a member of the assembly appointed to the commission by the speaker of the assembly shall be designated by each to serve as the co-chairs of the commission. In appointing members to the commission, appointing authorities shall ensure that such members, as a group, represent diverse perspectives relevant to the duties of the commission and shall represent the geographic diversity of the state. 3. The members of the commission shall serve at the pleasure of their appointing authority. Any vacancy that occurs in the commission shall be filled in the same manner in which the original appointment was made. No member of the commission shall be disqualified from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment hereunder, notwith- standing the provisions of any general, special, or local law, ordi- nance, or city charter. 4. The members of the commission, except those who serve ex officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this act but shall receive no addi- tional compensation for services rendered pursuant to this act. 5. The commission, on call of the chair, shall meet in-person or via electronic means at least monthly and at such other times as may be necessary. The commission may establish rules and procedures regarding conduct of its meetings and other affairs. A quorum shall be necessary for the conduct of official business by the commission or any committee or subcommittee thereof. Unless otherwise provided by law, fifty percent or more of the appointed members of the commission or any committee, when applicable, shall constitute a quorum. The commission may estab- lish committees and subcommittees. 6. The division of housing and community renewal shall provide tech- nical assistance and data to the commission as may be necessary for the commission to carry out its responsibilities pursuant to this section. To the maximum extent feasible, the commission shall be entitled to request and receive and shall utilize and be provided with such facili- ties, resources and data of any department, division, board, bureau, committee, agency or public authority of the state or any political subdivision thereof as it may reasonably request to properly carry out its powers and duties pursuant to this act. 7. Appointments to the commission shall be made no later than thirty days after the effective date of this act. 8. Any vacancy in the commission shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment. 9. The commission shall meet not later than thirty days after the date on which a majority of the members of the commission have been appointed. § 4. Definitions. As used in this act, the following terms shall have the following meanings: 1. "Affordable housing" means a dwelling unit that does not cost-bur- den an extremely low income household, a very low income household, a low income household, a moderate income household, or a middle income household, as the case may be. 2. "Low income housing" and "public housing" shall have the same mean- ings given to those terms in 42 U.S.C. 1437a (b). S. 4006--B 113 3. "Commissioner" means the commissioner of the division of housing and community renewal. 4. "Rural" or "rural area" means any open county, or any place, town, village, or city which is not part of or associated with an urban area and which: (a) has a population not in excess of twenty-five hundred residents; (b) has a population in excess of twenty-five hundred residents but not in excess of ten thousand residents if such area is rural in nature; or (c) has a population in excess of ten thousand residents but not in excess of twenty thousand residents, and is not contained within a stan- dard metropolitan statistical area. 5. "Urban" or "urban area" means an area as designated by the United States census bureau having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by state and local officials in cooperation with each other. Such boundaries shall encompass, at a minimum, the entire urban area as designated by the United States census bureau. 6. "Urbanized area" means an area with a population of fifty thousand or more designated by the United States census bureau, within boundaries to be fixed by state and local officials in cooperation with each other. Such boundaries shall encompass, at a minimum, the entire urbanized area as designated by the United States census bureau. 7. "Suburb" or "suburban area" means a mixed-use or residential area, existing either as part of a city or urban area, or as a separate resi- dential community that is not an urban area within commuting distance of a city. 8. "Middle income household" means a household that has an income of more than one hundred twenty percent of the area median income but no more than one hundred sixty percent of the area median income, adjusted for the size of the household, as determined by the United States department of housing and urban development. 9. "Moderate income household" means a household income of more than eighty percent of the area median income but no more than one hundred twenty percent of the area median income, adjusted for the size of the household, as determined by the United States department of housing and urban development. 10. "Low income household" means a household income of more than fifty percent of the area median income but no more than eighty percent of the area median income, adjusted for the size of the household, as deter- mined by the United States department of housing and urban development. 11. "Very low income household" means a household income of more than thirty percent of the area median income but no more than fifty percent of the area median income, adjusted for the size of the household, as determined by the United States department of housing and urban develop- ment. 12. "Extremely low income household" means income not in excess of thirty percent of the area median income, adjusted for the size of the household, as determined by the United States department of housing and urban development. § 5. Duties and responsibilities of the commission. 1. The mission of the commission is to make specific recommendations to the legislature on how to preserve and maintain existing affordable housing, to support the development of new affordable housing in the state of New York, to strengthen and grow diverse and stable communities, and to maximize the S. 4006--B 114 impact of private, state, local and federal resources by ensuring long term affordability. 2. The commission shall: (a) evaluate and measure access to affordable housing for extremely low income, very low income, low income, moderate income, and median income households in urban, rural and suburban areas across the state, including, but not limited to, single family homes with four units or less, multiple residences, multiple dwellings, public housing accommo- dations, and mobile and manufactured homes; (b) evaluate and quantify the costs incurred by other state, and local programs due to a lack of affordable housing; (c) evaluate and make recommendations to the legislature on how to address affordable housing access for higher need populations, including but not limited to people of color, veterans, persons with disabilities, independent seniors, workforce and public servants, single parents and kinship care, and extremely low income households; (d) evaluate and make recommendations to the legislature on how to address affordable housing access across the state, by geography, region, size of localities, and proximity to public transportation; (e) evaluate and make recommendations to the legislature on how to use affordable housing to improve the effectiveness of state, and local programs and improve life outcomes including, but not limited to, great- er income stability, better education and physical and mental health outcomes for adults and children; (f) evaluate and make recommendations to the legislature on how to support the development of more affordable housing, preserve existing affordable housing and how to use affordable housing to improve the effectiveness of state and local programs and improve life outcomes for individuals living in New York; (g) evaluate and make recommendations to the legislature on real prop- erty tax assessments, abatement and exemption incentives to support the development of more affordable housing and preserve existing affordable housing, and homeowner assistance; (h) evaluate and make recommendations to the legislature on eviction protections, stabilizing rents, and the impact short term rentals have on housing vacancy rates; (i) evaluate and make recommendations to the legislature on labor and worker concerns during the construction and post-construction phases of affordable housing development, including wages, work-site safety, and employment protections; (j) evaluate and make recommendations to the legislature on zoning laws and rules and land use restrictions, housing density and accessory dwelling units, vacant property conversions, and transit oriented affordable housing development; (k) evaluate and make recommendations to the legislature on Federal housing and urban development section 8 and section 9 public housing programs, housing assistance vouchers and supplemental payments; (l) evaluate and make recommendations to the legislature on affordable homeownership opportunities, foreclosure prevention, rehabilitation and restoration options, demolition and reconstruction, new construction, and down payment assistance; (m) evaluate and make recommendations to the legislature on fair hous- ing, housing equity and inclusion, and reversing the residual effects of redlining; and S. 4006--B 115 (n) evaluate and make recommendations to the legislature on the conversion of existing vacant or blighted property into affordable or supportive housing. 3. The commission shall utilize any available survey and statistical data related to the purpose of the commission to complete comprehensive reports that evaluate and quantify the impact that a lack of affordable housing has on current conditions and future life outcomes for individ- uals living in New York, including: (a) education; (b) employment; (c) income level; (d) disability, and physical and mental health; (e) nutrition; (f) access to transportation; (g) the poverty level of the neighborhood in which individuals live; (h) geographical location and access to public transportation; (i) regional economic growth; (j) home ownership; (k) neighborhood and rural community stability and revitalization; and (l) other areas of life and future life outcomes related to the purpose of the commission necessary to complete a comprehensive report. 4. The commission may request and shall receive any and all informa- tion from any other state or local agency the commission considers necessary to carry out this act. 5. The commission may hold such hearings, take such testimony and receive such evidence as the commission considers advisable to carry out this act. The commission shall also hold at least one public hearing in the city of New York and two public hearings outside of the city of New York in different regions of the state. 6. Reports and recommendations to the legislature by the commission shall be submitted to the legislature annually, the first report shall be due no later than December 31, 2023. § 6. This act shall take effect immediately and shall expire and be deemed repealed one year after the date on which all members of the commission are first appointed pursuant to section three of this act; provided that the co-chairs of the commission shall jointly notify the legislative bill drafting commission upon the occurrence of such appointments in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART PP Section 1. Legislative intent. The State University of New York ("SUNY") has committed to becoming the most inclusive university system in the country, where all students, faculty, and staff feel welcome and supported. To meet this goal, SUNY must employ, in addition to faculty and staff, leaders at the highest levels who share common experiences and culture with those who comprise the fastest-growing segment of its student population: diverse students who will become the nation's next generation of leaders. SUNY has seen a steady increase of Black students in recent years, reaching nearly 11 percent, or over 42,000 students, in the 2019-2020 academic year. While SUNY continues its efforts to ensure that campus leadership and faculty reflect the students they serve by hiring faculty S. 4006--B 116 who are more representative of the diverse student population at SUNY campuses, the diversity within executive leadership teams on many campuses can be expanded further with support from the legislature. It is, therefore, the intention of the legislature to create a Black Leadership Institute ("the Institute") as an initiative for Black lead- ers in higher education with a mission to retain and grow from within SUNY a greater proportion of Black professionals at SUNY campuses. The Institute shall offer support and foster professional development for candidates for senior leadership roles on SUNY campuses, which will, in turn, create a more diverse SUNY culture that represents New York state and the SUNY student population. The legislature further intends that the Institute would be designed to open doors to executive-level positions and strengthen the Universi- ty's pool of Black leaders. The Institute will identify, develop, and recruit, and ultimately support, retain, and foster the success of Black leaders across the SUNY system. § 2. The education law is amended by adding a new section 362 to read as follows: § 362. BLACK LEADERSHIP INSTITUTE. 1. SUBJECT TO AN APPROPRIATION FOR THIS PURPOSE, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, IN CONSULTATION WITH THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, SHALL CREATE A BLACK LEADERSHIP INSTITUTE WITHIN THE STATE UNIVER- SITY OF NEW YORK TO FOSTER THE SUCCESS OF BLACK LEADERS AT THE UNIVERSI- TY PRESIDENT AND PRESIDENT'S CABINET LEVEL. SUCH INSTITUTE SHALL DEVELOP CANDIDATE IDENTIFICATION AND RECRUITMENT EFFORTS, SEARCH COMMITTEE TRAINING, PROFESSIONAL DEVELOPMENT AND INDIVIDUALIZED SUPPORT MEASURES FOR INSTITUTE PARTICIPANTS, PROFESSIONAL ASSISTANCE PROGRAMMING, SERVICES, RESEARCH AND RESOURCE IDENTIFICATION ACTIVITIES, AND ANY OTHER PROGRAMS DEEMED NECESSARY TO EFFECTUATE THE INTENT OF THIS INSTITUTE. 2. THE CHANCELLOR SHALL APPOINT AN EXECUTIVE DIRECTOR AND AN EIGHT MEMBER ADVISORY COUNCIL, TO PROVIDE GUIDANCE AND ADVICE TO FURTHER THE DEVELOPMENT AND GROWTH OF THE INSTITUTE. THE DIRECTOR AND THE MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE FOR THREE-YEAR TERMS, WITH THE DIRECTOR AND THREE ADVISORY COUNCIL MEMBERS APPOINTED IN THE FIRST YEAR OF THE INSTITUTE'S EXISTENCE, THREE OTHER MEMBERS APPOINTED IN THE SECOND YEAR, AND TWO MEMBERS APPOINTED IN THE THIRD YEAR. THE DIRECTOR AND ADVISORY COUNCIL MEMBERS MAY BE REAPPOINTED AT THE END OF EACH TERM IN THE MANNER OF THE ORIGINAL APPOINTMENT. THE DIRECTOR AND ADVISORY COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR WORK IN CONJUNCTION WITH THE INSTI- TUTE. 3. IN CONSIDERING MEASURES AND PROGRAMMING FOR EFFECTUATING THE PURPOSE OF THE INSTITUTE, THE INSTITUTE SHALL CONSIDER SUCH FACTORS AS PROGRAM COST-EFFECTIVENESS; THE ABILITY OF SUCH PROGRAMS TO OFFER PROGRAMMATICALLY APPROPRIATE, LONG-TERM, TRAINING, AND SUPPORT SERVICES; THE ABILITY OF SUCH PROGRAMS TO ENABLE INDIVIDUALS TO PARTICIPATE IN THE INSTITUTE TO RECEIVE REWARDING TRAINING, SERVICES, AND SUPPORTS; AND CURRENT AND PROJECTED EMPLOYMENT DATA AT CAMPUSES WITHIN THE STATE UNIVERSITY SYSTEM. 4. THE EXECUTIVE DIRECTOR SHALL PREPARE AND PRESENT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE MAJORITY LEADER OF THE SENATE AT THE BEGINNING OF EACH REGULAR SESSION OF THE LEGISLATURE A SEPARATE REPORT COVERING, IN SUMMARY, AND IN DETAIL, ALL PHASES OF ACTIVITY OF THE INSTITUTE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR. § 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. S. 4006--B 117 PART QQ Section 1. Subdivisions 2, 5 and 6 of section 352-a of the education law, as added by section 1 of part F of chapter 83 of the laws of 2002, are amended to read as follows: 2. (a) Maritime college shall have a total of two hundred eighty-four vacancy positions set aside for applicants who are nominated by the governor, a state senator or a member of the assembly. Such vacancy nominations shall increase or decrease based upon the number of senate districts authorized pursuant to article three of the New York state constitution. An applicant who receives such a nomination, is accepted for admission into the college and participates in the regimental program shall receive a [tuition] scholarship equal to the amount of the state tuition charge [after the deduction of any available grant aid] for the four consecutive years following his or her admission into the program provided, however, that the student remains in the regimental/cadet degree program and remains at all times in good academ- ic standing as determined by the maritime college administration. In no event shall a student lose his or her scholarship based upon legislative reapportionment or changes in legislative composition or membership. Nothing herein shall be construed to limit or reduce the number of vacancies available to the general population. (b) To be eligible to receive such nomination and [tuition] scholar- ship, the applicant must be a resident of the state. For purposes of this section, a state resident shall be defined as a person who has resided in the state of New York for a period of at least one year prior to the time of nomination, is a graduate or within one year of gradu- ation from an approved high school or has attained a New York state high school equivalency diploma or its equivalent as determined by the commissioner. 5. The [tuition] scholarships authorized by this section shall be made available so long as funds are made available for such purposes. 6. Any individual receiving a [tuition] scholarship pursuant to this section shall apply for all other available state, federal, or other educational grant aid at the time of enrollment. Any grant aid or finan- cial assistance received shall be utilized to offset the cost of tuition to the maximum extent possible[, except that nothing shall require that aid or assistance received which]. MARITIME ADMISSIONS SCHOLARSHIPS may be used towards EDUCATIONAL costs other than that of tuition [shall be applied toward the cost of tuition]. § 2. This act shall take effect immediately. PART RR Section 1. Subparagraph (ii) of paragraph a of subdivision 3 of section 667 of the education law, as amended by section 1 of part B of chapter 60 of the laws of 2000, is amended to read as follows: (ii) Except for students as noted in subparagraph (iii) of this para- graph, the base amount as determined from subparagraph (i) of this para- graph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction of base amount (A) Less than seven thousand None S. 4006--B 118 dollars (B) Seven thousand dollars or Seven per centum of excess more, but less than eleven over seven thousand dollars thousand dollars (C) Eleven thousand dollars or Two hundred eighty dollars more, but less than eighteen plus ten per centum of excess thousand dollars over eleven thousand dollars (D) Eighteen thousand dollars or Nine hundred eighty dollars more, but not more than [eighty]plus twelve per centum of ONE HUNDRED TEN excess over eighteen thousand dollars thousand dollars § 2. This act shall take effect June 1, 2024. § 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 RR of this act shall be as specifically set forth in the last section of such Parts.
2023-S4006C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4006C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program
2023-S4006C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4006--C A. 3006--C S E N A T E - A S S E M B L Y February 1, 2023 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to providing a state subsidy for the federal community eligibility provision program; to amend the education law, in relation to the number of charters issued; to amend the education law, in relation to actual valuation; to amend the education law, in relation to average daily attendance; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to building aid for metal detec- tors, and safety devices for electrically operated partitions, room dividers and doors; to amend the education law, in relation to academ- ic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to prospective prek- indergarten enrollment reporting; to amend the education law, in relation to guidance on utilizing building aid to support-district operated universal prekindergarten programs; to amend the education law, in relation to universal prekindergarten expansions; to amend the education law, in relation to transitional guidelines and rules; to amend the education law, in relation to extending provisions of the statewide universal full-day pre-kindergarten program; to amend the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-05-3 S. 4006--C 2 A. 3006--C education law, in relation to certain moneys apportioned; to amend the education law, in relation to increasing aid for certain transporta- tion costs; to amend the education law and the public authorities law, in relation to zero emission bus progress reporting; 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 2023-2024 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to extending aid for employment preparation education for certain persons age twenty-one and older; 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 part C of chapter 56 of the laws of 2020 directing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district, in relation to the effectiveness thereof; to amend part C of chapter 57 of the laws of 2004 relating to the support of education, in relation to the effectiveness thereof; directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving funding; providing for special apportion- ment for salary expenses; providing for special apportionment for public pension accruals; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending the school years to which apportionment for salary expenses apply; provides for an accelerated schedule for certain apportionments payable to Mount Vernon city school district; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 498 of the laws of 2011 amending the education law relating to the public library construction grant program, in relation to the effectiveness thereof; to amend chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the education law, in relation to tuition authorization at the state university of New York and the city university of New York (Part B); intentionally omitted (Part C); to amend the education law, in relation to removing the maximum award caps for the liberty partner- ships program (Part D); intentionally omitted (Part E); intentionally omitted (Part F); intentionally omitted (Part G); intentionally omit- ted (Part H); intentionally omitted (Part I); intentionally omitted (Part J); intentionally omitted (Part K); intentionally omitted (Part L); intentionally omitted (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omitted (Part P); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Q); intentionally omitted (Part R); to amend the labor law, in relation to increasing minimum wage requirements and indexing the minimum wage to inflation for certain periods (Part S); inten- tionally omitted (Part T); to amend the social services law, in relation to eligibility for child care assistance; to amend part Z of chapter 56 of the laws of 2021 amending the social services law relat- S. 4006--C 3 A. 3006--C ing to making child care more affordable for low-income families, in relation to the effectiveness thereof; and to repeal certain provisions of the social services law relating thereto (Part U); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, in relation to the effectiveness thereof (Part V); to amend subpart A of chapter 57 of the laws of 2012 amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, and to amend subpart B of part G of chapter 57 of the laws of 2012 amending the social services law, the family court act and the executive law relat- ing to juvenile delinquents, in relation to the effectiveness thereof (Part W); to amend the social services law, in relation to eliminating the requirement for combined education and other work/activity assign- ments, directing approval of certain education and vocational training activities up to two-year post-secondary degree programs and providing for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program, and further providing for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); to amend the social services law, in relation to the replacement of stolen public assistance (Part Y); 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 Z); in relation to requiring the state univer- sity of New York trustees and the city university of New York trus- tees to develop a long-term plan to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part AA); to amend the social services law, in relation to increasing from $300 a month to $725 a month the rent subsidy payable to a foster child living independently (Part BB); to amend chapter 277 of the laws of 2021 amending the labor law relating to the calculation of weekly employment insurance benefits for workers who are partially unem- ployed, in relation to the effectiveness thereof (Part CC); to amend the social services law, in relation to establishing a statewide presumptive eligibility standard for the receipt of child care assist- ance (Part DD); to amend the education law, in relation to eligible recipients of part-time tuition assistance program awards (Part EE); in relation to conducting a study of public and private museums in New York state (Part FF); to amend the county law and the judiciary law, in relation to entitled compensation for client representation (Part GG); to amend the tax law, in relation to eligibility for the empire state child credit (Part HH); to amend the education law, in relation to maritime scholarships at the state university of New York (Part II); to amend the racing, pari-mutuel wagering and breeding law, in relation to the membership of the board of directors of the western regional off-track betting corporation; and providing for the repeal of such provisions upon the expiration thereof (Part JJ); to provide state matching contributions to the endowments of the four university centers of the state university of New York; and providing for the repeal of certain provisions upon expiration thereof (Part KK); to amend the public health law, in relation to authorizing body scanner utilization in the department of corrections and community supervision (Part LL); to amend the vehicle and traffic law, in relation to owner liability for failure of operator to comply with bus operation-related S. 4006--C 4 A. 3006--C local law or regulation traffic restrictions and to the adjudication of certain parking infractions; to amend the public officers law, in relation to access to records prepared pursuant to bus operation-re- lated local law or regulation traffic restrictions; to amend part II of chapter 59 of the laws of 2010, amending the vehicle and traffic law and the public officers law relating to establishing a bus rapid transit demonstration program to restrict the use of bus lanes by means of bus lane photo devices, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expi- ration thereof (Part MM); in relation to directing the Metropolitan Transportation Authority to establish and implement a fare-free bus pilot program within the City of New York (Part NN); to amend the racing, pari-mutuel wagering and breeding law, in relation to the utilization of funds in the Capital region off-track betting corpo- rations' capital acquisition funds (Part OO); to provide for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts; to amend part FFF of chapter 56 of the laws of 2022 provid- ing for the administration of certain funds and accounts related to the 2022-2023 budget, in relation to the effectiveness of certain provisions thereof; to amend the military law, in relation to the deposit of funds for the use of armories; to amend the state finance law, in relation to the rainy day reserve fund; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend chapter 81 of the laws of 2002 relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds & notes; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issu- ance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend part D of chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to increas- ing the amount of authorized matching capital grants; to amend the New York state urban development corporation act, in relation to the nonprofit infrastructure capital investment program; to amend the New York state urban development corporation act, in relation to personal income tax notes for 2024, in relation to authorizing the dormitory authority of the state of New York and the urban development corpo- ration to enter into line of credit facilities for 2024, and in relation to state-supported debt issued during the 2024 fiscal year; to amend the state finance law, in relation to payments of bonds; to S. 4006--C 5 A. 3006--C amend the state finance law, in relation to the mental health services fund; to amend the state finance law, in relation to the issuance of revenue bonds; to amend the New York state urban development corpo- ration act, in relation to permitting the dormitory authority, the New York state urban development corporation, and the thruway authority to issue bonds for the purpose of refunding obligations of the power authority of the state of New York to fund energy efficiency projects at state agencies; to amend the public authorities law, in relation to financing of metropolitan transportation authority (MTA) transporta- tion facilities; and providing for the repeal of certain provisions upon expiration thereof (Part PP); to amend the public authorities law and the public service law, in relation to advancing renewable energy development; establishing the renewable energy access and community help program; and providing funding to help prepare workers for employment in the renewable energy field (Part QQ); to amend the ener- gy law and the executive law, in relation to prohibiting the installa- tion of fossil-fuel equipment and building systems in new construction; and to amend the public authorities law and the public buildings law, in relation to establishing decarbonization action plans for state-owned facilities (Part RR); to amend part LL of chap- ter 58 of the laws of 2019 amending the public authorities law relat- ing to the provision of renewable power and energy by the Power Authority of the State of New York, in relation to the effectiveness thereof (Part SS); to amend the public authorities law and the state finance law, in relation to climate action fund revenues and accounts; and to amend the labor law and the public service law, in relation to certain climate risk-related and energy transition projects (Part TT); to amend the tax law, the cannabis law, the real property actions and proceedings law and the criminal procedure law, in relation to making technical corrections to tax on adult-use cannabis products and enforcement provisions; and providing for the repeal of certain provisions upon the expiration thereof (Part UU); and to amend the criminal procedure law, in relation to setting bail (Subpart A); to amend the criminal procedure law, in relation to excluding certain arrests made without a warrant from certain pretrial proceedings (Subpart B); and to amend the judiciary law, in relation to requiring the chief administrator of the courts to collect data and report on pretrial commitments to local correctional facilities (Subpart C) (Part VV) 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 2023-2024 state fiscal year. Each component is wholly contained within a Part identified as Parts A through VV. 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. 4006--C 6 A. 3006--C PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by chapter 556 of the laws of 2022, 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. 4006--C 7 A. 3006--C 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. 4006--C 8 A. 3006--C amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two thousand twenty-one school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-two--two thousand twenty- three school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twenty-one--two thousand twenty-two school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY- THREE 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-THREE--TWO THOUSAND TWENTY-FOUR 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-- TWO THOUSAND TWENTY-THREE SCHOOL YEAR; provided, however, that, in a city school district in a city having a population of one million or more, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, the contract for excellence shall provide for the expenditure as set forth in subparagraph (v) of para- graph a of subdivision two of this section. For purposes of this para- graph, 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. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph k to read as follows: K. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU- SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE-- TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI- SION ONE OF THIS SECTION PLUS THE GREATER OF (A) THE POSITIVE DIFFER- ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION S. 4006--C 9 A. 3006--C AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. § 3. Intentionally omitted. § 3-a. The education law is amended by adding a new section 925 to read as follows: § 925. COMMUNITY ELIGIBILITY PROVISION STATE SUBSIDY. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THERE- AFTER, FOR EACH BREAKFAST AND LUNCH MEAL THAT IS SERVED AT A SCHOOL PARTICIPATING IN THE FEDERAL COMMUNITY ELIGIBILITY PROVISION PROGRAM AND THAT IS REIMBURSED AT THE FEDERAL REIMBURSEMENT RATE FOR A PAID MEAL, THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD AUTHORITY THE DIFFERENCE BETWEEN (1) THE COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A PAID MEAL FOR THE CURRENT SCHOOL YEAR AND (2) THE COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL EQUAL THE COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR. § 4. Subdivision 9 of section 2852 of the education law is amended by adding a new paragraph (b-1) to read as follows: (B-1) A CHARTER THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, BUT BEFORE JULY FIRST, TWO THOUSAND TWENTY-TWO, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED ONCE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION DIRECT- LY 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. PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION, AND PROVIDED FURTHER THAT NO MORE THAN TWENTY-TWO CHARTERS MAY BE REISSUED PURSUANT TO THIS PARAGRAPH, PROVIDED THAT FOURTEEN OF SUCH REISSUED CHARTERS SHALL BE ALLOCATED FOR, AND SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMIT IN, A CITY HAVING A POPULATION OF ONE MILLION OR MORE ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION. NOTHING HEREIN SHALL BE CONSTRUED TO ALLOW MORE THAN FOUR- TEEN SUCH CHARTERS TO BE REISSUED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. § 4-a. Subdivision 2 of section 2852 of the education law, as amended by section 2 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows: 2. An application for a charter school shall not be approved unless the charter entity finds that: (a) the charter school described in the application meets the require- ments set out in this article and all other applicable laws, rules and regulations; (b) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (c) granting the application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of this article; [and] (d) in a school district where the total enrollment of resident students attending charter schools in the base year is greater than five percent of the total public school enrollment of the school district in the base year (i) granting the application would have a significant educational benefit to the students expected to attend the proposed S. 4006--C 10 A. 3006--C charter school or (ii) the school district in which the charter school will be located consents to such application; AND (E) FOR APPLICANTS FOR AN INITIAL CHARTER PURSUANT TO PARAGRAPH (B-1) OF SUBDIVISION NINE OF THIS SECTION IN A SCHOOL DISTRICT LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE TOTAL ENROLLMENT OF STUDENTS ATTENDING CHARTER SCHOOLS WITHIN THE COMMUNITY DISTRICT IN WHICH THE CHARTER SCHOOL WILL BE LOCATED IN THE BASE YEAR IS LESS THAN OR EQUAL TO FIFTY-FIVE PERCENT OF THE TOTAL PUBLIC SCHOOL ENROLLMENT ATTENDING WITHIN SUCH COMMUNITY DISTRICT IN THE BASE YEAR. § 5. Paragraph c of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: c. "Actual valuation" shall mean the valuation of taxable real proper- ty in a school district obtained by taking the assessed valuation of taxable real property within such district as it appears upon the assessment roll of the town, city, village, or county in which such property is located, for the calendar year two years prior to the calen- dar year in which the base year commenced, after revision as provided by law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION PURSU- ANT TO THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW OR THE RESIDENTIAL REVALUATION EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE LAWS OF TWO THOUSAND TWENTY-ONE, and dividing it by the state equalization rate as determined by the [state board of equalization and assessment] COMMIS- SIONER OF TAXATION AND FINANCE, for the assessment roll of such town, city, village, or county completed during such preceding calendar year. The actual valuation of a central high school district shall be the sum of such valuations of its component districts. Such actual valuation shall include any actual valuation equivalent of payments in lieu of taxes determined pursuant to section four hundred eighty-five of the real property tax law. "Selected actual valuation" shall mean the lesser of actual valuation calculated for aid payable in the current year or the two-year average of the actual valuation calculated for aid payable in the current year and the actual valuation calculated for aid payable in the base year. § 6. Paragraph d of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: d. "Average daily attendance" shall mean the total number of attend- ance days of pupils in a public school of a school district in kinder- garten through grade twelve, or equivalent ungraded programs, plus the total number of instruction days for such pupils receiving homebound instruction including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, divided by the number of days the district school was in session as provided in this section. The attend- ance of pupils with disabilities attending under the provisions of para- graph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily attendance. § 7. Paragraph l of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: l. "Average daily membership" shall mean the possible aggregate attendance of all pupils in attendance in a public school of the school district in kindergarten through grade twelve, or equivalent ungraded S. 4006--C 11 A. 3006--C programs, including possible aggregate attendance for such pupils receiving homebound instruction, including pupils receiving [instruction through a two-way telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre- gate attendance of such pupils in one-half day kindergartens multiplied by one-half, divided by the number of days the district school was in session as provided in this section. The full time equivalent enrollment of pupils with disabilities attending under the provisions of paragraph c of subdivision two of section forty-four hundred one of this chapter shall be added to average daily membership. Average daily membership shall include the equivalent attendance of the school district, as computed pursuant to paragraph d of this subdivision. In any instance where a pupil is a resident of another state or an Indian pupil is a resident of any portion of a reservation located wholly or partly within the borders of the state pursuant to subdivision four of section forty- one hundred one of this chapter or a pupil is living on federally owned land or property, such pupil's possible aggregate attendance shall be counted as part of the possible aggregate attendance of the school district in which such pupil is enrolled. § 8. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 14 of part A of chapter 56 of the laws of 2022, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten [through two thousand twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT- ER each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and enti- tled "SA0910". § 9. Paragraph b of subdivision 6-c of section 3602 of the education law, as amended by section 11 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen [and before the first day of July two thousand twenty-three] such addi- tional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivi- sion six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdi- vision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and S. 4006--C 12 A. 3006--C security cameras, and the approved expenditures shall not exceed such cost allowance. § 10. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 15 of part A of chapter 56 of the laws of 2022, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou- sand [twenty-three] TWENTY-FOUR school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 11. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2022, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY- FOUR school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 12. Section 3602-e of the education law is amended by adding a new subdivision 3 to read as follows: 3. BEGINNING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY- FOUR SCHOOL YEAR, ALL SCHOOL DISTRICTS SHALL ANNUALLY REPORT TO THE COMMISSIONER: (I) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN DISTRICT-OPERATED PREKINDERGARTEN PROGRAMS IN THE CURRENT SCHOOL YEAR; (II) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT S. 4006--C 13 A. 3006--C INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN PREKINDERGARTEN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZATIONS IN THE CURRENT SCHOOL YEAR; (III) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS IN THE CURRENT SCHOOL YEAR THE DISTRICT IS UNABLE TO SERVE DUE TO A LACK OF CAPACITY; (IV) THE REASON FOR THE LACK OF CAPACITY, INCLUDING THE AVAIL- ABILITY OF APPROPRIATE SPACE, FACILITIES, AND STAFF; AND (V) ANY OTHER INFORMATION AVAILABLE TO DISTRICTS AND DETERMINED BY THE COMMISSIONER TO BE NECESSARY TO ACCURATELY ESTIMATE THE UNMET DEMAND FOR FOUR-YEAR-OLD PREKINDERGARTEN PROGRAMS WITHIN A DISTRICT. SCHOOL DISTRICTS THAT ARE ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION OR SECTION THIR- TY-SIX HUNDRED TWO-EE OF THIS PART BUT HAVE NOT CLAIMED THE FULL APPOR- TIONMENT SHALL INCLUDE IN THE REPORT TO THE COMMISSIONER INFORMATION ON BARRIERS TO IMPLEMENTING NEW OR EXPANDING EXISTING UNIVERSAL PREKINDER- GARTEN PROGRAMS DESPITE AVAILABLE FUNDING. SUCH REPORT SHALL BE DUE ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR AND SHALL BE COLLECTED AS PART OF THE APPLICATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. BEGINNING NOVEMBER FIRST, TWO THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE INFORMATION REPORTED BY DISTRICTS. § 12-a. Section 408 of the education law is amended by adding a new subdivision 7 to read as follows: 7. THE COMMISSIONER SHALL ISSUE GUIDANCE INFORMING ALL SCHOOL DISTRICTS OF THE MANNER IN WHICH BUILDING AID MAY BE UTILIZED TO SUPPORT DISTRICT-OPERATED UNIVERSAL PREKINDERGARTEN PROGRAMS PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO-E AND THIRTY-SIX HUNDRED TWO-EE OF THIS CHAPTER. § 13. Subdivision 20 of section 3602-e of the education law is amended by adding a new paragraph b to read as follows: B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN- TY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA- GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI- PLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT. IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE LESS THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE EXPANSION SLOTS SHALL BE ZERO. (III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED" SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF S. 4006--C 14 A. 3006--C SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA- GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE- MENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR GRANTS AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. (IV) FOR PURPOSES OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD- UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN- DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF- DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS (B) THE NUMBER OF PUPILS SERVED IN A CONVERSION SLOT PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5). § 14. Paragraph d of subdivision 12 of section 3602-e of the education law, as amended by section 17-b of part A of chapter 56 of the laws of 2022, is amended to read as follows: d. transitional guidelines and rules which allow a program to meet the required staff qualifications and any other requirements set forth pursuant to this section and regulations adopted by the board of regents and the commissioner; provided that such guidelines include an annual process by which a district may apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or registering agency. Provided, further, that the commissioner shall annually submit a report by [September] NOVEMBER first to the chairperson of the assembly ways and means commit- tee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiv- er pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligible agency that is collaborating with a school district to provide prekindergarten services and licensed by an agency other than the department; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collab- orating with a school district to provide prekindergarten services and S. 4006--C 15 A. 3006--C licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. § 15. Paragraph (c) of subdivision 8 of section 3602-ee of the educa- tion law, as amended by section 17-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: (c) for eligible agencies as defined in paragraph b of subdivision one of section thirty-six hundred two-e of this part that are not schools, a bachelor's degree in early childhood education. Provided however, begin- ning with the two thousand twenty-two--two thousand twenty-three school year, a school district may annually apply to the commissioner by [August] SEPTEMBER first of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborat- ing with a school district to provide prekindergarten services and licensed by an agency other than the department, to meet the staff qual- ifications prescribed by the licensing or registering agency. Provided further that the commissioner shall annually submit a report by [Septem- ber] NOVEMBER first to the chairperson of the assembly ways and means committee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following: (a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year; (b) the number and proportion of students within each district receiving a waiver pursuant to this paragraph for the current school year that are receiving instruction from personnel employed by an eligi- ble agency that is collaborating with a school district to provide prek- indergarten services and licensed by an agency other than the depart- ment; and (c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are employed by an eligible agency that is collaborating with a school district to provide prekin- dergarten services and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or regis- tering agency. § 16. Subdivision 16 of section 3602-ee of the education law, as amended by section 17 of part A of chapter 56 of the laws of 2022, 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-three] TWENTY-FOUR; provided that the program shall continue and remain in full effect. § 17. Intentionally omitted. § 18. The opening paragraph of section 3609-a of the education law, as amended by section 19 of part A of chapter 56 of the laws of 2022, 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] TWENTY-THREE--two thousand [twenty-three] TWENTY-FOUR school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appro- priation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year S. 4006--C 16 A. 3006--C aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivi- sion one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand [twenty-two] TWENTY- THREE--two thousand [twenty-three] TWENTY-FOUR school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA222-3"] "SA232-4". § 18-a. Subdivision 4 of section 3627 of the education law, as amended by section 11-b of part A of chapter 56 of the laws of 2022, is amended to read as follows: 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen school year and thereafter and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be consid- ered approved transportation expenses eligible for transportation aid, provided further that for the two thousand thirteen--two thousand four- teen school year such aid shall be limited to eight million one hundred thousand dollars and for the two thousand fourteen--two thousand fifteen school year such aid shall be limited to the sum of twelve million six hundred thousand dollars plus the base amount and for the two thousand fifteen--two thousand sixteen school year through two thousand eigh- teen--two thousand nineteen school year such aid shall be limited to the sum of eighteen million eight hundred fifty thousand dollars plus the base amount and for the two thousand nineteen--two thousand twenty school year such aid shall be limited to the sum of nineteen million three hundred fifty thousand dollars plus the base amount and for the two thousand twenty--two thousand twenty-one school year such aid shall be limited to the sum of nineteen million eight hundred fifty thousand dollars plus the base amount and for the two thousand twenty-two--two thousand twenty-three school year [and thereafter] such aid shall be limited to the sum of twenty-two million three hundred fifty thousand dollars plus the base amount AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMIT- ED TO THE SUM OF TWENTY-FOUR MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT. For purposes of this subdivision, "base amount" means the amount of transportation aid paid to the school district for expenditures incurred in the two thousand twelve--two thou- S. 4006--C 17 A. 3006--C sand thirteen school year for transportation that would have been eligi- ble for aid pursuant to this section had this section been in effect in such school year, except that subdivision six of this section shall be deemed not to have been in effect. And provided further that the school district shall continue to annually expend for the transportation described in subdivision one of this section at least the expenditures used for the base amount. § 19. Section 3638 of the education law is amended by adding a new subdivision 7 to read as follows: 7. BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, EVERY SCHOOL DISTRICT SHALL ANNUALLY SUBMIT TO THE COMMIS- SIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF ZERO-EMISSION SCHOOL BUSES AS REQUIRED UNDER THIS SECTION IN A FORMAT PRESCRIBED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, (I) SUFFICIENCY OF THE SCHOOL DISTRICT'S ELECTRIC INFRASTRUCTURE TO SUPPORT ANTICIPATED ELECTRICAL NEEDS, (II) THE AVAILABILITY AND INSTALLATION OF CHARGING OR FUELING STATIONS AND OTHER COMPONENTS AND CAPITAL INFRASTRUCTURE REQUIRED TO SUPPORT THE TRANSITION TO AND FULL IMPLEMENTATION OF ZERO-EMISSION SCHOOL BUSES, (III) WHETHER THE WORKFORCE DEVELOPMENT REPORT PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION HAS BEEN CREATED AND IMPLEMENTED, (IV) THE NUMBER AND PROPORTION OF ZERO-EMISSION SCHOOL BUSES THE SCHOOL DISTRICT OR ANY CONTRACTOR PROVIDING TRANSPORTATION SERVICES IS UTILIZING IN THE CURRENT SCHOOL YEAR, AND (V) THE NUMBER AND PROPORTION OF ZERO-EMISSION SCHOOL BUSES PURCHASED OR LEASED BY THE SCHOOL DISTRICT OR ANY CONTRACTOR PROVIDING TRANSPORTATION SERVICES IN THE CURRENT SCHOOL YEAR AND THE TOTAL ANTICIPATED NUMBER FOR THE NEXT TWO YEARS. THE PROGRESS REPORT SHALL BE DUE ON OR BEFORE AUGUST FIRST OF EACH YEAR. BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE TEMPO- RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE PROGRESS OF IMPLEMENTATION OF ZERO-EMISSION SCHOOL BUSES AS REPORTED BY THE SCHOOL DISTRICTS. § 19-a. Subdivision 23 of section 1854 of the public authorities law, as added by section 1 of subpart B of part B of chapter 56 of the laws of 2022, is amended to read as follows: 23. No later than December thirty-first, two thousand [twenty-six] TWENTY-FIVE, and annually thereafter, the authority shall issue a report on the availability of zero-emission school buses and charging or fuel- ing infrastructure that meet the criteria established in subdivision two of section thirty-six hundred thirty-eight of the education law. The authority shall provide technical assistance to school districts, upon request, in pursuing state and federal grants and other funding opportu- nities to support the purchase and contracting requirements set forth in subdivision two of section thirty-six hundred thirty-eight of the educa- tion law. § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 20 of part A of chapter 56 of the laws of 2022, 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 S. 4006--C 18 A. 3006--C percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, [and] reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE- MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR SEVENTEEN DOLLARS AND SEVENTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); for the 2021--2022 school year such contact hours shall not exceed one million four hundred sixteen thousand one hundred twenty-two (1,416,122); [and] for the 2022--2023 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2023--2024 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED SEVENTY-FIVE (1,342,975). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 21. Section 4 of chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for work- er education in New York city, is amended by adding a new subdivision bb to read as follows: BB. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). § 22. Section 6 of chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for work- er education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2022, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed [on] June 30, [2023] 2024. § 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 22-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: S. 4006--C 19 A. 3006--C a-1. Notwithstanding the provisions of paragraph a of this subdivi- sion, for aid payable in the school years two thousand--two thousand one through two thousand nine--two thousand ten, and two thousand eleven-- two thousand twelve through two thousand [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY-FOUR, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appropriated for purposes of this subdivision for the purpose of serving persons twenty-one years of age or older who have not been enrolled in any school for the preceding school year, including persons who have received a high school diploma or high school equivalency diploma but fail to demonstrate basic educational competencies as defined in regulation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment prep- aration education programs operated pursuant to this subdivision. § 23. Intentionally omitted. § 24. Section 12 of chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 24 of part A of chapter 56 of the laws of 2022, 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, 2023 when upon such date the provisions of this act shall be deemed repealed]. § 25. Section 12 of part C of chapter 56 of the laws of 2020 direct- ing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the appor- tionment of aid to such school district, is amended to read as follows: § 12. This act shall take effect immediately, provided, however, that sections two, three, four, five, six, seven, eight, nine and ten of this act shall expire and be deemed repealed June 30, [2023] 2025; and provided further, however that sections one and eleven of this act shall expire and be deemed repealed June 30, 2049. § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws of 2004 relating to the support of education, as amended by section 37 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 11. section seventy-one of this act shall expire and be deemed repealed June 30, [2023] 2028; § 27. 1. The state education department shall conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age programs receiving funding under article 81 and article 89 of the education law and providers operating approved preschool special education programs under section 4410 of the education law. The state education department shall ensure that such study consid- er stakeholder feedback and include, but not be limited to, a compar- ative analysis of rate-setting methodologies utilized by other agencies of the state of New York, including the rate-setting methodology utilized by the office of children and family services for private resi- dential school programs; options and recommendations for an alternative rate-setting methodology or methodologies; cost estimates for such alternative methodologies; and an analysis of current provider tuition rates compared to tuition rates that would be established under such alternative methodologies. 2. At a minimum, any recommended alternative rate-setting methodology or methodologies proposed for such preschool and school-age programs S. 4006--C 20 A. 3006--C shall: (a) be fiscally sustainable for such programs, school districts, counties, and the state; (b) substantially restrict or eliminate tuition rate appeals; (c) establish predictable tuition rates that are calcu- lated based on standardized parameters and criteria, including, but not limited to, defined program and staffing models, regional costs, and minimum required enrollment levels as a percentage of program operating capacities; (d) include a schedule to phase in new tuition rates in accordance with the recommended methodology or methodologies; and (e) ensure tuition rates for all programs can be calculated no later than the beginning of each school year. 3. The state education department shall present its recommendations and analysis to the governor, the director of the division of the budg- et, the temporary president of the senate, the speaker of the assembly, the chairperson of the senate finance committee, and the chairperson of the assembly ways and means committee no later than July 1, 2025. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 28. Intentionally omitted. § 29. Special apportionment for salary expenses. 1. 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 2024 and not later than the last day of the third full business week of June 2024, 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, 2024, for salary expenses incurred between April 1 and June 30, 2023 and such apportionment shall not exceed the sum of (a) 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 (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 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 (d) 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 (e) 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. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the S. 4006--C 21 A. 3006--C 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. 3. 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 1 and 2 of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 30. Special apportionment for public pension accruals. 1. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2024, 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, 2024 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 1 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. 3. 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 1 and 2 of this section shall first be deducted from the S. 4006--C 22 A. 3006--C following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery appor- tionment payable pursuant to subparagraph 2 of such paragraph followed by the fixed fall payments payable pursuant to subparagraph 4 of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph 1 of such paragraph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 30-a of part A of chapter 56 of the laws of 2022, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2022-23] 2023-24 school year, four million dollars ($4,000,000); for the [2023-24] 2024-25 school year, three million dollars ($3,000,000); for the [2024-25] 2025-26 school year, two million dollars ($2,000,000); for the [2025-26] 2026-27 school year, one million dollars ($1,000,000); and for the [2026-27] 2027-28 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. § 30-b. Certain apportionments payable to the Mount Vernon city school district shall be paid on an accelerated schedule as follows: a. (1) Notwithstanding any other provisions of law, for aid payable in the school years 2022-2023 through 2051-2052 upon application to the commissioner of education submitted not sooner than the second Monday in June of the school year in which such aid is payable and not later than the Friday following the third Monday in June of the school year in which such aid is payable, or ten days after the effective date of this act, whichever shall be later, the Mount Vernon city school district shall be eligible to receive an apportionment pursuant to this act in an amount up to the product of five million dollars ($5,000,000) and the quotient of the positive difference of thirty minus the number of school years elapsed since the 2022-2023 school year divided by thirty. (2) Funds apportioned pursuant to this subdivision shall be used for services and expenses of the Mount Vernon city school district and shall be applied to support of its educational programs and any liability incurred by such city school district in carrying out its functions and responsibilities under the education law. b. The claim for an apportionment to be paid to the Mount Vernon city 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 and that the school district has complied with the reporting requirements of this act. For S. 4006--C 23 A. 3006--C each school year in which application is made pursuant to subdivision a of this section, such approved amount shall be payable on or before June thirtieth of such school year upon 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 appropriated for general support of public schools and from the general fund to the extent that the amount paid to the Mount Vernon city school district pursuant to this subdivision and subdivision a of this section exceeds the amount of the lottery apportionment, if any, due such school district pursuant to subparagraph 2 of paragraph a of subdivision 1 of section 3609-a of the education law on or before September first of such school year. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to the Mount Vernon city school district during the base year pursuant to subdivisions a and b of this section shall first be deducted from payments due during the current school year pursuant to subparagraphs 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 any remainder to be deducted from the individualized payments due to the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. d. Notwithstanding any other provisions of law, the sum of payments made to the Mount Vernon city school district during the base year pursuant to subdivisions a and b of this section plus payments made to such school district during the current year pursuant to section 3609-a of the education law shall be deemed to truly represent all aids paid to such school district during the current school year pursuant to such section 3609-a for the purposes of computing any adjustments to such aids that may occur in a subsequent school year. e. (1) On or before the first day of each month beginning in July 2023 and ending in June 2053, the chief fiscal officer and the superintendent of schools of the Mount Vernon city school district shall prepare and submit to the board of education a report of the fiscal condition of the school district, including but not limited to the most current available data on fund balances on funds maintained by the school district and the district's use of the apportionments provided pursuant to subdivisions a and b of this section. (2) Such monthly report shall be in a format prescribed by the commis- sioner of education. The board of education shall either reject and return the report to the chief fiscal officer and the superintendent of schools for appropriate revisions and resubmittal or shall approve the report and submit copies to the commissioner of education and the state comptroller of such approved report as submitted or resubmitted. (3) In the 2022-2023 through 2051-2052 school years, the chief fiscal officer of the Mount Vernon city school district shall monitor all budg- ets and for each budget, shall prepare a quarterly report of summarized budget data depicting overall trends of actual revenues and budget expenditures for the entire budget as well as individual line items. Such report shall compare revenue estimates and appropriations as set forth in such budget with the actual revenues and expenditures made to date. All quarterly reports shall be accompanied by a recommendation from the superintendent of schools or chief fiscal officer to the board of education setting forth any remedial actions necessary to resolve any S. 4006--C 24 A. 3006--C unfavorable budget variance including the overestimation of revenue and underestimation of appropriations. The chief fiscal officer shall also prepare, as part of such report, a quarterly trial balance of general ledger accounts in accordance with generally accepted accounting princi- ples as prescribed by the state comptroller. All reports shall be completed within sixty days after the end of each quarter and shall be submitted to the chief fiscal officer and the board of education of the Mount Vernon city school district, the state division of budget, the office of the state comptroller, the commissioner of education, the chair of the assembly ways and means committee and the chair of the senate finance committee. § 31. 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: 1. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2023--2024 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) 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. S. 4006--C 25 A. 3006--C 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this subdivision, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2023--2024 school year, and for any city school district in a city having a population of more than one million, the set-aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2023--2024 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. 4. For the purpose of teacher support for the 2023--2024 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 32. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2023 enacting the aid to localities budget shall be apportioned for the 2023-2024 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 such 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 2023-2024 by a chapter of the laws of 2023 enacting the aid to localities budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the S. 4006--C 26 A. 3006--C director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to ensure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 32-a. Section 2 of chapter 498 of the laws of 2011 amending the education law relating to the public library construction grant program, as amended by chapter 192 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law and shall expire and be deemed repealed March 31, [2023] 2026. § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, is amended to read as follows: (2) Notwithstanding any other provisions of law, for aid payable in the 2002-03 through [2022-23] 2027-28 school years, an amount equal to twenty million dollars ($20,000,000) of general support for public schools otherwise due and payable to the Rochester city school district on or before September first of the applicable school year shall be for an entitlement period ending the immediately preceding June thirtieth. § 34. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 35. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2023, provided, however, that: 1. Sections one, two, three-a, five, eight, nine, ten, eleven, four- teen, fifteen, sixteen, eighteen, eighteen-a, twenty-two, thirty-one, and thirty-three of this act shall take effect July 1, 2023; 2. Section twelve of this act shall expire and be deemed repealed June 30, 2026; 3. Section nineteen of this act shall expire and be deemed repealed June 30, 2036; and 4. The amendments to chapter 756 of the laws of 1992 relating to fund- ing a program for work force education conducted by a consortium for worker education in New York city made by sections twenty and twenty-one of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. Paragraph h of subdivision 2 of section 355 of the educa- tion law is amended by adding a new subparagraph (4-a-1) to read as follows: (4-A-1) NOTWITHSTANDING ANY LAW, RULE, REGULATION OR PRACTICE TO THE CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY ANNU- ALLY IMPOSE DIFFERENTIAL TUITION RATES ON NON-RESIDENT UNDERGRADUATE AND S. 4006--C 27 A. 3006--C GRADUATE RATES OF TUITION FOR STATE-OPERATED INSTITUTIONS FOR A THREE YEAR PERIOD COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FIVE-- TWO THOUSAND TWENTY-SIX ACADEMIC YEAR, PROVIDED THAT SUCH RATES ARE COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER INSTITUTIONS AND THAT THE BOARD OF TRUSTEES ANNUALLY PROVIDE THE REASON AND METHODOLOGY BEHIND ANY RATE INCREASE TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY PRIOR TO THE APPROVAL OF SUCH INCREASES. § 2. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) NOTWITHSTANDING ANY LAW, RULE, REGULATION OR PRACTICE TO THE CONTRARY, COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FIVE-- TWO THOUSAND TWENTY-SIX ACADEMIC YEAR, FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE CITY UNIVERSITY OR HIS OR HER DESIG- NEE, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO ANNUALLY IMPOSE DIFFERENTIAL TUITION RATES ON NON-RESIDENT UNDERGRADUATE AND GRADUATE RATES OF TUITION FOR SENIOR COLLEGES, PROVIDED THAT SUCH RATES ARE COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER INSTITUTIONS AND THAT THE BOARD OF TRUSTEES ANNUALLY PROVIDE THE REASON AND METHODOLOGY BEHIND ANY RATE INCREASE TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY PRIOR TO THE APPROVAL OF SUCH INCREASES. § 3. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 669 of the laws of 2022, is amended to read as follows: (a) (I) 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. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition 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. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant noncitizen within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no great- er than that imposed for students who are residents of the state if such student: S. 4006--C 28 A. 3006--C [(i)] (1) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attendance at an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or [(ii)] (2) attended an approved New York state program for general equivalency diploma exam preparation, received a general equivalency diploma issued within New York state and applied for attendance at an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or [(iii)] (3) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institu- tion or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. (II) NOTWITHSTANDING ANY LAW, RULE, REGULATION OR PRACTICE TO THE CONTRARY, COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FIVE-- TWO THOUSAND TWENTY-SIX ACADEMIC YEAR, FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE CITY UNIVERSITY OR HIS OR HER DESIG- NEE, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO ANNUALLY IMPOSE DIFFERENTIAL TUITION RATES ON NON-RESIDENT UNDERGRADUATE AND GRADUATE RATES OF TUITION FOR SENIOR COLLEGES, PROVIDED THAT SUCH RATES ARE COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER INSTITUTIONS AND THAT THE BOARD OF TRUSTEES ANNUALLY PROVIDE THE REASON AND METHODOLOGY BEHIND ANY RATE INCREASE TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY PRIOR TO THE APPROVAL OF SUCH INCREASES. § 4. This act shall take effect immediately; provided however the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 16 of chapter 260 of the laws of 2011 as amended, when upon such date the provisions of section three of this act shall take effect. PART C Intentionally Omitted S. 4006--C 29 A. 3006--C PART D Section 1. Paragraphs b and c of subdivision 4 of section 612 of the education law, as added by chapter 425 of the laws of 1988, are amended to read as follows: [b. A grant to a recipient of an award under this section shall not exceed the amount of three hundred thousand dollars for any grant year, provided that a recipient may receive a grant in excess of such amount at the rate of twelve hundred fifty dollars for each student, in excess of two hundred forty students, who is provided compensatory and support services by the recipient during such grant year. c.] B. The grant recipients shall provide students at public and nonpublic schools the opportunity to receive compensatory and support services in an equitable manner consistent with the number and need of the children in such schools. § 2. This act shall take effect immediately. PART E Intentionally Omitted PART F Intentionally Omitted PART G Intentionally Omitted PART H Intentionally Omitted PART I Intentionally Omitted PART J Intentionally Omitted PART K Intentionally Omitted PART L Intentionally Omitted S. 4006--C 30 A. 3006--C PART M Intentionally Omitted PART N Intentionally Omitted PART O Intentionally Omitted PART P Intentionally Omitted PART Q 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 $17,633,000 for the fiscal year ending March 31, 2024. Within this total amount, $250,000 shall be used for the purpose of entering into a contract with the neighborhood preservation coalition to provide technical assistance and services to companies funded pursuant to article 16 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed $17,633,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 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, 2023. § 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 $7,557,000 for the fiscal year ending March 31, 2024. Within this total amount, $250,000 shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to companies funded pursuant to article 17 of the private housing finance law. Notwithstanding any S. 4006--C 31 A. 3006--C 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 $7,557,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 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, 2023. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $21,710,000 for the fiscal year ending March 31, 2024. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $21,710,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating, as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than June 30, 2023. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $50,781,000 for the fiscal year ending March 31, 2024. 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 housing and assistance corporation, a total S. 4006--C 32 A. 3006--C sum not to exceed $50,781,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2022-2023 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practi- cable but no later than March 31, 2024. § 5. This act shall take effect immediately. PART R Intentionally Omitted PART S Section 1. Paragraph (c) of subdivision 1 of section 652 of the labor law, as added by section 1 of part K of chapter 54 of the laws of 2016, is amended to read as follows: (c) Remainder of state. Every employer shall pay to each of its employees for each hour worked outside of the city of New York and the counties of Nassau, Suffolk, and Westchester, a wage of not less than: $9.70 on and after December 31, 2016, $10.40 on and after December 31, 2017, $11.10 on and after December 31, 2018, $11.80 on and after December 31, 2019, $12.50 on and after December 31, 2020, and on each following December thirty-first UP TO AND UNTIL DECEMBER 31, 2022, a wage published by the commissioner on or before October first, based on the then current minimum wage increased by a percentage determined by the director of the budget in consultation with the commissioner, with the result rounded to the nearest five cents, total- ing no more than fifteen dollars, where the percentage increase shall be based on indices including, but not limited to, (i) the rate of inflation for the most recent twelve month period ending June of that year based on the consumer price index for all urban consumers on a national and seasonally unadjusted basis (CPI-U), or a successor index as calculated by the United States department of labor, (ii) the rate of state personal income growth for the prior calendar year, or a successor index, published by the bureau of economic analysis of the United States department of commerce, or (iii) wage growth; or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section 206 or its successors or such other wage as may be established in accordance with the provisions of this article. § 2. Section 652 of the labor law is amended by adding two new subdi- visions 1-a and 1-b to read as follows: 1-A. ANNUAL MINIMUM WAGE FROM JANUARY 1, 2024 TO DECEMBER 31, 2026. S. 4006--C 33 A. 3006--C (A) NEW YORK CITY. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER REGARDLESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK A WAGE OF NOT LESS THAN: $16.00 ON AND AFTER JANUARY 1, 2024, $16.50 ON AND AFTER JANUARY 1, 2025, $17.00 ON AND AFTER JANUARY 1, 2026, OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. (B) REMAINDER OF DOWNSTATE. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF NOT LESS THAN: $16.00 ON AND AFTER JANUARY 1, 2024, $16.50 ON AND AFTER JANUARY 1, 2025, $17.00 ON AND AFTER JANUARY 1, 2026, OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. (C) REMAINDER OF STATE. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED OUTSIDE THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF NOT LESS THAN: $15.00 ON AND AFTER JANUARY 1, 2024, $15.50 ON AND AFTER JANUARY 1, 2025, $16.00 ON AND AFTER JANUARY 1, 2026, OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 1-B. ANNUAL MINIMUM WAGE INCREASE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN. (A) NEW YORK CITY. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY EMPLOYER REGARDLESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUAL- LY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETER- MINED BY INCREASING THE THEN CURRENT YEAR'S MINIMUM WAGE RATE BY THE RATE OF CHANGE IN THE AVERAGE OF THE THREE MOST RECENT CONSECUTIVE TWELVE-MONTH PERIODS BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY, EACH OVER THEIR PRECEDING TWELVE-MONTH PERIODS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, WITH THE RESULT ROUNDED TO THE NEAREST FIVE CENTS. (B) REMAINDER OF DOWNSTATE. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE THEN CURRENT YEAR'S MINIMUM WAGE RATE BY THE RATE OF CHANGE IN THE AVERAGE OF THE THREE MOST RECENT CONSECUTIVE TWELVE-MONTH PERIODS BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY, EACH OVER THEIR PRECEDING TWELVE-MONTH PERIODS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR THE NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, WITH THE RESULT ROUNDED TO THE NEAREST FIVE CENTS. S. 4006--C 34 A. 3006--C (C) REMAINDER OF STATE. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWEN- TY-SEVEN, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINI- MUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE THEN CURRENT YEAR'S MINIMUM WAGE RATE BY THE RATE OF CHANGE IN THE AVERAGE OF THE THREE MOST RECENT CONSECUTIVE TWELVE-MONTH PERIODS BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY, EACH OVER THEIR PRECEDING TWELVE-MONTH PERIODS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, WITH THE RESULT ROUNDED TO THE NEAR- EST FIVE CENTS. (D) EXCEPTIONS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN AND THEREAFTER, NOTWITHSTANDING PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVI- SION, THERE SHALL BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE FOR THE FOLLOWING YEAR IF ANY OF THE FOLLOWING CONDITIONS ARE MET, PROVIDED, HOWEVER, THAT SUCH EXCEPTION SHALL BE LIMITED TO NO MORE THAN TWO CONSECUTIVE YEARS: (I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR THE NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W), OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, IS NEGATIVE; (II) THE THREE-MONTH MOVING AVERAGE OF THE SEASONALLY ADJUSTED NEW YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE OF LABOR UNDERUTILIZATION FOR THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR RISES BY ONE-HALF PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI- OUS TWELVE MONTHS; OR (III) SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY- MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART- MENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK STATE IN JANUARY. (E) THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES NO LATER THAN THE FIRST OF OCTOBER OF EACH YEAR TO TAKE EFFECT ON THE FOLLOWING FIRST DAY OF JANUARY. § 3. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi- sion 2 as amended by chapter 38 of the laws of 1990, the opening para- graph of subdivision 2 as amended by section 6 of part II of chapter 58 of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of part K of chapter 54 of the laws of 2016, are amended to read as follows: 2. Existing wage orders. The minimum wage orders in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article; provided, however, that the minimum wage order for farm workers codified at part one hundred ninety of title twelve of the New York code of rules and regulations in effect on January first, two thousand twenty shall be deemed to be a wage order established and adopted under this article and S. 4006--C 35 A. 3006--C shall remain in full force and effect except as modified in accordance with the provisions of this article or article nineteen-A of this chap- ter. Such minimum wage orders shall be modified by the commissioner to increase all monetary amounts specified therein in the same proportion as the increase in the hourly minimum wage as provided in [subdivision] SUBDIVISIONS one, ONE-A, AND ONE-B of this section, including the amounts specified in such minimum wage orders as allowances for gratui- ties, and when furnished by the employer to its employees, for meals, lodging, apparel and other such items, services and facilities. All amounts so modified shall be rounded off to the nearest five cents. The modified orders shall be promulgated by the commissioner without a public hearing, and without reference to a wage board, and shall become effective on the effective date of such increases in the minimum wage except as otherwise provided in this subdivision, notwithstanding any other provision of this article. 4. Notwithstanding subdivisions one, ONE-A, ONE-B, and two of this section, the wage for an employee who is a food service worker receiving tips shall be a cash wage of at least two-thirds of the minimum wage rates set forth in subdivision one of this section, rounded to the near- est five cents or seven dollars and fifty cents, whichever is higher, provided that the tips of such an employee, when added to such cash wage, are equal to or exceed the minimum wage in effect pursuant to [subdivision] SUBDIVISIONS one, ONE-A, AND ONE-B of this section and provided further that no other cash wage is established pursuant to section six hundred fifty-three of this article. 5. Notwithstanding subdivisions one, ONE-A, ONE-B, and two of this section, meal and lodging allowances for a food service worker receiving a cash wage pursuant to subdivision four of this section shall not increase more than two-thirds of the increase required by subdivision two of this section as applied to state wage orders in effect pursuant to [subdivision] SUBDIVISIONS one, ONE-A, AND ONE-B of this section. § 4. This act shall take effect immediately. PART T Intentionally Omitted PART U Section 1. Subdivision 2 of section 410-u of the social services law, as amended by section 1 of part L of chapter 56 of the laws of 2022, is amended to read as follows: 2. The state block grant for child care shall be divided into two parts pursuant to a plan developed by the department and approved by the director of the budget. One part shall be retained by the state to provide child care on a statewide basis to special groups and for activ- ities to increase the availability and/or quality of child care programs, including, but not limited to, the start-up of child care programs, the operation of child care resource and referral programs, training activities, the regulation and monitoring of child care programs, the development of computerized data systems, and consumer education, provided however, that child care resource and referral programs funded under title five-B of article six of this chapter shall meet additional performance standards developed by the department of S. 4006--C 36 A. 3006--C social services including but not limited to: increasing the number of child care placements for persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income, with emphasis on placements supporting local efforts in meeting federal and state work participation requirements, increasing technical assistance to all modalities of legal child care to persons who are at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income, including the provision of training to assist providers in meeting child care standards or regu- latory requirements, and creating new child care opportunities, and assisting social services districts in assessing and responding to child care needs for persons at or below [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, provided such persons are at or below] eighty-five percent of the state median income. The department shall have the authority to withhold funds from those agen- cies which do not meet performance standards. Agencies whose funds are withheld may have funds restored upon achieving performance standards. The other part shall be allocated to social services districts to provide child care assistance to families receiving family assistance and to other low income families. § 2. Subdivisions 1 and 3 of section 410-w of the social services law, subdivision 1 as amended by section 2 of part L of chapter 56 of the laws of 2022, and subdivision 3 as amended by chapter 70 of the laws of 2023, are amended to read as follows: 1. A social services district may use the funds allocated to it from the block grant to provide child care assistance to: (a) families receiving public assistance when such child care assist- ance is necessary: to enable a parent or caretaker relative to engage in work, participate in work activities or perform a community service pursuant to title nine-B of article five of this chapter; to enable a teenage parent to attend high school or other equivalent training program; because the parent or caretaker relative is physically or mentally incapacitated; or because family duties away from home necessi- tate the parent or caretaker relative's absence; child day care shall be provided during breaks in activities[, for a period of up to two weeks]. Such child day care [may] SHALL be authorized [for a period of up to one month if child care arrangements shall be lost if not continued, and the program or employment is scheduled to begin within such period] FOR THE PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT; (b) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME who are attempting through work activities to transition off of public assistance when such child care is necessary in order to enable a parent or caretaker relative to engage in work provided such families' public assistance has been terminated as a result of increased hours of or income from employment or increased income from child support payments or the family voluntarily ended assistance; provided that the family received public assistance at least three of the six months preceding the month in which eligibility for such assistance terminated or ended or provided that such family has S. 4006--C 37 A. 3006--C received child care assistance under subdivision four of this section[; and provided, the family income does not exceed eighty-five percent of the state median income]; (c) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, which are determined in accordance with the regulations of the department to be at risk of becoming dependent on family assistance[; provided, the family income does not exceed eighty- five percent of the state median income]; (d) families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, who are attending a post secondary educational program[; provided, the family income does not exceed eighty-five percent of the state median income]; and (e) other families with incomes up to [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two, which the social services district designates in its consolidated services plan as eligible for child care assistance] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME in accordance with criteria established by the depart- ment[; provided, the family income does not exceed eighty-five percent of the state median income]. 3. A social services district shall guarantee child care assistance to families in receipt of public assistance with children under thirteen years of age when such child care assistance is necessary for a parent or caretaker relative to engage in work or participate in work activ- ities pursuant to the provisions of title nine-B of article five of this chapter. Child care assistance shall continue to be guaranteed for such a family for a period of twelve months or, upon approval by the office, may be provided by a social services district for a period up to twen- ty-four months, after the month in which the family's eligibility for public assistance has terminated or ended when such child care is neces- sary in order to enable the parent or caretaker relative to engage in work, provided that the family's public assistance has been terminated as a result of an increase in the hours of or income from employment or increased income from child support payments or because the family voluntarily ended assistance; that the family received public assistance in at least three of the six months preceding the month in which eligi- bility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section; AND that the family's income does not exceed [two hundred percent of the state income standard, or three hundred percent of the state income standard effective August first, two thousand twenty-two; and that the family income does not exceed] eighty-five percent of the state median income. Such child day care shall recognize the need for continuity of care for the child and a district shall not move a child from an existing provider unless the participant consents to such move. § 3. Paragraph (a) of subdivision 2 of section 410-x of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) [A social services district] THE OFFICE OF CHILDREN AND FAMILY SERVICES may establish priorities for the families which will be eligi- ble to receive funding; provided that the priorities provide that eligi- ble families will receive equitable access to child care assistance S. 4006--C 38 A. 3006--C funds to the extent that these funds are available. THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SHALL ENSURE THAT FAMILIES IN RECEIPT OF CHILD CARE ASSISTANCE AS OF SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-THREE WHO WERE IDENTIFIED AS A PRIORITY POPULATION UNDER A LOCAL SOCIAL SERVICES DISTRICT'S CONSOLIDATED SERVICES PLAN SHALL CONTINUE TO BE ELIGIBLE FOR SUCH ASSISTANCE, PROVIDED THEY MEET ALL OTHER APPLICABLE ELIGIBILITY REQUIREMENTS FOR SUCH ASSISTANCE. § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the social services law are REPEALED. § 5. Section 410-x of the social services law is amended by adding a new subdivision 9 to read as follows: 9. REIMBURSEMENT FOR PAYMENT ON BEHALF OF CHILDREN WHO ARE TEMPORARILY ABSENT FROM CHILD CARE SHALL BE PAID FOR UP TO EIGHTY DAYS PER YEAR. REIMBURSEMENT FOR ADDITIONAL ABSENCES MAY BE ALLOWABLE IN THE CASE OF EXTENUATING CIRCUMSTANCES, AS DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. § 6. Subdivision 8 of section 410-w of the social services law, as amended by section 1 of part Z of chapter 56 of the laws of 2021, is amended to read as follows: 8. Notwithstanding any other provision of law, rule or regulations to the contrary, a social services district that implements a plan amend- ment to the child care portion of its child and family services plan, either as part of an annual plan update, or through a separate plan amendment process, where such amendment reduces eligibility for, or increases the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed for open cases, shall provide all families whose eligibility for child care assistance or family share percentage will be impacted by such action with at least thirty days prior written notice of the action. Provided, however, that a family receiving assistance pursuant to this title shall not be required to contribute more than [ten] ONE percent of their income exceeding the federal poverty level. § 7. Subdivision 6 of section 410-x of the social services law, as amended by section 2 of part Z of chapter 56 of the laws of 2021, is amended to read as follows: 6. Pursuant to department regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay; provided, however, that a family receiving assistance pursuant to this title shall not be required to contribute more than [ten] ONE percent of their income exceeding the federal poverty level. § 8. Subdivision 10 of section 410-w of the social services law, as added by section 2 of part L of chapter 56 of the laws of 2022, is amended to read as follows: 10. For the purposes of this [section] TITLE, the term "state median income" means the most recent state median income data published by the bureau of the census, for a family of the same size, updated by the department for a family size of four and adjusted by the department for family size. § 9. Section 3 of part Z of chapter 56 of the laws of 2021 amending the social services law relating to making child care more affordable for low-income families, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed three years after such date]. S. 4006--C 39 A. 3006--C § 10. This act shall take effect October 1, 2023. The office of chil- dren and family services is hereby authorized to promulgate such rules and regulations as may be necessary, including on an emergency basis, to implement the provisions of this act. PART V Section 1. Section 3 of part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, as amended by section 1 of part M of chapter 56 of the laws of 2022, is amended to read as follows: § 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2023] 2024; provided however that the amend- ments 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, 2023. PART W Section 1. Section 11 of subpart A of part G of chapter 57 of the laws of 2012, amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, as amended by section 2 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 11. This act shall take effect April 1, 2012 and shall expire on March 31, [2023] 2028 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; provided, however, upon the repeal of this act, a social services district that has custody of a juvenile delinquent pursuant to an approved juvenile justice services close to home initiative shall retain custody of such juvenile delinquent until custody may be legally transferred in an orderly fashion to the office of children and family services. § 2. Section 7 of subpart B of part G of chapter 57 of the laws of 2012, amending the social services law, the family court act and the executive law relating to juvenile delinquents, as amended by section 3 of part G of chapter 56 of the laws of 2018, is amended to read as follows: § 7. This act shall take effect April 1, 2012 and shall expire on March 31, [2023] 2028 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized and directed to be made and completed on or before such effective date. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2023. PART X S. 4006--C 40 A. 3006--C Section 1. Subdivision 1 of section 336-a of the social services law, as amended by chapter 275 of the laws of 2017, is amended to read as follows: 1. Social services districts shall make available vocational educa- tional training and educational activities. Such activities may include but need not be limited to, high school education or education designed to prepare a participant for a high school equivalency certificate, basic and remedial education, education in English proficiency, educa- tion or a course of instruction in financial literacy and personal finance that includes instruction on household cash management tech- niques, career advice to obtain a well paying and secure job, using checking and savings accounts, obtaining and utilizing short and long term credit, securing a loan or other long term financing arrangement for high cost items, participation in a higher education course of instruction or trade school, and no more than a total of four years of post-secondary education (or the part-time equivalent). Educational activities pursuant to this section may be offered with any of the following providers which meet the performance or assessment standards established in regulations by the commissioner for such providers: a community college, licensed trade school, registered business school, or a two-year or four-year college; provided, however, that such post-sec- ondary education must be necessary to the attainment of the partic- ipant's individual employment goal as set forth in the employability plan and such goal must relate directly to obtaining useful employment [in a recognized occupation]. When making [any] AN assignment to any educational activity pursuant to this subdivision, such assignment shall be permitted only to the extent that such assignment is consistent with the individual's assessment and employment plan goals in accordance with sections three hundred thirty-five and three hundred thirty-five-a of this title and shall require that the individual maintains satisfactory academic progress and hourly participation is documented consistent with federal and state requirements. For purposes of this provision "satis- factory academic progress" shall mean having a cumulative C average, or its equivalent, as determined by the academic institution. The require- ment to maintain satisfactory academic progress may be waived if done so by the academic institution and the social services district based on undue hardship caused by an event such as a personal injury or illness of the student, the death of a relative of the student or other exten- uating circumstances. [Any enrollment in post-secondary education beyond a twelve month period must be combined with no less than twenty hours of participation averaged weekly in paid employment or work activities or community service when paid employment is not available.] PARTICIPATION IN AN EDUCATIONAL AND/OR VOCATIONAL TRAINING PROGRAM, THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, A TWO-YEAR POST-SECONDARY DEGREE PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID- UAL EMPLOYMENT GOAL AND IS LIKELY TO LEAD TO A DEGREE OR CERTIFICATION AND SUSTAINED EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH INDI- VIDUAL'S ASSESSMENT AND EMPLOYABILITY PLAN TO THE EXTENT THAT SUCH APPROVAL DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH FEDERAL WORK PARTICIPATION RATES, AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. § 2. Paragraph (a) of subdivision 8 of section 131-a of the social services law is amended by adding two new subparagraphs (xii) and (xiii) to read as follows: (XII) ALL OF THE EARNED INCOME OF A RECIPIENT OF PUBLIC ASSISTANCE THAT IS DERIVED FROM PARTICIPATION IN A QUALIFIED WORK ACTIVITY OR S. 4006--C 41 A. 3006--C TRAINING PROGRAM AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT ALREADY BEEN DISREGARDED PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, PROVIDED THAT THE RECIPIENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. (XIII) ONCE DURING THE LIFETIME OF A RECIPIENT OF PUBLIC ASSISTANCE, ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC ASSISTANCE ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE MONTHS FROM THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE RECIPI- ENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. IN THE EVENT A RECIPIENT MOVES FROM ONE TO ANOTH- ER SOCIAL SERVICES DISTRICT, THIS DISREGARD SHALL FOLLOW THE RECIPIENT. § 3. This act shall take effect on the two hundred fortieth day after it shall have become a law. PART Y Section 1. The social services law is amended by adding a new section 152-d to read as follows: § 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE. 1. NOTWITHSTANDING SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE, AND IN ACCORDANCE WITH THIS SECTION, PUBLIC ASSISTANCE RECIPIENTS SHALL RECEIVE REPLACEMENT ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST- ENT WITH GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE. THIS PROTOCOL WILL BE ADMINISTERED BY SOCIAL SERVICES DISTRICTS PURSUANT TO GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. 3. SOCIAL SERVICES DISTRICTS SHALL PROMPTLY REPLACE STOLEN PUBLIC ASSISTANCE, HOWEVER, SUCH REPLACEMENT SHALL OCCUR NO LATER THAN FIVE BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC ASSISTANCE WAS STOLEN IN ACCORDANCE WITH GUIDANCE ESTABLISHED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE CONSISTENT WITH FEDERAL AND STATE LAWS, REGULATIONS AND GUIDANCE, PROVIDED, HOWEVER, THAT SOCIAL SERVICES DISTRICTS SHALL NOT ASK RECIPIENTS TO OBTAIN A POLICE REPORT OR REQUIRE ANY OTHER INTERACTION WITH LAW ENFORCEMENT UNLESS REQUIRED BY FEDERAL LAW, REGULATION, OR GUIDANCE FOR EITHER PUBLIC ASSISTANCE OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS. 4. FOR PUBLIC ASSISTANCE THAT IS VERIFIED AS STOLEN, REPLACEMENT ASSISTANCE SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD- ANCE WITH THIS SECTION AS FOLLOWS: (A) THE LESSER OF: (I) THE AMOUNT OF PUBLIC ASSISTANCE THAT WAS STOLEN; OR (II) THE AMOUNT OF PUBLIC ASSISTANCE EQUAL TO TWO MONTHS OF THE MONTHLY ALLOTMENT OF THE HOUSEHOLD IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE PUBLIC ASSISTANCE WAS STOLEN; PROVIDED, HOWEVER, THE COMMISSIONER MAY PROMULGATE REGULATIONS FOR THE PROVISION OF ADDITIONAL REPLACEMENT ASSISTANCE IN EXTENUATING CIRCUMSTANCES CONSISTENT WITH FEDERAL AND STATE LAWS, REGULATIONS AND GUIDANCE; AND (B)(I) NO MORE THAN TWICE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO S. 4006--C 42 A. 3006--C THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II) NO MORE THAN ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR. 5. ANY REPLACEMENT ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTI- CLE THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS LATER DETERMINED THAT THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN- TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES. § 2. This act shall take effect immediately. PART Z 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$161.00] $175.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (b) in the case of each individual receiving residential care, an amount equal to at least [$186.00] $202.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY-THREE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$222.00] $241.00 for each month beginning on or after January first, two thousand [twenty-two] TWENTY- THREE. (d) for the period commencing January first, two thousand [twenty- three] TWENTY-FOUR, 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-three] TWENTY-FOUR, but prior to June thirtieth, two thousand [twenty-three] TWENTY-FOUR, 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 S of chapter 56 of the laws of 2022, are amended to read as follows: (a) On and after January first, two thousand [twenty-two] TWENTY- THREE, for an eligible individual living alone, [$928.00] $1,001.00; and for an eligible couple living alone, [$1,365.00] $1,475.00. (b) On and after January first, two thousand [twenty-two] TWENTY-THREE, for an eligible individual living with others with or without in-kind income, [$864.00] $937.00; and for an eligible couple living with others with or without in-kind income, [$1,307.00] $1,417.00. (c) On and after January first, two thousand [twenty-two]TWENTY-THREE, (i) for an eligible individual receiving family care, [$1,107.48] $1,180.48 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the S. 4006--C 43 A. 3006--C county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- ble individual receiving such care in any other county in the state, [$1,069.48] $1,142.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [twenty-two] TWENTY-THREE, (i) for an eligible individual receiving residential care, [$1,276.00] $1,349.00 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, [$1,246.00] $1,319.00; 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-two] TWENTY-THREE, (i) for an eligible individual receiving enhanced residen- tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (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-three] TWEN- TY-FOUR but prior to June thirtieth, two thousand [twenty-three] TWEN- TY-FOUR. § 3. This act shall take effect December 31, 2023. PART AA Section 1. 1. The state university of New York trustees shall develop a long-term plan to address the impact fluctuations in student enroll- ment have on the academic and financial sustainability of state-operated institutions and community colleges. Such plan shall include, but not be limited to, projected student enrollments, an assessment of degree and credential offerings, initiatives to attract and retain students and faculty from diverse demographics, and any research benchmarks. The plan shall also include how the state university of New York trustees plan to stabilize the finances of all campuses and leverage each campus's strengths to improve its long-term success. The state universi- ty of New York trustees shall submit such plan to the governor, the temporary president of the senate, and the speaker of the assembly on or before January 1, 2024. 2. The city university of New York trustees shall develop a long-term plan to address the impact fluctuations in student enrollment have on the academic and financial sustainability of senior colleges and commu- nity colleges. Such plan shall include, but not be limited to, projected student enrollments, an assessment of degree and credential offerings, initiatives to attract and retain students and faculty from diverse demographics, and any research benchmarks. The plan shall also include how the city university of New York trustees plan to stabilize the finances of all campuses and leverage each campus's strengths to improve its long-term success. The city university of New York trustees shall S. 4006--C 44 A. 3006--C submit such plan to the governor, the temporary president of the senate, and the speaker of the assembly on or before January 1, 2024. § 2. This act shall take effect immediately. PART BB Section 1. Paragraph (c) of subdivision 5 of section 409-a of the social services law, as amended by chapter 624 of the laws of 2019, is amended to read as follows: (c) Notwithstanding any other provision of this section, where a social services official determines that a lack of adequate housing is the primary factor preventing the discharge of a child or children from foster care including, but not limited to, children with the goal of discharge to independent living, preventive services shall include, in addition to any other payments or benefits received by the family, special cash grants in the form of rent subsidies, including rent arrears, or any other assistance, sufficient to obtain adequate housing. Such rent subsidies or assistance shall not exceed the sum of [three] SEVEN hundred TWENTY-FIVE dollars per month, shall not be provided for a period of more than three years, and shall be considered a special grant. Nothing in this paragraph shall be construed to limit the ability of those using such rent subsidy to live with roommates. The provisions of this paragraph shall not be construed to limit such official's authority to provide other preventive services. § 2. Subdivision 7 of section 409-a of the social services law, as amended by chapter 624 of the laws of 2019, is amended to read as follows: 7. Notwithstanding any other provision of this section, if a social services official determines that a lack of adequate housing is a factor that may cause the entry of a child or children into foster care and the family has at least one service need other than lack of adequate hous- ing, preventive services may include, in addition to any other payments or benefits received by the family, special cash grants in the form of rent subsidies, including rent arrears, or any other assistance, suffi- cient to obtain adequate housing. Such rent subsidies or assistance shall not exceed the sum of [three] SEVEN hundred TWENTY-FIVE dollars per month, shall not be provided for a period of more than three years, and shall be considered a special grant. Nothing in this subdivision shall be construed to limit the ability of those using such rent subsidy to live with roommates. The provisions of this paragraph shall not be construed to limit such official's authority to provide other preventive services. § 3. This act shall take effect January 1, 2024. PART CC Section 1. Section 33 of chapter 277 of the laws of 2021 amending the labor law relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed, as amended by section 1 of part JJ of chapter 56 of the laws of 2022, is amended to read as follows: § 33. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that sections one through thirty of this act shall take effect on THE FIRST MONDAY AFTER April 1, [2023] 2024 or thirty days after the commissioner of labor certifies that the department of labor has an information technology system capable of S. 4006--C 45 A. 3006--C accommodating the amendments in this act, whichever occurs earlier, AND SHALL BE APPLICABLE TO ALL CLAIMS FILED AND PAYMENTS MADE AFTER SUCH DATE; provided that section thirty-one of this act shall take effect on the thirtieth day after it shall have become a law and shall be applica- ble to new claims on such date and thereafter and shall be deemed repealed on the same date as the remaining provisions of this act take effect. In a manner consistent with the provisions of this section, the commissioner of labor shall notify the legislative bill drafting commis- sion upon issuing his or her certification in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law, and provided further that the amendments to subdivision 1 of section 591 of the labor law made by section twelve of this act shall be subject to the expiration and reversion of such subdi- vision pursuant to section 10 of chapter 413 of the laws of 2003, as amended, when upon such date the provisions of section thirteen of this act shall take effect; provided further that the amendments to section 591-a of the labor law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed there- with. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART DD Section 1. Section 410-w of the social services law is amended by adding a new subdivision 3-a to read as follows: 3-A. A LOCAL SOCIAL SERVICES DISTRICT MAY, UPON NOTIFICATION TO THE OFFICE, UTILIZE A PRESUMPTIVE ELIGIBILITY STANDARD TO PROVIDE CHILD CARE ASSISTANCE, IN ACCORDANCE WITH THIS SUBDIVISION. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ISSUE GUIDANCE REGARDING THE PRELIMINARY ELIGIBILITY CRITERIA TO BE USED BY LOCAL SOCIAL SERVICES DISTRICTS UTILIZING A PRESUMPTIVE ELIGIBILITY STANDARD. (A) A LOCAL SOCIAL SERVICES DISTRICT OPTING TO UTILIZE A PRESUMPTIVE ELIGIBILITY STANDARD, SHALL, UPON RECEIPT OF AN APPLICATION FOR CHILD CARE ASSISTANCE, INCLUDING ALL COMPLETED DOCUMENTATION REQUIRED BY THE DISTRICT, COMPLETE A PRELIMINARY ELIGIBILITY DETERMINATION. (B) IF THE FAMILY MEETS THE PRELIMINARY ELIGIBILITY CRITERIA, THE FAMILY SHALL BE PRESUMED ELIGIBLE FOR CHILD CARE ASSISTANCE FOR THE PERIOD FROM THE DATE OF THE APPLICATION TO THE DATE OF THE FINAL ELIGI- BILITY DETERMINATION. (C) IF, UPON FINAL DETERMINATION, A FAMILY IS DETERMINED TO BE ELIGI- BLE FOR CHILD CARE ASSISTANCE UNDER SUBDIVISION ONE OR FOUR OF THIS SECTION, THE SOCIAL SERVICES DISTRICT MAY UTILIZE CHILD CARE BLOCK GRANT FUNDS FOR THE PRESUMPTIVE ELIGIBILITY PERIOD. (D) IF, UPON FINAL DETERMINATION, A FAMILY IS DETERMINED TO BE INELI- GIBLE FOR CHILD CARE ASSISTANCE UNDER SUBDIVISION ONE OR FOUR OF THIS SECTION, THE SOCIAL SERVICES DISTRICT MUST UTILIZE LOCAL FUNDS FOR THE PRESUMPTIVE ELIGIBILITY PERIOD. (E) IF, UPON FINAL DETERMINATION, THE APPLICATION FOR CHILD CARE SERVICES IS DENIED, THE SOCIAL SERVICES DISTRICT SHALL SEND WRITTEN NOTICE TO THE APPLICANT OF THE DETERMINATION OF INELIGIBILITY AND OF THE APPLICANT'S RIGHT TO A FAIR HEARING IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE. S. 4006--C 46 A. 3006--C § 2. This act shall take effect one year after it shall have become a law. PART EE Section 1. Paragraph b of subdivision 1 and subparagraph (ii) of para- graph b of subdivision 2 of section 667-c of the education law, para- graph b of subdivision 1 as amended and subparagraph (ii) of paragraph b of subdivision 2 as added by section 1 of part E of chapter 56 of the laws of 2022, are amended to read as follows: b. part-time students enrolled at a community college OR A PUBLIC AGRICULTURAL AND TECHNICAL COLLEGE in a non-degree workforce credential program directly leading to the employment or advancement of a student in a "significant industry" as identified by the department of labor in its three most recent statewide significant industries reports published preceding the student's enrollment in such non-degree workforce creden- tial program. The state university of New York and the city university of New York shall publish and maintain a master list of all eligible non-degree workforce credential program courses and update such list every semester. ELIGIBLE NON-DEGREE WORKFORCE CREDENTIAL PROGRAMS SHALL INCLUDE THOSE PROGRAMS LESS THAN TWELVE SEMESTER HOURS, OR THE EQUIV- ALENT, PER SEMESTER. A student who successfully completes a non-degree workforce credential program and receives part-time tuition assistance program awards pursuant to this paragraph shall be awarded academic credit by the state university of New York or city university of New York upon matriculation into a degree program at such institution, provided that such credit shall be equal to the corresponding credit hours earned in the non-degree workforce credential program. (ii) is enrolled in an approved non-degree workforce credential program at a community college OR A PUBLIC AGRICULTURAL AND TECHNICAL COLLEGE pursuant to paragraph b of subdivision one of this section. § 2. This act shall take effect immediately. PART FF Section 1. The department of economic development, in conjunction with the empire state development corporation, the department of education, the office of parks, recreation and historic preservation, the depart- ment of environmental conservation, the department of state, and the New York state council on the arts, is hereby directed to conduct a compre- hensive study on public and private museums in the state. Such study shall include, but not be limited to: 1. taking a census of public and private museums in the state, includ- ing information on the size, hours of operation, visitor statistics, funding sources and amounts, and the subjects of the museums' collections, of the many museums throughout the state. 2. identifying the benefits, shortfalls and consequences of the different sources of support museums receive publicly and those they must find privately. 3. providing information and recommendations so as to inform the legislature of the adequacy of public and private sources of the funding for museums in the state and to serve current and future funding needs, recommend systems of support to best ensure equitable distribution of such funds, regardless of discipline, budget size, or location, and the continued accessibility and availability of museums promoting a general interest in cultural and historical topics, fine arts, physical and S. 4006--C 47 A. 3006--C natural sciences, technology, engineering and mathematics, and to deter- mine the feasibility of a single reporting system that includes active oversight. § 2. A report of the findings of such study, recommendations, and any proposed legislation necessary to implement such recommendations shall be filed with the governor, the temporary president of the senate, and the speaker of the assembly within one year after the effective date of this act. § 3. This act shall take effect immediately. PART GG Section 1. Section 722-b of the county law, as amended by section 2 of part J of chapter 62 of the laws of 2003, is amended to read as follows: § 722-b. Compensation and reimbursement for representation. 1. All counsel assigned in accordance with a plan of a bar association conform- ing to the requirements of section seven hundred twenty-two of this article whereby the services of private counsel are rotated and coordi- nated by an administrator shall at the conclusion of the representation receive[: (a) for representation of a person entitled to representation by law who is initially charged with a misdemeanor or lesser offense and no felony, compensation for such misdemeanor or lesser offense represen- tation at a rate of sixty dollars per hour for time expended in court or before a magistrate, judge or justice, and sixty dollars per hour for time reasonably expended out of court, and shall receive reimbursement for expenses reasonably incurred; and (b)] for representation of a person in all [other] cases governed by this article, including all representation in an appellate court, compensation at a rate of [seventy-five] ONE HUNDRED FIFTY-EIGHT dollars per hour for time expended in court before a magistrate, judge or justice and [seventy-five] ONE HUNDRED FIFTY-EIGHT dollars per hour for time reasonably expended out of court, and shall receive reimbursement for expenses reasonably incurred. 2. Except as provided in SUBDIVISION THREE OF this section, compen- sation for time expended in providing representation[: (a)] pursuant to [paragraph (a) of] subdivision one of this section shall not exceed [two] TEN thousand [four hundred] dollars[; and (b) pursuant to paragraph (b) of subdivision one of this section shall not exceed four thousand four hundred dollars]. 3. For representation on an appeal, compensation and reimbursement shall be fixed by the appellate court. For all other representation, compensation and reimbursement shall be fixed by the trial court judge. In extraordinary circumstances a trial or appellate court may provide for compensation in excess of the foregoing limits and for payment of compensation and reimbursement for expenses before the completion of the representation. 4. Each claim for compensation and reimbursement shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for or received in the same case from any other source. No counsel assigned hereunder shall seek or accept any fee for representing the party for whom he or she is assigned without approval of the court as herein provided. § 2. Section 722-c of the county law, as amended by section 3 of part J of chapter 62 of the laws of 2003, is amended to read as follows: S. 4006--C 48 A. 3006--C § 722-c. Services other than counsel. Upon a finding in an ex parte proceeding that investigative, expert or other services are necessary and that the defendant or other person described in section two hundred forty-nine or section two hundred sixty-two of the family court act, article six-C of the correction law or section four hundred seven of the surrogate's court procedure act, is financially unable to obtain them, the court shall authorize counsel, whether or not assigned in accordance with a plan, to obtain the services on behalf of the defendant or such other person. The court upon a finding that timely procurement of neces- sary services could not await prior authorization may authorize the services nunc pro tunc. The court shall determine reasonable compen- sation for the services and direct payment to the person who rendered them or to the person entitled to reimbursement. Only in extraordinary circumstances may the court provide for compensation in excess of [one] THREE thousand dollars per investigative, expert or other service provider. Each claim for compensation shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for or received in the same case from any other source. § 3. Subdivisions 3 and 4 of section 35 of the judiciary law, subdivi- sion 3 as amended by section 5 of part J of chapter 62 of the laws of 2003, and subdivision 4 as amended by chapter 706 of the laws of 1975 and as renumbered by chapter 315 of the laws of 1985, are amended to read as follows: 3. A. No counsel assigned pursuant to this section shall seek or accept any fee for representing the person for whom he or she is assigned without approval of the court as herein provided. Whenever it appears that such person is financially able to obtain counsel or make partial payment for the representation, counsel may report this fact to the court and the court may terminate the assignment or authorize payment, as the interests of justice may dictate, to such counsel. Coun- sel assigned hereunder shall at the conclusion of the representation receive compensation at a rate of [seventy-five] ONE HUNDRED FIFTY-EIGHT dollars per hour for time expended in court, and [seventy-five] ONE HUNDRED FIFTY-EIGHT dollars per hour for time reasonably expended out of court, and shall receive reimbursement for expenses reasonably incurred. B. For representation upon a hearing, compensation and reimbursement shall be fixed by the court wherein the hearing was held and such compensation shall not exceed [four] TEN thousand [four hundred] dollars. For representation in an appellate court, compensation and reimbursement shall be fixed by such court and such compensation shall not exceed [four] TEN thousand [four hundred] dollars. In extraordinary circumstances the court may provide for compensation in excess of the foregoing limits. 4. In any proceeding described in paragraph [(a)] A of subdivision one of this section, when a person is alleged to be mentally ill, mentally defective or a narcotic addict, the court which ordered the hearing may appoint no more than two psychiatrists, certified psychologists or physicians to examine and testify at the hearing upon the condition of such person. A psychiatrist, psychologist or physician so appointed shall, upon completion of [his] THEIR services, receive reimbursement for expenses reasonably incurred and reasonable compensation for such services, to be fixed by the court. Such compensation shall not exceed [two hundred] THREE THOUSAND dollars [if one psychiatrist, psychologist or physician is appointed, or an aggregate sum of three hundred dollars S. 4006--C 49 A. 3006--C if two psychiatrists, psychologists or physicians are appointed], except that in extraordinary circumstances the court may provide for compen- sation in excess of the foregoing limits. § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. Effective immediately, the addition, amendment, and/or repeal of any rule or regu- lation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART HH Section 1. Paragraph 1 of subsection (c-1) of section 606 of the tax law, as amended by section 1 of part P of chapter 59 of the laws of 2018, is amended to read as follows: (1) A resident taxpayer shall be allowed a credit as provided herein equal to the greater of one hundred dollars times the number of qualify- ing children of the taxpayer or the applicable percentage of the child tax credit allowed the taxpayer under section twenty-four of the inter- nal revenue code for the same taxable year for each qualifying child. Provided, however, in the case of a taxpayer whose federal adjusted gross income exceeds the applicable threshold amount set forth by section 24(b)(2) of the Internal Revenue Code, the credit shall only be equal to the applicable percentage of the child tax credit allowed the taxpayer under section 24 of the Internal Revenue Code for each qualify- ing child. For the purposes of this subsection, a qualifying child shall be a child who meets the definition of qualified child under section 24(c) of the internal revenue code [and is at least four years of age]. The applicable percentage shall be thirty-three percent. For purposes of this subsection, any reference to section 24 of the Internal Revenue Code shall be a reference to such section as it existed immediately prior to the enactment of Public Law 115-97. § 2. This act shall take effect immediately and shall apply to taxable years beginning on or after January 1, 2023. PART II Section 1. Subdivisions 2, 5 and 6 of section 352-a of the education law, as added by section 1 of part F of chapter 83 of the laws of 2002, are amended to read as follows: 2. (a) Maritime college shall have a total of two hundred eighty-four vacancy positions set aside for applicants who are nominated by the governor, a state senator or a member of the assembly. Such vacancy nominations shall increase or decrease based upon the number of senate districts authorized pursuant to article three of the New York state constitution. An applicant who receives such a nomination, is accepted for admission into the college and participates in the regimental program shall receive a [tuition] scholarship equal to the amount of the state tuition charge after the deduction of any available grant aid for the four consecutive years following his or her admission into the program provided, however, that the student remains in the regimental/cadet degree program and remains at all times in good academ- ic standing as determined by the maritime college administration. In no event shall a student lose his or her scholarship based upon legislative reapportionment or changes in legislative composition or membership. S. 4006--C 50 A. 3006--C Nothing herein shall be construed to limit or reduce the number of vacancies available to the general population. (b) To be eligible to receive such nomination and [tuition] scholar- ship, the applicant must be a resident of the state. For purposes of this section, a state resident shall be defined as a person who has resided in the state of New York for a period of at least one year prior to the time of nomination, is a graduate or within one year of gradu- ation from an approved high school or has attained a New York state high school equivalency diploma or its equivalent as determined by the commissioner. 5. The [tuition] scholarships authorized by this section shall be made available so long as funds are made available for such purposes. 6. Any individual receiving a [tuition] scholarship pursuant to this section shall apply for all other available state, federal, or other educational grant aid at the time of enrollment. Any grant aid or finan- cial assistance received shall be utilized to offset the cost of tuition AND THE "SUMMER SEA TERM" to the maximum extent possible, except that nothing shall require that aid or assistance received which may be used towards costs other than that of tuition shall be applied toward the cost of tuition. § 2. This act shall take effect immediately. PART JJ Section 1. The racing, pari-mutuel wagering and breeding law is amended by adding a new section 502-a to read as follows: § 502-A. SPECIAL PROVISIONS WITH REGARD TO THE WESTERN REGIONAL OFF- TRACK BETTING CORPORATION. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, ON THE EFFECTIVE DATE OF THIS SECTION THE APPOINTMENTS OF ALL MEMBERS OF THE WESTERN REGIONAL OFF-TRACK BETTING CORPORATION APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ARE DEEMED TERMI- NATED, AND EACH SUCH VACANT BOARD POSITION SHALL BE REPLACED WITH THE NEW APPOINTMENTS MADE PURSUANT TO THIS SECTION. 2. THE WESTERN REGIONAL OFF-TRACK BETTING CORPORATION BOARD OF DIREC- TORS SHALL BE COMPOSED OF SEVENTEEN MEMBERS, ONE EACH TO REPRESENT EACH PARTICIPATING COUNTY WITHIN THE WESTERN OFF-TRACK BETTING REGION, AND ONE EACH TO REPRESENT THE CITY OF ROCHESTER AND THE CITY OF BUFFALO. EACH CITY REPRESENTATIVE SHALL BE APPOINTED BY THE MAYOR OF THE CITY SUCH MEMBER REPRESENTS, AND EACH COUNTY REPRESENTATIVE SHALL BE APPOINTED BY THE COUNTY EXECUTIVE OF THE COUNTY SUCH MEMBER REPRESENTS; PROVIDED HOWEVER, IN THE CASE OF A COUNTY THAT DOES NOT HAVE A COUNTY EXECUTIVE, SUCH COUNTY'S BOARD OF SUPERVISORS SHALL APPOINT SUCH COUN- TY'S REPRESENTATIVE. 3. NO ACTION SHALL BE TAKEN BY THE CORPORATION EXCEPT PURSUANT TO THE FAVORABLE VOTE OF FIFTY-ONE PERCENT OF THE TOTAL AUTHORIZED VOTING STRENGTH OF THE BOARD OF DIRECTORS. THE TOTAL AUTHORIZED VOTING STRENGTH OF THE BOARD OF DIRECTORS SHALL BE THE SUM TOTAL OF THE VOTES SPECIFIED IN SUBDIVISIONS FOUR AND SEVEN OF THIS SECTION. 4. THE REPRESENTATIVES OF EACH OF THE PARTICIPATING COUNTIES AND CITIES SHALL EACH HAVE THE FOLLOWING NUMBER OF VOTES: THE REPRESENTATIVE OF THE COUNTY OF NIAGARA SHALL HAVE EIGHT VOTES, THE REPRESENTATIVE OF THE COUNTY OF CHAUTAUQUA SHALL HAVE FIVE VOTES, THE REPRESENTATIVE OF THE COUNTY OF OSWEGO SHALL HAVE FOUR VOTES, THE REPRESENTATIVE OF THE COUNTY OF STEUBEN SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF THE COUNTY OF WAYNE SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF THE COUNTY OF CATTARAUGUS SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF THE COUNTY S. 4006--C 51 A. 3006--C OF CAYUGA SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF THE COUNTY OF LIVINGSTON SHALL HAVE TWO VOTES, THE REPRESENTATIVE OF THE COUNTY OF GENESEE SHALL HAVE TWO VOTES, THE REPRESENTATIVE OF THE COUNTY OF WYOM- ING SHALL HAVE ONE VOTE, THE REPRESENTATIVE OF THE COUNTY OF ORLEANS SHALL HAVE ONE VOTE, THE REPRESENTATIVE OF THE COUNTY OF SENECA SHALL HAVE ONE VOTE, THE REPRESENTATIVE OF THE COUNTY OF SCHUYLER SHALL HAVE ONE VOTE, THE REPRESENTATIVE OF THE COUNTY OF ERIE SHALL HAVE TWENTY- FOUR VOTES, THE REPRESENTATIVE OF THE COUNTY OF MONROE SHALL HAVE TWENTY VOTES, THE REPRESENTATIVE OF THE CITY OF BUFFALO SHALL HAVE TEN VOTES, AND THE REPRESENTATIVE OF THE CITY OF ROCHESTER SHALL HAVE EIGHT VOTES. 5. EACH MEMBER OF THE CORPORATION APPOINTED PURSUANT TO THIS SECTION SHALL BE APPOINTED FOR A TERM OF FOUR YEARS; PROVIDED HOWEVER, THAT A MEMBER'S TERM SHALL NOT BE TERMINATED EXCEPT FOR GOOD CAUSE SHOWN. 6. MEMBERS REPRESENTING A MAJORITY OF THE TOTAL VOTING STRENGTH OF THE BOARD OF DIRECTORS THEN IN OFFICE SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OF THE CORPO- RATION. EXCEPT AS OTHERWISE SPECIFIED IN THIS SECTION, FOR THE TRANS- ACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OF THE CORPORATION, THE CORPORATION SHALL HAVE THE POWER TO ACT BY A MAJORITY VOTE OF THE TOTAL VOTING STRENGTH PRESENT AT ANY MEETING AT WHICH A QUORUM IS IN ATTENDANCE. 7. THE MEMBERS OF THE BOARD OF DIRECTORS SHALL ELECT FROM THEIR MEMBERSHIP, BY A MAJORITY VOTE OF THE TOTAL VOTING STRENGTH OF THE BOARD OF DIRECTORS, A CHAIRPERSON. SUCH CHAIRPERSON SHALL SERVE AS CHAIRPERSON FOR THE DURATION OF THEIR TERM ON THE BOARD OF DIRECTORS, OR UNTIL SUCH CHAIRPERSON'S RESIGNATION OR UPON REMOVAL BY A MAJORITY VOTE OF THE TOTAL VOTING STRENGTH OF THE BOARD OF DIRECTORS. IN ADDITION TO SUCH CHAIRPERSON'S VOTING STRENGTH POSSESSED BY VIRTUE OF SUCH CHAIRPERSON'S REPRESENTATION OF A MUNICIPALITY WHICH IS A MEMBER OF THE BOARD, SUCH CHAIRPERSON SHALL ALSO HAVE ONE ADDITIONAL VOTE. § 2. This act shall take effect immediately; provided, however, that effective immediately, cities and counties may take any action necessary to begin the selection and appointment process for new board member terms pursuant to this act; and provided further, that upon selection of new board members, cities and counties shall notify the corporation of their respective appointments via certified mail; and provided further, that this act shall expire and be deemed repealed four years after such effective date. PART KK Section 1. The state shall make available an amount equal to the $500,000,000 appropriated by a chapter of the laws of 2023 enacting the fiscal year 2023-2024 state operations budget for state matching contributions to the endowments of the four university centers of the state university of New York as defined in section 352 of the education law. Such matching contributions shall provide one dollar of state matching funds for every two dollars of new private donations contrib- uted to the endowments of the foundations of the university centers at Albany, Binghamton, Buffalo, and Stony Brook, not to exceed $500,000,000 in total state matching contributions. § 2. Payment of such state matching contributions shall be pursuant to a plan developed by the state university of New York and approved by the director of the budget. Such plan at a minimum shall: (i) require annual reporting on the allocation of state matching contributions and an accounting of private donations to the university center foundations S. 4006--C 52 A. 3006--C secured for state matching contributions; (ii) require use of such matching contributions to support the employment of faculty members, student financial aid, grants for research and development, and/or any other program or function that supports university center operations; and (iii) align with student needs, programmatic needs, and the diversi- ty, equity, and inclusion activities of the state university of New York. § 3. As a condition of eligibility for such state matching contrib- utions, each university center foundation shall be required to have a contract with its respective university center that provides, at a mini- mum, the services the foundation will provide to the university center, with such contract being subject to audit by the state comptroller to the extent permitted by the state finance law. § 4. Each university center of the state university of New York shall be eligible for state matching contributions of no less than $25,000,000. § 5. Each university center of the state university of New York shall be eligible for state matching contributions of no more than $200,000,000. § 6. This act shall take effect immediately, provided, however, that section five of this act shall expire and be deemed repealed April 1, 2026. PART LL Section 1. Subparagraph (ii) of paragraph (a), paragraph (b), subpara- graphs (i), (ii), (iii) and (v) of paragraph (c), paragraph (e) and the opening paragraph and subparagraphs (i) and (ii) of paragraph (f) of subdivision 6 of section 3502 of the public health law, subparagraph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and (v) of paragraph (c), paragraph (e) and the opening paragraph of paragraph (f) as added by chapter 313 of the laws of 2018, subparagraph (ii) of paragraph (c), and subparagraphs (i) and (ii) of paragraph (f) as amended by chapter 486 of the laws of 2022, are amended to read as follows: (ii) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, LICENSED PRACTI- TIONERS, PERSONS LICENSED UNDER THIS ARTICLE AND UNLICENSED PERSONNEL EMPLOYED AT A STATE CORRECTIONAL FACILITY MAY, IN A MANNER PERMITTED BY THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, UTILIZE BODY IMAGING SCANNING EQUIPMENT THAT APPLIES IONIZING RADIATION TO HUMANS FOR PURPOSES OF SCREENING INDIVIDUALS DETAINED IN, COMMITTED TO, VISITING, OR EMPLOYED IN SUCH FACILITY, IN CONNECTION WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECURITY PROGRAM. (III) The utilization of such body imaging scanning equipment shall be in accordance with regulations promulgated by the department, or FOR LOCAL CORRECTIONAL FACILITIES in cities having a population of two million or more, such utilization shall be in accordance with regu- lations promulgated by the New York city department of health and mental hygiene. THE STATE COMMISSION OF CORRECTION, IN CONSULTATION WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, SHALL PROMULGATE REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT WILL BE USED TO SCREEN VISITORS AND INCARCERATED INDIVIDUALS IN STATE CORREC- TIONAL FACILITIES. SUCH REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISH- ING THAT ALTERNATIVE METHODS OF SCREENING MAY BE USED TO ACCOMMODATE INDIVIDUALS WHO DECLINE OR ARE UNABLE TO BE SCREENED BY BODY IMAGING S. 4006--C 53 A. 3006--C SCANNING EQUIPMENT FOR MEDICAL REASONS AND THAT ALTERNATIVE METHODS OF SCREENING MAY BE USED TO ACCOMMODATE INDIVIDUALS WHO DECLINE TO BE SCREENED FOR OTHER REASONS, UNLESS SECURITY CONSIDERATIONS WARRANT OTHERWISE. SUCH REGULATIONS SHALL ALSO ENSURE THAT NO PERSON SHALL BE SUBJECTED TO ANY FORM OF HARASSMENT, INTIMIDATION, OR DISCIPLINARY ACTION FOR CHOOSING TO BE SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING IN LIEU OF BODY IMAGING SCANNING. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL PROMUL- GATE REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT WILL BE USED TO SCREEN EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS AND COMMU- NITY SUPERVISION, PROVIDED, HOWEVER THAT SUCH REGULATIONS SHALL BE CONSISTENT WITH THE POLICIES AND PROCEDURES OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION GOVERNING THE SEARCH OF EMPLOYEES. SUCH REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISHING THAT ALTERNATIVE METHODS OF SCREENING MAY BE USED TO ACCOMMODATE INDIVIDUALS WHO DECLINE OR ARE UNABLE TO BE SCREENED BY BODY IMAGING SCANNING EQUIPMENT FOR MEDICAL OR OTHER REASONS. SUCH REGULATIONS SHALL ALSO ENSURE THAT NO PERSON SHALL BE SUBJECTED TO ANY FORM OF HARASSMENT, INTIMIDATION, OR DISCIPLINARY ACTION FOR CHOOSING TO BE SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING IN LIEU OF BODY IMAGING SCANNING. AN EMPLOYEE'S REQUEST TO BE SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING IN LIEU OF BODY IMAG- ING SCANNING SHALL NOT, IN ITSELF, BE GROUNDS FOR DISCIPLINARY ACTION AGAINST SUCH EMPLOYEE. (b) Prior to establishing, maintaining or operating in a STATE OR local correctional facility, any body imaging scanning equipment, the chief administrative officer of the facility shall ensure that such facility is in compliance with the regulations promulgated pursuant to this subdivision and otherwise applicable requirements for the installa- tion, registration, maintenance, operation and inspection of body imag- ing scanning equipment. (i) A requirement that prior to operating body imaging scanning equip- ment, unlicensed personnel employed at STATE OR local correctional facilities shall have successfully completed a training course approved by the department, or FOR LOCAL CORRECTIONAL FACILITIES in cities of two million or more, approved by the New York city department of health and mental hygiene, and that such personnel receive additional training on an annual basis; (ii) Limitations on exposure which shall be no more than fifty percent of the annual exposure limits for non-radiation workers as specified by applicable regulations, except that [incarcerated] individuals under the age of eighteen shall not be subject to more than five percent of such annual exposure limits, and pregnant women shall not be subject to such scanning at any time. Procedures for identifying pregnant women shall be set forth in the regulations; (iii) Registration with the department of each body imaging scanning machine purchased or installed at a STATE OR local correctional facili- ty; (v) A requirement that records be kept regarding each use of body imaging scanning equipment by the STATE OR local correctional facility. (e) For the purposes of this subdivision[,]: (I) "[local] LOCAL correctional facility" shall have the same meaning as found in subdivision sixteen of section two of the correction law. (II) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL FACILI- TY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW. Any local government agency that utilizes body imaging scanning equip- ment in a local correctional facility under its jurisdiction shall S. 4006--C 54 A. 3006--C submit an annual report to the department, the speaker of the assembly, and the temporary president of the senate. IF BODY IMAGING SCANNING EQUIPMENT IS UTILIZED IN ONE OR MORE STATE CORRECTIONAL FACILITIES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. Such report BY EITHER THE LOCAL GOVERNMENT AGENCY OR THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION shall be submitted within eighteen months after the initial date of registration of such equipment with the department, and annually thereafter, and shall contain the following information as to each such facility: (i) FOR LOCAL CORRECTIONAL FACILITIES, the number of times the equip- ment was used on incarcerated individuals upon intake, after visits, and upon the suspicion of contraband, as well as any other event that trig- gers the use of such equipment[; (ii)], AND the average, median, and highest number of times the equip- ment was used on any incarcerated individual, with corresponding expo- sure levels; AND (II) FOR STATE CORRECTIONAL FACILITIES, THE NUMBER OF TIMES THE EQUIP- MENT WAS USED ON INDIVIDUALS DETAINED IN, COMMITTED TO, WORKING IN, OR VISITING THE FACILITY UPON INTAKE, BEFORE WORK SHIFT, AFTER WORK SHIFT, BEFORE VISITS, AFTER VISITS, AND UPON THE SUSPICION OF CONTRABAND, AS WELL AS ANY OTHER EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT, AND THE AVERAGE, MEDIAN, AND HIGHEST NUMBER OF TIMES THE EQUIPMENT WAS USED ON ANY INDIVIDUAL DETAINED IN, COMMITTED TO, WORKING IN, OR VISITING THE FACILITY, WITH CORRESPONDING EXPOSURE LEVELS. § 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided however, that the amendments to subdivision 6 of section 3502 of the public health law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART MM Section 1. The vehicle and traffic law is amended by adding a new section 1111-c-1 to read as follows: § 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL- ITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND/OR APPLICABLE MASS TRANSIT AGENCY, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE BUS OPERATION-RELATED PHOTO DEVICES THAT MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGENCY. 2. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES CAPTURED BY BUS OPERATION-RELATED PHOTO DEVICES SHALL BE INADMIS- SIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY S. 4006--C 55 A. 3006--C THE DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE BUS OPERATION-RELATED PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 3. (I) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A BUS OPERATION-RELATED PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE: (A) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH BUS OPERATION-RELATED PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE WHERE THE CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE; (B) THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT REGULAR INTERVALS ALONG AND ADJACENT TO ROADWAYS UPON WHICH MOBILE AND/OR STATIONARY BUS OPERATION-RELATED PHOTO DEVICES ARE OPERATED PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION STATING THAT MOBILE AND/OR STATIONARY BUS OPERATION-RELATED PHOTO DEVICES ARE USED TO ENFORCE BUS OPERATION-RELATED TRAFFIC REGULATIONS, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD; AND (C) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY PROTECTION MEASURES UNDER THIS SUBDIVISION. (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A BUS OPERATION-RELATED PHOTO DEVICE SHALL BE FOR THE EXCLU- SIVE USE OF THE CITY OF NEW YORK FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY SUCH CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A BUS OPERATION-RE- LATED PHOTO DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRA- TIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFI- CER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES FROM SUCH SYSTEMS: (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH S. 4006--C 56 A. 3006--C SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY AGAINST THE LAWS OF THIS STATE; AND (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN THIS STATE; AND (3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A) OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL ACTION OR PROCEEDING. (III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS PROHIBITED FROM UTILIZING AND FROM ARRANGING FOR THE UTILIZATION OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, FOR ANY PURPOSE. THE USE, AND THE ARRANGEMENT FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A BUS OPERATION-RELATED PHOTO DEVICE, BY ANY PERSON FOR ANY PURPOSE, ARE PROHIBITED. FOR PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE, BUT NOT BE LIMITED TO, A HUMAN BEING, A PUBLIC OR PRIVATE CORPORATION, AN UNINCORPORATED ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERN- MENTAL INSTRUMENTALITY, A COURT OR AN ADMINISTRATIVE OR ADJUDICATORY BODY, AND ANY EMPLOYEE, OFFICER, AND AGENT OF THE FOREGOING. (IV) ANY APPLICABLE MASS TRANSIT AGENCY OPERATING BUS OPERATION-RELAT- ED PHOTO DEVICES SHALL BE PROHIBITED FROM ACCESSING ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES OR DATA FROM BUS OPERATION-RELATED PHOTO DEVICES BUT SHALL PROVIDE, PURSUANT TO AN AGREE- MENT WITH THE CITY OF NEW YORK, FOR THE PROPER HANDLING AND CUSTODY OF SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES AND DATA PRODUCED BY SUCH SYSTEMS, AND FOR THE FORWARDING OF SUCH PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES AND DATA TO SUCH CITY FOR THE PURPOSE OF DETERMINING WHETHER A MOTOR VEHICLE WAS OPERATED IN VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AND IMPOSING MONETARY LIABILITY ON THE OWNER OF SUCH MOTOR VEHICLE THEREFOR. (V) EVERY BUS UPON WHICH A MOBILE BUS OPERATION-RELATED PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLACARDS OR OTHER DISPLAYS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT BUS OPERATION-RELATED PHOTO DEVICES ARE USED TO ENFORCE BUS OPERATION-RELAT- ED TRAFFIC REGULATIONS. S. 4006--C 57 A. 3006--C (B) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST SIXTY DAYS THAT BUS OPERATION-RELATED PHOTO DEVICES PURSUANT TO A DEMON- STRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPERATION. (C) IF THE CITY OF NEW YORK HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS OPERATION-RELATED TRAFFIC REGU- LATIONS AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A BUS OPERATION-RELATED PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUCH BUS OPERATION-RELATED TRAFFIC REGULATION. (D) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "BUS OPERATION-RELATED PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC- ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION. 3. "BUS OPERATION-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE FOLLOW- ING PROVISIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK, ADOPTED PURSUANT TO SECTION SIXTEEN HUNDRED FORTY-TWO OF THIS CHAPTER: 4-08(C)(3), VIOLATION OF POSTED NO STANDING RULES PROHIBITED-BUS STOP; 4-08(E)(9), GENERAL NO STOPPING ZONES-BICYCLE LANES; 4-08(F)(1), GENERAL NO STANDING ZONES-DOUBLE PARK- ING; AND 4-08(F)(4), GENERAL NO STANDING ZONES-BUS LANE. 4. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER. 5. "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN ANY TOOL USING AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION. 6. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO- LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC- TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER- ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS; HANDPRINTS; RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY. 7. "FACIAL RECOGNITION" SHALL MEAN ANY TOOL USING AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE. (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS OPERATION- RELATED PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (F) AN OWNER LIABLE FOR A VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO S. 4006--C 58 A. 3006--C THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, ONE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A TWELVE- MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A FOURTH VIOLATION WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT VIOLATION WITHIN A TWELVE-MONTH PERIOD; PROVIDED, HOWEVER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (G) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB- LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. (H) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS OPERA- TION-RELATED TRAFFIC REGULATION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS OPERA- TION-RELATED TRAFFIC REGULATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDEN- TIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDEN- TIFICATION NUMBER OF THE BUS OPERATION-RELATED PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF THE BUS OPERATION-RELATED PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH BUS OPERA- TION-RELATED PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY. (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (J) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI- CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. S. 4006--C 59 A. 3006--C (K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGU- LATION, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH PARKING VIOLATIONS BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS SECTION. (L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A BUS OPERATION-RELATED TRAFFIC REGULATION. FOR PURPOSES OF THIS SUBDIVI- SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A BUS OPERATION-RELATED TRAFFIC REGULATION. (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION. (N) IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH CITY AND THE APPLICABLE MASS TRAN- SIT AGENCY SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF BUS OPERA- TION-RELATED PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE AND EVERY TWO YEARS THEREAFTER. THE CITY OF NEW YORK AND APPLICABLE MASS TRANSIT AGENCY SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING WEBSITES, PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS OPERATION-RE- LATED PHOTO DEVICES WERE USED; 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL BASIS; 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; S. 4006--C 60 A. 3006--C 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE OF LIABILITY; 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND ANY PARTIC- IPATING MASS TRANSIT AGENCY AND AN ITEMIZED LIST OF EXPENDITURES MADE BY THE PARTICIPATING MASS TRANSIT AGENCY WITH THESE REVENUES; 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; 8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED; 9. THE TOTAL COST TO SUCH CITY AND THE TOTAL COST TO ANY PARTICIPAT- ING MASS TRANSIT AGENCY; AND 10. A DETAILED REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP BEFORE AND AFTER IMPLEMENTATION OF THE DEMONSTRATION PROGRAM FOR EACH BUS ROUTE, INCLUDING CURRENT STATISTICS. (O) ANY REVENUE FROM FINES AND PENALTIES COLLECTED FROM ANY MOBILE BUS OPERATION-RELATED PHOTO DEVICES, NOT INCLUDING ANY REVENUE SHARED WITH THE CITY OF NEW YORK PURSUANT TO AGREEMENT, SHALL BE REMITTED BY THE CITY OF NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW. (P) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO A DEMONSTRATION PROGRAM ADOPTED PURSUANT TO THIS SECTION THAT SUCH BUS OPERATION-RELATED PHOTO DEVICES WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, para- graph (h) as relettered by chapter 258 of the laws of 2022, is amended to read as follows: 1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal: (a) to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or (b) to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or (c) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (d) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (e) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authori- S. 4006--C 61 A. 3006--C ties to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate the liability of owners for violations of section eleven hundred seven- ty-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERA- TION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the follow- ing sections. § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021 and paragraph (g) as relettered by chapter 258 of the laws of 2022, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized: (a) to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation- monitoring systems, in accordance with article twenty-four of this chap- ter, or (b) to adjudicate the liability of owners for violations of S. 4006--C 62 A. 3006--C subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (c) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (e) to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (f) to adjudi- cate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (g) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, OR (H) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS OPER- ATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONE- TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandoned vehicle violations. For the purposes of this article, a parking violation is the violation of any S. 4006--C 63 A. 3006--C law, rule or regulation providing for or regulating the parking, stop- ping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in articles ten, twenty-four, twenty-nine and thirty of this chapter, section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installa- tion and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chap- ter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chap- ter[,]; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a) of subdivision 1-b of section 240 of the vehicle and traffic law, subdi- visions 1 and 1-a as separately added by chapters 421, 460 and 773 of the laws of 2021, and the opening subparagraph of paragraph (a) of S. 4006--C 64 A. 3006--C subdivision 1-b as added by chapter 407 of the laws of 2022, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty; or a person alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter[,]; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELAT- ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERA- TION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with provisions of law specifically authorizing the impo- sition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this S. 4006--C 65 A. 3006--C chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter[,]; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELAT- ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERA- TION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. In a city having a population of one million or more, at every hearing for the adjudication of a notice of liability, as provided by this arti- cle, there shall be a rebuttable presumption that the owner of a first- response emergency vehicle alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES S. 4006--C 66 A. 3006--C OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER is not liable for such alleged violation if such owner of the first-response emergency vehicle provides the hearing officer with: § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter, or an allegation of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-moni- toring systems, in accordance with the provisions of section two thou- sand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or an allegation of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter imposed pursuant to a local law or ordinance impos- ing monetary liability on the owner of a vehicle for failure of an oper- ator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to S. 4006--C 67 A. 3006--C gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, OR AN ALLEGA- TION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTAL- LATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and oper- ation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; [or] to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter[, or]; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of this chapter within a highway construction or main- tenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter[, or]; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, is contested. Recording devices may be used for the making of the record. S. 4006--C 68 A. 3006--C § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with any provisions of law specifically authoriz- ing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; [or] to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter[, or]; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; [or] to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the instal- lation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPER- ATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTA- TION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER, of the person charged, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll main- tained by the bureau together with records showing payment and nonpay- ment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- S. 4006--C 69 A. 3006--C tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter[, or]; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; [or] to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGU- LATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability alleged in accordance with any provisions of law specifically authorizing the imposition of mone- tary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of S. 4006--C 70 A. 3006--C bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter[, or]; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; [or] to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGU- LATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with any provisions of law specifically author- izing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter[, or]; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the S. 4006--C 71 A. 3006--C installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; [or] to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the instal- lation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPER- ATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTA- TION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER; or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged. § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, clause (vii) as renumbered by chapter 258 of the laws of 2022, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or (iii) the registrant was liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; S. 4006--C 72 A. 3006--C or (iv) the registrant was liable for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chap- ter; or (v) the registrant was liable for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; or (vi) the registrant was liable for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (vii) the registrant was liable for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, OR (VIII) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF BUS OPERATION-RE- LATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S. 4006--C 73 A. 3006--C § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, paragraph (g) as relettered by chapter 258 of the laws of 2022, is amended to read as follows: 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (c) for violations of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; or (d) for violations of toll collection regu- lations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy- four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; S. 4006--C 74 A. 3006--C OR (H) FOR VIOLATIONS OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPER- ATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER. § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, as amended by section 21 of part J of chapter 62 of the laws of 2003, is amended to read as follows: 1. The provisions of any other general or special law notwithstanding, whenever, in a city having a population of one hundred thousand or more according to the nineteen hundred eighty United States census, proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for the violation of any statute, local law, ordinance or rule involving the parking, stopping or standing of a motor vehicle, EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED TRAFFIC REGU- LATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifteen dollars. Such surcharge shall not be deemed a monetary penal- ty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, as added by section 7 of part C of chapter 55 of the laws of 2013, is amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a conviction for a violation of section twelve hundred, twelve hundred one or twelve hundred two of this chapter, EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPER- ATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of twenty-five dollars. § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately added by chapters 421, 460 and 773 of the laws of 2021, clause (viii) as renumbered by chapter 258 of the laws of 2022, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except: (i) a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and (ii) an adjudication of liability of an S. 4006--C 75 A. 3006--C owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installa- tion and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; and (iii) an adjudication of liability of an owner for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (iv) an adjudi- cation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; and (v) an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and (vi) an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; and (vii) an adjudication of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; and (viii) an adjudication of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; AND (IX) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A S. 4006--C 76 A. 3006--C VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPER- ATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (s) to read as follows: (S) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-C-ONE OF THE VEHICLE AND TRAFFIC LAW. § 14. Paragraph 3 of subdivision (a) of section 1111-c of the vehicle and traffic law is REPEALED and a new paragraph 3 is added to read as follows: 3. (I) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A BUS LANE PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE: (A) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH BUS LANE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE SUCH A PHOTO- GRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHI- CLE WHERE THE CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE; (B) THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES STATING THAT MOBILE AND/OR STATIONARY BUS LANE PHOTO DEVICES ARE USED TO ENFORCE BUS LANE RESTRICTIONS, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD; AND (C) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY PROTECTION MEASURES UNDER THIS SUBDIVISION. (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A BUS LANE PHOTO DEVICE SHALL BE FOR THE EXCLUSIVE USE OF THE CITY OF NEW YORK FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY SUCH CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A BUS LANE PHOTO DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDI- CATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES FROM SUCH SYSTEMS: (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO- S. 4006--C 77 A. 3006--C GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY AGAINST THE LAWS OF THIS STATE; AND (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN THIS STATE; AND (3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A) OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL ACTION OR PROCEEDING. (III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS PROHIBITED FROM UTILIZING AND FROM ARRANGING FOR THE UTILIZATION OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, FOR ANY PURPOSE. THE USE, AND THE ARRANGEMENT FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A BUS LANE PHOTO DEVICE, BY ANY PERSON FOR ANY PURPOSE, ARE PROHIBITED. FOR PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE, BUT NOT BE LIMIT- ED TO, A HUMAN BEING, A PUBLIC OR PRIVATE CORPORATION, AN UNINCORPORATED ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERNMENTAL INSTRUMENTAL- ITY, A COURT OR AN ADMINISTRATIVE OR ADJUDICATORY BODY, AND ANY EMPLOY- EE, OFFICER, AND AGENT OF THE FOREGOING. (IV) ANY APPLICABLE MASS TRANSIT AGENCY OPERATING BUS LANE PHOTO DEVICES SHALL BE PROHIBITED FROM ACCESSING ANY PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES OR DATA FROM BUS LANE PHOTO DEVICES BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE CITY OF NEW YORK, FOR THE PROPER HANDLING AND CUSTODY OF SUCH PHOTOGRAPHS, MICROPHO- TOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES AND DATA PRODUCED BY SUCH SYSTEMS, AND FOR THE FORWARDING OF SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES AND DATA TO SUCH CITY FOR THE PURPOSE OF DETERMINING WHETHER A MOTOR VEHICLE WAS OPERATED IN VIOLATION OF BUS LANE RESTRICTIONS AND IMPOSING MONETARY LIABILITY ON THE OWNER OF SUCH MOTOR VEHICLE THEREFOR. S. 4006--C 78 A. 3006--C (V) EVERY BUS UPON WHICH A MOBILE BUS LANE PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A BUS RAPID TRANSIT PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLACARDS OR OTHER DISPLAYS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE BUS LANE RESTRICTIONS. § 15. Subdivision (c) of section 1111-c of the vehicle and traffic law is amended by adding four new paragraphs 7, 8, 9 and 10 to read as follows: 7. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER. 8. "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN ANY TOOL USING AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION. 9. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO- LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC- TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER- ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS; HANDPRINTS; RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY. 10. "FACIAL RECOGNITION" SHALL MEAN ANY TOOL USING AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE. § 16. Subdivision (e) of section 1111-c of the vehicle and traffic law, as amended by section 1 of part D of chapter 39 of the laws of 2019, is amended to read as follows: (e) An owner liable for a violation of a bus lane restriction imposed on any route within a bus rapid transit program shall be liable for monetary penalties in accordance with a schedule of fines and penalties promulgated by the parking violations bureau of the city of New York[; provided, however, that the monetary penalty for violating a bus lane restriction]. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION shall not exceed fifty dollars FOR A FIRST VIOLATION, one hundred dollars for a second [offense] VIOLATION within a twelve-month period, one hundred fifty dollars for a third [offense] VIOLATION within a twelve-month period, two hundred dollars for a fourth [offense] VIOLATION within a twelve-month period, and two hundred fifty dollars for each subsequent [offense] VIOLATION within a twelve-month period; provided, further, that an owner shall be liable for an additional penalty not to exceed twenty-five dollars for each violation for the failure to respond to a notice of liability within the prescribed time period. § 17. Subdivision (j) of section 1111-c of the vehicle and traffic law, as amended by section 6 of part NNN of chapter 59 of the laws of 2018, is amended to read as follows: (j) 1. If the owner liable for a violation of a bus lane restriction was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A BUS LANE RESTRICTION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE S. 4006--C 79 A. 3006--C WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A BUS LANE RESTRICTION. § 18. The opening paragraph and paragraph 6 of subdivision (l) of section 1111-c of the vehicle and traffic law, as amended by section 6 of part NNN of chapter 59 of the laws of 2018, are amended to read as follows: If the city of New York adopts a bus rapid transit demonstration program pursuant to subdivision (a) of this section it shall submit a report on the results of the use of bus lane photo devices to the gover- nor, the temporary president of the senate and the speaker of the assem- bly by April first, two thousand twelve and every two years thereafter. THE CITY OF NEW YORK AND APPLICABLE MASS TRANSIT AGENCY SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING WEBSITES, PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARD- IZE PUBLIC SAFETY. Such report shall include, but not be limited to: 6. the total amount of revenue realized by such city and any partic- ipating mass transit agency AND AN ITEMIZED LIST OF EXPENDITURES MADE BY THE PARTICIPATING MASS TRANSIT AGENCY WITH THESE REVENUES; § 19. Section 1111-c of the vehicle and traffic law is amended by adding a new subdivision (n) to read as follows: (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A BUS LANE RESTRICTION PURSUANT TO A BUS RAPID TRANSIT PROGRAM ADOPTED PURSU- ANT TO THIS SECTION THAT SUCH BUS LANE PHOTO DEVICES WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 20. The opening paragraph of section 14 of part II of chapter 59 of the laws of 2010, amending the vehicle and traffic law and the public officers law relating to establishing a bus rapid transit demonstration program to restrict the use of bus lanes by means of bus lane photo devices, as amended by section 2 of part D of chapter 39 of the laws of 2019, is amended to read as follows: This act shall take effect on the ninetieth day after it shall have become a law and shall expire [15 years after such effective date] JULY 1, 2028 when upon such date the provisions of this act shall be deemed repealed; and provided that any rules and regulations related to this act shall be promulgated on or before such effective date, provided that: § 21. This act shall take effect one year after it shall have become a law; provided, however, that sections one and thirteen of this act shall expire on July 1, 2028, when upon such date the provisions of such sections shall be deemed repealed; provided further, however, that the amendments to subdivision 1 of section 1809-a of the vehicle and traffic law made by section ten of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; and provided, further, that the amendments to section 1111-c of the vehicle and traf- fic law made by sections fourteen, fifteen, sixteen, seventeen, eighteen and nineteen of this act shall not affect the repeal of such section and shall be deemed to be repealed therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date. PART NN S. 4006--C 80 A. 3006--C Section 1. 1. The Metropolitan Transportation Authority ("the authori- ty") shall take necessary steps to establish and implement a fare-free bus pilot program within the City of New York. The authority shall pres- ent the fare-free bus pilot program to its board for approval no later than 60 days after the effective date of this act, for implementation no later than 90 days after board adoption. 2. The purpose of the fare-free bus pilot program shall be to under- stand the impact of fare-free bus routes on ridership, quality of life issues, bus speed performance, operations, and related issues as the authority deems relevant. 3. The fare-free bus pilot program shall consist of five fare-free bus routes and shall cost no more than fifteen million dollars in net oper- ating costs. Net operating costs shall be determined by the total costs of implementing the fare-free bus pilot program and shall not accrue to the City of New York. 4. The fare-free bus routes included in the fare-free bus pilot program shall be selected by the authority, provided that there shall be at least one fare-free bus route within each of the following counties: Kings County, New York County, Queens County, Richmond County and Bronx County. The factors considered by the authority in selecting such fare- free bus routes shall include but not be limited to: (a) fare evasion; (b) ridership, including subway ridership and ridership on adjacent/redundant bus routes; (c) service adequacy and equity for low- income and economically disadvantaged communities; and (d) access to employment and commercial activity in areas served by the fare-free routes. 5. No express bus routes shall be included in the fare-free bus pilot program. 6. The authority shall report to its board on the fare-free bus pilot program after it has been in effect for six months and again upon the conclusion of the pilot. Such reports shall also be sent to the Gover- nor, the temporary president of the Senate, and the speaker of the Assembly, and shall include, but not be limited to, the following comparative performance metrics: (a) ridership totals relative to equiv- alent time periods before the pilot took effect; (b) increases or decreases in fare evasion on adjacent/redundant bus routes and subways during the fare-free bus pilot program relative to the equivalent time period before the fare-free bus pilot program took effect; (c) percent of scheduled service delivered; (d) average end-to-end bus speed chang- es; (e) customer journey time performance; (f) additional bus stop time and travel time; (g) wait assessments; (h) the cost to provide such service itemized by route; (i) scheduled service frequency; and (j) any other impacts associated with and resulting from such fare-free bus pilot program. 7. The fare-free bus routes shall revert to regular revenue service six to twelve months after the fare-free bus pilot program begins. § 2. This act shall take effect immediately. PART OO Section 1. Subdivision 2 of section 509-a of the racing, pari-mutuel wagering and breeding law, as amended by section 1 of part DD of chapter 59 of the laws of 2022, is amended to read as follows: 2. a. Notwithstanding any other provision of law or regulation to the contrary, from April nineteenth, two thousand twenty-one to March thir- ty-first, two thousand twenty-two, twenty-three percent of the funds, S. 4006--C 81 A. 3006--C not to exceed two and one-half million dollars, in the Catskill off- track betting corporation's capital acquisition fund and twenty-three percent of the funds, not to exceed four hundred forty thousand dollars, in the Capital off-track betting corporation's capital acquisition fund established pursuant to this section shall also be available to such off-track betting corporation for the purposes of statutory obligations, payroll, and expenditures necessary to accept authorized wagers. b. Notwithstanding any other provision of law or regulation to the contrary, from April first, two thousand twenty-two to March thirty- first, two thousand twenty-three, twenty-three percent of the funds, not to exceed two and one-half million dollars, in the Catskill off-track betting corporation's capital acquisition fund established pursuant to this section, and twenty-three percent of the funds, not to exceed four hundred forty thousand dollars, in the Capital off-track betting corpo- ration's capital acquisition fund established pursuant to this section, shall be available to such off-track betting corporations for the purposes of statutory obligations, payroll, and expenditures necessary to accept authorized wagers. c. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, FROM APRIL FIRST, TWO THOUSAND TWENTY-THREE TO MARCH THIRTY- FIRST, TWO THOUSAND TWENTY-FOUR, TWENTY-THREE PERCENT OF THE FUNDS, NOT TO EXCEED TWO AND ONE-HALF MILLION DOLLARS, IN THE CATSKILL OFF-TRACK BETTING CORPORATION'S CAPITAL ACQUISITION FUND ESTABLISHED PURSUANT TO THIS SECTION, AND ONE MILLION DOLLARS IN THE CAPITAL OFF-TRACK BETTING CORPORATION'S CAPITAL ACQUISITION FUND ESTABLISHED PURSUANT TO THIS SECTION, SHALL BE AVAILABLE TO SUCH OFF-TRACK BETTING CORPORATION FOR THE PURPOSES OF EXPENDITURES NECESSARY TO ACCEPT AUTHORIZED WAGERS; PAST DUE STATUTORY OBLIGATIONS TO NEW YORK LICENSED OR FRANCHISED RACING CORPORATIONS OR ASSOCIATIONS; PAST DUE CONTRACTUAL OBLIGATIONS DUE TO OTHER RACING ASSOCIATIONS OR ORGANIZATIONS FOR THE COSTS OF ACQUIRING A SIMULCAST SIGNAL; PAST DUE STATUTORY PAYMENT OBLIGATIONS DUE TO THE NEW YORK STATE THOROUGHBRED BREEDING AND DEVELOPMENT FUND CORPORATION, AGRI- CULTURE AND NEW YORK STATE HORSE BREEDING DEVELOPMENT FUND, AND THE HARRY M. ZWEIG MEMORIAL FUND FOR EQUINE RESEARCH; AND PAST DUE OBLI- GATIONS DUE THE STATE. D. Prior to a corporation being able to utilize the funds authorized by paragraph [b] C of this subdivision, the corporation must ATTEST THAT THE SURCHARGE MONIES FROM SECTION FIVE HUNDRED THIRTY-TWO OF THIS CHAP- TER ARE BEING HELD SEPARATE AND APART FROM ANY AMOUNTS OTHERWISE AUTHOR- IZED TO BE RETAINED FROM PARI-MUTUEL POOLS AND ALL SURCHARGE MONIES HAVE BEEN AND WILL CONTINUE TO BE PAID TO THE LOCALITIES AS PRESCRIBED IN LAW. ONCE THIS CONDITION IS SATISFIED, THE CORPORATION MUST submit an expenditure plan to the gaming commission for review. Such plan shall include the corporation's outstanding liabilities, projected revenue for the upcoming year, a detailed explanation of how the funds will be used, and any other information NECESSARY TO DETAIL SUCH PLAN AS determined [necessary] by the commission. Upon review, the commission [will] SHALL make a determination as to whether [access to the funds is needed and warranted] THE REQUIREMENTS OF THIS PARAGRAPH HAVE BEEN SATISFIED AND NOTIFY THE CORPORATION OF EXPENDITURE PLAN APPROVAL. IN THE EVENT THE COMMISSION DETERMINES THE REQUIREMENTS OF THIS PARAGRAPH HAVE NOT BEEN SATISFIED, THE COMMISSION SHALL NOTIFY THE CORPORATION OF ALL DEFICIEN- CIES NECESSARY FOR APPROVAL. AS A CONDITION OF SUCH EXPENDITURE PLAN APPROVAL, THE CORPORATION SHALL PROVIDE A REPORT TO THE COMMISSION NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, WHICH SHALL INCLUDE AN ACCOUNTING OF THE USE OF SUCH FUNDS. AT SUCH TIME, THE COMMISSION MAY S. 4006--C 82 A. 3006--C CAUSE AN INDEPENDENT AUDIT TO BE CONDUCTED OF THE CORPORATION'S BOOKS TO ENSURE THAT ALL MONEYS WERE SPENT AS INDICATED IN SUCH APPROVED PLAN. THE AUDIT SHALL BE PAID FOR FROM MONEY IN THE FUND ESTABLISHED BY THIS SECTION. IF THE AUDIT DETERMINES THAT A CORPORATION USED THE MONEY AUTHORIZED UNDER THIS SECTION FOR A PURPOSE OTHER THAN ONE LISTED IN THEIR EXPENDITURE PLAN, THEN THE CORPORATION SHALL REIMBURSE THE CAPITAL ACQUISITION FUND FOR THE UNAUTHORIZED AMOUNT. § 2. This act shall take effect immediately. PART PP Section 1. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 of section 4 of the state finance law to the following funds and/or accounts: 1. DOL-Child performer protection account (20401). 2. Local government records management account (20501). 3. Child health plus program account (20810). 4. EPIC premium account (20818). 5. Education - New (20901). 6. VLT - Sound basic education fund (20904). 7. Sewage treatment program management and administration fund (21000). 8. Hazardous bulk storage account (21061). 9. Utility environmental regulatory account (21064). 10. Federal grants indirect cost recovery account (21065). 11. Low level radioactive waste account (21066). 12. Recreation account (21067). 13. Public safety recovery account (21077). 14. Environmental regulatory account (21081). 15. Natural resource account (21082). 16. Mined land reclamation program account (21084). 17. Great lakes restoration initiative account (21087). 18. Environmental protection and oil spill compensation fund (21200). 19. Public transportation systems account (21401). 20. Metropolitan mass transportation (21402). 21. Operating permit program account (21451). 22. Mobile source account (21452). 23. Statewide planning and research cooperative system account (21902). 24. New York state thruway authority account (21905). 25. Mental hygiene program fund account (21907). 26. Mental hygiene patient income account (21909). 27. Financial control board account (21911). 28. Regulation of racing account (21912). 29. State university dormitory income reimbursable account (21937). 30. Criminal justice improvement account (21945). 31. Environmental laboratory reference fee account (21959). 32. Training, management and evaluation account (21961). 33. Clinical laboratory reference system assessment account (21962). 34. Indirect cost recovery account (21978). 35. Multi-agency training account (21989). 36. Bell jar collection account (22003). 37. Industry and utility service account (22004). 38. Real property disposition account (22006). 39. Parking account (22007). S. 4006--C 83 A. 3006--C 40. Courts special grants (22008). 41. Asbestos safety training program account (22009). 42. Batavia school for the blind account (22032). 43. Investment services account (22034). 44. Surplus property account (22036). 45. Financial oversight account (22039). 46. Regulation of Indian gaming account (22046). 47. Rome school for the deaf account (22053). 48. Seized assets account (22054). 49. Administrative adjudication account (22055). 50. New York City assessment account (22062). 51. Cultural education account (22063). 52. Local services account (22078). 53. DHCR mortgage servicing account (22085). 54. Housing indirect cost recovery account (22090). 55. Voting Machine Examinations account (22099). 56. DHCR-HCA application fee account (22100). 57. Low income housing monitoring account (22130). 58. Restitution account (22134). 59. Corporation administration account (22135). 60. New York State Home for Veterans in the Lower-Hudson Valley account (22144). 61. Deferred compensation administration account (22151). 62. Rent revenue other New York City account (22156). 63. Rent revenue account (22158). 64. Transportation aviation account (22165). 65. Tax revenue arrearage account (22168). 66. New York State Campaign Finance Fund account (22211). 67. New York state medical indemnity fund account (22240). 68. Behavioral health parity compliance fund (22246). 69. Pharmacy benefit manager regulatory fund (22255). 70. State university general income offset account (22654). 71. Lake George park trust fund account (22751). 72. Highway safety program account (23001). 73. DOH drinking water program account (23102). 74. NYCCC operating offset account (23151). 75. Commercial gaming revenue account (23701). 76. Commercial gaming regulation account (23702). 77. Highway use tax administration account (23801). 78. New York state secure choice administrative account (23806). 79. New York state cannabis revenue fund (24800). 80. Fantasy sports administration account (24951). 81. Mobile sports wagering fund (24955). 82. Highway and bridge capital account (30051). 83. State university residence hall rehabilitation fund (30100). 84. State parks infrastructure account (30351). 85. Clean water/clean air implementation fund (30500). 86. Hazardous waste remedial cleanup account (31506). 87. Youth facilities improvement account (31701). 88. Housing assistance fund (31800). 89. Housing program fund (31850). 90. Highway facility purpose account (31951). 91. New York racing account (32213). 92. Capital miscellaneous gifts account (32214). 93. Information technology capital financing account (32215). S. 4006--C 84 A. 3006--C 94. New York environmental protection and spill remediation account (32219). 95. Mental hygiene facilities capital improvement fund (32300). 96. Correctional facilities capital improvement fund (32350). 97. New York State Storm Recovery Capital Fund (33000). 98. OGS convention center account (50318). 99. Empire Plaza Gift Shop (50327). 100. Unemployment Insurance Benefit Fund, Interest Assessment Account (50651). 101. Centralized services fund (55000). 102. Archives records management account (55052). 103. Federal single audit account (55053). 104. Civil service administration account (55055). 105. Civil service EHS occupational health program account (55056). 106. Banking services account (55057). 107. Cultural resources survey account (55058). 108. Neighborhood work project account (55059). 109. Automation & printing chargeback account (55060). 110. OFT NYT account (55061). 111. Data center account (55062). 112. Intrusion detection account (55066). 113. Domestic violence grant account (55067). 114. Centralized technology services account (55069). 115. Labor contact center account (55071). 116. Human services contact center account (55072). 117. Tax contact center account (55073). 118. Department of law civil recoveries account (55074). 119. Executive direction internal audit account (55251). 120. CIO Information technology centralized services account (55252). 121. Health insurance internal service account (55300). 122. Civil service employee benefits division administrative account (55301). 123. Correctional industries revolving fund (55350). 124. Employees health insurance account (60201). 125. Medicaid management information system escrow fund (60900). 126. Virtual currency assessments account. § 1-a. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 of section 4 of the state finance law to any account within the following federal funds, provided the comptroller has made a determination that sufficient federal grant award authority is available to reimburse such loans: 1. Federal USDA-food and nutrition services fund (25000). 2. Federal health and human services fund (25100). 3. Federal education fund (25200). 4. Federal block grant fund (25250). 5. Federal miscellaneous operating grants fund (25300). 6. Federal unemployment insurance administration fund (25900). 7. Federal unemployment insurance occupational training fund (25950). 8. Federal emergency employment act fund (26000). 9. Federal capital projects fund (31350). § 2. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2024, up to the unencumbered balance or the follow- ing amounts: S. 4006--C 85 A. 3006--C Economic Development and Public Authorities: 1. $1,175,000 from the miscellaneous special revenue fund, underground facilities safety training account (22172), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $19,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,303,000,000 from the general fund to the state lottery fund, education account (20901), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 2. $1,033,000,000 from the general fund to the state lottery fund, VLT education account (20904), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 3. $137,789,000 from the general fund to the New York state commercial gaming fund, commercial gaming revenue account (23701), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 97-nnnn of the state finance law that are in excess of the amounts deposited in such fund for purposes pursuant to section 1352 of the racing, pari-mutuel wagering and breeding law. 4. $1,061,047,000 from the general fund to the mobile sports wagering fund, education account (24955), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposit- ed in such fund for such purposes pursuant to section 1367 of the racing, pari-mutuel wagering and breeding law. 5. $7,000,000 from the interactive fantasy sports fund, fantasy sports education account (24950), to the state lottery fund, education account (20901), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law. 6. An amount up to the unencumbered balance in the fund on March 31, 2024 from the charitable gifts trust fund, elementary and secondary education account (24901), to the general fund, for payment of general support for public schools pursuant to section 3609-a of the education law. 7. Moneys from the state lottery fund (20900) up to an amount deposit- ed in such fund pursuant to section 1612 of the tax law in excess of the current year appropriation for supplemental aid to education pursuant to section 92-c of the state finance law. 8. $300,000 from the New York state local government records manage- ment improvement fund, local government records management account (20501), to the New York state archives partnership trust fund, archives partnership trust maintenance account (20351). 9. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 10. $900,000 from the general fund to the miscellaneous special reven- ue fund, Rome school for the deaf account (22053). S. 4006--C 86 A. 3006--C 11. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 12. $8,318,000 from the general fund to the state university income fund, state university income offset account (22654), for the state's share of repayment of the STIP loan. 13. $53,000,000 from the state university income fund, state universi- ty hospitals income reimbursable account (22656) to the general fund for hospital debt service for the period April 1, 2023 through March 31, 2024. 14. $5,160,000 from the miscellaneous special revenue fund, office of the professions account (22051), to the miscellaneous capital projects fund, office of the professions electronic licensing account (32222). 15. $24,000,000 from any of the state education department's special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 16. $4,200,000 from any of the state education department's special revenue or internal service funds to the capital projects fund (30000). 17. $30,013,000 from the general fund to the miscellaneous special revenue fund, HESC-insurance premium payments account (21960). Environmental Affairs: 1. $16,000,000 from any of the department of environmental conserva- tion's special revenue federal funds, and/or federal capital funds, to the environmental conservation special revenue fund, federal indirect recovery account (21065). 2. $5,000,000 from any of the department of environmental conserva- tion's special revenue federal funds, and/or federal capital funds, to the conservation fund (21150) or Marine Resources Account (21151) as necessary to avoid diversion of conservation funds. 3. $3,000,000 from any of the office of parks, recreation and historic preservation capital projects federal funds and special revenue federal funds to the miscellaneous special revenue fund, federal grant indirect cost recovery account (22188). 4. $1,000,000 from any of the office of parks, recreation and historic preservation special revenue federal funds to the miscellaneous capital projects fund, I love NY water account (32212). 5. $100,000,000 from the general fund to the environmental protection fund, environmental protection fund transfer account (30451). 6. $6,000,000 from the general fund to the hazardous waste remedial fund, hazardous waste oversight and assistance account (31505). 7. An amount up to or equal to the cash balance within the special revenue-other waste management & cleanup account (21053) to the capital projects fund (30000) for services and capital expenses related to the management and cleanup program as put forth in section 27-1915 of the environmental conservation law. 8. $1,800,000 from the miscellaneous special revenue fund, public service account (22011) to the miscellaneous special revenue fund, util- ity environmental regulatory account (21064). 9. $7,000,000 from the general fund to the enterprise fund, state fair account (50051). 10. $4,000,000 from the waste management & cleanup account (21053) to the general fund. 11. $3,000,000 from the waste management & cleanup account (21053) to the environmental protection fund transfer account (30451). 12. Up to $10,000,000 from the general fund to the miscellaneous special revenue fund, patron services account (22163). S. 4006--C 87 A. 3006--C 13. $500,000 from the general fund to the miscellaneous special reven- ue fund, authority budget office account (22138). Family Assistance: 1. $7,000,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and the general fund, in accordance with agreements with social services districts, to the miscellaneous special revenue fund, office of human resources development state match account (21967). 2. $4,000,000 from any of the office of children and family services or office of temporary and disability assistance special revenue federal funds to the miscellaneous special revenue fund, family preservation and support services and family violence services account (22082). 3. $18,670,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and any other miscellaneous revenues generated from the operation of office of children and family services programs to the general fund. 4. $175,000,000 from any of the office of temporary and disability assistance or department of health special revenue funds to the general fund. 5. $2,500,000 from any of the office of temporary and disability assistance special revenue funds to the miscellaneous special revenue fund, office of temporary and disability assistance program account (21980). 6. $35,000,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, and department of health special revenue federal funds to the office of children and family services miscellaneous special revenue fund, multi- agency training contract account (21989). 7. $205,000,000 from the miscellaneous special revenue fund, youth facility per diem account (22186), to the general fund. 8. $621,850 from the general fund to the combined gifts, grants, and bequests fund, WB Hoyt Memorial account (20128). 9. $5,000,000 from the miscellaneous special revenue fund, state central registry (22028), to the general fund. 10. $900,000 from the general fund to the Veterans' Remembrance and Cemetery Maintenance and Operation account (20201). 11. $905,000,000 from the general fund to the housing program fund (31850). 12. Up to $10,000,000 from any of the office of children and family services special revenue federal funds to the office of the court admin- istration special revenue other federal iv-e funds account. General Government: 1. $12,000,000 from the general fund to the health insurance revolving fund (55300). 2. $292,400,000 from the health insurance reserve receipts fund (60550) to the general fund. 3. $150,000 from the general fund to the not-for-profit revolving loan fund (20650). 4. $150,000 from the not-for-profit revolving loan fund (20650) to the general fund. 5. $3,000,000 from the miscellaneous special revenue fund, surplus property account (22036), to the general fund. 6. $19,000,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the general fund. S. 4006--C 88 A. 3006--C 7. $1,826,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the miscellaneous special revenue fund, authority budget office account (22138). 8. $1,000,000 from the miscellaneous special revenue fund, parking account (22007), to the general fund, for the purpose of reimbursing the costs of debt service related to state parking facilities. 9. $11,460,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 10. $10,000,000 from the general fund to the agencies internal service fund, state data center account (55062). 11. $12,000,000 from the miscellaneous special revenue fund, parking account (22007), to the centralized services, building support services account (55018). 12. $30,000,000 from the general fund to the internal service fund, business services center account (55022). 13. $8,000,000 from the general fund to the internal service fund, building support services account (55018). 14. $1,500,000 from the combined expendable trust fund, plaza special events account (20120), to the general fund. 15. $50,000,000 from the New York State cannabis revenue fund (24800) to the general fund. 16. A transfer from the general fund to the miscellaneous special revenue fund, New York State Campaign Finance Fund Account (22211), up to an amount equal to total reimbursements due to qualified candidates. 17. $6,000,000 from the miscellaneous special revenue fund, standards and purchasing account (22019), to the general fund. Health: 1. A transfer from the general fund to the combined gifts, grants and bequests fund, breast cancer research and education account (20155), up to an amount equal to the monies collected and deposited into that account in the previous fiscal year. 2. A transfer from the general fund to the combined gifts, grants and bequests fund, prostate cancer research, detection, and education account (20183), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 3. A transfer from the general fund to the combined gifts, grants and bequests fund, Alzheimer's disease research and assistance account (20143), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 4. $8,940,000 from the HCRA resources fund (20800) to the miscella- neous special revenue fund, empire state stem cell trust fund account (22161). 5. $3,600,000 from the miscellaneous special revenue fund, certificate of need account (21920), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 6. $4,000,000 from the miscellaneous special revenue fund, vital health records account (22103), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 7. $6,000,000 from the miscellaneous special revenue fund, profes- sional medical conduct account (22088), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 8. $114,500,000 from the HCRA resources fund (20800) to the capital projects fund (30000). 9. $6,550,000 from the general fund to the medical cannabis trust fund, health operation and oversight account (23755). S. 4006--C 89 A. 3006--C 10. An amount up to the unencumbered balance from the charitable gifts trust fund, health charitable account (24900), to the general fund, for payment of general support for primary, preventive, and inpatient health care, dental and vision care, hunger prevention and nutritional assist- ance, and other services for New York state residents with the overall goal of ensuring that New York state residents have access to quality health care and other related services. 11. $500,000 from the miscellaneous special revenue fund, New York State cannabis revenue fund, to the miscellaneous special revenue fund, environmental laboratory fee account (21959). 12. An amount up to the unencumbered balance from the public health emergency charitable gifts trust fund to the general fund, for payment of goods and services necessary to respond to a public health disaster emergency or to assist or aid in responding to such a disaster. 13. $1,000,000,000 from the general fund to the health care transfor- mation fund (24850). 14. $2,590,000 from the miscellaneous special revenue fund, patient safety center account (22140), to the general fund. 15. $1,000,000 from the miscellaneous special revenue fund, nursing home receivership account (21925), to the general fund. 16. $130,000 from the miscellaneous special revenue fund, quality of care account (21915), to the general fund. 17. $2,200,000 from the miscellaneous special revenue fund, adult home quality enhancement account (22091), to the general fund. 18. $7,429,000 from the general fund, to the miscellaneous special revenue fund, helen hayes hospital account (22140). 19. $1,117,000 from the general fund, to the miscellaneous special revenue fund, New York city veterans' home account (22141). 20. $813,000 from the general fund, to the miscellaneous special revenue fund, New York state home for veterans' and their dependents at oxford account (22142). 21. $313,000 from the general fund, to the miscellaneous special revenue fund, western New York veterans' home account (22143). 22. $1,473,000 from the general fund, to the miscellaneous special revenue fund, New York state for veterans in the lower-hudson valley account (22144). Labor: 1. $600,000 from the miscellaneous special revenue fund, DOL fee and penalty account (21923), to the child performer's protection fund, child performer protection account (20401). 2. $11,700,000 from the unemployment insurance interest and penalty fund, unemployment insurance special interest and penalty account (23601), to the general fund. 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- ment insurance special interest and penalty account (23601), and public work enforcement account (21998), to the general fund. 4. $850,000 from the miscellaneous special revenue fund, DOL elevator safety program fund (22252) to the miscellaneous special revenue fund, DOL fee and penalty account (21923). Mental Hygiene: 1. $3,800,000 from the general fund, to the agencies internal service fund, civil service EHS occupational health program account (55056). 2. $2,000,000 from the general fund, to the mental hygiene facilities capital improvement fund (32300). 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- laneous capital projects fund, opioid settlement capital account. S. 4006--C 90 A. 3006--C 4. $20,000,000 from the miscellaneous capital projects fund, opioid settlement capital account to the opioid settlement fund (23817). Public Protection: 1. $1,350,000 from the miscellaneous special revenue fund, emergency management account (21944), to the general fund. 2. $2,587,000 from the general fund to the miscellaneous special revenue fund, recruitment incentive account (22171). 3. $23,773,000 from the general fund to the correctional industries revolving fund, correctional industries internal service account (55350). 4. $2,000,000,000 from any of the division of homeland security and emergency services special revenue federal funds to the general fund. 5. $115,420,000 from the state police motor vehicle law enforcement and motor vehicle theft and insurance fraud prevention fund, state police motor vehicle enforcement account (22802), to the general fund for state operation expenses of the division of state police. 6. $138,272,000 from the general fund to the correctional facilities capital improvement fund (32350). 7. $5,000,000 from the general fund to the dedicated highway and bridge trust fund (30050) for the purpose of work zone safety activities provided by the division of state police for the department of transpor- tation. 8. $10,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the capital projects fund (30000). 9. $9,830,000 from the miscellaneous special revenue fund, legal services assistance account (22096), to the general fund. 10. $1,000,000 from the general fund to the agencies internal service fund, neighborhood work project account (55059). 11. $7,980,000 from the miscellaneous special revenue fund, finger- print identification & technology account (21950), to the general fund. 12. $1,100,000 from the state police motor vehicle law enforcement and motor vehicle theft and insurance fraud prevention fund, motor vehicle theft and insurance fraud account (22801), to the general fund. 13. $14,400,000 from the general fund to the miscellaneous special revenue fund, criminal justice improvement account (21945). 14. $2,000,000 from the general fund to the miscellaneous special revenue fund, hazard mitigation revolving loan account. 15. Up to $114,000,000 from the indigent legal services fund, indigent legal services account (23551) to the general fund. Transportation: 1. $20,000,000 from the general fund to the mass transportation oper- ating assistance fund, public transportation systems operating assist- ance account (21401), of which $12,000,000 constitutes the base need for operations. 2. $727,500,000 from the general fund to the dedicated highway and bridge trust fund (30050). 3. $244,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 4. $5,000,000 from the miscellaneous special revenue fund, transporta- tion regulation account (22067) to the dedicated highway and bridge trust fund (30050), for disbursements made from such fund for motor carrier safety that are in excess of the amounts deposited in the dedi- cated highway and bridge trust fund (30050) for such purpose pursuant to section 94 of the transportation law. S. 4006--C 91 A. 3006--C 5. $477,000 from the miscellaneous special revenue fund, traffic adju- dication account (22055), to the general fund. 6. $5,000,000 from the miscellaneous special revenue fund, transporta- tion regulation account (22067) to the general fund, for disbursements made from such fund for motor carrier safety that are in excess of the amounts deposited in the general fund for such purpose pursuant to section 94 of the transportation law. Miscellaneous: 1. $250,000,000 from the general fund to any funds or accounts for the purpose of reimbursing certain outstanding accounts receivable balances. 2. $500,000,000 from the general fund to the debt reduction reserve fund (40000). 3. $450,000,000 from the New York state storm recovery capital fund (33000) to the revenue bond tax fund (40152). 4. $15,500,000 from the general fund, community projects account GG (10256), to the general fund, state purposes account (10050). 5. $100,000,000 from any special revenue federal fund to the general fund, state purposes account (10050). 6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund, state purposes account (10050) to cover eligible costs incurred by the state. § 3. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, on or before March 31, 2024: 1. Upon request of the commissioner of environmental conservation, up to $12,745,400 from revenues credited to any of the department of envi- ronmental conservation special revenue funds, including $4,000,000 from the environmental protection and oil spill compensation fund (21200), and $1,834,600 from the conservation fund (21150), to the environmental conservation special revenue fund, indirect charges account (21060). 2. Upon request of the commissioner of agriculture and markets, up to $3,000,000 from any special revenue fund or enterprise fund within the department of agriculture and markets to the general fund, to pay appro- priate administrative expenses. 3. Upon request of the commissioner of the division of housing and community renewal, up to $6,221,000 from revenues credited to any divi- sion of housing and community renewal federal or miscellaneous special revenue fund to the miscellaneous special revenue fund, housing indirect cost recovery account (22090). 4. Upon request of the commissioner of the division of housing and community renewal, up to $5,500,000 may be transferred from any miscel- laneous special revenue fund account, to any miscellaneous special revenue fund. 5. Upon request of the commissioner of health up to $13,694,000 from revenues credited to any of the department of health's special revenue funds, to the miscellaneous special revenue fund, administration account (21982). 6. Upon the request of the attorney general, up to $4,000,000 from revenues credited to the federal health and human services fund, federal health and human services account (25117) or the miscellaneous special revenue fund, recoveries and revenue account (22041), to the miscella- neous special revenue fund, litigation settlement and civil recovery account (22117). § 4. On or before March 31, 2024, the comptroller is hereby authorized and directed to deposit earnings that would otherwise accrue to the general fund that are attributable to the operation of section 98-a of S. 4006--C 92 A. 3006--C the state finance law, to the agencies internal service fund, banking services account (55057), for the purpose of meeting direct payments from such account. § 5. Notwithstanding any law to the contrary, upon the direction of the director of the budget and upon requisition by the state university of New York, the dormitory authority of the state of New York is directed to transfer, up to $22,000,000 in revenues generated from the sale of notes or bonds, the state university income fund general revenue account (22653) for reimbursement of bondable equipment for further transfer to the state's general fund. § 6. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget and upon consultation with the state university chancellor or his or her designee, on or before March 31, 2024, up to $16,000,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Buffalo. § 7. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget and upon consultation with the state university chancellor or his or her designee, on or before March 31, 2024, up to $6,500,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Albany. § 8. Notwithstanding any law to the contrary, the state university chancellor or his or her designee is authorized and directed to transfer estimated tuition revenue balances from the state university collection fund (61000) to the state university income fund, state university general revenue offset account (22655) on or before March 31, 2024. § 9. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $1,335,239,500 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2023 through June 30, 2024 to support operations at the state university. § 10. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $48,966,000 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2023 to June 30, 2024 for general fund operating support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 of section three hundred fifty-five of the education law. § 11. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $20,000,000 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of the education law. S. 4006--C 93 A. 3006--C § 12. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the state university chancel- lor or his or her designee, up to $55,000,000 from the state university income fund, state university hospitals income reimbursable account (22656), for services and expenses of hospital operations and capital expenditures at the state university hospitals; and the state university income fund, Long Island veterans' home account (22652) to the state university capital projects fund (32400) on or before June 30, 2024. § 13. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller, after consultation with the state university chancellor or his or her designee, is hereby authorized and directed to transfer moneys, in the first instance, from the state university collection fund, Stony Brook hospital collection account (61006), Brooklyn hospital collection account (61007), and Syra- cuse hospital collection account (61008) to the state university income fund, state university hospitals income reimbursable account (22656) in the event insufficient funds are available in the state university income fund, state university hospitals income reimbursable account (22656) to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals. Notwithstanding any law to the contrary, the comptroller is also hereby authorized and directed, after consultation with the state university chancellor or his or her designee, to transfer moneys from the state university income fund to the state university income fund, state university hospitals income reimbursable account (22656) in the event insufficient funds are available in the state university income fund, state university hospitals income reimbursable account (22656) to pay hospital operating costs or to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals on or before March 31, 2024. § 14. Notwithstanding any law to the contrary, upon the direction of the director of the budget and the chancellor of the state university of New York or his or her designee, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies from the state university dormitory income fund (40350) to the state university residence hall rehabilitation fund (30100), and from the state university residence hall rehabilitation fund (30100) to the state university dormitory income fund (40350), in an amount not to exceed $100 million from each fund. § 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $700 million from the unencumbered balance of any special revenue fund or account, agency fund or account, internal service fund or account, enterprise fund or account, or any combination of such funds and accounts, to the general fund. The amounts transferred pursuant to this authorization shall be in addition to any other transfers expressly authorized in the 2023-24 budget. Transfers from federal funds, debt service funds, capital projects funds, the community projects fund, or funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assent- ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. § 16. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized S. 4006--C 94 A. 3006--C and directed to transfer, at the request of the director of the budget, up to $100 million from any non-general fund or account, or combination of funds and accounts, to the miscellaneous special revenue fund, tech- nology financing account (22207), the miscellaneous capital projects fund, the federal capital projects account (31350), information technol- ogy capital financing account (32215), or the centralized technology services account (55069), for the purpose of consolidating technology procurement and services. The amounts transferred to the miscellaneous special revenue fund, technology financing account (22207) pursuant to this authorization shall be equal to or less than the amount of such monies intended to support information technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the technology financing account shall be completed from amounts collected by non-general funds or accounts pursuant to a fund deposit schedule or permanent statute, and shall be transferred to the technology financing account pursuant to a schedule agreed upon by the affected agency commissioner. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assent- ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. § 17. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $400 million from any non-general fund or account, or combination of funds and accounts, to the general fund for the purpose of consol- idating technology procurement and services. The amounts transferred pursuant to this authorization shall be equal to or less than the amount of such monies intended to support information technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the general fund shall be completed from amounts collected by non-general funds or accounts pursu- ant to a fund deposit schedule. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursu- ant to federal law, rule, or regulation as assented to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. § 18. Notwithstanding any provision of law to the contrary, as deemed feasible and advisable by its trustees, the power authority of the state of New York is authorized and directed to transfer to the state treasury to the credit of the general fund up to $20,000,000 for the state fiscal year commencing April 1, 2023, the proceeds of which will be utilized to support energy-related state activities. § 19. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to contribute $913,000 to the state treasury to the credit of the general fund on or before March 31, 2024. § 20. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer five million dollars to the cred- it of the Environmental Protection Fund on or before March 31, 2024 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation. S. 4006--C 95 A. 3006--C § 21. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 5. Notwithstanding the provisions of section one hundred seventy-one-a of the tax law, as separately amended by chapters four hundred eighty- one and four hundred eighty-four of the laws of nineteen hundred eight- y-one, and notwithstanding the provisions of chapter ninety-four of the laws of two thousand eleven, or any other provisions of law to the contrary, during the fiscal year beginning April first, two thousand [twenty-two] TWENTY-THREE, the state comptroller is hereby authorized and directed to deposit to the fund created pursuant to this section from amounts collected pursuant to article twenty-two of the tax law and pursuant to a schedule submitted by the director of the budget, up to [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as necessary to meet the purposes of such fund for the fiscal year begin- ning April first, two thousand [twenty-two] TWENTY-THREE. § 22. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2024, the following amounts from the following special revenue accounts to the capital projects fund (30000), for the purposes of reimbursement to such fund for expenses related to the maintenance and preservation of state assets: 1. $43,000 from the miscellaneous special revenue fund, administrative program account (21982). 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes hospital account (22140). 3. $456,000 from the miscellaneous special revenue fund, New York city veterans' home account (22141). 4. $570,000 from the miscellaneous special revenue fund, New York state home for veterans' and their dependents at oxford account (22142). 5. $170,000 from the miscellaneous special revenue fund, western New York veterans' home account (22143). 6. $323,000 from the miscellaneous special revenue fund, New York state for veterans in the lower-hudson valley account (22144). 7. $2,550,000 from the miscellaneous special revenue fund, patron services account (22163). 8. $9,016,000 from the miscellaneous special revenue fund, state university general income reimbursable account (22653). 9. $142,782,000 from the miscellaneous special revenue fund, state university revenue offset account (22655). 10. $51,897,000 from the state university dormitory income fund, state university dormitory income fund (40350). 11. $1,000,000 from the miscellaneous special revenue fund, litigation settlement and civil recovery account (22117). § 23. Section 60 of part FFF of chapter 56 of the laws of 2022 providing for the administration of certain funds and accounts related to the 2022-2023 budget, is amended to read as follows: § 60. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2022; provided, however, that the provisions of sections one, one-a, two, three, four, five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- teen, eighteen, nineteen, twenty[,] AND twenty-two[, and twenty-three] of this act shall expire March 31, 2023 when upon such date the provisions of such sections shall be deemed repealed; provided, further, that the amendments to section 89-h of the state finance law made by section twenty-eight of this act shall not affect the repeal of such S. 4006--C 96 A. 3006--C section and shall be deemed repealed therewith; and provided, further, that section twenty-eight-a of this act shall expire March 31, 2027; AND PROVIDED, FURTHER, THAT SECTION TWENTY-THREE OF THIS ACT SHALL EXPIRE MARCH 31, 2028. § 24. Subdivision 5 of section 183 of the military law, as amended by section 2 of part O of chapter 55 of the laws of 2018, is amended to read as follows: 5. All moneys paid as rent as provided in this section, together with all sums paid to cover expenses of heating and lighting, shall be trans- mitted by the officer in charge and control of the armory through the adjutant general to the state treasury for deposit to the [agencies enterprise fund] MISCELLANEOUS SPECIAL REVENUE FUND - 339 armory rental account. § 25. Subdivision 2 of section 92-cc of the state finance law, as amended by section 26 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 2. Such fund shall have a maximum balance not to exceed [fifteen] TWENTY-FIVE per centum of the aggregate amount projected to be disbursed from the general fund during [the fiscal year immediately following] the then-current fiscal year. At the request of the director of the budget, the state comptroller shall transfer monies to the rainy day reserve fund up to and including an amount equivalent to [three] FIFTEEN per centum of the aggregate amount projected to be disbursed from the gener- al fund during the then-current fiscal year, unless such transfer would increase the rainy day reserve fund to an amount in excess of [fifteen] TWENTY-FIVE per centum of the aggregate amount projected to be disbursed from the general fund during the [fiscal year immediately following the] then-current fiscal year, in which event such transfer shall be limited to such amount as will increase the rainy day reserve fund to such [fifteen] TWENTY-FIVE per centum limitation. § 26. Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller is hereby authorized and directed to use any balance remaining in the mental health services fund debt service appropriation, after payment by the state comptroller of all obligations required pursuant to any lease, sublease, or other financing arrangement between the dormitory authority of the state of New York as successor to the New York state medical care facilities finance agency, and the facilities development corporation pursuant to chapter 83 of the laws of 1995 and the department of mental hygiene for the purpose of making payments to the dormitory authority of the state of New York for the amount of the earnings for the investment of monies deposited in the mental health services fund that such agency determines will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended, in order to enable such agency to maintain the exemption from federal income taxation on the interest paid to the holders of such agency's mental services facilities improvement revenue bonds. Annually on or before each June 30th, such agency shall certify to the state comptroller its determination of the amounts received in the mental health services fund as a result of the investment of monies deposited therein that will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended. § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by S. 4006--C 97 A. 3006--C section 30 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed [nine billion five hundred two million seven hundred thirty-nine thousand dollars $9,502,739,000] NINE BILLION EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOU- SAND DOLLARS $9,865,859,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropri- ations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than [nine billion five hundred two million seven hundred thirty-nine thousand dollars $9,502,739,000] NINE BILLION EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOUSAND DOLLARS $9,865,859,000, only if the present value of the aggregate debt service of the refunding or repay- ment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repay- ment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi- annually) necessary to discount the debt service payments on the refund- ing or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including esti- mated accrued interest from the sale thereof. § 28. Subdivision (a) of section 27 of part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by section 31 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary, the urban devel- opment corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [four hundred twenty-six million one hundred thousand dollars $426,100,000] FIVE HUNDRED THIRTY-EIGHT MILLION ONE HUNDRED THOUSAND DOLLARS S. 4006--C 98 A. 3006--C $538,100,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects including IT initiatives for the division of state police, debt service and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 29. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 32 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 3. The maximum amount of bonds that may be issued for the purpose of financing environmental infrastructure projects authorized by this section shall be [eight billion one hundred seventy-one million one hundred ten thousand dollars $8,171,110,000] NINE BILLION THREE HUNDRED THIRTY-FIVE MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS $9,335,710,000, exclusive of bonds issued to fund any debt service reserve funds, pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay bonds or notes previously issued. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision one of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. § 30. Subdivision (a) of section 48 of part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, as amended by section 33 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000 but notwithstanding the provisions of section 18 of the urban development corporation act, the corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [three hundred eighty-three million five hundred thousand dollars $383,500,000] FIVE HUNDRED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS $501,500,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital costs related to homeland security and training facilities for the division of state police, the division of military and naval affairs, and any other state agency, including the reimbursement of any disbursements made from the state capital projects fund, and is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [one billion six hundred four million nine hundred eighty-six thousand dollars $1,604,986,000] ONE BILLION SEVEN HUNDRED THIRTEEN MILLION EIGHTY-SIX THOUSAND DOLLARS $1,713,086,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of S. 4006--C 99 A. 3006--C such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing improve- ments to State office buildings and other facilities located statewide, including the reimbursement of any disbursements made from the state capital projects fund. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision (b) of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. § 31. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 34 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (c) Subject to the provisions of chapter fifty-nine of the laws of two thousand, the dormitory authority shall not issue any bonds for state university educational facilities purposes if the principal amount of bonds to be issued when added to the aggregate principal amount of bonds issued by the dormitory authority on and after July first, nineteen hundred eighty-eight for state university educational facilities will exceed [sixteen billion six hundred eleven million five hundred sixty- four thousand dollars $16,611,564,000] EIGHTEEN BILLION ONE HUNDRED TEN MILLION NINE HUNDRED SIXTY-FOUR THOUSAND DOLLARS $18,110,964,000; provided, however, that bonds issued or to be issued shall be excluded from such limitation if: (1) such bonds are issued to refund state university construction bonds and state university construction notes previously issued by the housing finance agency; or (2) such bonds are issued to refund bonds of the authority or other obligations issued for state university educational facilities purposes and the present value of the aggregate debt service on the refunding bonds does not exceed the present value of the aggregate debt service on the bonds refunded there- by; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued there- on prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which the bonds are issued, and in any case not later than the earlier of thirty years or the expi- ration of the term of any lease, sublease or other agreement relating thereto; provided that no note, including renewals thereof, shall mature later than five years after the date of issuance of such note. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the state university of New York, and the state university construction fund are prohibited from S. 4006--C 100 A. 3006--C covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. § 32. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 35 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (c) Subject to the provisions of chapter fifty-nine of the laws of two thousand, (i) the dormitory authority shall not deliver a series of bonds for city university community college facilities, except to refund or to be substituted for or in lieu of other bonds in relation to city university community college facilities pursuant to a resolution of the dormitory authority adopted before July first, nineteen hundred eighty- five or any resolution supplemental thereto, if the principal amount of bonds so to be issued when added to all principal amounts of bonds previously issued by the dormitory authority for city university commu- nity college facilities, except to refund or to be substituted in lieu of other bonds in relation to city university community college facili- ties will exceed the sum of four hundred twenty-five million dollars and (ii) the dormitory authority shall not deliver a series of bonds issued for city university facilities, including community college facilities, pursuant to a resolution of the dormitory authority adopted on or after July first, nineteen hundred eighty-five, except to refund or to be substituted for or in lieu of other bonds in relation to city university facilities and except for bonds issued pursuant to a resolution supple- mental to a resolution of the dormitory authority adopted prior to July first, nineteen hundred eighty-five, if the principal amount of bonds so to be issued when added to the principal amount of bonds previously issued pursuant to any such resolution, except bonds issued to refund or to be substituted for or in lieu of other bonds in relation to city university facilities, will exceed [ten billion two hundred fifty-four million six hundred eighty-six thousand dollars $10,254,686,000] ELEVEN BILLION THREE HUNDRED FOURTEEN MILLION THREE HUNDRED FIFTY-TWO THOUSAND DOLLARS $11,314,352,000. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the city university, and the fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. § 33. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 36 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 10-a. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any other provision of the law to the contrary, the maximum amount of bonds and notes to be issued after March thirty-first, two thousand two, on behalf of the state, in relation to any locally sponsored community college, shall be [one billion one hundred twenty-three million one hundred forty thousand dollars $1,123,140,000] ONE BILLION TWO HUNDRED TWENTY-SEVEN MILLION NINETY- FIVE THOUSAND DOLLARS $1,227,095,000. Such amount shall be exclusive of bonds and notes issued to fund any reserve fund or funds, costs of issu- ance and to refund any outstanding bonds and notes, issued on behalf of the state, relating to a locally sponsored community college. § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 37 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: S. 4006--C 101 A. 3006--C 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed [nine hundred sixty-two million seven hundred fifteen thousand dollars $962,715,000] ONE BILLION FOUR- TEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000, which authorization increases the aggregate principal amount of bonds, notes and other obligations authorized by section 40 of chapter 309 of the laws of 1996, and shall include all bonds, notes and other obli- gations issued pursuant to chapter 211 of the laws of 1990, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the youth facilities improve- ment fund OR THE CAPITAL PROJECTS FUND, to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappro- priations made to the office of children and family services from the youth facilities improvement fund for capital projects. The aggregate amount of bonds, notes and other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the office of children and family services; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obli- gations may be greater than [nine hundred sixty-two million seven hundred fifteen thousand dollars $962,715,000] ONE BILLION FOURTEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000, only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid includ- ing estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. § 35. Paragraph b of subdivision 2 of section 9-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by section 38 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: b. The agency shall have power and is hereby authorized from time to time to issue negotiable bonds and notes in conformity with applicable provisions of the uniform commercial code in such principal amount as, in the opinion of the agency, shall be necessary, after taking into account other moneys which may be available for the purpose, to provide sufficient funds to the facilities development corporation, or any successor agency, for the financing or refinancing of or for the design, construction, acquisition, reconstruction, rehabilitation or improvement S. 4006--C 102 A. 3006--C of mental health services facilities pursuant to paragraph a of this subdivision, the payment of interest on mental health services improve- ment bonds and mental health services improvement notes issued for such purposes, the establishment of reserves to secure such bonds and notes, the cost or premium of bond insurance or the costs of any financial mechanisms which may be used to reduce the debt service that would be payable by the agency on its mental health services facilities improve- ment bonds and notes and all other expenditures of the agency incident to and necessary or convenient to providing the facilities development corporation, or any successor agency, with funds for the financing or refinancing of or for any such design, construction, acquisition, recon- struction, rehabilitation or improvement and for the refunding of mental hygiene improvement bonds issued pursuant to section 47-b of the private housing finance law; provided, however, that the agency shall not issue mental health services facilities improvement bonds and mental health services facilities improvement notes in an aggregate principal amount exceeding [ten billion nine hundred forty-two million eight hundred thirty-three thousand dollars $10,942,833,000] TWELVE BILLION FOUR HUNDRED EIGHTEEN MILLION THREE HUNDRED THIRTY-SEVEN THOUSAND DOLLARS $12,418,337,000, excluding mental health services facilities improvement bonds and mental health services facilities improvement notes issued to refund outstanding mental health services facilities improvement bonds and mental health services facilities improvement notes; provided, however, that upon any such refunding or repayment of mental health services facilities improvement bonds and/or mental health services facilities improvement notes the total aggregate principal amount of outstanding mental health services facilities improvement bonds and mental health facilities improvement notes may be greater than [ten billion nine hundred forty-two million eight hundred thirty-three thou- sand dollars $10,942,833,000] TWELVE BILLION FOUR HUNDRED EIGHTEEN MILLION THREE HUNDRED THIRTY-SEVEN THOUSAND DOLLARS $12,418,337,000, only if, except as hereinafter provided with respect to mental health services facilities bonds and mental health services facilities notes issued to refund mental hygiene improvement bonds authorized to be issued pursuant to the provisions of section 47-b of the private housing finance law, the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obli- gations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the authority including estimated accrued interest from the sale thereof. Such bonds, other than bonds issued to refund outstanding bonds, shall be scheduled to mature over a term not to exceed the aver- age useful life, as certified by the facilities development corporation, of the projects for which the bonds are issued, and in any case shall not exceed thirty years and the maximum maturity of notes or any renewals thereof shall not exceed five years from the date of the S. 4006--C 103 A. 3006--C original issue of such notes. Notwithstanding the provisions of this section, the agency shall have the power and is hereby authorized to issue mental health services facilities improvement bonds and/or mental health services facilities improvement notes to refund outstanding mental hygiene improvement bonds authorized to be issued pursuant to the provisions of section 47-b of the private housing finance law and the amount of bonds issued or outstanding for such purposes shall not be included for purposes of determining the amount of bonds issued pursuant to this section. The director of the budget shall allocate the aggregate principal authorized to be issued by the agency among the office of mental health, office for people with developmental disabilities, and the office of addiction services and supports, in consultation with their respective commissioners to finance bondable appropriations previ- ously approved by the legislature. § 36. Subdivision (a) of section 28 of part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by section 39 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary, one or more authorized issuers as defined by section 68-a of the state finance law are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [one hundred ninety-seven million dollars $197,000,000] TWO HUNDRED FORTY-SEVEN MILLION DOLLARS $247,000,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects for public protection facilities in the Division of Military and Naval Affairs, debt service and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 37. Section 53 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by section 40 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: § 53. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the acquisition of equipment, including but not limited to the creation or modernization of informa- tion technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and laboratory equipment and other state costs associated with such capital projects. The aggregate princi- pal amount of bonds authorized to be issued pursuant to this section shall not exceed [three hundred ninety-three million dollars S. 4006--C 104 A. 3006--C $393,000,000] FOUR HUNDRED NINETY-THREE MILLION DOLLARS $493,000,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the urban development corpo- ration in undertaking the financing for project costs for the acquisi- tion of equipment, including but not limited to the creation or modern- ization of information technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and labora- tory equipment and other state costs associated with such capital projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the urban development corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormitory authority and the urban development corporation agree, so as to annually provide to the dormitory authority and the urban development corporation, in the aggregate, a sum not to exceed the prin- cipal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the urban development corporation as security for its bonds and notes, as authorized by this section. § 38. Subdivision (b) of section 11 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 41 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (b) Any service contract or contracts for projects authorized pursuant to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 14-k of the transportation law, and entered into pursuant to subdivision (a) of this section, shall provide for state commitments to provide annually to the thruway authority a sum or sums, upon such terms and conditions as shall be deemed appropriate by the director of the budget, to fund, or fund the debt service requirements of any bonds or any obli- gations of the thruway authority issued to fund or to reimburse the state for funding such projects having a cost not in excess of [thirteen billion fifty-three million eight hundred eighty-one thousand dollars $13,053,881,000] THIRTEEN BILLION NINE HUNDRED FORTY-NINE MILLION TWO HUNDRED THIRTY-FOUR THOUSAND DOLLARS $13,949,234,000 cumulatively by the S. 4006--C 105 A. 3006--C end of fiscal year [2022-23] 2023-24. For purposes of this subdivision, such projects shall be deemed to include capital grants to cities, towns and villages for the reimbursement of eligible capital costs of local highway and bridge projects within such municipality, where allocations to cities, towns and villages are based on the total number of New York or United States or interstate signed touring route miles for which such municipality has capital maintenance responsibility, and where such eligible capital costs include the costs of construction and repair of highways, bridges, highway-railroad crossings, and other transportation facilities for projects with a service life of ten years or more. § 39. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 42 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. The dormitory authority is authorized to issue bonds, at the request of the commissioner of education, to finance eligible library construction projects pursuant to section two hundred seventy-three-a of the education law, in amounts certified by such commissioner not to exceed a total principal amount of [three hundred thirty-three million dollars $333,000,000] THREE HUNDRED SIXTY-SEVEN MILLION DOLLARS $367,000,000. § 40. Section 44 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by section 43 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: § 44. Issuance of certain bonds or notes. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the regional economic development council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding envi- rons, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medi- cine, the olympic regional development authority, projects at nano Utica, onondaga county revitalization projects, Binghamton university school of pharmacy, New York power electronics manufacturing consortium, regional infrastructure projects, high tech innovation and economic development infrastructure program, high technology manufacturing projects in Chautauqua and Erie county, an industrial scale research and development facility in Clinton county, upstate revitalization initi- ative projects, downstate revitalization initiative, market New York projects, fairground buildings, equipment or facilities used to house and promote agriculture, the state fair, the empire state trail, the moynihan station development project, the Kingsbridge armory project, strategic economic development projects, the cultural, arts and public spaces fund, water infrastructure in the city of Auburn and town of Owasco, a life sciences laboratory public health initiative, not-for- profit pounds, shelters and humane societies, arts and cultural facili- ties improvement program, restore New York's communities initiative, heavy equipment, economic development and infrastructure projects, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit projects, athletic facilities for professional football in Orchard Park, New York and other state costs associated with such projects. The aggregate prin- S. 4006--C 106 A. 3006--C cipal amount of bonds authorized to be issued pursuant to this section shall not exceed [fourteen billion nine hundred sixty-eight million four hundred two thousand dollars $14,968,402,000] SEVENTEEN BILLION SIX HUNDRED FIFTY-FIVE MILLION SIX HUNDRED TWO THOUSAND DOLLARS $17,655,602,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corpo- ration shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the corporation in undertak- ing the financing for project costs for the regional economic develop- ment council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding environs, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medicine, the olym- pic regional development authority, projects at nano Utica, onondaga county revitalization projects, Binghamton university school of pharma- cy, New York power electronics manufacturing consortium, regional infrastructure projects, New York State Capital Assistance Program for Transportation, infrastructure, and economic development, high tech innovation and economic development infrastructure program, high tech- nology manufacturing projects in Chautauqua and Erie county, an indus- trial scale research and development facility in Clinton county, upstate revitalization initiative projects, downstate revitalization initiative, market New York projects, fairground buildings, equipment or facilities used to house and promote agriculture, the state fair, the empire state trail, the moynihan station development project, the Kingsbridge armory project, strategic economic development projects, the cultural, arts and public spaces fund, water infrastructure in the city of Auburn and town of Owasco, a life sciences laboratory public health initiative, not-for- profit pounds, shelters and humane societies, arts and cultural facili- ties improvement program, restore New York's communities initiative, heavy equipment, economic development and infrastructure projects, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit projects, athletic facilities for professional football in Orchard Park, New York and other state costs associated with such projects the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormitory authority and the corporation agree, so as to annually provide to the dormitory authority and the corporation, in the aggregate, a sum not to exceed the principal, inter- est, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the S. 4006--C 107 A. 3006--C obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appro- priation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the corporation as security for its bonds and notes, as authorized by this section. § 41. Subdivision 1 of section 386-b of the public authorities law, as amended by section 44 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, the authority, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of financing peace bridge projects and capital costs of state and local highways, parkways, bridges, the New York state thruway, Indian reservation roads, and facilities, and transportation infrastruc- ture projects including aviation projects, non-MTA mass transit projects, and rail service preservation projects, including work appur- tenant and ancillary thereto. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [ten billion one hundred forty-seven million eight hundred sixty-three thou- sand dollars $10,147,863,000] TWELVE BILLION THREE HUNDRED EIGHT MILLION THREE HUNDRED ELEVEN THOUSAND DOLLARS $12,308,311,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the authority, the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority, the dormitory authority and the urban develop- ment corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 42. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 45 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (a) Subject to the provisions of chapter fifty-nine of the laws of two thousand, in order to enhance and encourage the promotion of housing programs and thereby achieve the stated purposes and objectives of such housing programs, the agency shall have the power and is hereby author- ized from time to time to issue negotiable housing program bonds and notes in such principal amount as shall be necessary to provide suffi- cient funds for the repayment of amounts disbursed (and not previously reimbursed) pursuant to law or any prior year making capital appropri- ations or reappropriations for the purposes of the housing program; provided, however, that the agency may issue such bonds and notes in an aggregate principal amount not exceeding [thirteen billion eighty-two million eight hundred ninety-one thousand dollars $13,082,891,000] THIR- TEEN BILLION SIX HUNDRED THIRTY-FIVE MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS $13,635,425,000, plus a principal amount of bonds issued to fund the debt service reserve fund in accordance with the debt service reserve fund requirement established by the agency and to fund S. 4006--C 108 A. 3006--C any other reserves that the agency reasonably deems necessary for the security or marketability of such bonds and to provide for the payment of fees and other charges and expenses, including underwriters' discount, trustee and rating agency fees, bond insurance, credit enhancement and liquidity enhancement related to the issuance of such bonds and notes. No reserve fund securing the housing program bonds shall be entitled or eligible to receive state funds apportioned or appropriated to maintain or restore such reserve fund at or to a partic- ular level, except to the extent of any deficiency resulting directly or indirectly from a failure of the state to appropriate or pay the agreed amount under any of the contracts provided for in subdivision four of this section. § 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 46 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs undertaken by or on behalf of the state educa- tion department, special act school districts, state-supported schools for the blind and deaf, approved private special education schools, non-public schools, community centers, day care facilities, residential camps, day camps, Native American Indian Nation schools, and other state costs associated with such capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [three hundred one million seven hundred thousand dollars $301,700,000] THREE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED NINETY-NINE THOUSAND DOLLARS $321,799,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 47 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the office of information technology services, depart- ment of law, and other state costs associated with such capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [one billion one hundred fifty-two million five hundred sixty-six thousand dollars $1,152,566,000] ONE BILLION THREE HUNDRED FIFTY-THREE MILLION EIGHT HUNDRED FIFTY-TWO THOUSAND DOLLARS $1,353,852,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of S. 4006--C 109 A. 3006--C issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 45. Paragraph (b) of subdivision 1 of section 385 of the public authorities law, as amended by section 48 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: (b) The authority is hereby authorized, as additional corporate purposes thereof solely upon the request of the director of the budget: (i) to issue special emergency highway and bridge trust fund bonds and notes for a term not to exceed thirty years and to incur obligations secured by the moneys appropriated from the dedicated highway and bridge trust fund established in section eighty-nine-b of the state finance law; (ii) to make available the proceeds in accordance with instructions provided by the director of the budget from the sale of such special emergency highway and bridge trust fund bonds, notes or other obli- gations, net of all costs to the authority in connection therewith, for the purposes of financing all or a portion of the costs of activities for which moneys in the dedicated highway and bridge trust fund estab- lished in section eighty-nine-b of the state finance law are authorized to be utilized or for the financing of disbursements made by the state for the activities authorized pursuant to section eighty-nine-b of the state finance law; and (iii) to enter into agreements with the commis- sioner of transportation pursuant to section ten-e of the highway law with respect to financing for any activities authorized pursuant to section eighty-nine-b of the state finance law, or agreements with the commissioner of transportation pursuant to sections ten-f and ten-g of the highway law in connection with activities on state highways pursuant to these sections, and (iv) to enter into service contracts, contracts, agreements, deeds and leases with the director of the budget or the commissioner of transportation and project sponsors and others to provide for the financing by the authority of activities authorized pursuant to section eighty-nine-b of the state finance law, and each of the director of the budget and the commissioner of transportation are hereby authorized to enter into service contracts, contracts, agree- ments, deeds and leases with the authority, project sponsors or others to provide for such financing. The authority shall not issue any bonds or notes in an amount in excess of [nineteen billion seven hundred seventy-six million nine hundred twenty thousand dollars $19,776,920,000] TWENTY BILLION SIX HUNDRED FORTY-EIGHT MILLION FIVE HUNDRED SEVEN THOUSAND DOLLARS $20,648,507,000, plus a principal amount of bonds or notes: (A) to fund capital reserve funds; (B) to provide capitalized interest; and, (C) to fund other costs of issuance. In computing for the purposes of this subdivision, the aggregate amount of indebtedness evidenced by bonds and notes of the authority issued pursu- ant to this section, as amended by a chapter of the laws of nineteen hundred ninety-six, there shall be excluded the amount of bonds or notes issued that would constitute interest under the United States Internal S. 4006--C 110 A. 3006--C Revenue Code of 1986, as amended, and the amount of indebtedness issued to refund or otherwise repay bonds or notes. § 46. Subdivision 1 of section 1680-r of the public authorities law, as amended by section 50 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the capital restructuring financing program for health care and related facilities licensed pursuant to the public health law or the mental hygiene law and other state costs associated with such capital projects, the health care facility transformation programs, the essential health care provider program, and other health care capital project costs. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [four billion six hundred fifty-three million dollars $4,653,000,000] FIVE BILLION ONE HUNDRED FIFTY-THREE MILLION DOLLARS $5,153,000,000, exclud- ing bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 47. Subdivision 1 of section 1680-k of the public authorities law, as amended by section 51 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any provisions of law to the contrary, the dormitory authority is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [forty million eight hundred thirty thousand dollars ($40,830,000)] FORTY MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS $40,945,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing the construction of the New York state agriculture and markets food laboratory. Eligible project costs may include, but not be limited to the cost of design, financing, site investigations, site acquisition and preparation, demolition, construction, rehabilitation, acquisition of machinery and equipment, and infrastructure improvements. Such bonds and notes of such authorized issuers shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuers for debt service and related expenses pursuant to any service contract executed pursuant to subdivision two of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S. 4006--C 111 A. 3006--C § 48. Paragraph (b) of subdivision 3 and clause (B) of subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- ter 63 of the laws of 2005, relating to the composition and responsibil- ities of the New York state higher education capital matching grant board, as amended by section 52 of part FFF of chapter 56 of the laws of 2022, are amended to read as follows: (b) Within amounts appropriated therefor, the board is hereby author- ized and directed to award matching capital grants totaling [three hundred forty-five million dollars $345,000,000] THREE HUNDRED EIGHTY- FIVE MILLION DOLLARS, $385,000,000. Each college shall be eligible for a grant award amount as determined by the calculations pursuant to subdi- vision five of this section. In addition, such colleges shall be eligi- ble to compete for additional funds pursuant to paragraph (h) of subdi- vision four of this section. (B) The dormitory authority shall not issue any bonds or notes in an amount in excess of [three hundred forty-five million dollars $345,000,000] THREE HUNDRED EIGHTY-FIVE MILLION DOLLARS, $385,000,000 for the purposes of this section; excluding bonds or notes issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Except for purposes of complying with the internal revenue code, any interest on bond proceeds shall only be used to pay debt service on such bonds. § 49. Paragraph (b) of subdivision 1 of section 54-b of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 54 of part FFF of chap- ter 56 of the laws of 2022, is amended to read as follows: (b) Notwithstanding any other provision of law to the contrary, including, specifically, the provisions of chapter 59 of the laws of 2000 and section sixty-seven-b of the state finance law, the dormitory authority of the state of New York and the corporation are hereby authorized to issue personal income tax revenue anticipation notes with a maturity no later than March 31, [2023] 2024, in one or more series in an aggregate principal amount for each fiscal year not to exceed three billion dollars, and to pay costs of issuance of such notes, for the purpose of temporarily financing budgetary needs of the state. Such purpose shall constitute an authorized purpose under subdivision two of section sixty-eight-a of the state finance law for all purposes of arti- cle five-C of the state finance law with respect to the notes authorized by this paragraph. Such notes shall not be renewed, extended or refunded. For so long as any notes authorized by this paragraph shall be outstanding, the restrictions, limitations and requirements contained in article five-B of the state finance law shall not apply. § 50. Paragraph (c) of subdivision 1 of section 55-b of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 55 of part FFF of chap- ter 56 of the laws of 2022, is amended to read as follows: (c) Notwithstanding any other provision of law to the contrary, including, specifically, the provisions of chapter 59 of the laws of 2000 and section 67-b of the state finance law, the dormitory authority of the state of New York and the urban development corporation are authorized until March 31, [2023] 2024 to: (i) enter into one or more line of credit facilities not in excess of [two] ONE billion dollars in aggregate principal amount; (ii) draw, at one or more times at the direction of the director of the budget, upon such line of credit facil- ities and provide to the state the amounts so drawn for the purpose of S. 4006--C 112 A. 3006--C assisting the state to temporarily finance its budgetary needs; provided, however, that the total principal amounts of such draws for each fiscal year shall not exceed [two] ONE billion dollars; and (iii) secure repayment of all draws under such line of credit facilities and the payment of related expenses and fees, which repayment and payment obligations shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed execu- tory only to the extent moneys are available and that no liability shall be incurred by the state beyond the moneys available for such purpose, and that such payment obligation is subject to annual appropriation by the legislature. Any line of credit facility agreements entered into by the dormitory authority of the state of New York and/or the urban devel- opment corporation with financial institutions pursuant to this section may contain such provisions that the dormitory authority of the state of New York and/or the urban development corporation deem necessary or desirable for the establishment of such credit facilities. The maximum term of any line of credit facility shall be one year from the date of incurrence; provided however that no draw on any such line of credit facility shall occur after March 31, [2023] 2024, and provided further that any such line of credit facility whose term extends beyond March 31, [2023] 2024 shall be supported by sufficient appropriation authority enacted by the legislature that provides for the repayment of all amounts drawn and remaining unpaid as of March 31, [2023] 2024, as well as the payment of related expenses and fees incurred and to become due and payable by the dormitory authority of the state of New York and/or the urban development corporation. § 51. Subdivisions 2 and 3 of section 58 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 56 of part FFF of chapter 56 of the laws of 2022, are amended and a new subdivision 5 is added to read as follows: 2. Definitions. When used in this section: (A) "Commission" shall mean the gateway development commission, a bi-state commission and a body corporate and politic established by the state of New Jersey and the state of New York, acting in the public interest and exercising essential governmental functions in accordance with the Gateway development commission act, and any successor thereto. (B) "Federal transportation loan" shall mean one or more loans made to the commission to finance the Hudson tunnel project under or pursuant to any U.S. Department of Transportation program or act, including but not limited to the Railroad Rehabilitation & Improvement Financing Program or the Transportation Infrastructure Finance and Innovation Act, which loan or loans are related to the state capital commitment. (C) "Gateway development commission act" shall mean chapter 108 of the laws of New York, 2019, as amended. (D) "Gateway project" shall mean the Hudson tunnel project. (E) "Hudson tunnel project" shall mean the project consisting of construction of a tunnel connecting the states of New York and New Jersey and the completion of certain ancillary facilities including construction of concrete casing at Hudson Yards in Manhattan, New York and the rehabilitation of the existing North River Tunnels. (F) "State capital commitment" shall mean (I) an aggregate principal amount not to exceed [$2,350,000,000] $2,850,000,000, plus (II) any interest costs, including capitalized interest, and (III) related expenses and fees, ALL OF WHICH SHALL BE payable by the state of New York to, OR AT THE DIRECTION OF, the commission under one or more S. 4006--C 113 A. 3006--C service contracts or other agreements pursuant to this section, as well as any expenses of the state incurred in connection therewith. (G) "Related expenses and fees" shall mean commitment fees, SERVICING AND MONITORING COSTS, CREDIT RISK PREMIUM PAYMENTS AND SIMILAR CHARGES, ADMINISTRATIVE FEES and other ancillary costs, expenses and fees incurred, and to become due and payable, by the commission in connection with the Federal transportation loan, OR BY THE STATE IN CONNECTION WITH ANY SERVICE CONTRACT. 3. Notwithstanding any other provision of law to the contrary, in order to provide for the payment for the state capital commitment, the director of the budget is hereby authorized to enter into one or more service contracts or other agreements with the commission, none of which shall exceed the maximum duration of the Federal transportation loan, upon such terms and conditions as the director of the budget and commis- sion agree, so as to provide to OR AT THE DIRECTION OF the commission, for each state fiscal year, a sum not to exceed the amount required [for the payment of the state capital commitment] TO BE PAID AS PRINCIPAL AND INTEREST UNDER THE FEDERAL TRANSPORTATION LOAN FOR SUCH FISCAL YEAR, PLUS RELATED EXPENSES AND FEES for such fiscal year. Any such service contract or other agreement shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available, that no liability shall be incurred by the state beyond the monies available for such purpose, and that such obligation is subject to annual appropriation by the legislature. Any such service contract or other agreement and any payments made or to be made thereunder may be assigned and pledged by the commission as security for the repayment by the commission of the Federal transportation loan. 5. ON OR BEFORE THE BEGINNING OF EACH QUARTER, THE DIRECTOR OF THE BUDGET SHALL CERTIFY TO THE STATE COMPTROLLER THE ESTIMATED AMOUNT OF MONIES THAT SHALL BE RESERVED IN THE GENERAL DEBT SERVICE FUND FOR PAYMENT PURSUANT TO ANY SERVICE CONTRACT AUTHORIZED BY SUBDIVISION 3 OF THIS SECTION PAYABLE BY SUCH FUND DURING EACH MONTH OF THE STATE FISCAL YEAR. SUCH CERTIFICATE MAY BE PERIODICALLY UPDATED, AS NECESSARY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE STATE COMP- TROLLER SHALL RESERVE IN THE GENERAL DEBT SERVICE FUND THE AMOUNT OF MONIES IDENTIFIED ON SUCH CERTIFICATE AS NECESSARY FOR PAYMENT PURSUANT TO ANY SERVICE CONTRACT AUTHORIZED BY SUBDIVISION 3 OF THIS SECTION DURING THE CURRENT OR NEXT SUCCEEDING QUARTER OF THE STATE FISCAL YEAR. SUCH MONIES SO RESERVED SHALL NOT BE AVAILABLE FOR ANY OTHER PURPOSE. SUCH CERTIFICATE SHALL BE REPORTED TO THE CHAIRPERSONS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE. § 52. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2024 the following amounts from the following special revenue accounts or enterprise funds to the gener- al fund, for the purposes of offsetting principal and interest costs, incurred by the state pursuant to section fifty-four of this act, provided that the annual amount of the transfer shall be no more than the principal and interest that would have otherwise been due to the power authority of the state of New York, from any state agency, in a given state fiscal year. Amounts pertaining to special revenue accounts assigned to the state university of New York shall be considered inter- changeable between the designated special revenue accounts as to meet the requirements of this section and section fifty-four of this act: S. 4006--C 114 A. 3006--C 1. $15,000,000 from the miscellaneous special revenue fund, state university general income reimbursable account (22653). 2. $5,000,000 from the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 3. $5,000,000 from the enterprise fund, city university senior college operating fund (60851). § 53. Section 59 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 59 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: § 59. The dormitory authority of the state of New York, the New York state urban development corporation, and the New York state thruway authority are hereby authorized to issue bonds in one or more series under either article 5-C or article 5-F of the state finance law for the purpose of refunding obligations of the power authority of the state of New York to fund energy efficiency projects at state agencies including, but not limited to, the state university of New York, city university of New York, the New York state office of general services, New York state office of mental health, state education department, and New York state department of agriculture and markets. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [two hundred million dollars ($200,000,000)] FOUR HUNDRED SEVEN- TY-FIVE MILLION DOLLARS ($475,000,000), excluding bonds issued to pay costs of issuance of such bonds and to refund or otherwise repay such bonds. Such bonds issued by the dormitory authority of the state of New York, the New York state urban development corporation, and New York state thruway authority shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state under article 5-C or article 5-F of the state finance law, as applicable. § 54. Subdivision 1 of section 386-a of the public authorities law, as amended by section 49 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, the authority, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities as defined in subdivision seventeen of section twelve hundred sixty-one of this chapter or other capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed twelve billion five hundred fifteen million eight hundred fifty-six thousand dollars $12,515,856,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the authority, the dormitory authority and the urban develop- ment corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority, the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. Notwithstanding any other provision of law to the contrary, including the limitations contained in subdivision four of S. 4006--C 115 A. 3006--C section sixty-seven-b of the state finance law, (A) any bonds and notes issued prior to April first, two thousand [twenty-three] TWENTY-FOUR pursuant to this section may be issued with a maximum maturity of fifty years, and (B) any bonds issued to refund such bonds and notes may be issued with a maximum maturity of fifty years from the respective date of original issuance of such bonds and notes. § 55. Paragraph (b) of subdivision 4 of section 72 of the state finance law, as amended by section 46 of part JJ of chapter 56 of the laws of 2020, is amended to read as follows: (b) On or before the beginning of each quarter, the director of the budget may certify to the state comptroller the estimated amount of monies that shall be reserved in the general debt service fund for the payment of debt service and related expenses payable by such fund during each month of the state fiscal year, excluding payments due from the revenue bond tax fund. Such certificate may be periodically updated, as necessary. Notwithstanding any provision of law to the contrary, the state comptroller shall reserve in the general debt service fund the amount of monies identified on such certificate as necessary for the payment of debt service and related expenses during the current or next succeeding quarter of the state fiscal year. Such monies reserved shall not be available for any other purpose. Such certificate shall be reported to the chairpersons of the Senate Finance Committee and the Assembly Ways and Means Committee. The provisions of this paragraph shall expire June thirtieth, two thousand [twenty-three] TWENTY-SIX. § 56. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023; provided, however, that the provisions of sections one, one-a, two, three, four, five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- teen, eighteen, nineteen, twenty and twenty-two, of this act shall expire March 31, 2024 when upon such date the provisions of such sections shall be deemed repealed. PART QQ Section 1. Section 1005 of the public authorities law is amended by adding a new subdivision 27-a to read as follows: 27-A. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED, TO: (I) PLAN, DESIGN, DEVELOP, FINANCE, CONSTRUCT, OWN, OPERATE, MAINTAIN AND IMPROVE, EITHER ALONE, OR JOINTLY WITH OTHER ENTITIES THROUGH THE USE OF PUBLIC-PRIVATE AGREEMENTS ESTABLISHED IN PARAGRAPH (F) OF THIS SUBDIVISION, RENEWABLE ENERGY GENERATING PROJECTS IN THE STATE, INCLUD- ING ITS TERRITORIAL WATERS, AND/OR ON PROPERTY OR IN WATERS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE UNITED STATES, OR ANY COMPO- NENT THEREOF, TO: SUPPORT THE STATE'S RENEWABLE ENERGY GOALS ESTAB- LISHED PURSUANT TO THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT; PROVIDE OR MAINTAIN AN ADEQUATE AND RELIABLE SUPPLY OF ELECTRIC POWER AND ENERGY IN THE STATE, INCLUDING BUT NOT LIMITED TO, HIGH NEED AREAS AND COMMUNITIES SERVED BY SMALL NATURAL GAS POWER PLANTS AS DEFINED IN THIS SECTION; AND SUPPORT THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION; SUBJECT TO THE STRATEGIC PLAN DEVELOPED AND UPDATED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION APPROVED BY THE TRUSTEES OF THE AUTHORITY, PROVIDED THAT THE AUTHORITY, OR A WHOLLY OWNED SUBSIDIARY THEREOF, SHALL AT ALL TIMES MAINTAIN MAJORITY OWNERSHIP OF ANY SUCH PROJECT, AND PROVIDED FURTHER THAT THE AUTHORITY, ANY SUBSIDIARY THERE- OF, OR ANY OTHER ENTITY PARTICIPATING IN A PUBLIC-PRIVATE AGREEMENT S. 4006--C 116 A. 3006--C ESTABLISHED IN PARAGRAPH (F) OF THIS SUBDIVISION, SHALL ONLY DESIGN, DEVELOP, FINANCE, CONSTRUCT, OWN, OPERATE, MAINTAIN AND IMPROVE PROJECTS PURSUANT TO THIS SUBDIVISION THAT HAVE BEEN IDENTIFIED IN THE STRATEGIC PLAN OR ITS UPDATES AS PROVIDED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF THIS SUBDIVISION; AND (II) NOTWITHSTANDING ANY CONFLICTING PROVISION OF TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER, ACQUIRE FROM WILLING SELLERS, LEASE, OR DISPOSE OF PROPERTY INTERESTS RELATED TO THE DEVELOPMENT OR DISPOSITION OF RENEWABLE ENERGY GENERATING PROJECTS AUTHORIZED BY THIS PARAGRAPH THROUGH A COMPETITIVE SELECTION PROCESS OR BY NEGOTIATION, PROVIDED THAT THE AUTHORITY AND ANY SUBSIDIARY THEREOF SHALL RECEIVE NOT LESS THAN FAIR MARKET VALUE, SUPPORTED BY AN APPRAISAL PREPARED BY AN INDEPENDENT APPRAISER, FOR THE DISPOSAL OF ANY INTEREST IN ANY RENEWABLE ENERGY GENERATING PROJECT. (B) THE AUTHORITY, ITS SUBSIDIARIES OR ANY ENTITY PARTICIPATING IN A PUBLIC-PRIVATE AGREEMENT ESTABLISHED IN PARAGRAPH (F) OF THIS SUBDIVI- SION OR ACTING ON BEHALF OF THE AUTHORITY, WHEN DEVELOPING RENEWABLE ENERGY GENERATING PROJECTS AUTHORIZED IN THIS SUBDIVISION, OR SUBDIVI- SION TWENTY-SEVEN-B OF THIS SECTION, SHALL: (I) NOT DEVELOP, EXCEPT WHEN NECESSARY FOR GENERATOR LEAD LINES AND OTHER EQUIPMENT NEEDED FOR INTER- CONNECTION OF PROJECTS TO THE ELECTRIC SYSTEM, ON PROPERTY THAT CONSISTS OF LAND USED IN AGRICULTURAL PRODUCTION, TAKING INTO CONSIDERATION WHETHER THE LAND IS WITHIN AN AGRICULTURAL DISTRICT OR CONTAINS MINERAL SOIL GROUPS 1-4, AS DEFINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS, UNLESS A RENEWABLE ENERGY GENERATION PROJECT IS IN FURTHERANCE OF AN AGRIVOLTAICS PROJECT; (II) MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH AND PUBLIC SAFETY; AND (III) NOT BUILD ON LANDS LOCATED UPON ANY NATIVE AMERICAN TERRITORY OR RESERVATION LOCATED WHOLLY OR PARTLY WITHIN THE STATE, EXCEPT THROUGH VOLUNTARY SALE OR OTHER AGREE- MENT FOR SUCH USE WITH THE CONSENT OF THE RELEVANT NATION AND ANY REQUIRED CONSENT OF THE FEDERAL GOVERNMENT. (C) RENEWABLE ENERGY GENERATING PROJECTS DEVELOPED BY THE AUTHORITY, OR A WHOLLY OWNED SUBSIDIARY, PURSUANT TO THIS SUBDIVISION OR SUBDIVI- SION TWENTY-SEVEN-B OF THIS SECTION THAT MEET ELIGIBILITY CRITERIA UNDER STATE PROGRAMS ADMINISTERED BY THE PUBLIC SERVICE COMMISSION AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL BE ELIGIBLE TO RECEIVE RENEWABLE ENERGY CERTIFICATES IN ACCORDANCE WITH SUCH PROGRAMS CONSISTENT WITH LAWS AND REGULATIONS. (D) NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, AND ANNUALLY THEREAFTER, THE AUTHORITY SHALL CONFER WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF RENEWABLE ENERGY SITING, THE DEPARTMENT OF PUBLIC SERVICE, CLIMATE AND RESILIENCY EXPERTS, LABOR ORGANIZATIONS, AND ENVIRONMENTAL JUSTICE AND COMMUNITY ORGANIZATIONS CONCERNING THE STATE'S PROGRESS ON MEETING THE RENEWABLE ENERGY GOALS ESTABLISHED BY THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. WHEN EXERCISING THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, THE INFORMATION DEVELOPED THROUGH SUCH CONFERRAL SHALL BE USED TO IDENTIFY PROJECTS TO HELP ENSURE THAT THE STATE MEETS ITS GOALS UNDER THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. ANY CONFERRAL PROVIDED FOR IN THIS PARAGRAPH SHALL INCLUDE CONSIDERATION OF THE TIMING OF PROJECTS IN THE INTERCONNECTION QUEUE OF THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE, TAKING INTO ACCOUNT BOTH CAPACITY FACTORS OR PLANNED PROJECTS AND THE INTERCONNECTION QUEUE'S HISTORICAL COMPLETION RATE. A REPORT ON THE INFORMATION DEVELOPED THROUGH SUCH CONFERRAL SHALL BE PUBLISHED AND MADE ACCESSIBLE ON THE WEBSITE OF THE AUTHORITY. S. 4006--C 117 A. 3006--C (E) (I) BEGINNING IN TWO THOUSAND TWENTY-FIVE, AND BIENNIALLY THERE- AFTER UNTIL TWO THOUSAND THIRTY-THREE, THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF RENEWABLE ENERGY SITING, THE DEPARTMENT OF PUBLIC SERVICE, AND THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE, SHALL DEVELOP AND PUBLISH BIENNIALLY A RENEWABLE ENERGY GENER- ATION STRATEGIC PLAN ("STRATEGIC PLAN") THAT IDENTIFIES THE RENEWABLE ENERGY GENERATING PRIORITIES BASED ON THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION FOR THE TWO-YEAR PERIOD COVERED BY THE PLAN AS FURTHER PROVIDED FOR IN THIS PARAGRAPH. (II) IN DEVELOPING, AND UPDATING, THE STRATEGIC PLAN, THE AUTHORITY SHALL CONSIDER: (A) INFORMATION DEVELOPED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVI- SION; (B) HIGH NEED AREAS WHERE TRANSMISSION AND DISTRIBUTION UPGRADES WILL BE NECESSARY TO INTERCONNECT NEW RENEWABLE ENERGY GENERATION PROJECTS; (C) THE FEASIBILITY OF PROJECTS, BASED ON COSTS, POTENTIAL BENEFITS, AND OTHER RELEVANT CONSIDERATIONS; (D) THE FISCAL CONDITION OF THE AUTHORITY AND THE IMPACTS OF POTENTIAL RENEWABLE ENERGY GENERATING PROJECTS ON THE AUTHORITY AND ITS SUBSID- IARIES; (E) WAYS TO MINIMIZE ANY NEGATIVE TAX REVENUE IMPACTS ON MUNICI- PALITIES THAT HOST RENEWABLE ENERGY GENERATING PROJECTS, INCLUDING BUT NOT LIMITED TO, PILOT AND/OR COMMUNITY BENEFIT AGREEMENTS; (F) THE TIMING, CHARACTERISTICS AND SIZE OF THE RENEWABLE ENERGY GENERATING PROJECTS IN THE INTERCONNECTION QUEUE OF THE FEDERALLY DESIG- NATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE; (G) IN CONSULTATION WITH THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE, THE POWER, ENERGY AND ANCILLARY SERVICES PROVIDED BY PLANNED RENEWABLE ENERGY GENERATING PROJECTS, TAKING INTO ACCOUNT THE HISTORICAL COMPLETION RATE OF SIMILAR PROJECTS; AND (H) OPPORTUNITIES TO WORK IN PARTNERSHIP WITH PRIVATE SECTOR RENEWABLE ENERGY DEVELOPERS TO ACCELERATE ACTIVITY, CATALYZE GREATER SCALE, AND SPUR ADDITIONAL MARKET PARTICIPATION. (III) THE STRATEGIC PLAN SHALL ADDRESS THE PURPOSES STATED IN PARA- GRAPH (A) OF THIS SUBDIVISION, AND PRIORITIZE PROJECTS THAT: (A) ACTIVELY BENEFIT DISADVANTAGED COMMUNITIES; (B) SERVE PUBLICLY-OWNED FACILITIES; AND (C) SUPPORT THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION. (IV) THE STRATEGIC PLAN SHALL ASSESS AND IDENTIFY AT A MINIMUM: (A) RENEWABLE ENERGY GENERATING HIGH NEED AND PRIORITY AREAS; (B) PRIORITY LOCATIONS FOR THE DEVELOPMENT OF RENEWABLE ENERGY GENER- ATING PROJECTS; (C) THE TYPES AND CAPACITY OF RENEWABLE ENERGY RESOURCES TO BE UTILIZED; (D) THE ESTIMATED COST OF RENEWABLE ENERGY GENERATING PROJECTS TO THE EXTENT KNOWN; (E) A DESCRIPTION OF ANY DELAYS OR ANTICIPATED DELAYS ASSOCIATED WITH COMPLETION OF THE RENEWABLE ENERGY GENERATING PROJECTS; (F) WHICH OF THE INTENDED PURPOSES IN PARAGRAPH (A) OF THIS SUBDIVI- SION EACH RENEWABLE ENERGY GENERATING PROJECT IS INTENDED TO SUPPORT; (G) ANY PRIORITIZATION GIVEN TO THE ORDER OF DEVELOPMENT OF RENEWABLE ENERGY GENERATING PROJECTS; (H) THE BENEFITS ASSOCIATED WITH THE RENEWABLE ENERGY GENERATING PROJECTS, INCLUDING ANY BENEFITS TO DISADVANTAGED COMMUNITIES; S. 4006--C 118 A. 3006--C (I) ANY BENEFITS TO RATE PAYERS; (J) THE STATE'S PROGRESS TOWARDS ACHIEVING THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT; AND (K) ANY OTHER INFORMATION THE AUTHORITY DETERMINES TO BE APPROPRIATE. (V) THE PLAN SHALL INCLUDE A LIST OF PROPOSED RENEWABLE ENERGY GENER- ATING PROJECTS. SUCH LIST SHALL INCLUDE PROJECTS THAT ARE PLANNED TO BE COMMENCED PRIOR TO THE NEXT UPDATE OR VERSION OF THE PLAN, AND AT THE AUTHORITY'S DISCRETION NEED NOT INCLUDE ANY PROJECTS IN THE PLANNING STAGE. EACH PROPOSED PROJECT LISTED SHALL INCLUDE, WITHOUT LIMITATION: (A) LOCATION OF THE PROJECT, TO THE EXTENT THAT PROPERTY ASSOCIATED WITH SUCH LOCATION HAS BEEN SECURED FOR THE PROPOSED PROJECT; (B) THE TYPE, OR TYPES, OF RENEWABLE ENERGY RESOURCES UTILIZED; (C) THE POTENTIAL GENERATING CAPACITY OF EACH PROJECT; (D) THE ESTIMATED PROJECT COST; (E) THE TIMELINE FOR COMPLETION; AND (F) THE ENTITY UNDERTAKING THE PROPOSED PROJECT AND ANY PUBLIC PART- NERSHIP AGREEMENTS THE AUTHORITY OR ITS SUBSIDIARIES ENTER INTO FOR SUCH PROJECT. (VI) IN DEVELOPING THE STRATEGIC PLAN, THE AUTHORITY SHALL CONSULT WITH STAKEHOLDERS INCLUDING, WITHOUT LIMITATION, CLIMATE AND RESILIENCY EXPERTS, LABOR ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, DISAD- VANTAGED COMMUNITY MEMBERS, RESIDENTIAL AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY ORGANIZATIONS. THE AUTHORITY SHALL ALSO SEEK, WHERE POSSIBLE, COMMUNITY INPUT THROUGH THE REGIONAL CLEAN ENERGY HUBS PROGRAM ADMINISTERED BY THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (VII) THE AUTHORITY SHALL POST A DRAFT OF THE STRATEGIC PLAN ON ITS WEBSITE FOR PUBLIC COMMENT FOR A PERIOD OF AT LEAST SIXTY DAYS, AND SHALL HOLD AT LEAST THREE PUBLIC HEARINGS ON THE DRAFT STRATEGIC PLAN IN REGIONALLY DIVERSE PARTS OF THE STATE. (VIII) THE AUTHORITY SHALL AFTER CONSIDERING THE STAKEHOLDER INPUT PUBLISH THE FIRST FINAL STRATEGIC PLAN ON ITS WEBSITE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. (IX) THE AUTHORITY, UNTIL TWO THOUSAND THIRTY-FIVE, SHALL UPDATE EACH BIENNIAL STRATEGIC PLAN ANNUALLY, AFTER A PUBLIC COMMENT PERIOD OF AT LEAST THIRTY DAYS AND AT LEAST ONE PUBLIC HEARING. SUCH UPDATED STRATEGIC PLAN SHALL INCLUDE A REVIEW OF THE IMPLEMENTATION OF THE PROJECTS PREVIOUSLY INCLUDED IN THE STRATEGIC PLAN WITH NECESSARY UPDATES, INCLUDING STATUS IN THE INTERCONNECTION QUEUE. THE AUTHORITY MAY UPDATE THE PLAN MORE OFTEN THAN ANNUALLY PROVIDED THAT IT FOLLOWS THE PUBLIC COMMENT AND PUBLIC HEARING PROCESS FOR UPDATED PLANS PRESCRIBED BY THIS PARAGRAPH. (X) THE STRATEGIC PLAN AND ANY UPDATE THEREOF SHALL NOT BE DEEMED FINAL UNTIL IT IS APPROVED BY THE AUTHORITY'S TRUSTEES. (F) THE AUTHORITY SHALL HAVE THE RIGHT TO EXERCISE AND PERFORM ALL OR PART OF ITS POWERS AND FUNCTIONS PURSUANT TO THIS SUBDIVISION OR SUBDI- VISION TWENTY-SEVEN-B OF THIS SECTION, THROUGH ONE OR MORE WHOLLY OWNED SUBSIDIARIES. THE AUTHORITY MAY FORM SUCH SUBSIDIARY BY ACQUIRING THE VOTING SHARES THEREOF OR BY RESOLUTION OF THE BOARD DIRECTING ANY OF ITS TRUSTEES, OFFICERS OR EMPLOYEES TO ORGANIZE A SUBSIDIARY PURSUANT TO THE BUSINESS CORPORATION LAW, OR THE NOT-FOR-PROFIT CORPORATION LAW, OR AS OTHERWISE AUTHORIZED BY LAW. SUCH RESOLUTION SHALL PRESCRIBE THE PURPOSE FOR WHICH SUCH SUBSIDIARY IS TO BE FORMED, WHICH SHALL NOT BE INCONSIST- ENT WITH THE PROVISIONS OF THIS SUBDIVISION. EACH SUCH SUBSIDIARY PURSU- ANT TO THIS SUBDIVISION SHALL BE SUBJECT TO ANY PROVISION OF THIS CHAP- TER PERTAINING TO SUBSIDIARIES OF PUBLIC AUTHORITIES, EXCEPT THAT SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN-A OF THIS S. 4006--C 119 A. 3006--C CHAPTER SHALL NOT APPLY TO ANY SUBSIDIARY ORGANIZED PURSUANT TO THIS SECTION. THE AUTHORITY MAY TRANSFER TO ANY SUCH SUBSIDIARY ANY MONEYS, PROPERTY (REAL, PERSONAL OR MIXED) OR FACILITIES IN ORDER TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION. EACH SUCH SUBSIDIARY SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THE STATUTE OR STATUTES PURSUANT TO WHICH SUCH SUBSIDIARY WAS INCORPORATED; PROVIDED, HOWEVER, THAT IN ANY EVENT ANY SUCH SUBSIDIARY SHALL BE ENTI- TLED TO EXEMPTIONS FROM THE PUBLIC SERVICE LAW AND ANY REGULATION BY, OR THE JURISDICTION OF, THE PUBLIC SERVICE COMMISSION, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION. IN EXERCISING THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, THE AUTHORITY OR ANY SUBSIDIARY THEREOF, MAY ENTER INTO PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS, TO THE EXTENT THE AUTHORITY DETERMINES THAT SUCH COLLABORATIONS ARE IN THE BEST INTEREST OF THE STATE, AND NECESSARY TO MITIGATE FINANCIAL RISKS TO THE AUTHORITY TO MANAGEABLE LEVELS AS DETERMINED BY THE TRUSTEES. NOTHING IN THIS SUBDI- VISION SHALL BE CONSTRUED AS AUTHORIZING ANY PRIVATE ENTITY THAT ENTERS INTO A PUBLIC-PRIVATE PARTNERSHIP OR A SIMILAR AGREEMENT, OR ANY CONTRACT AUTHORIZED HEREIN, WITH THE AUTHORITY OR A SUBSIDIARY THEREOF, TO RECEIVE, EXERCISE OR CLAIM ENTITLEMENT TO ANY OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS OR OTHER EXEMPTIONS OF THE AUTHORITY OR ANY SUBSIDIARY THEREOF. (G) THE SOURCE OF ANY FINANCING AND/OR LOANS FOR ANY OF THE ACTIONS AUTHORIZED IN THIS SUBDIVISION MAY INCLUDE: (I) THE PROCEEDS OF NOTES ISSUED PURSUANT TO SECTION ONE THOUSAND NINE-A OF THIS TITLE; (II) THE PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION ONE THOUSAND TEN OF THIS TITLE; (III) OTHER FUNDS MADE AVAILABLE BY THE AUTHORITY FOR SUCH PURPOSES; OR (IV) ANY OTHER FUNDS MADE AVAILABLE TO THE AUTHORITY FROM NON-AUTHORITY SOURCES INCLUDING BUT NOT LIMITED TO STATE OR FEDERAL MONIES. (H) FOR ANY RENEWABLE ENERGY GENERATING PROJECT AUTHORIZED BY THIS SUBDIVISION, IDENTIFIED IN THE STRATEGIC PLAN AND DEVELOPED AFTER ITS EFFECTIVE DATE, THE AUTHORITY IS AUTHORIZED, PURSUANT TO LAW AND REGU- LATION, TO: (I) SELL RENEWABLE ENERGY CREDITS OR ATTRIBUTES TO, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, INCLUDING FOR THE PURPOSE OF SUPPORTING THE GREENHOUSE GAS EMISSION REDUCTION GOALS IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT; (II) SELL RENEWABLE POWER AND ENERGY AND ANCILLARY SERVICES TO, OR INTO, MARKETS OPERATED BY THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE; (III) SELL RENEWABLE POWER AND ENERGY AND RENEWABLE ENERGY CREDITS OR ATTRIBUTES TO: (A) ANY LOAD SERVING ENTITY IN THE STATE, INCLUDING THE LONG ISLAND POWER AUTHORITY (DIRECTLY, OR THROUGH ITS SERVICE PROVIDER, AS APPROPRIATE), INCLUDING BUT NOT LIMITED TO THE PURPOSE OF PROVIDING BILL CREDITS TO LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS AS PROVIDED FOR IN SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION; (B) MANUFACTURERS OF GREEN HYDROGEN PRODUCED THROUGH ELECTROLYSIS OR OTHER ZERO-EMISSION TECHNOLOGY TO DISPLACE FOSSIL FUEL USE IN THE STATE FOR USE AT FACILITIES LOCATED IN THE STATE; (C) ANY PUBLIC ENTITY OR AUTHORITY CUSTOMER; (D) COMMUNITY DISTRIBUTED GENERATION PROVIDERS, ENERGY AGGREGATORS AND SIMILAR ENTITIES FOR THE BENEFIT OF SUBSCRIBERS TO COMMUNITY DISTRIBUTED S. 4006--C 120 A. 3006--C GENERATION PROJECTS IN THE STATE, INCLUDING LOW-INCOME OR MODERATE-IN- COME END-USE ELECTRICITY CONSUMERS LOCATED IN DISADVANTAGED COMMUNITIES; AND (E) ANY CCA COMMUNITY. (I) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED IN THIS PARAGRAPH UNLESS THE CONTEXT INDICATES ANOTHER MEANING OR INTENT: (I) "AUTHORITY CUSTOMER" MEANS AN ENTITY LOCATED IN THE STATE TO WHICH THE AUTHORITY SELLS OR IS UNDER CONTRACT TO SELL POWER OR ENERGY UNDER THE AUTHORITY IN THIS TITLE OR ANY OTHER LAW. (II) "CCA COMMUNITY" MEANS ONE OR MORE MUNICIPAL CORPORATIONS LOCATED WITHIN THE STATE THAT HAVE PROVIDED FOR THE PURCHASE OF POWER, ENERGY, OR RENEWABLE ENERGY CREDITS OR OTHER ATTRIBUTES UNDER A CCA PROGRAM. (III) "CCA PROGRAM" MEANS A COMMUNITY CHOICE AGGREGATION PROGRAM APPROVED BY THE PUBLIC SERVICE COMMISSION. (IV) "DISADVANTAGED COMMUNITIES" HAS THE MEANING ASCRIBED TO THAT TERM BY SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. (V) "PUBLIC ENTITY" HAS THE SAME MEANING AS IN SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION. (VI) "RENEWABLE ENERGY GENERATING PROJECT" OR "PROJECT" MEANS: (A) FACILITIES THAT GENERATE POWER AND ENERGY BY MEANS OF A RENEWABLE ENERGY SYSTEM; (B) FACILITIES THAT STORE AND DISCHARGE POWER AND ENERGY; AND (C) FACILITIES, INCLUDING GENERATOR LEAD LINES, FOR INTERCONNECTION OF RENEWABLE ENERGY GENERATING PROJECTS TO DELIVERY POINTS WITHIN THE STATE OF NEW YORK. (VII) "RENEWABLE ENERGY SYSTEM" HAS THE SAME MEANING AS SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. (J) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESI- DENT OF THE SENATE, AND SHALL POST SUCH REPORT ON THE AUTHORITY'S WEBSITE SUCH THAT THE REPORT IS ACCESSIBLE FOR PUBLIC REVIEW. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) A DESCRIPTION OF THE RENEWABLE ENERGY PROJECTS THE AUTHORITY HAS PLANNED, DESIGNED, DEVELOPED, FINANCED, OR CONSTRUCTED AND THAT IT OWNS, OPERATES, MAINTAINS OR IMPROVES, ALONE OR JOINTLY WITH OTHER ENTITIES, UNDER THE AUTHORITY OF THIS SUBDIVISION; (II) A DESCRIPTION OF THE ACQUISITION, LEASE OR OTHER DISPOSITION OF INTERESTS IN RENEWABLE ENERGY GENERATING PROJECTS BY THE AUTHORITY UNDER THIS SUBDIVISION; (III) A LISTING OF ALL RENEWABLE POWER, ENERGY, ANCILLARY SERVICES AND RELATED CREDITS AND ATTRIBUTES SOLD OR PURCHASED BY THE AUTHORITY FROM SUCH PROJECTS; (IV) A LISTING OF THE ENTITIES TO WHICH THE AUTHORITY HAS SUPPLIED, ALLOCATED OR SOLD ANY RENEWABLE POWER, ENERGY, ANCILLARY SERVICES OR RELATED CREDITS OR ATTRIBUTES FROM SUCH PROJECTS; (V) A LISTING AND DESCRIPTION OF ALL SUBSIDIARIES THAT THE AUTHORITY FORMED, PUBLIC-PRIVATE PARTNERSHIPS THE AUTHORITY HAS JOINED, AND THE SUBSIDIARIES AND PUBLIC-PRIVATE PARTNERSHIPS FROM AND TO WHICH THE AUTHORITY ACQUIRED OR TRANSFERRED ANY INTERESTS; (VI) THE TOTAL AMOUNT OF REVENUES GENERATED FROM THE SALE OF RENEWABLE ENERGY PRODUCTS FROM SUCH PROJECTS; AND (VII) AN EXPLANATION OF HOW EACH RENEWABLE ENERGY GENERATION PROJECT SUPPORTS THE PURPOSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. S. 4006--C 121 A. 3006--C (K) ALL RENEWABLE ENERGY GENERATING PROJECTS SUBJECT TO THIS SUBDIVI- SION AND SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION SHALL BE DEEMED PUBLIC WORK AND SUBJECT TO AND PERFORMED IN ACCORDANCE WITH ARTICLES EIGHT AND NINE OF THE LABOR LAW. EACH CONTRACT FOR SUCH RENEWABLE ENERGY GENERATING PROJECT SHALL CONTAIN A PROVISION THAT SUCH PROJECTS MAY ONLY BE UNDERTAKEN PURSUANT TO A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION AND SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN- IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. (L) THE AUTHORITY SHALL INCLUDE REQUIREMENTS IN ANY PROCUREMENT OR DEVELOPMENT OF A RENEWABLE ENERGY GENERATING PROJECT, AS DEFINED IN THIS SUBDIVISION, THAT THE COMPONENTS AND PARTS SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S PRESIDENT AND CHIEF EXECUTIVE OFFICER, OR HIS OR HER DESIGNEE MAY WAIVE THE PROCUREMENT AND DEVELOPMENT REQUIRE- MENTS SET FORTH IN THIS PARAGRAPH IF SUCH OFFICIAL DETERMINES THAT: THE REQUIREMENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT IN UNREASONABLE COSTS; OBTAINING SUCH INFRASTRUCTURE COMPONENTS AND PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY GENERATING PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE PRODUCED, MADE, OR ASSEMBLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALI- TY. SUCH DETERMINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-FIRST, AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, AND SUCH DETERMINATION SHALL BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF THE AUTHORITY'S PRESIDENT AND CHIEF EXECUTIVE OFFICER, OR HIS OR HER DESIGNEE, HAS ISSUED DETERMI- NATIONS FOR THREE CONSECUTIVE YEARS FINDING THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS PARAGRAPH, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATION REQUIRED BY THIS PARA- GRAPH. (M) (I) NOTHING IN THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUD- ING, BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES OF THE AUTHORITY. (II) NOTHING IN THIS ARTICLE SHALL RESULT IN: (A) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS; (B) THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE- MENTS; (C) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (D) THE TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK- ER OF THE STATE OR ANY AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY OF NEW YORK. (N) THE AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE OPERATION AND MAINTENANCE OF A RENEWABLE ENERGY GENERATING PROJECT DEVELOPED PURSUANT TO THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN OF S. 4006--C 122 A. 3006--C THIS SECTION WITH A BONA FIDE LABOR ORGANIZATION OF JURISDICTION THAT IS ACTIVELY ENGAGED IN REPRESENTING TRANSITIONING EMPLOYEES FROM NON-RENEW- ABLE GENERATION FACILITIES. SUCH MEMORANDUM SHALL BE ENTERED INTO PRIOR TO THE COMPLETION DATE OF A RENEWABLE ENERGY GENERATING PROJECT AND SHALL BE AN ONGOING MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN A RENEWABLE ENERGY GENERATING PROJECT DEVELOPED PURSUANT TO THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION. THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECESSARY FOR THE MAINTE- NANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENERATING PROJECTS. SUCH MEMORANDUM SHALL CONTAIN BUT NOT BE LIMITED TO SAFETY AND TRAINING STAN- DARDS, DISASTER RESPONSE MEASURES, GUARANTEED HOURS, STAFFING LEVELS, PAY RATE PROTECTION, AND RETRAINING PROGRAMS. THE EMPLOYEES ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM A POOL OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOYMENT OR WILL BE LOSING THEIR EMPLOY- MENT IN THE NON-RENEWABLE ENERGY GENERATION SECTOR. SUCH LIST OF POTEN- TIAL EMPLOYEES WILL BE PROVIDED BY AFFECTED LABOR ORGANIZATIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE DEPARTMENT OF LABOR SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS PRIOR TO PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION. (O) FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, ANY PERSON ENTERING INTO A CONTRACT FOR A PROJECT AUTHORIZED PURSUANT TO THIS SECTION SHALL BE DEEMED A STATE AGENCY AS THAT TERM IS DEFINED IN SUCH ARTICLE AND SUCH CONTRACTS SHALL BE DEEMED STATE CONTRACTS WITHIN THE MEANING OF THAT TERM AS SET FORTH IN SUCH ARTICLE. (P) NOTHING IN THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION, SHALL BE CONSTRUED AS EXEMPTING THE AUTHORITY, ITS SUBSID- IARIES, OR ANY RENEWABLE ENERGY GENERATING PROJECTS UNDERTAKEN PURSUANT TO THIS SECTION FROM THE REQUIREMENTS OF SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW RESPECTING ANY RENEWABLE ENERGY SYSTEM DEVELOPED BY THE AUTHORITY OR AN AUTHORITY SUBSIDIARY AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION THAT MEETS THE DEFINITION OF "MAJOR RENEWABLE ENERGY FACILI- TY" AS DEFINED IN SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW AND SECTION EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY, AS IT RELATES TO HOST COMMUNITY BENEFITS, AND SECTION 11-0535-C OF THE ENVIRONMENTAL CONSERVATION LAW AS IT RELATES TO AN ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND. (Q) ALL RENEWABLE ENERGY GENERATING PROJECTS THE AUTHORITY PLANS TO UNDERTAKE PURSUANT TO THE AUTHORITY AND DIRECTIVE OF PARAGRAPH (A) OF THIS SUBDIVISION, AND IDENTIFIED IN THE STRATEGIC PLAN, SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE AUTHORITY'S BOARD OF TRUSTEES. § 2. Section 1005 of the public authorities law is amended by adding a new subdivision 27-b to read as follows: 27-B. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOW- ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "BILL CREDIT" MEANS A MONTHLY MONETARY CREDIT WHICH IS FUNDED BY THE AUTHORITY, AS FURTHER DETERMINED BY THE PUBLIC SERVICE COMMISSION AND APPEARS ON THE UTILITY BILL OF A LOW-INCOME OR MODERATE-INCOME END- USE ELECTRICITY CONSUMER LOCATED IN A DISADVANTAGED COMMUNITY, FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK AND INJECTED INTO A DISTRIBUTION OR TRANSMISSION FACILITY AT ONE OR MORE POINTS IN NEW YORK STATE, TOGETHER WITH ANY ENHANCED INCENTIVE PAYMENTS FOR A COMMUNITY DISTRIBUTED GENERATION PROJECT SERVING A DISADVANTAGED COMMUNITY PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, S. 4006--C 123 A. 3006--C TOGETHER WITH ANY OTHER FUNDING MADE AVAILABLE BY THE AUTHORITY FOR SUCH PURPOSES; (II) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISAD- VANTAGED COMMUNITY IN ACCORDANCE WITH ARTICLE SEVENTY-FIVE OF THE ENVI- RONMENTAL CONSERVATION LAW; (III) "JURISDICTIONAL LOAD SERVING ENTITY" HAS THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; (IV) "LOW-INCOME OR MODERATE-INCOME END-USE CONSUMER" SHALL MEAN END- USE CUSTOMERS OF ELECTRIC CORPORATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS REGULATED BY THE PUBLIC SERVICE COMMISSION WHOSE INCOME IS FOUND TO BE BELOW THE STATE MEDIAN INCOME BASED ON HOUSEHOLD SIZE; (V) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWABLE ENERGY SYSTEM; (VI) "RENEWABLE ENERGY SYSTEMS" HAS THE SAME MEANING AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; AND (VII) "QUALIFIED ENERGY STORAGE SYSTEM" HAS THE SAME MEANING AS DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THE PUBLIC SERVICE LAW. (B) THE AUTHORITY IS AUTHORIZED AND DIRECTED, AS DEEMED FEASIBLE AND ADVISABLE BY ITS TRUSTEES, TO ESTABLISH A PROGRAM, AS SOON AS PRACTICA- BLE, TO BE KNOWN AS THE "RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM" OR "REACH", THAT WILL ENABLE LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRICITY CUSTOMERS WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT, UNLESS THEY OPT OUT OF REACH, TO RECEIVE BILL CREDITS GENERATED BY THE PRODUCTION OF RENEWABLE ENERGY BY A RENEWABLE ENERGY SYSTEM PLANNED, DESIGNED, DEVEL- OPED, FINANCED, CONSTRUCTED, OWNED, OPERATED, MAINTAINED OR IMPROVED, OR CONTRACTED FOR BY THE AUTHORITY AS A RENEWABLE ENERGY GENERATING PROJECT PURSUANT TO SUBDIVISION TWENTY-SEVEN-A OF THIS SECTION. SUCH BILL CRED- ITS SHALL BE IN ADDITION TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM OR BENEFIT THAT END-USE ELECTRICITY CONSUMERS IN DISADVAN- TAGED COMMUNITIES RECEIVE. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL BE: (I) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTER- NATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANS- MISSION SYSTEM IN THE SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE END-USE ELECTRICITY CONSUMERS THAT RECEIVE BILL CREDITS; OR (II) SIZED ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION OR TRANSMISSION SYSTEM AT ONE OR MORE POINTS ANYWHERE WITHIN THE STATE. (C) FOR PURPOSES OF IMPLEMENTING REACH, THE AUTHORITY IS AUTHORIZED AND DIRECTED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO: (I) PURSUANT TO THE AUTHORITY PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-SEVEN-A OF THIS SECTION, DEVELOP, CONSTRUCT, OWN, AND/OR OPERATE RENEWABLE ENERGY GENERATING PROJECTS; (II) CONTRACT FOR THE DEVELOPMENT, CONSTRUCTION AND/OR OPERATION OF RENEWABLE ENERGY SYSTEMS; (III) SELL, PURCHASE, AND OTHERWISE CONTRACT REGARDING RENEWABLE ENER- GY, RENEWABLE ENERGY CREDITS OR ATTRIBUTES AND OTHER ENERGY PRODUCTS AND SERVICES GENERATED BY RENEWABLE ENERGY GENERATING PROJECTS; AND (IV) ENTER INTO CONTRACTS FOR PURPOSES OF IMPLEMENTING REACH, INCLUD- ING BUT NOT LIMITED TO AGREEMENTS WITH DEVELOPERS, OWNERS AND OPERATORS S. 4006--C 124 A. 3006--C OF RENEWABLE ENERGY SYSTEMS, AND AGREEMENTS WITH JURISDICTIONAL LOAD SERVING ENTITIES AND THE LONG ISLAND POWER AUTHORITY, OR ITS SERVICE PROVIDER, TO PROVIDE FOR BILL CREDITS TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS, UPON TERMS AND CONDITIONS APPROVED BY THE PUBLIC SERVICE COMMISSION PURSUANT TO SUBDIVISIONS SEVEN AND EIGHT OF SECTION SIXTY- SIX-P OF THE PUBLIC SERVICE LAW. (D) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE SENATE WHICH SHALL BE POSTED ON THE AUTHORITY'S WEBSITE, AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) CONTRACTS ENTERED INTO BY THE AUTHORITY FOR THE DEVELOPMENT, CONSTRUCTION AND/OR OPERATION OF RENEWABLE ENERGY SYSTEMS THAT ARE INTENDED IN WHOLE OR IN PART TO SUPPORT REACH, AND THE PLANNED LOCATION OF SUCH PROJECTS; (II) RENEWABLE ENERGY SYSTEMS THAT ARE BEING PLANNED AND DEVELOPED OR THAT HAVE BEEN DEVELOPED BY OR FOR THE AUTHORITY THAT ARE INTENDED IN WHOLE OR IN PART TO SUPPORT REACH, AND THE LOCATION OF SUCH PROJECTS; (III) AN ESTIMATE OF THE AGGREGATE AMOUNT OF BILL CREDITS PROVIDED TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES UNDER REACH; (IV) AN ESTIMATE OF: (A) THE TOTAL AMOUNT OF REVENUES GENERATED FROM THE SALE OF RENEWABLE CAPACITY, ENERGY, RENEWABLE CREDITS OR ATTRIBUTES, AND RELATED ANCILLARY SERVICES THAT ARE USED TO FUND BILL CREDITS; AND (B) ANY OTHER AUTHORITY FUNDS, AS DETERMINED TO BE FEASIBLE AND ADVIS- ABLE BY THE TRUSTEES, THE AUTHORITY HAS CONTRIBUTED FOR THE PURPOSE OF FUNDING BILL CREDITS UNDER REACH; (V) THE AMOUNT OF ENERGY PRODUCED BY EACH FACILITY; AND (VI) THE KILOWATT-HOUR SALES BY PROJECT. (E) THE AUTHORITY MAY REQUEST FROM ANY DEPARTMENT, DIVISION, OFFICE, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY, AND THE SAME ARE AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE REQUIRED BY THE AUTHORITY IN CARRYING OUT THE PURPOSES OF THIS SUBDIVISION. (F) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL ISSUE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE SENATE THAT ADDRESSES THE FEASIBILITY AND ADVISABILITY OF IMPLEMENTING A PROGRAM SIMILAR TO REACH FOR THE PURPOSE OF PROVIDING BILL CREDITS TO LOW-INCOME OR MODERATE-IN- COME END-USE ELECTRICITY CONSUMERS LOCATED IN DISADVANTAGED COMMUNITIES IN THE SERVICE TERRITORIES OF MUNICIPAL DISTRIBUTION UTILITIES AND RURAL ELECTRIC COOPERATIVES LOCATED IN NEW YORK STATE. THE AUTHORITY MAY CONFER WITH ANY MUNICIPAL DISTRIBUTION UTILITY OR ITS REPRESENTATIVES, AND ANY RURAL ELECTRIC COOPERATIVE OR ITS REPRESENTATIVES, AND MAY REQUEST FROM ANY MUNICIPAL DISTRIBUTION UTILITY, RURAL ELECTRIC COOPER- ATIVE, DEPARTMENT, DIVISION, OFFICE, COMMISSION OR OTHER AGENCY OF THE STATE OR STATE PUBLIC AUTHORITY, AND THE SAME ARE AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE REQUIRED BY THE AUTHORITY TO COMPLETE THE REPORT. (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS AUTHORIZING ANY PRIVATE ENTITY THAT ENTERS INTO A PUBLIC-PRIVATE PARTNERSHIP OR A SIMI- LAR AGREEMENT, OR ANY CONTRACT AUTHORIZED HEREIN, WITH THE AUTHORITY OR AN AUTHORITY SUBSIDIARY, TO RECEIVE, EXERCISE OR CLAIM ENTITLEMENT TO S. 4006--C 125 A. 3006--C ANY OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS OR OTHER EXEMPTIONS OF THE AUTHORITY OR ANY AUTHORITY SUBSIDIARY. § 3. Subdivision 1 of section 66-p of the public service law, as added by chapter 106 of the laws of 2019, is amended to read as follows: 1. As used in this section: (a) "jurisdictional load serving entity" means any entity subject to the jurisdiction of the commission that secures energy to serve the electrical energy requirements of end-use customers in New York state[;]. (b) "renewable energy systems" means systems that generate electricity or thermal energy through use of the following technologies: solar ther- mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells which do not utilize a fossil fuel resource in the process of generating electricity. (C) "BILL CREDIT" SHALL HAVE THE SAME MEANING AS IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. (D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN- TAGED COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER- VATION LAW. (E) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWABLE ENERGY SYSTEM. (F) "LOW-INCOME OR MODERATE-INCOME END-USE CONSUMER" SHALL MEAN END- USE CUSTOMERS OF ELECTRIC CORPORATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS REGULATED BY THE PUBLIC SERVICE COMMISSION WHOSE INCOME IS FOUND TO BE BELOW THE STATE MEDIAN INCOME BASED ON HOUSEHOLD SIZE. § 4. Section 66-p of the public service law is amended by adding a new subdivision 8 to read as follows: 8. THE POWER AUTHORITY OF THE STATE OF NEW YORK SHALL, NO LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, FILE A PETI- TION TO COMMENCE, AND THE COMMISSION SHALL COMMENCE, NECESSARY PROCEEDINGS TO ENABLE THE POWER AUTHORITY OF THE STATE OF NEW YORK TO PROVIDE BILL CREDITS FROM RENEWABLE ENERGY GENERATING PROJECTS UNDER THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM, OR "REACH", ESTAB- LISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW, TO LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY GENERATING PROJECTS DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION TWENTY-SEVEN-A OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. SUCH BILL CREDITS SHALL BE IN ADDITION TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM OR BENEFIT THAT LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES RECEIVE, AND ANY OTHER INCENTIVES MADE AVAILABLE BY THE POWER AUTHORITY OF THE STATE OF NEW YORK. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL BE: (A) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANSMISSION SYSTEM IN THE SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE LOW-INCOME OR MODERATE-INCOME END-USE CONSUMERS THAT RECEIVE BILL CREDITS; OR (B) SIZED ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION OR TRANSMISSION SYSTEM AT ONE OR MORE POINTS ANYWHERE IN NEW YORK STATE. THE COMMISSION SHALL, AFTER PUBLIC NOTICE AND COMMENT, ESTABLISH SUCH PROGRAMS IMPLEMENTING REACH WHICH: S. 4006--C 126 A. 3006--C (I) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL ENTER INTO AGREEMENTS WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK TO CARRY OUT REACH; (II) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL FILE TARIFFS AND OTHER SOLUTIONS DETERMINED BY THE COMMISSION TO IMPLEMENT REACH AT A REASONABLE COST WHILE ENSURING SAFE AND RELIABLE ELECTRIC SERVICE; (III) PROVIDE THAT, UNLESS THEY OPT OUT, LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRICITY CUSTOMERS WHO HAVE OR WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMU- NITY CHOICE AGGREGATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT, SHALL RECEIVE BILL CREDITS FOR RENEWABLE ENERGY PRODUCED BY A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION TWEN- TY-SEVEN-A OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW; (IV) CONSIDER ENHANCED INCENTIVE PAYMENTS IN BILL CREDITS TO LOW-IN- COME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY SYSTEMS INCLUDING SOLAR AND COMMUNITY DISTRIBUTED GENERATION PROJECTS AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION; (V) TO THE EXTENT PRACTICABLE INCLUDE ENERGY STORAGE IN RENEWABLE ENERGY SYSTEMS TO DELIVER CLEAN ENERGY BENEFITS TO LOW-INCOME OR MODER- ATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES AS PROVIDED FOR IN PARAGRAPHS (A) AND (B) OF SUBDIVISION SEVEN OF THIS SECTION; AND (VI) ADDRESS RECOVERY BY JURISDICTIONAL LOAD SERVING ENTITIES OF THEIR PRUDENTLY INCURRED COSTS OF ADMINISTERING REACH IN ELECTRIC SERVICE DELIVERY RATES OF THE UTILITY IN WHOSE SERVICE TERRITORY LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN A DISADVANTAGED COMMU- NITY PARTICIPATE IN REACH. § 5. Section 1005 of the public authorities law is amended by adding a new subdivision 27-c to read as follows: 27-C. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL PUBLISH A PLAN PROVIDING FOR THE PROPOSED PHASE OUT, BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY, OF THE PRODUCTION OF ELECTRIC ENERGY FROM ITS SMALL NATURAL GAS POWER PLANTS. THE PLAN SHALL INCLUDE A PROPOSED STRATEGY TO REPLACE, WHERE APPROPRIATE, THE SMALL NATURAL GAS POWER PLANTS WITH RENEWABLE ENERGY SYSTEMS, AS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, INCLUDING RENEWABLE ENER- GY GENERATING PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION TWENTY-SEVEN-A OF THIS SECTION PROVIDED SUCH PROJECTS SHALL BE INCLUDED IN THE STRATE- GIC PLAN ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-A OF THIS SECTION. BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY, THE AUTHORITY SHALL CEASE PRODUCTION OF ELECTRICITY AT EACH OF ITS SMALL NATURAL GAS POWER PLANTS SHOULD THE AUTHORITY DETERMINE THAT SUCH PLANT OR PLANTS, OR THE ELECTRICITY PRODUCTION THEREFROM ARE NOT NEEDED FOR ANY OF THE FOLLOWING PURPOSES: (I) EMERGENCY POWER SERVICE; OR (II) ELECTRIC SYSTEM RELIABILITY, INCLUDING BUT NOT LIMITED TO, OPERATING FACILITIES TO MAIN- TAIN POWER SYSTEM REQUIREMENTS FOR FACILITY THERMAL LIMITS, VOLTAGE LIMITS, FREQUENCY LIMITS, FAULT CURRENT DUTY LIMITS, OR DYNAMIC STABILI- TY LIMITS, IN ACCORDANCE WITH THE SYSTEM RELIABILITY STANDARDS OF THE NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION, CRITERIA OF THE NORTH- EAST POWER COORDINATING COUNCIL, RULES OF THE NEW YORK STATE RELIABILITY COUNCIL, AND AS APPLICABLE, RELIABILITY RULES OF THE UTILITY IN WHOSE SERVICE TERRITORY A SMALL NATURAL GAS POWER PLANT IS LOCATED. NOTWITH- S. 4006--C 127 A. 3006--C STANDING ANY OTHER PROVISION OF THIS PARAGRAPH, THE AUTHORITY MAY CONTINUE TO PRODUCE ELECTRIC ENERGY AT ANY OF THE SMALL NATURAL GAS POWER PLANTS IF EXISTING OR PROPOSED REPLACEMENT GENERATION RESOURCES WOULD RESULT IN MORE THAN A DE MINIMIS NET INCREASE OF EMISSIONS OF CARBON DIOXIDE OR CRITERIA AIR POLLUTANTS WITHIN A DISADVANTAGED COMMU- NITY AS DEFINED IN SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRON- MENTAL CONSERVATION LAW. THE AUTHORITY SHALL FILE DEACTIVATION NOTICES WITH THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR THE STATE OF NEW YORK FOR THE PURPOSE OF CEASING ELECTRICITY PRODUCTION FROM THE SMALL NATURAL GAS POWER PLANTS IN A TIMEFRAME SUFFICIENT TO FACILI- TATE THE CESSATION OF ELECTRICITY PRODUCTION PURSUANT TO THIS PARAGRAPH. (B) IN DETERMINING WHETHER TO CEASE ELECTRICITY PRODUCTION FROM ANY SMALL NATURAL GAS POWER PLANT, THE AUTHORITY IS AUTHORIZED TO CONFER WITH THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR THE STATE, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF PUBLIC SERVICE, AND THE DISTRIBUTION UTILITY IN WHOSE SERVICE TERRITORY SUCH SMALL NATURAL GAS POWER PLANT OPERATES, IN ADDI- TION TO SUCH OTHER STAKEHOLDERS AS THE AUTHORITY DETERMINES TO BE APPRO- PRIATE. DETERMINATIONS SHALL BE ON A PLANT BY PLANT BASIS, BE UPDATED NO LESS THAN EVERY TWO YEARS, AND BE MADE PUBLICLY AVAILABLE ALONG WITH THE SUPPORTING DOCUMENTATION ON WHICH THE DETERMINATION WAS BASED. IN MAKING SUCH DETERMINATIONS, THE AUTHORITY SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC COMMENT OF NOT LESS THAN SIXTY DAYS PRIOR TO THE PUBLIC HEAR- ING AND SHALL HOLD AT LEAST ONE PUBLIC HEARING IN THE AFFECTED COMMUNI- TY. (C) NOTHING IN THIS SUBDIVISION IS INTENDED TO, NOR SHALL BE CONSTRUED TO, PROHIBIT THE AUTHORITY IN ITS DISCRETION FROM USING, OR PERMITTING THE USE OF, INCLUDING THROUGH LEASE, SALE, OR OTHER ARRANGEMENT, ANY SMALL NATURAL GAS POWER PLANT OR ITS SITE OR ASSOCIATED INFRASTRUCTURE IN WHOLE OR IN PART FOR ELECTRIC SYSTEM PURPOSES THAT DOES NOT INVOLVE THE COMBUSTION OF FOSSIL FUELS, INCLUDING, BUT NOT LIMITED TO PROVIDING SYSTEM VOLTAGE SUPPORT, ENERGY STORAGE, INTERCONNECTION OF EXISTING OR NEW RENEWABLE GENERATION, OR THE USE OF THE GENERATOR STEP UP TRANSFOR- MERS AND SUBSTATIONS FOR TRANSMISSION OR DISTRIBUTION PURPOSES PROVIDED THAT SUCH USE, LEASE, SALE, OR OTHER ARRANGEMENT SHALL COMPLY WITH EXISTING LAW. (D) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL NATURAL GAS POWER PLANT" OR "PLANT" MEANS EACH OF THE SEVEN ELECTRIC GENERATING POWER PLANTS OWNED AND OPERATED BY THE AUTHORITY LOCATED AT SIX SITES IN BRONX, BROOKLYN, QUEENS AND STATEN ISLAND AND ONE SITE IN BRENTWOOD, SUFFOLK COUNTY, WHICH EACH USE ONE OR MORE SIMPLE CYCLE COMBUSTION TURBINE UNITS, TOTALING ELEVEN UNITS, FUELED BY NATURAL GAS AND WHICH TYPICALLY OPERATE DURING PERIODS OF PEAK ELECTRIC SYSTEM DEMAND. § 6. Section 1020-f of the public authorities law, as added by chapter 517 of the laws of 1986, is amended by adding a new subdivision (jj) to read as follows: (JJ) AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO ENTER INTO CONTRACTS WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK FOR THE PROVISION OF BILL CREDITS GENERATED BY THE PRODUCTION OF RENEWABLE ENER- GY BY A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK UNDER THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THIS ARTI- CLE AND, UNLESS SUCH END-USE ELECTRICITY CONSUMERS OPT OUT, TO PROVIDE SUCH BILL CREDITS TO LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRIC- S. 4006--C 128 A. 3006--C ITY CUSTOMERS WHO HAVE OR WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGRE- GATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT. § 7. Section 1005 of the public authorities law is amended by adding a new subdivision 27-d to read as follows: 27-D. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE, THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO MAKE AVAILABLE AN AMOUNT UP TO TWEN- TY-FIVE MILLION DOLLARS ANNUALLY TO THE DEPARTMENT OF LABOR TO FUND PROGRAMS ESTABLISHED OR IMPLEMENTED BY OR WITHIN THE DEPARTMENT OF LABOR, INCLUDING BUT NOT LIMITED TO THE OFFICE OF JUST TRANSITION AND PROGRAMS FOR WORKFORCE TRAINING AND RETRAINING, TO PREPARE WORKERS FOR EMPLOYMENT FOR WORK IN THE RENEWABLE ENERGY FIELD. § 8. Paragraph (a) and subparagraph 1 of paragraph (b) of subdivision 13-b of section 1005 of the public authorities law, as added by section 4 of part CC of chapter 60 of the laws of 2011, are amended to read as follows: (a) Residential consumer electricity cost discount. Notwithstanding any provision of this title or article six of the economic development law to the contrary, the authority is authorized, as deemed feasible and advisable by the trustees, to use revenues from the sale of hydroelec- tric power, and such other funds of the authority as deemed feasible and advisable by the trustees, to fund monthly payments to be made for the benefit of such classes of electricity consumers as enjoyed the benefits of authority hydroelectric power withdrawn pursuant to subdivision thir- teen-a of this section, for the purpose of mitigating price impacts associated with the reallocation of such power in the manner described in this subdivision. Such monthly payments shall commence after such hydroelectric power is withdrawn AND SHALL CEASE AUGUST FIRST, TWO THOU- SAND TWENTY-THREE. The total annual amount of monthly payments for each of the three twelve month periods following withdrawal of such [hyrdoe- lectric] HYDROELECTRIC power shall be one hundred million dollars. The total annual amount of monthly payments for each of the two subsequent twelve month periods shall be seventy million dollars and fifty million dollars, respectively. Thereafter, the total annual amount of monthly payments for each twelve month period THROUGH THE FINAL PERIOD ENDING AUGUST FIRST, TWO THOUSAND TWENTY-THREE shall be thirty million dollars. The total amount of monthly payments shall be apportioned by the author- ity among the utility corporations that, prior to the effective date of this subdivision, purchased such hydroelectric power for the benefit of their domestic and rural consumers according to the relative amounts of such power purchased by such corporations. The monthly payments shall be credited to the electricity bills of such corporations' domestic and rural consumers in a manner to be determined by the public service commission of the state of New York. The monthly credit provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer. (1) Beginning with the second twelve month period after such hydro- electric power is withdrawn, up to eight million dollars of the residen- tial consumer electricity cost discount established by paragraph (a) of this subdivision shall be dedicated for monthly payments to agricultural producers who receive electric service at the residential rate, PROVIDED THAT IN THE FINAL TWELVE MONTH PERIOD ENDING AUGUST FIRST, TWO THOUSAND TWENTY-THREE, THE AMOUNT DEDICATED FOR AGRICULTURAL PRODUCERS SHALL NOT EXCEED TWENTY PERCENT OF THE AMOUNT MADE AVAILABLE FOR THE OVERALL RESI- DENTIAL CONSUMER ELECTRICITY COST DISCOUNT. The total amount of monthly S. 4006--C 129 A. 3006--C payments shall be apportioned by the authority among the utility corpo- rations in the same manner as they are apportioned in paragraph (a) of this subdivision. Monthly payments shall be credited to the electricity bills of such corporations' agricultural consumers in a manner to be determined by the public service commission of the state of New York. The combined monthly credit, under this paragraph and paragraph (a) of this subdivision, provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer. § 9. Subdivision 13-b of section 1005 of the public authorities law, as added by section 4 of part CC of chapter 60 of the laws of 2011, paragraph (a) and subparagraph 1 of paragraph (b) as amended by section eight of this act, is amended to read as follows: 13-b. [Residential consumer discount programs. (a) Residential consum- er electricity cost discount. Notwithstanding any provision of this title or article six of the economic development law to the contrary, the authority is authorized, as deemed feasible and advisable by the trustees, to use revenues from the sale of hydroelectric power, and such other funds of the authority as deemed feasible and advisable by the trustees, to fund monthly payments to be made for the benefit of such classes of electricity consumers as enjoyed the benefits of authority hydroelectric power withdrawn pursuant to subdivision thirteen-a of this section, for the purpose of mitigating price impacts associated with the reallocation of such power in the manner described in this subdivision. Such monthly payments shall commence after such hydroelectric power is withdrawn and shall cease August first, two thousand twenty-three. The total annual amount of monthly payments for each of the three twelve month periods following withdrawal of such hydroelectric power shall be one hundred million dollars. The total annual amount of monthly payments for each of the two subsequent twelve month periods shall be seventy million dollars and fifty million dollars, respectively. Thereafter, the total annual amount of monthly payments for each twelve month period through the final period ending August first, two thousand twenty-three shall be thirty million dollars. The total amount of monthly payments shall be apportioned by the authority among the utility corporations that, prior to the effective date of this subdivision, purchased such hydroelectric power for the benefit of their domestic and rural consum- ers according to the relative amounts of such power purchased by such corporations. The monthly payments shall be credited to the electricity bills of such corporations' domestic and rural consumers in a manner to be determined by the public service commission of the state of New York. The monthly credit provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer. (b)] Agricultural consumer electricity cost discount. (1) [Beginning with the second twelve month period after such hydroelectric power is withdrawn, up to eight million dollars of the residential consumer elec- tricity cost discount established by paragraph (a) of this subdivision shall be dedicated for monthly payments to agricultural producers who receive electric service at the residential rate, provided that in the final twelve month period ending August first, two thousand twenty- three, the amount dedicated for agricultural producers shall not exceed twenty percent of the amount made available for the overall residential consumer electricity cost discount. The total amount of monthly payments shall be apportioned by the authority among the utility corporations in the same manner as they are apportioned in paragraph (a) of this subdi- S. 4006--C 130 A. 3006--C vision. Monthly payments shall be credited to the electricity bills of such corporations' agricultural consumers in a manner to be determined by the public service commission of the state of New York. The combined monthly credit, under this paragraph and paragraph (a) of this subdivi- sion, provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consum- er.] NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, BEGINNING IN TWO THOUSAND TWENTY-FOUR, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF AGRICULTURAL PRODUCERS WHO RECEIVE ELECTRIC SERVICE AT THE RESIDENTIAL RATE WHO ENJOYED THE BENEFITS OF AUTHORITY HYDROELECTRIC POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS SECTION, AND WHO WERE PREVI- OUSLY ELIGIBLE TO RECEIVE BENEFITS UNDER THE AGRICULTURAL CONSUMER ELEC- TRICITY COST DISCOUNT CREATED BY SECTION FOUR OF PART CC OF CHAPTER SIXTY OF THE LAWS OF TWO THOUSAND ELEVEN, FOR THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE REALLOCATION OF SUCH POWER IN THE MANNER DESCRIBED IN THIS SUBDIVISION. SUCH MONTHLY PAYMENTS SHALL COMMENCE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR. THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS SHALL NOT EXCEED FIVE MILLION DOLLARS. (2) The authority shall work cooperatively with the department of public service to evaluate the agricultural consumer electricity cost discount, which shall include an assessment of the benefits to recipi- ents compared to the benefits the recipients received from the authori- ty's hydroelectric power, withdrawn pursuant to subdivision thirteen-a of this section, during the twelve month period ending December thirty- first, two thousand ten, and compared to other agricultural consumers that did not choose to receive the discount. [(c)] (B) Energy efficiency program. (1) Beginning with the withdrawal of such hydroelectric power, the authority or the New York state energy research and development authority, shall conduct an energy efficiency program for five years to provide energy efficiency improvements for the purpose of reducing energy consumption for domestic and rural consumers. Such energy efficiency program may be undertaken in cooperation with other energy efficiency programs offered by utility corporations, state agencies and authorities including but not limited to the New York state energy research and development authority; provided however that energy savings attributable to such other energy efficiency programs shall not be included in determining the amount of energy saved pursuant to the program established by this paragraph; (2) The authority or the New York state energy research and develop- ment authority shall annually post on their website a report evaluating the energy efficiency program, including but not limited to, the number of domestic and rural consumers who opted to participate in the program and, if practicable, the estimated savings the domestic and rural consumers received by participating in the energy efficiency program. § 10. Nothing in this act is intended to limit, impair, or affect the legal authority of the Power Authority of the State of New York under any other provision of law. § 11. Severability. If any word, phrase, clause, sentence, paragraph, 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 word, phrase, clause, sentence, paragraph, section, or part ther- S. 4006--C 131 A. 3006--C eof directly involved in the controversy in which such judgment shall have been rendered. § 12. This act shall take effect immediately; provided, however, that section nine of this act shall take effect January 1, 2024. PART RR Section 1. Subdivision 6 of section 11-104 of the energy law, as added by chapter 374 of the laws of 2022, is amended and two new subdivisions 7 and 8 are added to read as follows: 6. (A) To the fullest extent feasible, the standards for construction of buildings in the code shall be designed to help achieve the state's clean energy and climate agenda, including but not limited to greenhouse gas reduction, set forth within chapter one hundred six of the laws of two thousand nineteen, also known as the New York state climate leader- ship and community protection act, and as further identified by the New York state climate action council established pursuant to section 75-0103 of the environmental conservation law. (B) IN ADDITION TO THE FOREGOING, TO SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE GAS EMISSIONS AND HELP ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW BUILDING NOT MORE THAN SEVEN STORIES IN HEIGHT, EXCEPT FOR A NEW COMMERCIAL OR INDUS- TRIAL BUILDING GREATER THAN ONE HUNDRED THOUSAND SQUARE FEET IN CONDI- TIONED FLOOR AREA, ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN- TY-FIVE, AND THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ALL NEW BUILDINGS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT. 7. (A) THE PROVISIONS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION SHALL NOT BE CONSTRUED AS APPLYING TO BUILDINGS EXISTING PRIOR TO THE EFFECTIVE DATE OF THE APPLICABLE PROHIBITION, INCLUDING TO: (I) THE REPAIR, ALTERATION, ADDITION, RELOCATION, OR CHANGE OF OCCU- PANCY OR USE OF SUCH BUILDINGS; AND (II) THE INSTALLATION OR CONTINUED USE AND MAINTENANCE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO COOKING EQUIP- MENT, IN ANY SUCH BUILDINGS. (B) IN ADDITION, IN EFFECTUATING THE PROVISIONS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION THE CODE SHALL INCLUDE EXEMPTIONS FOR THE PURPOSES OF ALLOWING THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WHERE SUCH ARE INSTALLED AND USED: (I) FOR GENERATION OF EMERGENCY BACK-UP POWER AND STANDBY POWER SYSTEMS; (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR (III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC- TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, CAR WASH, LAUNDROMAT, HOSPITAL, OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO EMERGENCY MANAGEMENT FACILITIES, WASTEWATER TREATMENT FACILITIES, AND WATER TREATMENT AND PUMPING FACILITIES, AGRI- CULTURAL BUILDING, FUEL CELL SYSTEM, OR CREMATORIUM, AS SUCH TERMS ARE DEFINED BY THE CODE COUNCIL. (C) WHERE THE CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARA- GRAPH (I) OR (III) OF PARAGRAPH (B) OF THIS SUBDIVISION, OTHER THAN S. 4006--C 132 A. 3006--C AGRICULTURAL BUILDINGS AS DEFINED BY THE COUNCIL, SUCH EXEMPTION SHALL INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT THE USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS TO THE SYSTEM AND AREA OF THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT AND BUILD- ING SYSTEMS IS INFEASIBLE; REQUIRE THE AREA OR SERVICE WITHIN A NEW BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE INSTALLED BE ELECTRIFICATION READY, EXCEPT WITH RESPECT TO SERVICING MANUFACTURING OR INDUSTRIAL PROCESSES; AND MINIMIZE EMISSIONS FROM THE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED TO BE USED, PROVIDED THAT THE PROVISIONS SET FORTH IN THIS PARAGRAPH DO NOT ADVERSELY AFFECT HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION. FINANCIAL CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEA- SIBILITY. (D) EXEMPTIONS INCLUDED IN THE CODE PURSUANT TO THIS SUBDIVISION SHALL BE PERIODICALLY REVIEWED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL TO ASSURE THAT THEY CONTINUE TO EFFECTUATE THE PURPOSES OF SUBDIVISION SIX OF THIS SECTION TO THE FULLEST EXTENT FEASIBLE. (E) THE CODE SHALL ALLOW FOR EXEMPTION OF A NEW BUILDING CONSTRUCTION PROJECT THAT REQUIRES AN APPLICATION FOR NEW OR EXPANDED ELECTRIC SERVICE, PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-ONE OF THE PUBLIC SERVICE LAW AND/OR SECTION TWELVE OF THE TRANSPORTATION CORPORATIONS LAW, WHEN ELECTRIC SERVICE CANNOT BE REASONABLY PROVIDED BY THE GRID AS OPERATED BY THE LOCAL ELECTRIC CORPORATION OR MUNICIPALITY PURSUANT TO SUBDIVISION ONE OF SECTION SIXTY-FIVE OF THE PUBLIC SERVICE LAW; PROVIDED, HOWEVER, THAT THE PUBLIC SERVICE COMMISSION SHALL DETERMINE REASONABLENESS FOR PURPOSES OF THIS EXEMPTION. FOR THE PURPOSES OF THIS PARAGRAPH, "GRID" SHALL HAVE THE SAME MEANING AS ELECTRIC PLANT, AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW. 8. FOR THE PURPOSES OF THIS SECTION: (A) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIP- MENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THIS ARTICLE, THAT USES FOSSIL-FUEL FOR COMBUSTION; OR (II) SYSTEMS, OTHER THAN ITEMS SUPPORTING AN INDUSTRIAL OR COMMERCIAL PROCESS AS REFERRED TO IN THE DEFINITION OF EQUIPMENT IN SECTION 11-102 OF THE ENERGY LAW, ASSOCIATED WITH A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIB- UTION, OR DELIVERY OF FOSSIL-FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY MOTOR VEHICLES. (B) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY FOR A FUTURE REPLACEMENT OF SUCH FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WITH ELECTRIC-POWERED EQUIPMENT, INCLUDING BUT NOT LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE- WAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH ELECTRIC-POWERED EQUIPMENT. § 2. Section 371 of the executive law, as added by chapter 707 of the laws of 1981, is amended to read as follows: § 371. Statement of legislative findings and purposes. 1. The legisla- ture hereby finds and declares that: a. The present level of loss of life, injury to persons, and damage to property as a result of fire demonstrates that the people of the state have yet to receive the basic level of protection to which they are entitled in connection with the construction and maintenance of build- ings; b. There does not exist for all areas of the state a single, adequate, enforceable code establishing minimum standards for fire protection and S. 4006--C 133 A. 3006--C construction, maintenance and use of materials in buildings. Instead, there exists a multiplicity of codes and requirements for various types of buildings administered at various levels of state and local govern- ment. There are, in addition, extensive areas of the state in which no code at all is in effect for the general benefit of the people of the state; c. The present system of enforcement of fire protection and building construction codes is characterized by a lack of adequately trained personnel, as well as inconsistent qualifications for personnel who administer and enforce those codes; d. Whether because of the absence of applicable codes, inadequate code provisions or inadequate enforcement of codes, the threat to the public health and safety posed by fire remains a real and present danger for the people of the state; and e. The multiplicity of fire protection and building construction code requirements poses an additional problem for the people of the state since it increases the cost of doing business in the state by perpetuat- ing multiple requirements, jurisdictional overlaps and business uncer- tainties, and, in some instances, by artificially inducing high construction costs. 2. The legislature declares that it shall be the public policy of the state of New York to: a. Immediately provide for a minimum level of protection from the hazards of fire in every part of the state; b. Provide for the promulgation of a uniform code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the state from hazards of fire and inadequate building construction. In providing for such a uniform code, it is declared to be the policy of the state of New York to: (1) reconcile the myriad existing and potentially conflicting regu- lations which apply to different types of buildings and occupancies; (2) recognize that fire prevention and fire prevention codes are closely related to the adequacy of building construction codes, that the greatest portion of a building code's requirements are fire safety oriented, and that fire prevention and building construction concerns should be the subject of a single code; (3) RECOGNIZE THAT THE DECARBONIZATION OF NEW AND EXISTING BUILDINGS IS CLOSELY RELATED TO THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA AS DESCRIBED IN THE NEW YORK CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT SET FORTH IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND THAT THE UNIFORM CODE SHALL ENABLE THE STATE'S CLEAN ENER- GY OBJECTIVES; (4) place public and private buildings on an equal plane with respect to fire prevention and adequacy of building construction; [(4)] (5) require new and existing buildings alike to keep pace with advances in technology concerning fire prevention and building construction, including, where appropriate, that provisions apply on a retroactive basis; and [(5)] (6) provide protection to both residential and non-residential buildings; c. Insure that the uniform code be in full force and effect in every area of the state; d. Encourage local governments to exercise their full powers to admin- ister and enforce the uniform code; and S. 4006--C 134 A. 3006--C e. Provide for a uniform, statewide approach to the training and qual- ification of personnel engaged in the administration and enforcement of the uniform code. § 3. Subdivision 19 of section 378 of the executive law, as renumbered by chapter 47 of the laws of 2022, is renumbered subdivision 20 and a new subdivision 19 is added to read as follows: 19. A. TO SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE GAS EMISSIONS AND HELP ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITH- IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW BUILDING NOT MORE THAN SEVEN STORIES IN HEIGHT, EXCEPT FOR A NEW COMMERCIAL OR INDUSTRIAL BUILDING GREATER THAN ONE HUNDRED THOUSAND SQUARE FEET IN CONDITIONED FLOOR AREA, ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ALL NEW BUILDINGS ON OR AFTER DECEMBER THIRTY- FIRST, TWO THOUSAND TWENTY-EIGHT. B. THE PROVISIONS SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION SHALL NOT BE CONSTRUED AS APPLYING TO BUILDINGS EXISTING PRIOR TO THE EFFEC- TIVE DATE OF THE APPLICABLE PROHIBITION, INCLUDING TO: (I) THE REPAIR, ALTERATION, ADDITION, RELOCATION, OR CHANGE OF OCCU- PANCY OR USE OF SUCH BUILDINGS; AND (II) THE INSTALLATION OR CONTINUED USE AND MAINTENANCE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO COOKING EQUIP- MENT, IN ANY SUCH BUILDINGS. C. IN ADDITION, IN EFFECTUATING THE PROVISIONS SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION THE CODE SHALL INCLUDE EXEMPTIONS FOR THE PURPOSES OF ALLOWING THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT AND BUILD- ING SYSTEMS WHERE SUCH SYSTEMS ARE INSTALLED AND USED: (I) FOR GENERATION OF EMERGENCY BACK-UP POWER AND STANDBY POWER SYSTEMS; (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR (III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC- TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, CAR WASH, LAUNDROMAT, HOSPITAL, OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO EMERGENCY MANAGEMENT FACILITIES, WASTEWATER TREATMENT FACILITIES, AND WATER TREATMENT AND PUMPING FACILITIES, AGRI- CULTURAL BUILDING, FUEL CELL SYSTEM, OR CREMATORIUM, AS SUCH TERMS ARE DEFINED BY THE CODE COUNCIL. D. WHERE THE UNIFORM CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARAGRAPH (I) OR (III) OF PARAGRAPH C OF THIS SUBDIVISION, OTHER THAN AGRICULTURAL BUILDINGS AS DEFINED BY THE COUNCIL, SUCH EXEMPTION SHALL INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT THE USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS TO THE SYSTEM AND AREA OF THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT AND BUILD- ING SYSTEMS IS INFEASIBLE; EXCEPT WITH RESPECT TO SERVICING MANUFACTUR- ING OR INDUSTRIAL PROCESSES, REQUIRE THE AREA OR SERVICE WITHIN A NEW BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE INSTALLED BE ELECTRIFICATION READY; AND MINIMIZE EMISSIONS FROM THE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED TO BE USED, PROVIDED THAT SUCH PROVISIONS DO NOT ADVERSELY AFFECT HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION. FINANCIAL CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBILITY. S. 4006--C 135 A. 3006--C E. EXEMPTIONS INCLUDED IN THE UNIFORM CODE PURSUANT TO THIS SUBDIVI- SION SHALL BE PERIODICALLY REVIEWED BY THE CODE COUNCIL TO ASSURE THAT THEY CONTINUE TO EFFECTUATE THE PURPOSES OF PARAGRAPH A OF THIS SUBDIVI- SION AND SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE TO THE FULLEST EXTENT FEASI- BLE. F. THE CODE SHALL ALLOW FOR EXEMPTION OF A NEW BUILDING CONSTRUCTION PROJECT THAT REQUIRES AN APPLICATION FOR NEW OR EXPANDED ELECTRIC SERVICE, PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-ONE OF THE PUBLIC SERVICE LAW AND/OR SECTION TWELVE OF THE TRANSPORTATION CORPORATIONS LAW, WHEN ELECTRIC SERVICE CANNOT BE REASONABLY PROVIDED BY THE GRID AS OPERATED BY THE LOCAL ELECTRIC CORPORATION OR MUNICIPALITY PURSUANT TO SUBDIVISION ONE OF SECTION SIXTY-FIVE OF THE PUBLIC SERVICE LAW; PROVIDED, HOWEVER, THAT THE PUBLIC SERVICE COMMISSION SHALL DETERMINE REASONABLENESS FOR PURPOSES OF THIS EXEMPTION. FOR THE PURPOSES OF THIS PARAGRAPH, "GRID" SHALL HAVE THE SAME MEANING AS ELECTRIC PLANT, AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW. G. FOR THE PURPOSES OF THIS SUBDIVISION: (I) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (A) EQUIP- MENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THE ENERGY LAW, THAT USES FOSSIL-FUEL FOR COMBUSTION; OR (B) SYSTEMS, OTHER THAN ITEMS SUPPORTING AN INDUSTRIAL OR COMMERCIAL PROCESS AS REFERRED TO IN THE DEFINITION OF EQUIPMENT IN SECTION 11-102 OF THE ENERGY LAW, ASSOCIATED WITH A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIB- UTION, OR DELIVERY OF FOSSIL-FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY MOTOR VEHICLES. (II) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY FOR A FUTURE REPLACEMENT OF SUCH FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WITH ELECTRIC-POWERED EQUIPMENT, INCLUDING BUT NOT LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE- WAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH ELECTRIC-POWERED EQUIPMENT. § 4. Section 1005 of the public authorities law is amended by adding a new subdivision 30 to read as follows: 30. TO ESTABLISH DECARBONIZATION ACTION PLANS FOR STATE-OWNED FACILI- TIES AS PROVIDED FOR IN SECTION NINETY OF THE PUBLIC BUILDINGS LAW, AND TO CONSULT, COOPERATE, AND COORDINATE WITH ANY STATE ENTITY, AS REQUIRED OR AUTHORIZED IN ARTICLE FOUR-D OF THE PUBLIC BUILDINGS LAW. § 5. The public buildings law is amended by adding a new article 4-D to read as follows: ARTICLE 4-D DECARBONIZATION OF STATE-OWNED FACILITIES SECTION 90. DEFINITIONS. 91. DECARBONIZATION ACTION PLANS. § 90. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW YORK ESTABLISHED UNDER TITLE ONE OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW. 2. "DECARBONIZATION" AND "DECARBONIZE" MEANS ELIMINATING ALL ON-SITE COMBUSTION OF FOSSIL-FUELS AND ASSOCIATED CO-POLLUTANTS WITH THE EXCEP- TION OF BACK-UP EMERGENCY GENERATORS AND REDUNDANT SYSTEMS NEEDED TO ADDRESS PUBLIC HEALTH, SAFETY AND SECURITY, PROVIDING HEATING AND COOL- ING THROUGH THERMAL ENERGY, AND THERMAL ENERGY NETWORKS, FROM NON-COM- S. 4006--C 136 A. 3006--C BUSTION SOURCES, AND TO THE GREATEST EXTENT FEASIBLE PRODUCING ON-SITE ELECTRICITY THAT IS ONE HUNDRED PERCENT RENEWABLE. 3. "HIGHEST-EMITTING FACILITIES" MEANS STATE-OWNED FACILITIES THAT ARE AMONG THE HIGHEST PRODUCERS OF GREENHOUSE GAS EMISSIONS AND COLLECTIVELY ACCOUNT FOR AT LEAST THIRTY PERCENT OF THE GREENHOUSE GAS EMISSIONS AS RECORDED BY THE AUTHORITY'S BUILD SMART NY PROGRAM ESTABLISHED PURSUANT TO EXECUTIVE ORDER 88 OF 2012. 4. "THERMAL ENERGY" SHALL HAVE THE MEANING PROVIDED IN SUBDIVISION TWENTY-EIGHT OF SECTION TWO OF THE PUBLIC SERVICE LAW. 5. "THERMAL ENERGY NETWORK" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION TWO OF THE PUBLIC SERVICE LAW. 6. "STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY ESTABLISHED UNDER TITLE NINE OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. 7. "STATE-OWNED FACILITIES" OR "FACILITIES" INCLUDES "BUILDING" AS DEFINED BY SECTION EIGHTY-ONE OF THIS CHAPTER, "DORMITORY" AS DEFINED BY SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW, AND "FACILITY" AS DEFINED BY SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW. § 91. DECARBONIZATION ACTION PLANS. 1. THE AUTHORITY IS HEREBY AUTHOR- IZED AND DIRECTED TO ESTABLISH DECARBONIZATION ACTION PLANS FOR FIFTEEN OF THE HIGHEST-EMITTING FACILITIES THAT WILL SERVE AS A BASIS FOR DECAR- BONIZING THE FACILITIES TO THE MAXIMUM EXTENT PRACTICABLE, AND SUBJECT TO ANY NEEDED REDUNDANT SYSTEMS AND BACK-UP SYSTEMS NEEDED FOR PUBLIC SAFETY AND SECURITY. DECARBONIZATION ACTION PLANS SHALL ADDRESS THE FOLLOWING MATTERS AT A MINIMUM: (A) A COMPREHENSIVE ACCOUNTING AND ANALYSIS OF ALL ENERGY USES AT THE FACILITIES. (B) GREENHOUSE GAS AND OTHER HARMFUL EMISSIONS (E.G., NOX, SOX, PARTI- CULATE MATTER) RESULTING FROM THE ON-SITE AND SOURCE ENERGY USAGE OF THE FACILITIES. (C) ANALYSIS OF THE FEASIBILITY OF USING THERMAL ENERGY AND THERMAL ENERGY NETWORKS AT THE FACILITY, INCLUDING ANY ANTICIPATED LIMITATIONS ON THE USE OF THERMAL ENERGY NETWORKS, ALONG WITH A CHARACTERIZATION OF ANY SUCH LIMITATIONS, INCLUDING WHETHER THEY ARE PERMANENT, TEMPORARY, OR RESOLVABLE ON A COST-EFFECTIVE BASIS. (D) IDENTIFICATION AND ANALYSIS OF ENERGY EFFICIENCY MEASURES THAT COULD BE DESIGNED AND CONSTRUCTED IN LATER DECARBONIZATION PROJECT PHAS- ES. (E) AN ANALYSIS OF THE AVAILABILITY AND/OR FEASIBILITY OF PROVIDING CLEAN ENERGY THROUGH ELECTRIFICATION TECHNOLOGIES AND ASSOCIATED ELEC- TRICAL UPGRADES TO MEET THE FACILITY ENERGY NEEDS, AS DEMONSTRATED BY THE REDUCED LOAD PROFILES DETERMINED TO BE PRACTICABLE BASED ON THE ENERGY EFFICIENCY MEASURES IDENTIFIED, EITHER THROUGH ON-SITE GENERATION AND/OR OTHER PROCUREMENT. (F) INVESTIGATION OF THE RESILIENCY AND REDUNDANT CAPACITY OF THE EXISTING CRITICAL INFRASTRUCTURE, SUCH AS HEATING, COOLING AND BACKUP ELECTRICAL POWER SYSTEMS. (G) IDENTIFICATION OF ANY PARTS OF THE FACILITIES THAT CANNOT BE DECARBONIZED, WITH EXPLANATIONS. (H) GEOTECHNICAL INVESTIGATIONS INTO THE ON-SITE POTENTIAL FOR CLEAN ENERGY SOURCES, INCLUDING DRILLING TEST GEOTHERMAL WELLS AS NEEDED. (I) DETERMINATION OF THE FEASIBILITY AND ADVISABILITY OF GATHERING, COMBINING, OR EXPANDING ANY CLEAN ENERGY SOURCES OR CENTRAL THERMAL ENERGY NETWORKS WITH NEIGHBORING OR NEARBY RELATED STATE FACILITIES. (J) INVESTIGATION OF THE INFRASTRUCTURE, PLANNING AND FUNDING NEEDED TO ELECTRIFY TRANSPORTATION RESOURCES REGULARLY USED TO SERVE THE FACIL- S. 4006--C 137 A. 3006--C ITIES, SUCH AS PUBLIC TRANSIT, VEHICLE FLEETS OR EMPLOYEE/RESIDENT/STUDENT ELECTRIC VEHICLE CHARGING STATIONS. (K) AN ECONOMIC AND FEASIBILITY ANALYSIS BASED UPON THE POTENTIAL TO DECARBONIZE THE FACILITY, CONSIDERING AMONG OTHER THINGS THE NET PRESENT VALUE OF THE LIFE CYCLE COST OF THE THERMAL SYSTEMS AND OTHER SYSTEMS PROPOSED, INCLUSIVE OF THE SOCIAL COST OF CARBON, CAPITAL EXPENSES FOR INITIAL IMPLEMENTATION AND MAJOR EQUIPMENT REPLACEMENTS, AND OPERATIONAL EXPENSES, INCLUDING LABOR COSTS. 2. THE AUTHORITY SHALL COMPLETE THE DECARBONIZATION ACTION PLANS NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, PROVIDED THAT SUCH DATE SHALL BE EXTENDED FOR JUSTIFIABLE DELAY OUTSIDE THE CONTROL OF THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO, PREVIOUSLY PLANNED OR CURRENT MAJOR RENOVATIONS OR REPLACEMENTS TO THE FACILITIES, DELAYED PERMITTING OR APPROVAL BY BUILDING OWNERS, LOCAL AUTHORITIES, OR OTHER ESSENTIAL PARTIES, EXTERNAL RESOURCE BOTTLENECKS, PENDING OR UNRESOLVED INVESTIGATIONS INTO UTILITY GRID CAPACITY OR SIMILAR CIRCUMSTANCES WHERE CRUCIAL INFORMATION IS NOT YET AVAILABLE OR DETERMINED. SUCH EXTENSION SHALL BE LIMITED TO THE TIME NECESSARY TO ADDRESS THE FACTORS CAUSING SUCH DELAY. 3. THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESI- DENT OF THE SENATE, AND SHALL POST SUCH REPORT ON THE AUTHORITY'S WEBSITE SO THAT IT IS ACCESSIBLE FOR PUBLIC REVIEW. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE PROGRESS OF THE DECARBONIZATION ACTION PLANS; (B) ANY DIFFICULTIES IN PREPARING THE DECARBONIZATION ACTION PLANS; AND (C) ANY ANTICIPATED DELAYS IN COMPLETING THE DECARBON- IZATION ACTION PLANS BY JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN. 4. THE AUTHORITY IS AUTHORIZED TO ALLOCATE UP TO THIRTY MILLION DOLLARS TO PREPARE THE DECARBONIZATION ACTION PLANS. THE OWNER OR OPERA- TOR OF STATE-OWNED FACILITIES SHALL NOT BE RESPONSIBLE FOR REIMBURSING THE AUTHORITY FOR THE COSTS THE AUTHORITY INCURS TO ESTABLISH THE DECAR- BONIZATION ACTION PLANS PROVIDED FOR IN THIS SECTION, PROVIDED THAT THE AUTHORITY IS AUTHORIZED TO OBTAIN REIMBURSEMENT OF SUCH COSTS FROM ANY OTHER AVAILABLE FUNDING SOURCES, AND PROVIDED FURTHER, THAT NOTHING IN THIS SUBDIVISION IS INTENDED TO LIMIT THE AUTHORITY FROM RECEIVING COMPENSATION FOR ANY SERVICES IT PROVIDES TO ANY OWNER OR OPERATOR OF STATE-OWNED FACILITIES, INCLUDING SERVICES RELATED TO IMPLEMENTATION OF DECARBONIZATION PLANS AND DECARBONIZATION PROJECTS, ON SUCH TERMS AND CONDITIONS AS THE PARTIES AGREE. 5. THE AUTHORITY MAY ASK AND SHALL RECEIVE FROM THE STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF GENERAL SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE DORMITORY AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND ANY OWNERS AND OPERATORS OF STATE-OWNED FACILITIES, ANY INFORMATION OR STAFF TECHNICAL ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION. 6. THE CHILLER. THE STATE UNIVERSITY OF NEW YORK SHALL UTILIZE UP TO THIRTY MILLION DOLLARS OF THE 2023-24 NEW YORK STATE URBAN DEVELOPMENT CORPORATION CAPITAL APPROPRIATION FOR THE REPLACEMENT OF ABSORPTION CHILLERS IN THE CENTRAL CHILLER PLANT OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY. 7. ANY PROJECT, INCLUDING ANY THERMAL ENERGY PROJECT, THAT MAY BE FUNDED AS A RESULT OF A DECARBONIZATION ACTION PLAN COMPLETED PURSUANT TO THIS SECTION SHALL: (A) BE DEEMED A PUBLIC WORK PROJECT SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW; (B) REQUIRE THAT THE COMPONENT PARTS OF ANY GEOTHERMAL SYSTEMS OR ANY OTHER HEATING OR COOLING SYSTEMS ARE S. 4006--C 138 A. 3006--C PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, SUBJECT TO A WAIVER PROVISION SIMILAR TO THE ONE CONTAINED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-S OF THE PUBLIC SERVICE LAW; (C) CONTAIN A REQUIREMENT THAT ANY PUBLIC OWNER OR THIRD PARTY ACTING ON BEHALF OF A PUBLIC OWNER ENTER INTO A PROJECT LABOR AGREEMENT AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW FOR ALL CONSTRUCTION WORK; AND (D) REQUIRE THE PAYMENT OF PREVAILING WAGE STANDARDS CONSISTENT WITH ARTICLE NINE OF THE LABOR LAW FOR BUILD- ING SERVICES WORK. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC EMPLOYEES AND THE WORK JURISDICTION, COVERED JOB TITLES, AND WORK ASSIGNMENTS, SET FORTH IN THE CIVIL SERVICE LAW AND COLLECTIVE BARGAINING AGREEMENTS WITH LABOR ORGANIZATIONS REPRESENTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. ANY SUCH PROJECT SHALL NOT RESULT IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT AS SUCH A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) TRANS- FER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPER- ATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND FUNC- TIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY. § 6. This act shall take effect immediately. PART SS Section 1. Section 4 of part LL of chapter 58 of the laws of 2019 amending the public authorities law relating to the provision of renewa- ble power and energy by the Power Authority of the State of New York is amended to read as follows: § 4. This act shall take effect immediately; PROVIDED, HOWEVER, THAT SECTIONS TWO AND THREE OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30, 2033, provided, however, that [the provisions of sections] SUBPARAGRAPH (2) OF PARAGRAPH (A) OF SUBDIVISION 27 OF SECTION 1005 OF THE PUBLIC AUTHORITIES LAW AS ADDED BY SECTION two [and three] of this act shall expire on June 30, 2024 when upon such date [the] SUCH provisions [of such sections] shall be deemed repealed, provided that such repeal shall not affect or impair any act done, any right, permit or authorization accrued or acquired, or any liability incurred, prior to the time such repeal takes effect, and provided further that any project or contract that was awarded by the power authority of the state of New York prior to such repeal shall be permitted to continue under this act notwithstanding such repeal. § 2. This act shall take effect immediately. PART TT Section 1. Section 1854 of the public authorities law is amended by adding three new subdivisions 24, 25 and 26 to read as follows: 24. ALL REVENUES GENERATED PURSUANT TO REGULATIONS OR ACTIONS TAKEN BY THE DEPARTMENT, THE AUTHORITY OR ANY OTHER STATE ENTITY, PURSUANT TO SECTIONS 75-0107 AND 75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE PLACED INTO A SEGREGATED AUTHORITY FUNDING ACCOUNT, ESTAB- LISHED PURSUANT TO SECTION EIGHTEEN HUNDRED FIFTY-NINE OF THIS TITLE, S. 4006--C 139 A. 3006--C PRIOR TO PROGRAMMATIC OR ADMINISTRATIVE ALLOCATION, AND SHALL NOT BE COMMINGLED WITH OTHER AUTHORITY FUNDS. 25. WITHIN THIRTY DAYS FOLLOWING RECEIPT OF REVENUES GENERATED PURSU- ANT TO REGULATIONS OR ACTIONS TAKEN BY THE DEPARTMENT, THE AUTHORITY OR ANY OTHER STATE ENTITY PURSUANT TO SECTIONS 75-0107 AND 75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW, THE AUTHORITY SHALL MAKE THE FOLLOWING TRANSFERS FROM SUCH SEGREGATED AUTHORITY FUNDING ACCOUNT: (A) NOT LESS THAN THIRTY PERCENT TO THE NEW YORK CLIMATE ACTION FUND CONSUMER CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY- NINE-QQ OF THE STATE FINANCE LAW; (B) UP TO THREE PERCENT TO THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW; AND (C) NOT LESS THAN SIXTY-SEVEN PERCENT TO THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY- NINE-QQ OF THE STATE FINANCE LAW. 26. CLIMATE AFFORDABILITY STUDY. THE AUTHORITY AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH THE DIVISION OF THE BUDGET, THE DEPARTMENT OF PUBLIC SERVICE, AND THE DEPARTMENT OF TAXATION AND FINANCE, SHALL CONDUCT A STUDY AND ISSUE A REPORT WITH RECOMMENDA- TIONS FOR THE USE OF MONEYS TRANSFERRED TO THE CONSUMER CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW. SUCH REPORT SHALL BE GUIDED BY THE FINAL SCOPING PLAN PREPARED PURSUANT TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW AND SHALL CONSIDER, AMONG OTHER THINGS: (A) STRUCTURE AND DISTRIB- UTION OF BENEFITS IN AN EQUITABLE MANNER, ACCOUNTING FOR POTENTIAL DISPROPORTIONATE IMPACTS TO LOW-INCOME HOUSEHOLDS AND DISADVANTAGED COMMUNITIES; (B) IMPLEMENTATION OF A VARIETY OF MECHANISMS TO MEET THE VARIED NEEDS OF THE PEOPLE OF THE STATE, WHICH MAY INCLUDE DIRECT PAYMENTS, TAX CREDITS, TRANSIT VOUCHERS, UTILITY ASSISTANCE, OR OTHER FINANCIAL BENEFITS THAT ARE REASONABLE AND PRACTICABLE; (C) FINANCIAL BENEFITS THAT ENSURE THAT INDIVIDUALS RECEIVING MEANS-TESTED GOVERNMENT ASSISTANCE RECEIVE BENEFITS THAT WILL NOT CONSTITUTE INCOME FOR PURPOSES OF ANY SUCH MEANS-TESTED GOVERNMENT ASSISTANCE PROGRAMS; AND (D) BENEFIT PROGRAMS THAT LIMIT THE ADMINISTRATIVE EFFORT REQUIRED OF RECIPIENTS. SUCH STUDY SHALL BE COMPLETED BY THE FIRST OF JANUARY, TWO THOUSAND TWENTY-FOUR, AND SHALL BE DELIVERED TO THE GOVERNOR AND THE LEGISLATURE. § 2. The state finance law is amended by adding a new section 99-qq to read as follows: § 99-QQ. NEW YORK CLIMATE ACTION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK CLIMATE ACTION FUND". 2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT ACCOUNTS WITHIN THE NEW YORK CLIMATE ACTION FUND: (A) CONSUMER CLIMATE ACTION ACCOUNT; (B) INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT; AND (C) CLIMATE INVESTMENT ACCOUNT. 3. (A) THE NEW YORK CLIMATE ACTION FUND CONSUMER CLIMATE ACTION ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARA- GRAPH (A) OF SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED FIFTY- FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES OF PROVIDING BENEFITS TO HELP REDUCE POTENTIAL INCREASED COSTS OF VARIOUS GOODS AND SERVICES TO CONSUMERS IN THE STATE. S. 4006--C 140 A. 3006--C (B) THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRI- ATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES OF PROVIDING BENEFITS TO HELP REDUCE POTENTIAL INCREASED COSTS OF VARIOUS GOODS AND SERVICES TO INDUSTRIAL SMALL BUSINESSES INCORPO- RATED, FORMED OR ORGANIZED, AND DOING BUSINESS IN THE STATE OF NEW YORK. (C) THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS OF THE ACCOUNT SHALL BE MADE AVAILABLE FOR THE PURPOSES OF ASSISTING THE STATE IN TRANSITIONING TO A LESS CARBON INTENSIVE ECONOMY, INCLUDING BUT NOT LIMITED TO: (I) PURPOSES WHICH ARE CONSISTENT WITH THE GENERAL FINDINGS OF THE SCOPING PLAN PREPARED PURSUANT TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW; (II) ADMINISTRATIVE AND IMPLEMENTATION COSTS, AUCTION DESIGN AND SUPPORT COSTS, PROGRAM DESIGN, EVALUATION, AND OTHER ASSOCIATED COSTS; AND (III) MEASURES WHICH PRIOR- ITIZE DISADVANTAGED COMMUNITIES BY SUPPORTING ACTIONS CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH D OF SUBDIVISION THREE OF SECTION 75-0109 AND OF SECTION 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW, IDENTIFIED THROUGH COMMUNITY DECISION-MAKING AND STAKEHOLDER INPUT, INCLUDING EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS IN DISADVANTAGED COMMU- NITIES. 4. MONEYS IN THE NEW YORK CLIMATE ACTION FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. PROVIDED, HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH INVESTMENT SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR PURPOSES OF THE FUND. § 3. The labor law is amended by adding a new section 224-f to read as follows: § 224-F. WAGE REQUIREMENTS FOR CERTAIN CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECTS. 1. FOR PURPOSES OF THIS SECTION, A "COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT" MEANS A CONSTRUCTION PROJECT THAT RECEIVES AT LEAST ONE HUNDRED THOUSAND DOLLARS OF FUNDS FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW. 2. A COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT SHALL BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED TWENTY-THREE, AND TWO HUNDRED TWENTY-FOUR-B OF THIS ARTICLE, PROVIDED THAT A COVERED CLIMATE RISK-RE- LATED AND ENERGY TRANSITION PROJECT MAY STILL OTHERWISE BE CONSIDERED A COVERED PROJECT PURSUANT TO SECTION TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE IF IT MEETS THE DEFINITION THEREIN. 3. FOR PURPOSES OF THIS SECTION, A COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT SHALL EXCLUDE: A. PRIVATELY OWNED CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR DEVELOPER AND A BONA S. 4006--C 141 A. 3006--C FIDE BUILDING AND CONSTRUCTION TRADES LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF, AND/OR ITS AFFILIATES, 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 B. CONSTRUCTION WORK ON ONE- OR TWO-FAMILY DWELLINGS WHERE THE PROPER- TY IS THE OWNER'S PRIMARY RESIDENCE, OR CONSTRUCTION WORK PERFORMED ON PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING UNITS; OR C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE AND/OR ANCIL- LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF THE FOLLOWING CIRCUMSTANCES: (I) WHERE NO LESS THAN TWENTY-FIVE PERCENT OF THE RESIDENTIAL UNITS ARE AFFORDABLE AND SHALL BE RETAINED SUBJECT TO AN ANTICIPATED REGULATO- RY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY, OR A NOT-FOR-PROFIT ENTITY WITH AN ANTICIPATED FORMAL AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY FOR PURPOSES OF PROVIDING AFFORDA- BLE HOUSING IN A GIVEN LOCALITY OR REGION PROVIDED THAT THE PERIOD OF AFFORDABILITY FOR A RESIDENTIAL UNIT DEEMED AFFORDABLE UNDER THE PROVISIONS OF THIS PARAGRAPH SHALL BE FOR NO LESS THAN FIFTEEN YEARS FROM THE DATE OF CONSTRUCTION; OR (II) WHERE NO LESS THAN THIRTY-FIVE PERCENT OF THE RESIDENTIAL UNITS INVOLVES THE PROVISION OF SUPPORTIVE HOUSING SERVICES FOR VULNERABLE POPULATIONS PROVIDED THAT SUCH UNITS ARE SUBJECT TO AN ANTICIPATED REGU- LATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY. 4. AS A CONDITION OF RECEIVING FUNDS FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY- NINE-QQ OF THE STATE FINANCE LAW FOR A COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT, THE OWNER OR DEVELOPER OF SUCH COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT, OR A THIRD PARTY ACTING ON SUCH OWNER'S OR DEVELOPER'S BEHALF, SHALL AGREE TO ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION EITHER: A. WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING NON-CONSTRUCTION EMPLOYEES WHO WILL BE WORKING WITHIN THE COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT ONCE BUILT; OR B. UPON NOTICE BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING TO REPRESENT SUCH NON-CONSTRUCTION EMPLOYEES. 5. FOR PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN OWNER AND/OR DEVELOPER AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING IN PICKETING, WORK STOP- PAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE. 6. THE OWNER OR DEVELOPER USING FUNDS FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY- NINE-QQ OF THE STATE FINANCE LAW FOR A COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT PURSUANT TO THIS SECTION SHALL: A. REQUIRE THE USE OF APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THIS CHAPTER; OR FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, REQUIRE THE USE OF WORKFORCE TRAINING, PREFERABLY IN CONJUNC- TION WITH A BONA FIDE LABOR ORGANIZATION; AND B. CONSIDER USE OF REGISTERED PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL AND/OR DISADVANTAGED WORKERS. 7. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED CLIMATE RISK-RE- S. 4006--C 142 A. 3006--C LATED AND ENERGY TRANSITION PROJECT UNDER THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWEN- TY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED TWENTY- THREE, TWO HUNDRED TWENTY-FOUR-B OF THIS ARTICLE, AND SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE. 8. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B OF THIS ARTICLE. 9. FOR ANY BUILDING SERVICE WORK ON A COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT, PREVAILING WAGE SHALL BE PAID CONSISTENT WITH ARTICLE NINE OF THIS CHAPTER. 10. ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS IN FUNDS FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTAB- LISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW FOR A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT OR OTHER IMPROVEMENT OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-TWO OF THIS ARTICLE. § 4. The labor law is amended by adding a new section 21-f to read as follows: § 21-F. JOB TRANSITION PLAN FOR CERTAIN CLIMATE RISK-RELATED AND ENER- GY TRANSITION PROJECTS. 1. THE COMMISSIONER, IN CONSULTATION WITH LABOR ORGANIZATIONS, SHALL DEVELOP A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY CLIMATE RISK-RELATED AND ENER- GY TRANSITION PROJECTS FUNDED FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE- QQ OF THE STATE FINANCE LAW. THIS PLAN SHALL INCLUDE A METHOD OF ALLOW- ING DISPLACED AND TRANSITIONING WORKERS, INCLUDING AFFECTED LABOR ORGAN- IZATIONS, TO NOTIFY THE COMMISSIONER OF THE LOSS OF EMPLOYMENT, THEIR PREVIOUS TITLE, AND PREVIOUS WAGE RATES INCLUDING WHETHER THEY PREVIOUS- LY RECEIVED MEDICAL BENEFITS, RETIREMENT BENEFITS, AND/OR OTHER BENE- FITS. THE PLAN SHALL REQUIRE EMPLOYERS TO NOTIFY THE COMMISSIONER OF WORKERS LAID OFF OR DISCHARGED DUE TO CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECTS FUNDED FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW. 2. FUNDING SHALL BE MADE AVAILABLE FOR WORKER TRANSITION AND RETRAIN- ING, WHICH SHALL INCLUDE FUNDING AS PROVIDED BY SUBDIVISION TWENTY-SEV- EN-D OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. 3. THE COMMISSIONER SHALL CREATE A PROGRAM PURSUANT TO WHICH, WHERE APPLICABLE AND FEASIBLE, NEWLY CREATED JOB OPPORTUNITIES SHALL BE OFFERED TO A POOL OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOY- MENT OR WILL BE LOSING THEIR EMPLOYMENT IN THE ENERGY SECTOR DUE TO CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECTS FUNDED FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW. SUCH PROGRAM SHALL INCLUDE A METHOD FOR THE COMMISSIONER TO COMMUNICATE NAMES AND CONTACT INFORMATION FOR DISPLACED OR TRANSITIONING WORKERS TO PUBLIC ENTITIES THAT MAY HAVE JOB OPPORTUNITIES FOR SUCH WORKERS EVERY NINETY DAYS. § 5. Notwithstanding any provision of law to the contrary, all rights or benefits, including terms and conditions of employment, and S. 4006--C 143 A. 3006--C protection of civil service and collective bargaining status of all existing public employees and the work jurisdiction, covered job titles, and work assignments, set forth in the civil service law and collective bargaining agreements with labor organizations representing public employees shall be preserved and protected. Nothing in this section shall result in the: (i) displacement of any currently employed worker or loss of position (including partial displacement as such a reduction in the hours of non-overtime work, wages, or employment benefits) or result in the impairment of existing collective bargaining agreements; (ii) transfer of existing duties and functions related to maintenance and operations currently performed by existing employees of authorized entities to a contracting entity; or (iii) transfer of future duties and functions ordinarily performed by employees of authorized entities to a contracting entity. § 6. The public service law is amended by adding a new section 66-v to read as follows: § 66-V. REQUIREMENTS FOR CERTAIN CLIMATE RISK-RELATED AND ENERGY TRAN- SITION PROJECTS. 1. EACH CONTRACT USING FUNDS FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW FOR A COVERED CLIMATE RISK-RE- LATED AND ENERGY TRANSITION PROJECT SHALL CONTAIN A PROVISION THAT THE IRON AND STEEL USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO AND THAT IS PERMANENTLY INCORPORATED INTO THE PROJECT, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN IRON OR STEEL PRODUCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF THIS SUBDIVISION, "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PROJECT TO WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER SHALL NOT BE CONSIDERED PERMANENTLY INCORPORATED. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE PUBLIC ENTITY PROVIDING FUNDS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS, OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR STEEL, INCLUDING WITHOUT LIMITATION IRON AND STEEL, CANNOT BE PRODUCED OR MADE IN THE UNITED STATES ITS TERRITORIES OR POSSESSIONS IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUAL- ITY. 3. THE HEAD OF THE PUBLIC ENTITY PROVIDING FUNDS GENERATED FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW MAY, IN HIS OR HER SOLE DISCRETION, PROVIDE FOR IN A REQUEST FOR PROPOSAL, INVITA- TION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTEND- ING TO RESULT IN A CONTRACT IN SUPPORT OF A PROJECT, A COMPETITIVE PROC- ESS IN WHICH THE EVALUATION OF COMPETING BIDS GIVES SIGNIFICANT CONSID- ERATION IN THE EVALUATION PROCESS TO THE PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW YORK STATE. § 7. This act shall take effect immediately. S. 4006--C 144 A. 3006--C PART UU Section 1. The Legislature hereby finds and declares that the Marijua- na Regulation and Taxation Act (MRTA) envisioned the creation of new legal industries in which cannabis is regulated, controlled and taxed, and the generation of new revenue streams that enable substantial investments into communities and for the people most impacted by canna- bis criminalization. The Legislature further finds that additional regulations to curb illegal cannabis retail establishments are necessary to fully effectuate the MRTA and ensure that the goals of the MRTA are achieved. § 2. Subdivisions (a) and (g) of section 492 of the tax law, as added by chapter 92 of the laws of 2021, are amended and a new subdivision (l) is added to read as follows: (a) "Adult-use cannabis product" [or "adult-use cannabis" has the same meaning as the term is defined in section three of the cannabis law] MEANS CANNABIS, CONCENTRATED CANNABIS, AND CANNABIS-INFUSED PRODUCTS, AS REFLECTED ON THE PRODUCT LABEL, WHETHER OR NOT SUCH ADULT-USE CANNABIS PRODUCT IS FOR USE BY A CANNABIS CONSUMER AS SUCH A CONSUMER IS DEFINED IN SUBDIVISION SIX OF SECTION THREE OF THE CANNABIS LAW. For purposes of this article, under no circumstances shall adult-use cannabis product include medical cannabis or cannabinoid hemp product as defined in section three of the cannabis law. (g) "Illicit cannabis" means and includes [cannabis flower, concen- trated cannabis, cannabis edible product and cannabis plant] ANY ADULT- USE CANNABIS PRODUCT, INCLUDING CONCENTRATED CANNABIS AND CANNABIS EDIBLE PRODUCTS on which any tax required to have been paid under this chapter has not been paid. Illicit cannabis shall not include any canna- bis lawfully possessed in accordance with the cannabis law or penal law. (L) "POSSESSION FOR SALE" OR "POSSESSED FOR SALE" MEANS POSSESSION OF MORE THAN FIVE POUNDS OF ADULT-USE CANNABIS PRODUCTS, OR ONE POUND OF CONCENTRATED CANNABIS PRODUCTS OR CANNABIS EDIBLE PRODUCTS, AT A BUSI- NESS OR OTHER LOCATION USED FOR THE STORAGE, DISTRIBUTION OR SALE OF SUCH CANNABIS PRODUCTS WITH THE INTENT THAT SUCH PRODUCTS BE SOLD AT RETAIL. POSSESSION SHALL BE PRESUMED TO BE FOR SALE WHEN THE ADULT-USE CANNABIS PRODUCTS ARE POSSESSED IN ANY PLACE OF BUSINESS USED FOR THE BUYING AND SELLING OF SUCH ADULT-USE CANNABIS PRODUCTS. POSSESSION SHALL NOT BE PRESUMED TO BE FOR SALE WHEN THE ADULT-USE CANNABIS PRODUCTS ARE POSSESSED IN A RESIDENCE OR OTHER REAL PROPERTY, OR ANY PERSONAL VEHICLE ON OR ABOUT SUCH PROPERTY, NOT BEING USED AS A BUSINESS FOR THE BUYING AND SELLING OF SUCH ADULT-USE CANNABIS PRODUCTS. § 3. Section 494 of the tax law, as added by chapter 92 of the laws of 2021, is amended to read as follows: § 494. Registration and renewal. (a) [(i)] (1) Every distributor on whom tax is imposed under this article and every person who sells adult-use cannabis products at retail must file with the commissioner a properly completed application for a certificate of registration AND OBTAIN SUCH CERTIFICATE before engaging in business, PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO A NATURAL PERSON ENGAGED IN LAWFUL ACTIVITY PERTAINING TO PERSONAL USE OR PERSONAL CULTIVATION PURSUANT TO ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW. An application for a certificate of registration must be submitted electronically, on a form prescribed by the commissioner, and must be accompanied by a non-refund- able application fee of six hundred dollars. A certificate of registra- tion shall not be assignable or transferable and shall be destroyed S. 4006--C 145 A. 3006--C immediately upon such person ceasing to do business as specified in such certificate, or in the event that such business never commenced. [(ii)] (2) Provided, however, that the commissioner shall refund or credit an application fee paid with respect to the registration of an adult-use cannabis business in this state if, prior to the beginning of the period with respect to which such registration relates, the certif- icate of registration described in [subparagraph (i)] PARAGRAPH ONE of this [paragraph] SUBDIVISION is returned to the department or, if such certificate has been destroyed, the operator of such business satisfac- torily accounts to the commissioner for the missing certificate, but such business may not sell adult-use cannabis products in this state during such period, unless it is re-registered. Such refund or credit shall be deemed a refund of tax paid in error, provided, however, no interest shall be allowed or paid on any such refund. (b) (1) The commissioner shall refuse to issue a certificate of regis- tration to any applicant and shall revoke the certificate of registra- tion of any such person who does not possess a valid license from the office of cannabis management. (2) The commissioner may refuse to issue a certificate of registration to any applicant where such applicant: (i) has a past-due liability as that term is defined in section one hundred seventy-one-v of this chapter; (ii) has had a certificate of registration under this article, a license from the office of cannabis management, or any license or regis- tration provided for in this chapter revoked or suspended where such revocation or suspension was in effect on the date the application was filed or ended within one year from the date on which such application was filed; (iii) has been convicted of a crime provided for in this chapter with- in one year from the date on which such application was filed or the certificate was issued, as applicable; (iv) willfully fails to file a report or return required by this arti- cle; (v) willfully files, causes to be filed, gives or causes to be given a report, return, certificate or affidavit required by this article which is false; [or] (vi) willfully fails to collect or truthfully account for or pay over any tax imposed by this article[.]; (VII) HAS BEEN DETERMINED TO HAVE POSSESSED ILLICIT CANNABIS WITHIN ONE YEAR FROM THE DATE ON WHICH SUCH APPLICATION WAS FILED; (VIII) IS A DISTRIBUTOR THAT HAS BEEN DETERMINED TO HAVE KNOWINGLY SOLD ADULT-USE CANNABIS PRODUCTS TO ANY PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL AND WHO IS NOT REGISTERED UNDER THIS SECTION, OR WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED; OR (IX) HAS A PLACE OF BUSINESS AT THE SAME PREMISES AS THAT OF A DISTRIBUTOR UPON WHOM TAX IS IMPOSED UNDER THIS ARTICLE, OR PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL, WHOSE REGISTRATION HAS BEEN REVOKED AND WHERE SUCH REVOCATION IS STILL IN EFFECT, UNLESS THE APPLI- CANT PROVIDES THE COMMISSIONER WITH ADEQUATE DOCUMENTATION DEMONSTRATING THAT SUCH APPLICANT ACQUIRED THE PREMISES OR BUSINESS THROUGH AN ARM'S LENGTH TRANSACTION AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY-A OF THIS CHAPTER AND THAT THE SALE OR LEASE WAS NOT CONDUCTED, IN WHOLE OR IN PART, FOR THE PURPOSE OF PERMITTING THE ORIGINAL REGISTRANT TO AVOID THE EFFECT OF THE PREVIOUS REVOCATION FOR THE SAME PREMISES. S. 4006--C 146 A. 3006--C (3) THE COMMISSIONER MAY REVOKE THE CERTIFICATE OF REGISTRATION ISSUED TO ANY PERSON WHO: (I) HAS HAD ANY LICENSE OR REGISTRATION PROVIDED FOR IN THIS CHAPTER REVOKED OR SUSPENDED; (II) HAS BEEN CONVICTED OF A CRIME PROVIDED FOR IN THIS CHAPTER WHERE SUCH CONVICTION OCCURRED NOT MORE THAN ONE YEAR PRIOR TO THE DATE OF REVOCATION; (III) WILLFULLY FAILS TO FILE A REPORT OR RETURN REQUIRED BY THIS ARTICLE; (IV) WILLFULLY FILES, CAUSES TO BE FILED, GIVES OR CAUSES TO BE GIVEN A REPORT, RETURN, CERTIFICATE OR AFFIDAVIT REQUIRED BY THIS ARTICLE WHICH IS FALSE; (V) WILLFULLY FAILS TO COLLECT OR TRUTHFULLY ACCOUNT FOR OR PAY OVER ANY TAX IMPOSED BY THIS ARTICLE; OR (VI) IS A DISTRIBUTOR THAT HAS BEEN DETERMINED TO HAVE KNOWINGLY SOLD ADULT-USE CANNABIS PRODUCTS TO ANY PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL AND WHO IS NOT REGISTERED UNDER THIS SECTION, OR WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED. [(2)] (4) In addition to the grounds for revocation in [paragraph (1) of] this subdivision, where a person who holds a certificate of regis- tration is determined to have possessed or sold illicit cannabis: (1) such registration may be revoked (I) for a period of up to one year for the first such possession or sale BY SUCH PERSON; [(2)] (II) FOR A PERIOD OF UP TO THREE YEARS for a second such possession or sale within a period of five years by such person[, the registration of such person may be revoked for a period of up to three years]; AND [(3)] (III) FOR A PERIOD OF UP TO FIVE YEARS for a third such possession or sale within a period of [up to] five years by such person[, the registration of such person may be revoked for a period of five years]. A certificate of registration may be revoked pursuant to this paragraph immediately upon such person's receipt of written notice of revocation from the commissioner. A PERSON WHO IS NOTIFIED OF A REVOCATION OF THEIR CERTIFICATE OF REGISTRATION PURSUANT TO THIS PARAGRAPH SHALL HAVE THE RIGHT TO HAVE THE REVOCATION REVIEWED BY THE COMMISSIONER OR THEIR DESIGNEE BY CONTACTING THE DEPARTMENT AT A TELEPHONE NUMBER OR AN ADDRESS TO BE DISCLOSED IN THE NOTICE OF REVOCATION WITHIN TEN DAYS OF SUCH PERSON'S RECEIPT OF SUCH NOTIFICATION. SUCH PERSON MAY PRESENT WRITTEN EVIDENCE OR ARGUMENT IN SUPPORT OF THEIR DEFENSE TO THE REVOCATION OR MAY APPEAR AT A SCHED- ULED CONFERENCE WITH THE COMMISSIONER OR THEIR DESIGNEE TO PRESENT ORAL ARGUMENTS AND WRITTEN AND ORAL EVIDENCE IN SUPPORT OF SUCH DEFENSE. THE COMMISSIONER OR THEIR DESIGNEE IS AUTHORIZED TO DELAY THE EFFECTIVE DATE OF THE REVOCATION TO ENABLE SUCH PERSON TO PRESENT FURTHER EVIDENCE OR ARGUMENTS IN CONNECTION WITH THE REVOCATION. THE COMMISSIONER OR THEIR DESIGNEE SHALL CANCEL THE REVOCATION OF THE CERTIFICATE OF REGISTRATION IF THE COMMISSIONER OR THEIR DESIGNEE IS NOT SATISFIED BY A PREPONDER- ANCE OF THE EVIDENCE THAT A BASIS FOR REVOCATION PURSUANT TO THIS PARA- GRAPH EXISTS. AN ORDER OF REVOCATION OF A CERTIFICATE OF REGISTRATION UNDER THIS PARAGRAPH SHALL NOT BE REVIEWABLE BY THE DIVISION OF TAX APPEALS BUT MAY BE REVIEWED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES BY A PROCEEDING COMMENCED IN THE SUPREME COURT WITHIN FOUR MONTHS OF THE REVOCATION PETITIONING THAT THE ORDER OF REVOCATION BE ENJOINED OR SET ASIDE. SUCH PROCEEDING SHALL BE INSTITUTED IN THE COUNTY WHERE THE COMMISSIONER HAS THEIR PRINCIPAL OFFICE. UPON THE FILING OF SUCH PETITION THE COURT SHALL HAVE JURISDICTION TO SET S. 4006--C 147 A. 3006--C ASIDE SUCH ORDER OF REVOCATION, IN WHOLE OR IN PART, OR TO DISMISS THE PETITION. THE JURISDICTION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS ORDER DISMISSING THE PETITION OR ENJOINING OR SETTING ASIDE SUCH ORDER, IN WHOLE OR IN PART, SHALL BE FINAL, SUBJECT TO REVIEW BY THE APPELLATE DIVISION OF THE SUPREME COURT AND THE COURT OF APPEALS IN THE SAME MANNER AND FORM AND WITH THE SAME EFFECT AS PROVIDED BY LAW FOR APPEALS FROM A JUDGMENT IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND DETERMINED BY THE COURT AND BY ANY APPELLATE COURT AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE OVER OTHER CIVIL MATTERS. ALL SUCH PROCEEDINGS FOR REVIEW SHALL BE HEARD ON THE PETITION, TRANSCRIPT AND OTHER PAPERS, AND ON APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT OF PRINTING. (c) WHERE A PERSON THAT DOES NOT POSSESS A CERTIFICATE OF REGISTRATION UNDER THIS SECTION HAS BEEN DETERMINED TO HAVE POSSESSED OR SOLD ANY ADULT-USE CANNABIS PRODUCT OR ILLICIT CANNABIS: (1) THE COMMISSIONER MAY REVOKE A CERTIFICATE OF AUTHORITY ISSUED TO SUCH PERSON PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS CHAP- TER FOR A PLACE OF BUSINESS WHERE SUCH PERSON HAS BEEN DETERMINED TO HAVE POSSESSED FOR SALE OR TO HAVE SOLD ADULT-USE CANNABIS PRODUCT OR ILLICIT CANNABIS THREE OR MORE TIMES WITHIN A PERIOD OF FIVE YEARS WITH- OUT A CERTIFICATE OF REGISTRATION. (2) THE COMMISSIONER MAY REFUSE TO ISSUE A CERTIFICATE OF AUTHORITY UNDER SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS CHAPTER TO A DISTRIBU- TOR UPON WHOM TAX IS IMPOSED UNDER THIS ARTICLE, OR A PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL, WHO HAS A PLACE OF BUSINESS AT THE SAME PREMISES AS THAT OF A PERSON WHOSE CERTIFICATE OF AUTHORITY HAS BEEN REVOKED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION AND WHERE SUCH REVOCATION IS STILL IN EFFECT, UNLESS THE APPLICANT PROVIDES THE COMMISSIONER WITH ADEQUATE DOCUMENTATION DEMONSTRATING THAT SUCH APPLI- CANT ACQUIRED THE PREMISES OR BUSINESS THROUGH AN ARM'S LENGTH TRANS- ACTION AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY-A OF THIS CHAPTER AND THAT THE SALE OR LEASE WAS NOT CONDUCTED, IN WHOLE OR IN PART, FOR THE PURPOSE OF PERMITTING THE ORIGINAL REGISTRANT TO AVOID THE EFFECT OF THE PREVIOUS REVOCATION FOR THE SAME PREMISES. (D) A certificate of registration shall be valid for the period speci- fied thereon, unless earlier suspended or revoked. Upon the expiration of the term stated on a certificate of registration, such certificate shall be null and void. [(d)] (E) Every holder of a certificate of registration must notify the commissioner of changes to any of the information stated on the certificate, or of changes to any information contained in the applica- tion for the certificate of registration. Such notification must be made on or before the last day of the month in which a change occurs and must be made electronically on a form prescribed by the commissioner. [(e)] (F) Every holder of a certificate of registration under this article shall be required to reapply prior to such certificate's expira- tion, during a reapplication period established by the commissioner. Such reapplication period shall not occur more frequently than every two years. Such reapplication shall be subject to the same requirements and conditions as an initial application, including grounds for refusal and the payment of the application fee. [(f)] (G) Any person who is required to obtain a certificate of regis- tration under subdivision (a) of this section who possesses adult-use cannabis products without such certificate shall be subject to a penalty of [five hundred dollars for each month or part thereof during which S. 4006--C 148 A. 3006--C adult-use cannabis products are possessed without such certificate, not to exceed ten thousand dollars in the aggregate] UP TO SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION AND UP TO FIFTEEN THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS FOLLOW- ING A PRIOR VIOLATION. ANY SUCH ADULT-USE CANNABIS PRODUCT SHALL BE SUBJECT TO IMMEDIATE FORFEITURE TO, AND SEIZURE BY, THE COMMISSIONER OR THEIR DULY AUTHORIZED REPRESENTATIVES, OR THE DULY AUTHORIZED REPRESEN- TATIVES OF THE OFFICE OF CANNABIS MANAGEMENT. (H) NO DISTRIBUTOR ON WHOM TAX IS IMPOSED UNDER THIS ARTICLE SHALL SELL ANY ADULT-USE CANNABIS PRODUCT TO ANY PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL AND WHO IS NOT REGISTERED UNDER THIS SECTION, OR WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED. § 4. Section 496 of the tax law is amended by adding a new subdivision (c) to read as follows: (C) THE FAILURE OF ANY PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL, EXCEPT A PERSON WHO POSSESSES A VALID REGISTERED ORGANIZATION ADULT-USE CULTIVATOR PROCESSOR DISTRIBUTOR RETAIL DISPENSARY LICENSE OR MICROBUSINESS LICENSE ISSUED BY THE OFFICE OF CANNABIS MANAGEMENT, TO COMPLY WITH SUBDIVISION (A) OF THIS SECTION FOR THE ADULT-USE CANNABIS PRODUCTS IN SUCH PERSON'S POSSESSION SHALL BE PRESUMPTIVE EVIDENCE THAT THE TAX THEREON HAS NOT BEEN PAID, AND THAT SUCH PERSON SHALL BE LIABLE FOR THE TAX THEREON UNLESS EVIDENCE OF SUCH INVOICE, PAYMENT OR ASSUMP- TION SHALL LATER BE PRODUCED. § 5. Section 496-c of the tax law, as added by chapter 92 of the laws of 2021, is amended to read as follows: § 496-c. [Illicit cannabis penalty] ADDITIONAL PENALTIES. (a) In addition to any other civil or criminal penalties that may apply, any person knowingly in possession of or knowingly having control over ANY TYPE OF illicit cannabis, as defined in section four hundred ninety-two of this article, after notice and an opportunity for a hearing, shall be liable for a civil penalty [of not less than two hundred dollars per ounce of illicit cannabis flower, five dollars per milligram of the total weight of any illicit cannabis edible product, fifty dollars per gram of the total weight of any product containing illicit cannabis concentrate, and five hundred dollars per illicit cannabis plant, but not to exceed four hundred dollars per ounce of illicit cannabis flower, ten dollars per milligram of the total weight of any illicit cannabis edible product, one hundred dollars per gram of the total weight of any product containing illicit cannabis concentrate, and one thousand dollars per illicit cannabis plant] IN AN AMOUNT UP TO TWO TIMES THE AMOUNT OF TAX OTHERWISE REQUIRED TO BE PAID FOR SUCH PRODUCT for a first violation, and for a second [and] OR subsequent violation within three years following a prior violation [shall] MAY be liable for a civil penalty [of not less than four hundred dollars per ounce of illicit cannabis flower, ten dollars per milligram of the total weight of any illicit cannabis edible product, one hundred dollars per gram of the total weight of any product containing illicit cannabis concentrate, and one thousand dollars per illicit cannabis plant, but not to exceed five hundred dollars per ounce of illicit cannabis flower, twenty dollars per milligram of the total weight of any illicit cannabis edible product, two hundred dollars per gram of the total weight of any product contain- ing illicit cannabis concentrate, and two thousand dollars per illicit cannabis plant] IN AN AMOUNT UP TO THREE TIMES THE AMOUNT OF TAX OTHER- WISE REQUIRED TO BE PAID FOR SUCH PRODUCT. (b) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY THIS CHAPTER OR ANY OTHER LAW: S. 4006--C 149 A. 3006--C (1) ANY PERSON WHO KNOWINGLY POSSESSES FOR SALE, AS SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE, MORE THAN FIVE POUNDS BUT LESS THAN TWELVE POUNDS OF ILLICIT CANNABIS OR MORE THAN ONE POUND BUT LESS THAN FOUR POUNDS OF ILLICIT CONCENTRATED CANNABIS OR ILLICIT CANNABIS EDIBLE PRODUCT, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, MAY BE LIABLE FOR A CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR A FIRST VIOLATION AND MAY BE LIABLE FOR A CIVIL PENALTY OF UP TO FIFTY THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS FOLLOWING A PRIOR VIOLATION. (2) ANY PERSON WHO KNOWINGLY POSSESSES FOR SALE, AS SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE, OVER TWELVE OR MORE POUNDS OF ILLICIT CANNABIS OR FOUR OR MORE POUNDS OF ILLICIT CONCENTRATED CANNABIS OR ILLICIT CANNABIS EDIBLE PRODUCT, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, MAY BE LIABLE FOR A CIVIL PENALTY OF UP TO SEVENTY-FIVE THOUSAND DOLLARS FOR A FIRST VIOLATION AND MAY BE LIABLE FOR A CIVIL PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS FOLLOWING A PRIOR VIOLATION. (3) IN ADDITION TO ANY PENALTY IMPOSED PURSUANT TO PARAGRAPHS ONE OR TWO OF THIS SUBDIVISION, ANY PERSON WHO KNOWINGLY POSSESSES FOR SALE, AS SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE, MORE THAN FIVE POUNDS OF ILLICIT CANNABIS, OR MORE THAN ONE POUND OF ILLICIT CONCENTRATED CANNABIS OR ILLICIT CANNABIS EDIBLE PRODUCT, IN A COMMERCIAL LOCATION, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, MAY BE SUBJECT TO AN ADDITIONAL CIVIL PENALTY OF UP TO FIFTY THOUSAND DOLLARS FOR A FIRST VIOLATION AND MAY BE LIABLE FOR A CIVIL PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS FOLLOWING A PRIOR VIOLATION. FOR PURPOSES OF THIS PARAGRAPH, "COMMERCIAL LOCATION" MEANS REAL PROPERTY OR A VEHICLE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING USED TO CONDUCT WHOLESALE OR RETAIL TRANSACTIONS, INCLUDING A STORAGE AREA IN OR ADJACENT TO SUCH PROPERTY OR VEHICLE. SUCH TERM SHALL NOT INCLUDE A RESIDENCE OR A PERSONALLY-OWNED VEHICLE LOCATED AT SUCH RESIDENCE. (C) ANY DISTRIBUTOR ON WHOM TAX IS IMPOSED UNDER THIS ARTICLE THAT KNOWINGLY SELLS ANY ADULT-USE CANNABIS PRODUCT TO ANY PERSON WHO SELLS AT RETAIL ADULT-USE CANNABIS PRODUCTS WHO IS NOT REGISTERED UNDER SECTION FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE, OR WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED, MAY, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, BE LIABLE FOR A CIVIL PENALTY OF UP TO FIFTY THOUSAND DOLLARS FOR A FIRST VIOLATION AND UP TO ONE HUNDRED THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS FOLLOWING A PRIOR VIOLATION. (D) No enforcement action taken under this section shall be construed to limit any other criminal or civil liability of anyone in possession of illicit cannabis. [(c)] (E) The [penalty] PENALTIES imposed by this section shall not apply to NATURAL persons lawfully in possession of [less than two ounces of] adult-use cannabis or [ten grams of] concentrated cannabis [in accordance with the cannabis law or penal law] FOR PERSONAL USE AS PROVIDED IN ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW. § 6. The tax law is amended by adding two new sections 496-d and 496-e to read as follows: § 496-D. ENFORCEMENT. THE COMMISSIONER OR THE COMMISSIONER'S DULY AUTHORIZED REPRESENTATIVES ARE HEREBY AUTHORIZED: (A) TO CONDUCT REGULATORY INSPECTIONS DURING NORMAL BUSINESS HOURS OF ANY PLACE OF BUSINESS, INCLUDING A VEHICLE USED FOR SUCH BUSINESS, S. 4006--C 150 A. 3006--C WHERE ADULT-USE CANNABIS PRODUCTS ARE DISTRIBUTED, PLACED, STORED, SOLD OR OFFERED FOR SALE. FOR THE PURPOSES OF THIS SECTION, "PLACE OF BUSI- NESS" SHALL NOT INCLUDE A RESIDENCE OR OTHER REAL PROPERTY, OR ANY PERSONAL VEHICLE ON OR ABOUT SUCH PROPERTY, NOT HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMERCIAL MANNER, UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROP- ERTY OR VEHICLE IS BEING USED IN SUCH A BUSINESS OR COMMERCIAL MANNER FOR THE BUYING OR SELLING OF ADULT-USE CANNABIS PRODUCTS. (B) TO EXAMINE ANY ADULT-USE CANNABIS PRODUCTS AND THE BOOKS, PAPERS, INVOICES AND OTHER RECORDS OF ANY PLACE OF BUSINESS OR VEHICLE WHERE ADULT-USE CANNABIS PRODUCTS ARE DISTRIBUTED, PLACED, STORED, SOLD OR OFFERED FOR SALE. ANY PERSON IN POSSESSION, CONTROL OR OCCUPANCY OF ANY SUCH BUSINESS IS REQUIRED TO GIVE TO THE COMMISSIONER OR THE COMMISSION- ER'S DULY AUTHORIZED REPRESENTATIVES OR THE DULY AUTHORIZED REPRESEN- TATIVES OF THE OFFICE OF CANNABIS MANAGEMENT, THE MEANS, FACILITIES, AND OPPORTUNITY FOR SUCH EXAMINATIONS. FOR THE PURPOSES OF THIS SECTION, "PLACE OF BUSINESS" SHALL NOT INCLUDE A RESIDENCE OR OTHER REAL PROPER- TY, OR ANY PERSONAL VEHICLE ON OR ABOUT SUCH PROPERTY, NOT HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMER- CIAL MANNER, UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESI- DENCE, REAL PROPERTY OR VEHICLE IS BEING USED IN SUCH A BUSINESS OR COMMERCIAL MANNER FOR THE BUYING OR SELLING OF ADULT-USE CANNABIS PRODUCTS. (C) IF ANY PERSON REGISTERED UNDER SECTION FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE, OR THEIR AGENTS, REFUSES TO GIVE THE COMMISSIONER, OR THE COMMISSIONER'S DULY AUTHORIZED REPRESENTATIVES, THE MEANS, FACILITIES AND OPPORTUNITY FOR THE INSPECTIONS AND EXAMINATIONS REQUIRED BY THIS SECTION, THE COMMISSIONER, AFTER NOTICE AND AN OPPORTUNITY FOR A HEAR- ING, MAY REVOKE THEIR REGISTRATION TO DISTRIBUTE OR SELL ADULT-USE CANNABIS PRODUCTS AT RETAIL: (I) FOR A PERIOD OF ONE YEAR FOR THE FIRST SUCH FAILURE; (II) FOR A PERIOD OF UP TO THREE YEARS FOR A SECOND SUCH FAILURE WITH- IN A PERIOD OF THREE YEARS; AND (III) FOR A PERIOD OF UP TO SEVEN YEARS FOR A THIRD SUCH FAILURE WITH- IN FIVE YEARS. (D) THE COMMISSIONER OR THE COMMISSIONER'S DULY AUTHORIZED REPRESEN- TATIVES SHALL SEIZE ANY ILLICIT CANNABIS FOUND IN ANY PLACE OF BUSINESS OR VEHICLE WHERE ADULT-USE CANNABIS PRODUCTS ARE DISTRIBUTED, PLACED, STORED, SOLD OR OFFERED FOR SALE BY ANY PERSON WHO DOES NOT POSSESS A CERTIFICATE OF REGISTRATION AS DESCRIBED IN SECTION FOUR HUNDRED NINE- TY-FOUR OF THIS CHAPTER. (E) ALL ILLICIT CANNABIS SEIZED PURSUANT TO THE AUTHORITY OF THIS CHAPTER OR ANY OTHER LAW OF THIS STATE SHALL BE TURNED OVER TO THE OFFICE OF CANNABIS MANAGEMENT OR THEIR AUTHORIZED REPRESENTATIVE. SUCH SEIZED ILLICIT CANNABIS SHALL, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, BE FORFEITED TO THE STATE. IF THE OFFICE OF CANNABIS MANAGE- MENT DETERMINES THE ILLICIT CANNABIS CANNOT BE USED FOR LAW ENFORCEMENT PURPOSES, IT MAY, WITHIN A REASONABLE TIME AFTER THE FORFEITURE OF SUCH ILLICIT CANNABIS, UPON PUBLICATION IN THE STATE REGISTRY, DESTROY SUCH FORFEITED ILLICIT CANNABIS. § 496-E. NOTIFICATION OF ENFORCEMENT ACTIONS. THE COMMISSIONER SHALL NOTIFY THE CANNABIS CONTROL BOARD AND THE OFFICE OF CANNABIS MANAGEMENT OF THE COMMENCEMENT OF ANY ENFORCEMENT ACTIONS TAKEN UNDER THIS ARTICLE AS WELL AS THE CONCLUSION, OUTCOMES, AND THE AMOUNT OF PENALTIES COLLECTED AS A RESULT OF SUCH ACTIONS. S. 4006--C 151 A. 3006--C § 7. Paragraph 8 of subdivision (a) of section 1801 of the tax law, as added by section 15 of subpart I of part V-1 of chapter 57 of the laws of 2009, is amended and a new paragraph 9 is added to read as follows: (8) issues an exemption certificate, interdistributor sales certif- icate, resale certificate, or any other document capable of evidencing a claim that taxes do not apply to a transaction, which he or she does not believe to be true and correct as to any material matter, which omits any material information, or which is false, fraudulent, or counter- feit[.]; OR (9) (A) KNOWINGLY FAILS TO COLLECT OR REMIT ANY TAXES IMPOSED BY SECTION FOUR HUNDRED NINETY-THREE OF THIS CHAPTER ON THE SALE OF ANY ADULT-USE CANNABIS PRODUCT; OR (B) KNOWINGLY POSSESSES FOR SALE, AS SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS CHAPTER, ANY SUCH PRODUCT ON WHICH THE TAX REQUIRED TO BE PAID UNDER SUBDIVISION (A) OF SUCH SECTION HAS NOT BEEN PAID. § 8. Section 3 of the cannabis law is amended by adding two new subdi- visions 40-a and 46-a to read as follows: 40-A. "PERSON" MEANS AN INDIVIDUAL, INSTITUTION, CORPORATION, GOVERN- MENT OR GOVERNMENTAL SUBDIVISION OR AGENCY, BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP OR ASSOCIATION, OR ANY OTHER ENTITY. 46-A. "INDIRECT RETAIL SALE" MEANS TO GIVE ANY CANNABIS, CANNABIS PRODUCT, CANNABINOID HEMP, HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH BY ANY PERSON ENGAGING IN A COMMERCIAL BUSINESS VENTURE OR OTHERWISE PROVIDING OR OFFERING GOODS OR SERVICES TO THE GENERAL PUBLIC FOR REMUNERATION FOR SUCH GOODS AND/OR SERVICES, WHERE ANY SUCH CANNABIS, CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH, ACCOMPANIES (A) THE SALE OF ANY TANGIBLE OR INTANGIBLE PROPERTY; OR (B) THE PROVISION OF ANY SERVICE, INCLUDING BUT NOT LIMITED TO ENTRY TO A VENUE OR EVENT, OR A BENEFIT OF A MEMBERSHIP TO A CLUB, ASSOCIATION, OR OTHER ORGANIZATION. § 9. Subdivisions 3 and 8 of section 10 of the cannabis law are amended and a new subdivision 3-a is added to read as follows: 3. [Sole discretion to] TO revoke, cancel or suspend [for cause], AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, any registration, license, or permit issued under this chapter [and/or to impose a civil penalty for cause, after notice and an opportunity for a hearing, against any holder of a registration, license, or permit issued pursuant to this chapter] FOR A VIOLATION OF THIS CHAPTER OR ANY REGULATION PURSUANT THERETO. 3-A. TO IMPOSE OR RECOVER A CIVIL PENALTY, AS OTHERWISE AUTHORIZED UNDER THIS CHAPTER, AGAINST ANY PERSON FOUND TO HAVE VIOLATED ANY PROVISION OF THIS CHAPTER, WHETHER OR NOT A REGISTRATION, LICENSE, OR PERMIT HAS BEEN ISSUED TO SUCH PERSON PURSUANT TO THIS CHAPTER. 8. To [inspect or provide authorization for the inspection at any time] CONDUCT REGULATORY INSPECTIONS DURING NORMAL BUSINESS HOURS of any [premises] PLACE OF BUSINESS, INCLUDING A VEHICLE USED FOR SUCH BUSI- NESS, where medical cannabis, adult-use cannabis [or], CANNABIS, CANNA- BIS PRODUCT, cannabinoid hemp [and], hemp extract [is] PRODUCTS, OR ANY PRODUCTS MARKETED OR LABELED AS SUCH, ARE cultivated, processed, stored, distributed or sold BY ANY PERSON HOLDING A REGISTRATION, LICENSE, OR PERMIT UNDER THIS CHAPTER, OR BY ANY PERSON WHO IS ENGAGING IN ACTIVITY FOR WHICH A LICENSE WOULD BE REQUIRED UNDER THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "PLACE OF BUSINESS" SHALL NOT INCLUDE A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMERCIAL MANNER OR S. 4006--C 152 A. 3006--C ANY PRIVATE VEHICLE ON OR ABOUT THE SAME SUCH PROPERTY, UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROPERTY, OR VEHICLE ARE BEING USED IN SUCH BUSINESS OR COMMERCIAL MANNER FOR THE ACTIVITY DESCRIBED HEREIN. § 10. Subdivisions 3 and 5 of section 11 of the cannabis law are amended and three new subdivisions 13, 14 and 15 are added to read as follows: 3. To [inspect or provide for the inspection] CONDUCT REGULATORY INSPECTIONS DURING NORMAL BUSINESS HOURS of any [premises] PLACE OF BUSINESS, INCLUDING A VEHICLE USED FOR SUCH BUSINESS, where [medical] cannabis, [adult-use cannabis] CANNABIS PRODUCT, CANNABINOID hemp [cannabis], HEMP EXTRACT PRODUCTS, OR ANY PRODUCTS MARKETED OR LABELED AS SUCH, are CULTIVATED, PROCESSED, manufactured or sold, IRRESPECTIVE OF WHETHER A REGISTRATION, LICENSE, OR PERMIT HAS BEEN ISSUED UNDER THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "PLACE OF BUSINESS" SHALL NOT INCLUDE A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMER- CIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT THE SAME SUCH PROPERTY, UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROP- ERTY, OR VEHICLE ARE BEING USED IN SUCH BUSINESS OR COMMERCIAL MANNER FOR THE ACTIVITY DESCRIBED HEREIN. 5. To [inspect or provide for the inspection] CONDUCT REGULATORY INSPECTIONS DURING NORMAL BUSINESS HOURS of any REGISTERED, licensed or permitted [premises] PLACE OF BUSINESS, INCLUDING A VEHICLE USED FOR SUCH BUSINESS, where medical CANNABIS, adult-use [or] CANNABIS, CANNABI- NOID hemp [is], HEMP EXTRACT PRODUCTS, OR ANY PRODUCTS MARKETED OR LABELED AS SUCH, ARE cultivated, processed, stored, distributed or sold. FOR THE PURPOSES OF THIS SUBDIVISION, "PLACE OF BUSINESS" SHALL NOT INCLUDE A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMER- CIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT THE SAME SUCH PROPERTY, UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROP- ERTY, OR VEHICLE ARE BEING USED IN SUCH BUSINESS OR COMMERCIAL MANNER FOR THE ACTIVITY DESCRIBED HEREIN. 13. TO CREATE AND MAINTAIN A PUBLICLY AVAILABLE DIRECTORY OF THE NAMES AND LOCATIONS OF PERSONS LICENSED OR REGISTERED PURSUANT TO THIS CHAPTER TO ENGAGE IN RETAIL SALES. 14. TO CREATE A SYSTEM WHEREBY PERSONS REGISTERED, LICENSED, OR PERMITTED UNDER THIS CHAPTER CAN CONFIRM THE REGISTRATION, LICENSE, OR PERMIT OF ANOTHER PERSON FOR THE PURPOSES OF ENSURING COMPLIANCE WITH THIS CHAPTER. 15. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND ANNUALLY THEREAFTER, REPORT ON ENFORCEMENT ACTIONS TAKEN UNDER THIS CHAPTER AND THE ENFORCEMENT ACTIONS TAKEN BY THE DEPARTMENT OF TAXATION AND FINANCE, INCLUDING THE INFORMATION REQUIRED TO BE PROVIDED IN SECTION FOUR HUNDRED NINETY-SIX-E OF THE TAX LAW AND TO SUBMIT SUCH ANNUAL REPORT TO THE LEGISLATURE AND POST IT PUBLICLY ON ITS WEBSITE. § 11. Subdivisions 1, 2, 3 and 4 of section 16 of the cannabis law are amended and a new subdivision 6 is added to read as follows: 1. Any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil [or criminal] penalty is not other- wise expressly prescribed IN THIS CHAPTER by law, [shall] MAY be liable to the people of the state for a civil penalty of not to exceed five thousand dollars for [every] EACH such violation OR SUBSEQUENT VIOLATION. IN ASSESSING THE CIVIL PENALTY UNDER THIS SUBDIVISION, THE S. 4006--C 153 A. 3006--C BOARD OR OFFICE, AS MAY BE APPLICABLE SHALL TAKE INTO CONSIDERATION THE NATURE OF SUCH VIOLATION AND SHALL ASSESS A PENALTY THAT IS PROPOR- TIONATE TO THE VIOLATION. 2. The penalty provided for in subdivision one of this section may be recovered by an action OR PROCEEDING IN A COURT OF COMPETENT JURISDIC- TION brought by THE BOARD OR THE OFFICE, AS MAY BE APPLICABLE, OR BY THE ATTORNEY GENERAL AT THE REQUEST OF the board [in any court of competent jurisdiction] OR THE OFFICE. 3. Such civil penalty may be released or compromised by the board OR THE OFFICE, AS MAY BE APPLICABLE, before the matter has been referred to the attorney general, and where such matter has been referred to the attorney general, any such penalty may be released or compromised and any action OR PROCEEDING commenced to recover the same may be settled and discontinued by the attorney general with the consent of the board. 4. It shall be the duty of the attorney general upon the request of the board OR OFFICE, AS MAY BE APPLICABLE, to bring an action [for an injunction] OR PROCEEDING against any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto FOR ANY RELIEF AUTHORIZED UNDER THIS CHAPTER, INCLUDING EQUITABLE AND/OR INJUNCTIVE RELIEF AND THE RECOVERY OF CIVIL PENALTIES; provided, however, that the BOARD OR execu- tive director shall furnish the attorney general with such material, evidentiary matter or proof as may be requested by the attorney general for the prosecution of such an action OR PROCEEDING. 6. THE BOARD OR THE OFFICE, AS MAY BE APPLICABLE, SHALL FORWARD ANY FINAL FINDINGS OF A VIOLATION UNDER THIS CHAPTER TO ANY OTHER STATEWIDE LICENSING AGENCY WHERE SUCH FINDINGS WERE ENTERED AGAINST A BUSINESS HOLDING ANY OTHER SUCH LICENSE, FOR ANY SUCH OTHER LICENSING AGENCY TO REVIEW THE FINDINGS TO DETERMINE IF THERE HAS BEEN A VIOLATION OF ANY SUCH LICENSE ISSUED BY SUCH AGENCY. § 12. The cannabis law is amended by adding a new section 16-a to read as follows: § 16-A. EMERGENCY RELIEF. FOLLOWING SERVICE OF A NOTICE OF VIOLATION AND ORDER REQUIRING IMMEDIATE CESSATION OF UNLICENSED ACTIVITY UNDER THIS CHAPTER, THE OFFICE OF CANNABIS MANAGEMENT, OR THE ATTORNEY GENER- AL, AT THE REQUEST OF AND ON BEHALF OF THE OFFICE MAY BRING AND MAINTAIN A CIVIL PROCEEDING IN THE SUPREME COURT OF THE COUNTY IN WHICH THE BUILDING OR PREMISES IS LOCATED TO PERMANENTLY ENJOIN SUCH UNLICENSED ACTIVITY WHEN CONDUCTED, MAINTAINED, OR PERMITTED IN SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE OF BUSINESS AS DESCRIBED IN SUBDIVISION EIGHT OF SECTION TEN OF THIS CHAPTER, IN VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER OR SUBDIVISION EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER, WHICH SHALL CONSTITUTE AN UNLICENSED ACTIVITY THAT PRESENTS A DANGER TO THE PUBLIC HEALTH, SAFETY, AND WELFARE, AND SHALL ALSO ENJOIN THE PERSON OR PERSONS CONDUCTING OR MAINTAINING SUCH UNLICENSED ACTIVITY, IN ACCORDANCE WITH THE FOLLOWING PROCEDURES: 1. PROCEEDING FOR PERMANENT INJUNCTION. (A) TO THE EXTENT KNOWN, THE OWNER, LESSOR, AND LESSEE OF A BUILDING OR PREMISES WHEREIN THE UNLI- CENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED SHALL BE MADE DEFENDANTS IN THE PROCEEDING. THE VENUE OF SUCH PROCEEDING SHALL BE IN THE COUNTY WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAIN- TAINED, OR PERMITTED. THE EXISTENCE OF AN ADEQUATE REMEDY AT LAW SHALL NOT PREVENT THE GRANTING OF TEMPORARY OR PERMANENT RELIEF PURSUANT TO THIS SECTION. S. 4006--C 154 A. 3006--C (B) THE PROCEEDING SHALL NAME AS DEFENDANTS THE BUILDING OR PREMISES WHEREIN THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED, BY DESCRIBING IT BY TAX LOT AND STREET ADDRESS AND AT LEAST ONE OF THE OWNERS OF SOME PART OF OR INTEREST IN THE PROPERTY. (C) IN REM JURISDICTION SHALL BE COMPLETE OVER THE BUILDING OR PREM- ISES WHEREIN THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED BY AFFIXING THE NOTICE OF PETITION TO THE DOOR OF THE BUILDING OR PREMISES AND BY MAILING THE NOTICE OF PETITION BY CERTIFIED OR REGIS- TERED MAIL, RETURN RECEIPT REQUESTED, TO ONE OF THE OWNERS OF SOME PART OF OR INTEREST IN THE PROPERTY. PROOF OF SERVICE SHALL BE FILED WITHIN TWO DAYS THEREAFTER WITH THE CLERK OF THE COURT DESIGNATED IN THE NOTICE OF PETITION. IN ANY COUNTY WHERE E-FILING IS UNAVAILABLE, PROOF OF SERVICE MAY BE MAILED TO THE CLERK. SERVICE SHALL BE COMPLETE UPON SUCH FILING OR MAILING. (D) DEFENDANTS, OTHER THAN THE BUILDING OR PREMISES WHEREIN THE UNLI- CENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED, SHALL BE SERVED WITH THE NOTICE OF PETITION AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES OR PURSUANT TO COURT ORDER. NO MORE THAN THIRTY DAYS PRIOR TO SUCH SERVICE, THE OFFICE SHALL MAIL A COPY, BY CERTIFIED MAIL, OF ANY PRIOR NOTICE OF VIOLATION OR LETTER OR ORDER TO CEASE AND DESIST RELAT- ING TO THE UNLICENSED ACTIVITY AT THE BUILDING OR PREMISES TO THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY THE PROCEEDING IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR THE COUNTY CLERK, AS THE CASE MAY BE, WHO SHALL BE PRESUMED TO BE THE OWNER THEREOF. SUCH MAILING SHALL CONSTITUTE NOTICE TO THE OWNER AND SHALL BE DEEMED TO BE COMPLETE UPON SUCH MAILING BY THE OFFICE AS PROVIDED ABOVE. NO MORE THAN FIFTEEN DAYS PRIOR TO SUCH SERVICE, THE OFFICE, OR THE ATTORNEY GENERAL, AT THE REQUEST OF AND ON BEHALF OF THE OFFICE OF CANNABIS MANAGEMENT, SHALL VERIFY THE ONGOING OCCUPANCY OF ANY NATURAL PERSON WHO IS A TENANT OF RECORD AND ALLEGED TO HAVE CAUSED OR PERMITTED THE UNLICENSED ACTIVITY IN THE BUILDING OR PREMISES WHEREIN THE UNLICENSED ACTIVITY IS ALLEGED TO HAVE BEEN CONDUCTED, MAINTAINED, OR PERMITTED. IF AT ANY TIME SUCH DEFENDANTS VACATE SUCH BUILDING OR PREMISES, ANY ACTION OR PROCEEDING FILED IN ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH BUILDING OR PREMISES SHALL BE WITHDRAWN. (E) WITH RESPECT TO ANY PROCEEDING COMMENCED OR TO BE COMMENCED PURSU- ANT TO THIS SECTION BY THE OFFICE OF CANNABIS MANAGEMENT OR THE ATTORNEY GENERAL, AT THE REQUEST OF AND ON BEHALF OF THE OFFICE, MAY FILE A NOTICE OF PENDENCY PURSUANT TO THE PROVISIONS OF ARTICLE SIXTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES. (F) THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY THE PROCEED- ING IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR THE COUNTY CLERK, AS THE CASE MAY BE, SHALL BE PRESUMED TO BE THE OWNER THEREOF. UPON BEING SERVED IN A PROCEEDING UNDER THIS SECTION, SUCH OWNER SHALL, TO THE EXTENT KNOWN, PROVIDE TO THE OFFICE OF CANNABIS MANAGEMENT, WITHIN THREE DAYS, THE NAMES OF ANY OTHER OWNERS, LESSORS AND LESSEES OF THE BUILDING OR PREMISES THAT IS THE SUBJECT OF THE PROCEEDING. THEREAFTER, SUCH OWNERS, LESSORS AND LESSEES MAY BE MADE PARTIES TO THE PROCEEDING. (G) WHENEVER THERE IS EVIDENCE THAT A PERSON WAS THE MANAGER, OPERA- TOR, SUPERVISOR OR, IN ANY OTHER WAY, IN CHARGE OF THE PREMISES, AT THE TIME THE UNLICENSED ACTIVITY WAS BEING CONDUCTED, MAINTAINED, OR PERMIT- TED, SUCH EVIDENCE SHALL BE PRESUMPTIVE THAT HE OR SHE WAS AN AGENT OR EMPLOYEE OF THE OWNER OR LESSEE OF THE BUILDING OR PREMISES. (H) IF A FINDING IS MADE THAT THE DEFENDANT HAS CONDUCTED, MAINTAINED, OR PERMITTED THE UNLICENSED ACTIVITY A PENALTY, TO BE INCLUDED IN THE JUDGMENT, MAY BE AWARDED IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS S. 4006--C 155 A. 3006--C FOR EACH DAY IT IS FOUND THAT THE DEFENDANT INTENTIONALLY CONDUCTED, MAINTAINED OR PERMITTED THE UNLICENSED ACTIVITY. UPON RECOVERY, SUCH PENALTY SHALL BE PAID TO THE OFFICE OF CANNABIS MANAGEMENT. 2. PRELIMINARY INJUNCTION. (A) PENDING A PROCEEDING FOR A PERMANENT INJUNCTION PURSUANT TO THIS SECTION THE COURT MAY GRANT A PRELIMINARY INJUNCTION ENJOINING THE UNLICENSED ACTIVITY AND THE PERSON OR PERSONS CONDUCTING, MAINTAINING, OR PERMITTING THE UNLICENSED ACTIVITY FROM FURTHER CONDUCTING, MAINTAINING, OR PERMITTING THE UNLICENSED ACTIVITY, WHERE THE PUBLIC HEALTH, SAFETY OR WELFARE IMMEDIATELY REQUIRES THE GRANTING OF SUCH INJUNCTION. A TEMPORARY CLOSING ORDER MAY BE GRANTED PENDING A HEARING FOR A PRELIMINARY INJUNCTION WHERE IT APPEARS BY CLEAR AND CONVINCING EVIDENCE THAT UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS SECTION IS BEING CONDUCTED, MAINTAINED, OR PERMITTED AND THAT THE PUBLIC HEALTH, SAFETY OR WELFARE IMMEDIATELY REQUIRES THE GRANTING OF A TEMPORARY CLOSING ORDER. A TEMPORARY RESTRAINING ORDER MAY BE GRANTED PENDING A HEARING FOR A PRELIMINARY INJUNCTION. (B) A PRELIMINARY INJUNCTION SHALL BE ENFORCED BY THE OFFICE OR, AT THE REQUEST OF THE OFFICE, THE ATTORNEY GENERAL. AT THE REQUEST OF THE OFFICE, A POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION MAY ALSO ENFORCE THE PRELIMINARY INJUNCTION. (C) THE OFFICE OR THE ATTORNEY GENERAL SHALL SHOW, BY AFFIDAVIT AND SUCH OTHER EVIDENCE AS MAY BE SUBMITTED, THAT THERE IS A CAUSE OF ACTION FOR A PERMANENT INJUNCTION ABATING UNLICENSED ACTIVITY. 3. TEMPORARY CLOSING ORDER. (A) IF, ON A MOTION FOR A PRELIMINARY INJUNCTION ALLEGING UNLICENSED ACTIVITY AS DESCRIBED IN THIS SECTION IN A BUILDING OR PREMISES USED FOR COMMERCIAL PURPOSES ONLY, THE OFFICE OR THE ATTORNEY GENERAL DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT SUCH UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED AND THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMMEDIATELY REQUIRES A TEMPORARY CLOSING ORDER, A TEMPORARY ORDER CLOSING SUCH PART OF THE BUILDING OR PREMISES WHEREIN SUCH UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED MAY BE GRANTED WITHOUT NOTICE, PEND- ING ORDER OF THE COURT GRANTING OR REFUSING THE PRELIMINARY INJUNCTION AND UNTIL FURTHER ORDER OF THE COURT. UPON GRANTING A TEMPORARY CLOSING ORDER, THE COURT SHALL DIRECT THE HOLDING OF A HEARING FOR THE PRELIMI- NARY INJUNCTION AT THE EARLIEST POSSIBLE TIME BUT NO LATER THAN THREE BUSINESS DAYS FROM THE GRANTING OF SUCH ORDER; A DECISION ON THE MOTION FOR A PRELIMINARY INJUNCTION SHALL BE RENDERED BY THE COURT WITHIN THREE BUSINESS DAYS AFTER THE CONCLUSION OF THE HEARING. (B) UNLESS THE COURT ORDERS OTHERWISE, A TEMPORARY CLOSING ORDER TOGETHER WITH THE PAPERS UPON WHICH IT WAS BASED AND A NOTICE OF HEARING FOR THE PRELIMINARY INJUNCTION SHALL BE PERSONALLY SERVED, IN THE SAME MANNER AS A SUMMONS AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES. (C) A TEMPORARY CLOSING ORDER SHALL ONLY BE ISSUED PRIOR TO A HEARING ON A PRELIMINARY INJUNCTION IF THE BUILDING OR PREMISES IS USED FOR COMMERCIAL PURPOSES ONLY. (D) NO TEMPORARY CLOSING ORDER SHALL BE ISSUED AGAINST ANY BUILDING OR PREMISES WHERE, IN ADDITION TO THE UNLICENSED ACTIVITY WHICH IS ALLEGED, ACTIVITY THAT IS LICENSED OR OTHERWISE LAWFUL REMAINS IN PLACE. IN ADDITION, NO TEMPORARY CLOSING ORDER SHALL BE ISSUED AGAINST ANY BUILD- ING OR PREMISES WHICH IS USED IN PART AS RESIDENCE AND PURSUANT TO LOCAL LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE. 4. TEMPORARY RESTRAINING ORDER. (A) IF, ON A MOTION FOR A PRELIMINARY INJUNCTION ALLEGING UNLICENSED ACTIVITY AS DESCRIBED IN THIS SECTION IN A BUILDING OR PREMISES USED FOR COMMERCIAL PURPOSES, THE OFFICE OR THE ATTORNEY GENERAL DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT SUCH S. 4006--C 156 A. 3006--C UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED AND THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMMEDIATELY REQUIRES A TEMPO- RARY RESTRAINING ORDER, A TEMPORARY RESTRAINING ORDER MAY BE GRANTED WITHOUT NOTICE RESTRAINING THE DEFENDANTS AND ALL PERSONS FROM REMOVING OR IN ANY MANNER INTERFERING WITH THE FURNITURE, FIXTURES AND MOVABLE PROPERTY USED IN CONDUCTING, MAINTAINING OR PERMITTING SUCH UNLICENSED ACTIVITY, INCLUDING ADULT-USE CANNABIS, AND FROM FURTHER CONDUCTING, MAINTAINING OR PERMITTING SUCH UNLICENSED ACTIVITY, PENDING ORDER OF THE COURT GRANTING OR REFUSING THE PRELIMINARY INJUNCTION AND UNTIL FURTHER ORDER OF THE COURT. UPON GRANTING A TEMPORARY RESTRAINING ORDER, THE COURT SHALL DIRECT THE HOLDING OF A HEARING FOR THE PRELIMINARY INJUNC- TION AT THE EARLIEST POSSIBLE TIME BUT NO LATER THAN THREE BUSINESS DAYS FROM THE GRANTING OF SUCH ORDER; A DECISION ON THE MOTION FOR A PRELIMI- NARY INJUNCTION SHALL BE RENDERED BY THE COURT WITHIN THREE BUSINESS DAYS AFTER THE CONCLUSION OF THE HEARING. (B) UNLESS THE COURT ORDERS OTHERWISE, A TEMPORARY RESTRAINING ORDER AND THE PAPERS UPON WHICH IT WAS BASED AND A NOTICE OF HEARING FOR THE PRELIMINARY INJUNCTION SHALL BE PERSONALLY SERVED, IN THE SAME MANNER AS A SUMMONS AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES. 5. TEMPORARY CLOSING ORDER; TEMPORARY RESTRAINING ORDER; ADDITIONAL ENFORCEMENT PROCEDURES. (A) IF ON A MOTION FOR A PRELIMINARY INJUNC- TION, THE OFFICE OF CANNABIS MANAGEMENT OR THE ATTORNEY GENERAL SUBMITS EVIDENCE WARRANTING BOTH A TEMPORARY CLOSING ORDER AND A TEMPORARY RESTRAINING ORDER, THE COURT SHALL GRANT BOTH ORDERS. (B) UPON THE REQUEST OF THE OFFICE, ANY POLICE OFFICER OR PEACE OFFI- CER WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT OF A TEMPORARY CLOS- ING ORDER AND TEMPORARY RESTRAINING ORDER. (C) THE POLICE OFFICER OR PEACE OFFICER SERVING A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAINING ORDER SHALL FORTHWITH MAKE AND RETURN TO THE COURT AN INVENTORY OF PERSONAL PROPERTY SITUATED IN AND USED IN CONDUCTING, MAINTAINING, OR PERMITTING THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER AND SHALL ENTER UPON THE BUILDING OR PREMISES FOR SUCH PURPOSE. SUCH INVENTORY SHALL BE TAKEN IN ANY MANNER WHICH IS DEEMED LIKELY TO EVIDENCE A TRUE AND ACCURATE REPRESENTATION OF THE PERSONAL PROPERTY SUBJECT TO SUCH INVENTORY INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHING SUCH PERSONAL PROPERTY. (D) THE POLICE OFFICER OR PEACE OFFICER SERVING A TEMPORARY CLOSING ORDER SHALL, UPON SERVICE OF THE ORDER, COMMAND ALL PERSONS PRESENT IN THE BUILDING OR PREMISES TO VACATE THE PREMISES FORTHWITH. UPON THE BUILDING OR PREMISES BEING VACATED, THE PREMISES SHALL BE SECURELY LOCKED AND ALL KEYS DELIVERED TO THE OFFICER SERVING THE ORDER WHO THER- EAFTER SHALL DELIVER THE KEYS TO THE FEE OWNER, LESSOR, OR LESSEE OF THE BUILDING OR PREMISES INVOLVED. IF THE FEE OWNER, LESSOR, OR LESSEE IS NOT AT THE BUILDING OR PREMISES WHEN THE ORDER IS BEING EXECUTED, THE OFFICER SHALL SECURELY PADLOCK THE PREMISES AND RETAIN THE KEYS UNTIL THE FEE OWNER, LESSOR, OR LESSEE OF THE BUILDING IS ASCERTAINED, IN WHICH EVENT, THE OFFICER SHALL DELIVER THE KEYS TO SUCH OWNER, LESSOR, OR LESSEE. (E) UPON SERVICE OF A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAIN- ING ORDER, THE POLICE OFFICER OR PEACE OFFICER SHALL POST A COPY THEREOF IN A CONSPICUOUS PLACE OR UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED. IN ADDITION, WHERE A TEMPORARY CLOSING ORDER HAS BEEN GRANTED, THE OFFICER SHALL AFFIX, IN A CONSPICU- OUS PLACE OR UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES, A PRINTED NOTICE THAT THE PREMISES HAVE BEEN CLOSED BY S. 4006--C 157 A. 3006--C COURT ORDER, WHICH NOTICE SHALL CONTAIN THE LEGEND "CLOSED BY COURT ORDER" IN BLOCK LETTERING OF SUFFICIENT SIZE TO BE OBSERVED BY ANYONE INTENDING OR LIKELY TO ENTER THE PREMISES, THE DATE OF THE ORDER, THE COURT FROM WHICH ISSUED, AND THE NAME OF THE OFFICER OR AGENCY POSTING THE NOTICE. IN ADDITION, WHERE A TEMPORARY RESTRAINING ORDER HAS BEEN GRANTED, THE POLICE OFFICER OR PEACE OFFICER SHALL AFFIX, IN THE SAME MANNER, A NOTICE SIMILAR TO THE NOTICE PROVIDED FOR IN RELATION TO A TEMPORARY CLOSING ORDER EXCEPT THAT THE NOTICE SHALL STATE THAT CERTAIN DESCRIBED ACTIVITY IS PROHIBITED BY COURT ORDER AND THAT REMOVAL OF PROPERTY IS PROHIBITED BY COURT ORDER. MUTILATION OR REMOVAL OF SUCH A POSTED ORDER OR SUCH A POSTED NOTICE WHILE IT REMAINS IN FORCE, IN ADDI- TION TO ANY OTHER PUNISHMENT PRESCRIBED BY LAW, SHALL BE PUNISHABLE, ON CONVICTION, BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS OR BY IMPRISONMENT NOT EXCEEDING NINETY DAYS, OR BY BOTH, PROVIDED SUCH ORDER OR NOTICE CONTAINS THEREIN A NOTICE OF SUCH PENALTY. ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION MAY, UPON THE REQUEST OF THE OFFICE, ASSIST IN THE ENFORCEMENT OF THIS SECTION. 6. TEMPORARY CLOSING ORDER; TEMPORARY RESTRAINING ORDER; DEFENDANT'S REMEDIES. (A) A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAINING ORDER SHALL BE VACATED, UPON NOTICE TO THE OFFICE, IF THE DEFENDANT SHOWS BY AFFIDAVIT AND SUCH OTHER PROOF AS MAY BE SUBMITTED THAT THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER HAS BEEN ABATED. AN ORDER VACATING A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAINING ORDER SHALL INCLUDE A PROVISION AUTHORIZING THE OFFICE TO INSPECT THE BUILDING OR PREMISES WHICH IS THE SUBJECT OF A PROCEEDING PURSUANT TO THIS SUBDIVISION, PERIODICALLY WITHOUT NOTICE, DURING THE PENDENCY OF THE PROCEEDING FOR THE PURPOSE OF ASCERTAINING WHETHER OR NOT THE UNLI- CENSED ACTIVITY HAS BEEN RESUMED. ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION MAY, UPON THE REQUEST OF THE OFFICE, ASSIST IN THE ENFORCEMENT OF AN INSPECTION PROVISION OF AN ORDER VACATING A TEMPORARY CLOSING ORDER OR TEMPORARY RESTRAINING ORDER. (B) A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAINING ORDER MAY BE VACATED BY THE COURT, UPON NOTICE TO THE OFFICE, WHEN THE DEFENDANT GIVES AN UNDERTAKING AND THE COURT IS SATISFIED THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE WILL BE PROTECTED ADEQUATELY DURING THE PENDENCY OF THE PROCEEDING. THE UNDERTAKING SHALL BE IN AN AMOUNT EQUAL TO THE ASSESSED VALUATION OF THE BUILDING OR PREMISES WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED OR IN SUCH OTHER AMOUNT AS MAY BE FIXED BY THE COURT. THE DEFENDANT SHALL PAY TO THE OFFICE AND THE ATTORNEY GENERAL, IN THE EVENT A JUDGMENT OF PERMANENT INJUNCTION IS OBTAINED, THEIR ACTUAL COSTS, EXPENSES AND DISBURSEMENTS IN BRINGING AND MAINTAINING THE PROCEEDING. IN ADDITION, THE DEFENDANT SHALL PAY TO THE LOCAL GOVERNMENT OR LAW ENFORCEMENT AGENCY THAT PROVIDED ASSISTANCE IN ENFORCING ANY ORDER OF THE COURT ISSUED PURSUANT TO A PROCEEDING BROUGHT UNDER THIS SECTION, ITS ACTUAL COSTS, EXPENSES AND DISBURSEMENTS IN ASSISTING WITH THE ENFORCEMENT OF THE PROCEEDING. 7. PERMANENT INJUNCTION. (A) A JUDGMENT AWARDING A PERMANENT INJUNC- TION PURSUANT TO THIS CHAPTER SHALL DIRECT THAT ANY ILLICIT CANNABIS SEIZED SHALL BE TURNED OVER TO THE OFFICE OF CANNABIS MANAGEMENT OR THEIR AUTHORIZED REPRESENTATIVE. THE JUDGMENT MAY FURTHER DIRECT ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION TO SEIZE AND REMOVE FROM THE BUILDING OR PREMISES ALL MATERIAL, EQUIPMENT, AND INSTRUMENTAL- ITIES USED IN THE CREATION AND MAINTENANCE OF THE UNLICENSED ACTIVITY AND SHALL DIRECT THE SALE BY THE SHERIFF OF ANY SUCH PROPERTY IN THE MANNER PROVIDED FOR THE SALE OF PERSONAL PROPERTY UNDER EXECUTION PURSU- ANT TO THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES. THE NET S. 4006--C 158 A. 3006--C PROCEEDS OF ANY SUCH SALE, AFTER DEDUCTION OF THE LAWFUL EXPENSES INVOLVED, SHALL BE PAID TO THE GENERAL FUND OF THE STATE. (B) A JUDGMENT AWARDING A PERMANENT INJUNCTION PURSUANT TO THIS CHAP- TER MAY DIRECT THE CLOSING OF THE BUILDING OR PREMISES BY ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION TO THE EXTENT NECESSARY TO ABATE THE UNLICENSED ACTIVITY AND SHALL DIRECT ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION TO POST A COPY OF THE JUDGMENT AND A PRINTED NOTICE OF SUCH CLOSING CONFORMING TO THE REQUIREMENTS OF THIS CHAPTER. THE CLOSING DIRECTED BY THE JUDGMENT SHALL BE FOR SUCH PERIOD AS THE COURT MAY DIRECT BUT IN NO EVENT SHALL THE CLOSING BE FOR A PERI- OD OF MORE THAN ONE YEAR FROM THE POSTING OF THE JUDGMENT PROVIDED FOR IN THIS SECTION. IF THE OWNER SHALL FILE A BOND IN THE VALUE OF THE PROPERTY ORDERED TO BE CLOSED AND SUBMITS PROOF TO THE COURT THAT THE UNLICENSED ACTIVITY HAS BEEN ABATED AND WILL NOT BE CREATED, MAINTAINED, OR PERMITTED FOR SUCH PERIOD OF TIME AS THE BUILDING OR PREMISES HAS BEEN DIRECTED TO BE CLOSED IN THE JUDGMENT, THE COURT MAY VACATE THE PROVISIONS OF THE JUDGMENT THAT DIRECT THE CLOSING OF THE BUILDING OR PREMISES. A CLOSING BY A POLICE OFFICER OR PEACE OFFICER WITH JURISDIC- TION PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT CONSTITUTE AN ACT OF POSSESSION, OWNERSHIP, OR CONTROL BY SUCH POLICE OFFICER OR PEACE OFFICER OF THE CLOSED PREMISES. (C) UPON THE REQUEST OF THE OFFICE OF CANNABIS MANAGEMENT OR ITS AUTHORIZED REPRESENTATIVE, ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT OF A JUDGMENT AWARDING A PERMANENT INJUNCTION ENTERED IN A PROCEEDING BROUGHT PURSUANT TO THIS CHAPTER. (D) A JUDGMENT RENDERED AWARDING A PERMANENT INJUNCTION PURSUANT TO THIS CHAPTER SHALL BE AND BECOME A LIEN UPON THE BUILDING OR PREMISES NAMED IN THE PETITION IN SUCH PROCEEDING, SUCH LIEN TO DATE FROM THE TIME OF FILING A NOTICE OF LIS PENDENS IN THE OFFICE OF THE CLERK OF THE COUNTY WHEREIN THE BUILDING OR PREMISES IS LOCATED. EVERY SUCH LIEN SHALL HAVE PRIORITY BEFORE ANY MORTGAGE OR OTHER LIEN THAT EXISTS PRIOR TO SUCH FILING EXCEPT TAX AND ASSESSMENT LIENS. (E) A JUDGMENT AWARDING A PERMANENT INJUNCTION PURSUANT TO THIS CHAP- TER SHALL PROVIDE, IN ADDITION TO THE COSTS AND DISBURSEMENTS ALLOWED BY THE CIVIL PRACTICE LAW AND RULES, UPON SATISFACTORY PROOF BY AFFIDAVIT OR SUCH OTHER EVIDENCE AS MAY BE SUBMITTED, THE ACTUAL COSTS, EXPENSES AND DISBURSEMENTS OF THE OFFICE AND THE ATTORNEY GENERAL IN BRINGING AND MAINTAINING THE PROCEEDING. 8. CIVIL PROCEEDINGS. IN ADDITION TO THE AUTHORITY GRANTED IN THIS SECTION TO THE OFFICE OF CANNABIS MANAGEMENT AND THE ATTORNEY GENERAL, COUNTY ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT IN WHICH SUCH BUILDING OR PREMISES IS LOCATED MAY, AFTER THE OFFICE OF CANNABIS MANAGEMENT GRANTS PERMISSION IN WRITING, BRING AND MAINTAIN A CIVIL PROCEEDING IN THE SUPREME COURT OF THE COUNTY IN WHICH THE BUILDING OR PREMISES IS LOCATED TO PERMANENTLY ENJOIN THE UNLICENSED ACTIVITY DESCRIBED IN THIS SECTION AND THE PERSON OR PERSONS CONDUCTING OR MAIN- TAINING SUCH UNLICENSED ACTIVITY, IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS SECTION. THE OFFICE SHALL BE PERMITTED TO INTERVENE AS OF RIGHT IN ANY SUCH PROCEEDING. ANY SUCH GOVERNMENTAL ENTITY WHICH OBTAINS A PERMANENT INJUNCTION PURSUANT TO THIS CHAPTER SHALL BE AWARDED, IN ADDITION TO THE COSTS AND DISBURSEMENTS ALLOWED BY THE CIVIL PRACTICE LAW AND RULES, UPON SATISFACTORY PROOF BY AFFIDAVIT OR SUCH OTHER EVIDENCE AS MAY BE SUBMITTED, THE ACTUAL COSTS, EXPENSES AND DISBURSE- MENTS IN BRINGING AND MAINTAINING THE PROCEEDING. THE AUTHORITY PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE DEEMED TO S. 4006--C 159 A. 3006--C DIMINISH OR REDUCE, ANY RIGHTS OF THE PARTIES DESCRIBED IN THIS SECTION UNDER EXISTING LAW FOR ANY VIOLATION PURSUANT TO THIS CHAPTER OR ANY OTHER LAW. § 13. Subdivisions 3, 6 and 7 of section 17 of the cannabis law are amended to read as follows: 3. Notice and right of hearing as provided in the state administrative procedure act shall be served at least fifteen days prior to the date of the hearing, provided that, whenever because of danger to the public health, safety or welfare it appears prejudicial to the interests of the people of the state to delay action for fifteen days OR WITH RESPECT TO A VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY- FIVE OF THIS CHAPTER, the board may serve the respondent with an order requiring certain action or the cessation of certain activities imme- diately or within a specified period of less than fifteen days. 6. Following a hearing, the board may make appropriate determinations and issue a final order in accordance therewith. THE RESPONDENT SHALL HAVE THIRTY DAYS TO SUBMIT A WRITTEN APPEAL TO THE BOARD. IF THE RESPONDENT DOES NOT SUBMIT A WRITTEN APPEAL WITHIN THIRTY DAYS OF THE DETERMINATION OF THE BOARD THE ORDER SHALL BE FINAL. 7. The board may adopt, amend and repeal administrative rules and regulations governing the procedures to be followed with respect to hearings, [such] INVESTIGATIONS, AND OTHER ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN PURSUANT TO THIS CHAPTER, INCLUDING ANY SUCH ENFORCEMENT ACTIONS TAKEN AGAINST PERSONS NOT REGISTERED, LICENSED, OR PERMITTED UNDER THIS CHAPTER. SUCH rules [to] SHALL be consistent with the policy and purpose of this chapter and the effective and fair enforcement of its provisions. § 14. Section 19 of the cannabis law is amended to read as follows: § 19. Public health and education campaign. The office, in consulta- tion with the commissioners of the department of health, office of addiction services and supports, and office of mental health, shall develop and implement a comprehensive public health monitoring, surveil- lance and education campaign regarding the legalization of adult-use cannabis and the impact of cannabis use on public health and safety. The public health and education campaign shall also include general educa- tion to the public about the cannabis law, INCLUDING THE POTENTIAL RISKS ASSOCIATED WITH PATRONIZING UNLICENSED RETAIL LOCATIONS, OR OTHERWISE PROCURING CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT THROUGH PERSONS NOT AUTHORIZED BY THE OFFICE. § 15. Paragraphs (l) and (m) of subdivision 1 of section 64 of the cannabis law are amended and a new paragraph (n) is added to read as follows: (l) the applicant satisfies any other conditions as determined by the board; [and] (m) if the applicant is a registered organization, the organization's maintenance of effort in manufacturing and/or dispensing and/or research of medical cannabis for certified patients and caregivers[.]; AND (N) WHETHER THE APPLICANT OR ITS MANAGING OFFICERS HAVE BEEN FOUND TO HAVE ENGAGED IN ACTIVITIES IN VIOLATION OF THIS CHAPTER. § 16. Section 125 of the cannabis law is amended by adding a new subdivision 1-a to read as follows: 1-A. NO PERSON SHALL ENGAGE IN AN INDIRECT RETAIL SALE IRRESPECTIVE OF WHETHER SUCH PERSON HAS OBTAINED A REGISTRATION, LICENSE, OR PERMIT ISSUED UNDER THIS CHAPTER. S. 4006--C 160 A. 3006--C § 17. Subdivisions 1 and 6 of section 132 of the cannabis law are amended and three new subdivisions 1-a, 7, and 8 are added to read as follows: 1. (A) Any person who cultivates for sale or sells cannabis, cannabis products, [or] medical cannabis, OR ANY PRODUCT MARKETED OR LABELED AS SUCH, without having an appropriate registration, license or permit therefor, [or] INCLUDING A PERSON whose registration, license, or permit has been revoked, surrendered or cancelled, [may be subject to prose- cution in accordance with article two hundred twenty-two of the penal law] WHERE SUCH PERSON IS ENGAGING IN ACTIVITY FOR WHICH A LICENSE WOULD BE REQUIRED UNDER THIS CHAPTER, MAY BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES AND AN ADDITIONAL CIVIL PENALTY IN AN AMOUNT OF NO MORE THAN FIVE TIMES THE REVENUE FROM SUCH PROHIBITED SALES OR, IN AN AMOUNT OF NO MORE THAN THREE TIMES THE PROJECTED REVENUE FOR ANY SUCH PRODUCT FOUND IN THE POSSESSION OF SUCH PERSON BASED ON THE RETAIL LIST PRICE OF SUCH PRODUCTS; PROVIDED, HOWEVER, THAT ANY SUCH PERSON WHO ENGAGES IN SUCH ACTIVITY FROM A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMERCIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT SAME SUCH PROPERTY, AND THE QUANTITY OF SUCH PRODUCT ON SUCH PREMISES OR VEHICLE DOES NOT EXCEED THE LIMITS OF PERSONAL USE UNDER ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW, MAY BE SUBJECT TO A CIVIL PENALTY OF NO MORE THAN FIVE THOUSAND DOLLARS. PROVIDED, FURTHER, THAT WHERE SUCH PERSON HAS BEEN ORDERED TO CEASE SUCH CONDUCT PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIRTY- EIGHT-A OF THIS CHAPTER, SUCH PERSON MAY BE ASSESSED A CIVIL PENALTY OF NO MORE THAN TWENTY THOUSAND DOLLARS PER DAY FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES AFTER RECEIVING SUCH ORDER IN ADDITION TO THE ADDITIONAL CIVIL PENALTIES SET FORTH ABOVE; PROVIDED, HOWEVER, THAT ANY SUCH PERSON WHO ENGAGES IN SUCH ACTIVITY FROM A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMERCIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT SAME SUCH PROPERTY, AND THE QUANTITY OF SUCH PRODUCT ON SUCH PREM- ISES OR VEHICLE DOES NOT EXCEED THE LIMITS OF PERSONAL USE UNDER ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW, MAY BE SUBJECT TO A CIVIL PENALTY OF NO MORE THAN TEN THOUSAND DOLLARS. (B) IF A PERSON ENGAGING IN THE CONDUCT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, OR SUBDIVISION ONE-A OF THIS SECTION REFUSES TO PERMIT THE OFFICE OR THE BOARD FROM PERFORMING A REGULATORY INSPECTION, SUCH PERSON MAY BE ASSESSED A CIVIL PENALTY OF UP TO FOUR THOUSAND DOLLARS FOR A FIRST REFUSAL AND UP TO EIGHT THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT REFUSAL WITHIN THREE YEARS OF A PRIOR REFUSAL. IF THE OFFICE OR BOARD IS NOT PERMITTED ACCESS FOR A REGULATORY INSPECTION PURSUANT TO SECTION TEN OR SECTION ELEVEN OF THIS CHAPTER, AS APPLICABLE, BY SUCH PERSON, THE ATTORNEY GENERAL, UPON THE REQUEST OF THE OFFICE OR THE BOARD, SHALL BE AUTHORIZED TO APPLY, WITHOUT NOTICE TO SUCH PERSON, TO THE SUPREME COURT IN THE COUNTY IN WHICH THE PLACE OF BUSINESS IS LOCATED FOR AN ORDER GRANTING THE OFFICE OR BOARD ACCESS TO SUCH PLACE OF BUSINESS. THE COURT MAY GRANT SUCH AN ORDER IF IT DETERMINES, BASED ON EVIDENCE PRESENTED BY THE ATTORNEY GENERAL, THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH PLACE OF BUSINESS IS A PLACE OF BUSINESS WHICH DOES NOT POSSESS A VALID REGISTRATION, LICENSE, OR PERMIT ISSUED BY THE OFFICE OR BOARD. S. 4006--C 161 A. 3006--C (C) IN ASSESSING THE CIVIL PENALTIES UNDER THIS SUBDIVISION, THE BOARD OR OFFICE SHALL TAKE INTO CONSIDERATION THE NATURE OF SUCH VIOLATION AND SHALL ASSESS A PENALTY THAT IS PROPORTIONATE TO THE VIOLATION. 1-A. ANY PERSON FOUND TO HAVE ENGAGED IN INDIRECT RETAIL SALE IN VIOLATION OF SUBDIVISION ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT EQUALING THE LESSER OF THREE TIMES THE REVENUE FOR SUCH INDIRECT RETAIL SALES OR UP TO TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH SALE, PROVIDED, HOWEVER, THAT WHERE SUCH CONDUCT ALSO CONSTITUTES A VIOLATION OF SUBDI- VISION ONE OF THIS SECTION, SUCH PERSON MAY ONLY BE SUBJECT TO THE CIVIL PENALTIES UNDER ONE SUCH SUBDIVISION, AND PROVIDED, FURTHER, THAT WHERE SUCH PERSON HAS BEEN ORDERED TO CEASE SUCH CONDUCT PURSUANT TO SUBDIVI- SION ONE OF SECTION ONE HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE, SUCH PERSON MAY BE ASSESSED A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES IN ADDITION TO ANY CIVIL PENALTIES SET FORTH ABOVE. 6. [After due] EXCEPT AS OTHERWISE PROVIDED FOR IN THIS CHAPTER, THE BOARD SHALL PROMULGATE RULES AND REGULATIONS PROVIDING FOR notice and opportunity to be heard, [as established by rules and regulations] PRIOR TO THE IMPOSITION OF ANY CIVIL PENALTY UNDER THIS SECTION, EXCEPT WHERE SUCH CIVIL PENALTY IS BEING SOUGHT IN AN ACTION OR PROCEEDING BY THE ATTORNEY GENERAL AS OTHERWISE AUTHORIZED IN THIS CHAPTER, PROVIDED, FURTHER, nothing in this section shall prohibit the board from suspend- ing, revoking, or denying a license, permit, registration, or applica- tion in addition to the penalties [prescribed in] THAT MAY BE ASSESSED UNDER this section. 7. THE PENALTIES PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION MAY BE RECOVERED BY THE ATTORNEY GENERAL ON BEHALF OF THE BOARD OR OFFICE IN AN ACTION OR PROCEEDING BROUGHT PURSUANT TO SECTION ONE HUNDRED THIRTY- EIGHT-A OF THIS CHAPTER. 8. ANY PERSON WHO KNOWINGLY AND UNLAWFULLY SELLS, GIVES, OR CAUSES TO BE SOLD OR GIVEN, ANY CANNABIS OR CANNABIS PRODUCTS FOR WHICH THE SALE OF SUCH PRODUCTS REQUIRES A LICENSE, PERMIT, OR REGISTRATION UNDER THIS CHAPTER WHERE SUCH PERSON OWNS AND/OR IS PRINCIPALLY RESPONSIBLE FOR THE OPERATION OF A BUSINESS WHERE SUCH PRODUCTS WERE SOLD, GIVEN, OR CAUSED TO BE SOLD OR GIVEN WITHOUT HAVING OBTAINED A VALID LICENSE, PERMIT OR REGISTRATION THEREFOR SHALL BE GUILTY OF A CLASS A MISDEMEANOR. FOR THE PURPOSES OF THIS SECTION, "OPERATION OF A BUSINESS" SHALL MEAN ENGAGING IN THE SALE OF, OR OTHERWISE OFFERING FOR SALE, GOODS AND SERVICES TO THE GENERAL PUBLIC, INCLUDING THROUGH INDIRECT RETAIL SALES. § 18. Subdivisions 6 and 8 of section 133 of the cannabis law are amended to read as follows: 6. Any registration, license or permit issued by the board pursuant to this chapter may be revoked, cancelled or suspended and/or be subjected to the imposition of a monetary penalty set forth in this chapter in the manner prescribed by this section. IN ADDITION TO THE GROUNDS SET FORTH IN THIS SECTION, THE BOARD MAY ALSO REVOKE, CANCEL, OR SUSPEND ANY REGISTRATION, LICENSE, OR PERMIT WHERE SUCH PERSON HOLDING SUCH REGIS- TRATION, LICENSE, OR PERMIT HAS BEEN FOUND TO HAVE REFUSED TO PERMIT A REGULATORY INSPECTION BY THE BOARD. 8. All other registrations, licenses or permits issued under this chapter may be revoked, cancelled, suspended and/or made subject to the imposition of a civil penalty by the office after a hearing to be held in such manner and upon such notice as may be prescribed in regulation by the board. IN ADDITION TO THE GROUNDS SET FORTH IN THIS SECTION, THE OFFICE MAY ALSO REVOKE, CANCEL, OR SUSPEND ANY REGISTRATION, LICENSE, OR S. 4006--C 162 A. 3006--C PERMIT WHERE SUCH PERSON HOLDING SUCH REGISTRATION, LICENSE, OR PERMIT HAS BEEN FOUND TO HAVE REFUSED TO PERMIT A REGULATORY INSPECTION BY THE OFFICE. § 19. Subdivision 1 of section 137 of the cannabis law is amended by adding a new paragraph (d-1) to read as follows: (D-1) A PERSON WHO HAS BEEN FOUND TO HAVE ENGAGED IN UNLICENSED, UNREGISTERED, OR UNPERMITTED CONDUCT UNDER THIS CHAPTER, UNTIL THREE YEARS AFTER SUCH FINDING; § 20. Section 138-a of the cannabis law is amended to read as follows: § 138-a. [Injunction] ACTION for unlawful [manufacturing, sale, or distribution of] BUSINESS PRACTICES RELATING TO cannabis. The BOARD OR THE office of cannabis management shall, IN ACCORDANCE WITH THE AUTHORI- TY OTHERWISE CONFERRED IN THIS CHAPTER, have the authority to [request an injunction]: 1. ORDER ANY PERSON WHO IS UNLAWFULLY CULTIVATING, PROCESSING, DISTRIBUTING OR SELLING CANNABIS, CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH IN THIS STATE WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE, OR PERMIT THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL SALE TO CEASE SUCH PROHIBIT- ED CONDUCT; 2. SEIZE ANY CANNABIS, CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH, FOUND IN THE POSSESSION OF A PERSON ENGAGED IN THE CONDUCT DESCRIBED IN SUBDIVI- SION ONE OF THIS SECTION; 3. INITIATE OR REFER THE MATTER TO THE BOARD FOR AN ADMINISTRATIVE PROCEEDING TO ENFORCE THE PROVISIONS OF THIS SECTION; 4. SEEK INJUNCTIVE RELIEF against any person [who is unlawfully culti- vating, processing, distributing or selling cannabis in this state with- out obtaining the appropriate registration, license, or permit therefor, in accordance with this chapter and any applicable state law] ENGAGING IN CONDUCT IN VIOLATION OF THIS SECTION; AND 5. REQUEST THAT THE ATTORNEY GENERAL OBTAIN JUDICIAL ENFORCEMENT OF AN ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION OR BRING AN ACTION OR PROCEEDING FOR ANY RELIEF OTHERWISE AUTHORIZED UNDER THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER, INCLUDING THE RECOVERY OF ANY APPLICABLE CIVIL PENALTIES. § 21. The real property actions and proceedings law is amended by adding a new section 715-a to read as follows: § 715-A. GROUNDS AND PROCEDURE FOR REMOVAL OF COMMERCIAL TENANTS FOR UNLICENSED CANNABIS RETAIL SALE. 1. ANY DULY AUTHORIZED ENFORCEMENT AGENCY OF THE STATE OR OF A SUBDIVISION THEREOF, UNDER A DUTY TO ENFORCE THE PROVISIONS OF THE PENAL LAW OR OF ANY STATE OR LOCAL LAW, ORDINANCE, CODE, RULE OR REGULATION RELATING TO BUILDINGS, OR THE CANNABIS CONTROL BOARD, OFFICE OF CANNABIS MANAGEMENT OR THE ATTORNEY GENERAL PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-A OF THE CANNABIS LAW, MAY SERVE PERSONALLY UPON THE OWNER OR LANDLORD OF REAL PROPERTY AUTHORIZED OR OTHERWISE INTENDED OR ADVERTISED, IN WHOLE OR PART, FOR USE TO BUY, SELL OR OTHERWISE PROVIDE GOODS OR SERVICES, OR FOR OTHER BUSINESS, COMMER- CIAL, PROFESSIONAL SERVICES OR MANUFACTURING ACTIVITIES, OR UPON THEIR AGENT, A WRITTEN NOTICE REQUIRING THE OWNER OR LANDLORD TO MAKE AN APPLICATION FOR THE REMOVAL OF A COMMERCIAL TENANT SO USING OR OCCUPYING THE SAME FOR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW OR ARTICLE SIX OF THE CANNABIS LAW INVOLVING THE UNLICENSED SALE OF CANNABIS, WHERE SUCH PROPERTY, OR THE PORTION THEREOF BEING USED FOR SUCH UNLICENSED ACTIVITY, IS NOT OCCUPIED FOR ANY OTHER LICENSED OR LAWFUL PURPOSE. IF THE OWNER OR LANDLORD OR THEIR AGENT DOES NOT MAKE S. 4006--C 163 A. 3006--C SUCH APPLICATION WITHIN FIVE DAYS THEREAFTER; OR, HAVING MADE IT, DOES NOT IN GOOD FAITH DILIGENTLY PROSECUTE IT, THE ENFORCEMENT AGENCY GIVING THE NOTICE MAY BRING A PROCEEDING UNDER THIS ARTICLE FOR SUCH REMOVAL AS THOUGH THE PETITIONER WERE THE OWNER OR LANDLORD OF THE PREMISES, AND SHALL HAVE PRECEDENCE OVER ANY SIMILAR PROCEEDING THEREAFTER BROUGHT BY SUCH OWNER OR LANDLORD OR TO ONE THERETOFORE BROUGHT BY THEM AND NOT PROSECUTED DILIGENTLY AND IN GOOD FAITH. AN ENFORCEMENT AGENCY AUTHOR- IZED TO BRING A PETITION HEREUNDER MAY DO SO ON THEIR OWN INITIATIVE OR UPON A REFERRAL FROM AN AGENCY OF THE STATE OR A SUBDIVISION THEREOF. THE PERSON IN POSSESSION OF THE PROPERTY, AS WELL AS ANY LESSEE OR SUBLESSEE AND THE OWNER OR LANDLORD SHALL BE MADE RESPONDENTS IN THE PROCEEDING. 2. A COURT, UPON A FINDING OF SUCH VIOLATION MAY, IN ADDITION TO ANY OTHER ORDER PROVIDED BY LAW: (A) GRANT A PETITION PURSUANT TO THIS SECTION ORDERING THE IMMEDIATE REMOVAL OF SUCH TENANT; (B) IMPOSE AND REQUIRE THE PAYMENT BY ANY RESPONDENT NOT OTHERWISE SUBJECT TO A CIVIL PENALTY UNDER SECTION SIXTEEN OR ONE HUNDRED TWENTY- FIVE OF THE CANNABIS LAW, WHO HAS BEEN FOUND TO HAVE KNOWINGLY PERMITTED SUCH A VIOLATION, A CIVIL PENALTY NOT EXCEEDING THREE TIMES THE AMOUNT OF RENT CHARGED FOR THE DURATION OF THE VIOLATION; (C) ORDER THE PAYMENT OF REASONABLE ATTORNEYS FEES AND THE COSTS OF THE PROCEEDING TO THE PETITIONER; AND (D) ORDER THAT ANY SUCH MULTIPLE RESPONDENTS SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PAYMENT SO ORDERED UNDER THIS SUBDIVISION. 3. FOR THE PURPOSES OF A PROCEEDING UNDER THIS SECTION, AN ENFORCEMENT AGENCY OF THE STATE OR OF A SUBDIVISION THEREOF, WHICH MAY COMMENCE A PROCEEDING UNDER THIS SECTION, MAY SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER OATH BEFORE THEMSELVES OR A COURT AND REQUIRE THAT ANY BOOKS, RECORDS, DOCUMENTS OR PAPERS RELEVANT OR MATERI- AL TO THE INQUIRY BE TURNED OVER TO THEM FOR INSPECTION, EXAMINATION OR AUDIT, PURSUANT TO THE CIVIL PRACTICE LAW AND RULES. 4. THE USE OR OCCUPANCY OF PREMISES SOLELY OR PRIMARILY FOR THE UNLI- CENSED RETAIL SALE OF CANNABIS SHALL CONSTITUTE AN ILLEGAL TRADE, MANU- FACTURE, OR OTHER BUSINESS FOR THE PURPOSES OF SECTION TWO HUNDRED THIR- TY-ONE OF THE REAL PROPERTY LAW. § 22. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 86 to read as follows: 86. INVESTIGATORS APPOINTED BY THE CANNABIS CONTROL BOARD, PURSUANT TO SECTION TEN OF THE CANNABIS LAW; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR, OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. § 23. This act shall take effect immediately; provided, however, that the provisions of section 16-a of the cannabis law as added by section twelve of this act shall expire and be deemed repealed on May 1, 2028. PART VV Section 1. This Part enacts into law major components of legislation relating to securing orders, mandatory arrests for domestic violence cases, and data collection. Each component is wholly contained within a Subpart identified as Subparts A through C. 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 S. 4006--C 164 A. 3006--C 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 three of this Part sets forth the general effective date of this act. SUBPART A Section 1. The opening paragraph and paragraphs (d) and (f) of subdi- vision 3-a and subdivision 5 of section 500.10 of the criminal procedure law, the opening paragraph and paragraph (d) as amended and paragraph (f) of subdivision 3-a as added by section 1 of part UU of chapter 56 of the laws of 2020 and subdivision 5 as amended by section 1-e of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows: "Release under non-monetary conditions." A court releases a principal under non-monetary conditions when, having acquired control over a person, it authorizes the person to be at liberty during the pendency of the criminal action or proceeding involved under conditions ordered by the court[, which]. THE CONDITIONS ORDERED shall [be the least restric- tive conditions that will] REFLECT THE FINDINGS OF THE INDIVIDUALIZED DETERMINATION WARRANTING SUCH IMPOSITION OF NON-MONETARY CONDITIONS TO reasonably assure the principal's return to court and reasonably assure the principal's compliance with court conditions. A principal shall not be required to pay for any part of the cost of release on non-monetary conditions. Such conditions may include, among other conditions reason- able under the circumstances: (d) that, [when it is shown pursuant to] UPON A FINDING IN ACCORDANCE WITH subdivision four of section 510.45 of this title [that no other realistic non-monetary condition or set of non-monetary conditions will suffice to reasonably assure the person's return to court], the person be placed in reasonable pretrial supervision with a pretrial services agency serving principals in that county, PROVIDED, HOWEVER THAT WHERE NON-MONETARY CONDITIONS ARE IMPOSED IN COMBINATION WITH A SECURING ORDER ALSO FIXING BAIL, THE COURT SHALL NOT BE REQUIRED TO MAKE SUCH SEPARATE FINDING; (f) that the principal be referred to a pretrial services agency for placement in mandatory programming, including counseling, treatment, INCLUDING BUT NOT LIMITED TO MENTAL HEALTH AND CHEMICAL DEPENDENCE TREATMENT, and intimate partner violence intervention programs. Where applicable, the court may REFER THE PRINCIPAL TO A CRISIS STABILIZATION CENTER OR direct THAT the principal be removed to a hospital pursuant to section 9.43 of the mental hygiene law; 5. "Securing order" means an order of a court committing a principal to the custody of the sheriff or fixing bail, where authorized, or releasing the principal on the principal's own recognizance or releasing the principal under non-monetary conditions, OR, AS OTHERWISE AUTHORIZED UNDER THIS TITLE, ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL. § 2. The opening paragraph of subdivision 1, subdivision 3 and the opening paragraph of subdivision 4 of section 510.10 of the criminal procedure law, the opening paragraph of subdivision 1 as amended by section 1 of subpart C of part UU of chapter 56 of the laws of 2022, subdivision 3 as added by section 2 of part JJJ of chapter 59 of the laws of 2019, and the opening paragraph of subdivision 4 as amended by section 2 of part UU of chapter 56 of the laws of 2020, are amended and a new opening paragraph is added to read as follows: S. 4006--C 165 A. 3006--C THE IMPOSITION OF A SPECIFIC TYPE OF SECURING ORDER IS IN SOME CASES REQUIRED BY LAW AND IN OTHER CASES WITHIN THE DISCRETION OF THE COURT IN ACCORDANCE WITH THE PRINCIPLES OF, AND PURSUANT TO ITS AUTHORITY GRANTED UNDER, THIS TITLE. When a principal, whose future court attendance at a criminal action or proceeding is or may be required, comes under the control of a court, such court shall[,] IMPOSE A SECURING ORDER in accordance with this title[, by a securing order release the principal on the principal's own recognizance, release the principal under non-monetary conditions, or, where authorized, fix bail or commit the principal to the custody of the sheriff. In all such cases, except where another type of securing order is shown to be required by law, the court shall release the principal pending trial on the principal's own recognizance, unless it is demon- strated and]. EXCEPT AS OTHERWISE REQUIRED BY LAW, the court [makes] SHALL MAKE an individualized determination [that] AS TO WHETHER the principal poses a risk of flight to avoid prosecution, CONSIDER THE KIND AND DEGREE OF CONTROL OR RESTRICTION NECESSARY TO REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, AND SELECT A SECURING ORDER CONSISTENT WITH ITS DETERMINATION UNDER THIS SUBDIVISION. [If such a finding is made, the court must select the least restrictive alternative and condition or conditions that will reasonably assure the principal's return to court.] The court shall explain THE BASIS FOR ITS DETERMINATION AND its choice of [release, release with conditions, bail or remand] SECURING ORDER on the record or in writing. In making [its] A determination UNDER THIS SUBDIVISION, the court must consider and take into account available information about the principal, including: 3. In cases other than as described in subdivision four of this section, the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that release on the principal's own recognizance will not reasonably assure the principal's return to court. In such instances, the court shall release the principal under non-monetary conditions[, selecting the least restrictive alternative and conditions] AS PROVIDED FOR IN SUBDIVISION THREE-A OF SECTION 500.10 OF THIS TITLE that will reasonably assure the principal's return to court. The court shall explain its choice of [alternative and conditions] SECURING ORDER on the record or in writing. Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff. A principal stands charged with a quali- fying offense for the purposes of this subdivision when he or she stands charged with: § 3. Subdivision 1 and paragraph (b) of subdivision 2 of section 510.20 of the criminal procedure law, as amended by section 3 of part JJJ of chapter 59 of the laws of 2019, are amended and a new subdivision 3 is added to read as follows: 1. Upon any occasion when a court has issued a securing order with respect to a principal and the principal is confined in the custody of the sheriff as a result of the securing order or a previously issued securing order, the principal may make an application for recognizance, release under non-monetary conditions [or], bail, A REDUCTION OF BAIL, S. 4006--C 166 A. 3006--C OR IMPOSITION OF NON-MONETARY CONDITIONS IN CONJUNCTION WITH BAIL OR A REDUCTION OF BAIL. (b) Upon such application, the principal must be accorded an opportu- nity to be heard, present evidence and to contend that an order of recognizance, release under non-monetary conditions or, where author- ized, bail, A REDUCTION OF BAIL, OR IMPOSITION OF NON-MONETARY CONDI- TIONS IN CONJUNCTION WITH BAIL OR A REDUCTION OF BAIL, must or should issue, that the court should release the principal on the principal's own recognizance or under non-monetary conditions rather than fix bail, OR WHERE BAIL HAS BEEN IMPOSED, REDUCE THE AMOUNT OF BAIL AND IMPOSE NON-MONETARY CONDITIONS, WHERE AUTHORIZED UNDER THIS TITLE, and that if bail is authorized and fixed it should be in a suggested amount and form. 3. WHEN AN APPLICATION FOR A CHANGE IN SECURING ORDER IS BROUGHT UNDER THIS SECTION AND ONE OR MORE OF THE CHARGE OR CHARGES ON WHICH SUCH SECURING ORDER WAS BASED HAVE BEEN DISMISSED AND/OR REDUCED SUCH THAT THE SECURING ORDER IS NO LONGER SUPPORTED BY THE PROVISIONS OF SECTION 510.10 OF THIS ARTICLE, THE COURT SHALL IMPOSE A NEW SECURING ORDER IN ACCORDANCE WITH SUCH SECTION. § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as amended by section 2 of subpart C of part UU of chapter 56 of the laws of 2022, is amended to read as follows: 1. With respect to any principal, the court in all cases, unless otherwise provided by law, must impose [the least restrictive kind and degree of control or restriction that is necessary to secure the princi- pal's return to court when required. In determining that matter, the court must, on the basis of available information, consider and take into account information about the principal that is relevant to the principal's return to court, including: (a) The principal's activities and history; (b) If the principal is a defendant, the charges facing the principal; (c) The principal's criminal conviction record if any; (d) The principal's record of previous adjudication as a juvenile delinquent, as retained pursuant to section 354.2 of the family court act, or, of pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any; (e) The principal's previous record with respect to flight to avoid criminal prosecution; (f) If monetary bail is authorized, according to the restrictions set forth in this title, the principal's individual financial circumstances, and, in cases where bail is authorized, the principal's ability to post bail without posing undue hardship, as well as his or her ability to obtain a secured, unsecured, or partially secured bond; (g) any violation by the principal of an order of protection issued by any court; (h) the principal's history of use or possession of a firearm; (i) whether the charge is alleged to have caused serious harm to an individual or group of individuals; and (j) If the principal is a defendant, in the case of an application for a securing order pending appeal, the merit or lack of merit of the appeal] A SECURING ORDER IN ACCORDANCE WITH SECTION 510.10 OF THIS ARTI- CLE, AND SHALL EXPLAIN THE BASIS FOR ITS DETERMINATION AND CHOICE OF SECURING ORDER ON THE RECORD OR IN WRITING. § 5. Subdivision 3 and paragraph (b) of subdivision 4 of section 510.40 of the criminal procedure law, as added by section 6 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows: S. 4006--C 167 A. 3006--C 3. Non-monetary conditions of release shall be individualized and established in writing by the court. At future court appearances, the court shall consider a lessening of conditions or modification of condi- tions to a less burdensome form based on the principal's compliance with such conditions of release. In the event of alleged non-compliance with the conditions of release in an important respect, pursuant to this subdivision, additional conditions may be imposed by the court, on the record or in writing, only after notice of the facts and circumstances of such alleged non-compliance, reasonable under the circumstances, affording the principal and the principal's attorney and the people an opportunity to present relevant, admissible evidence, relevant witnesses and to cross-examine witnesses, and a finding by clear and convincing evidence that the principal violated a condition of release in an impor- tant respect. Following such a finding, in determining whether to impose additional conditions for non-compliance, the court shall consider and may select conditions [consistent with the court's obligation to impose the least restrictive condition or conditions] AS PROVIDED FOR IN SUBDI- VISION THREE-A OF SECTION 500.10 OF THIS TITLE that will reasonably assure the defendant's return to court. The court shall explain on the record or in writing the reasons for its determination and for any changes to the conditions imposed. (b) The specific method of electronic monitoring of the principal's location must be approved by the court. [It must be the least restric- tive] THE procedure and method [that will] OF SUCH ELECTRONIC MONITORING SHALL REFLECT THE FINDINGS OF THE INDIVIDUALIZED DETERMINATION WARRANT- ING SUCH IMPOSITION OF ELECTRONIC MONITORING TO reasonably assure the principal's return to court, and SHALL BE unobtrusive to the greatest extent practicable. § 6. Paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1, and the opening paragraph of subdivision 2 of section 530.20 of the criminal procedure law, paragraph (a) of subdivision 1 as amended by section 3 of subpart C of part UU of chapter 56 of the laws of 2022, the opening paragraph of paragraph (b) as amended by section 3 of part UU of chapter 56 of the laws of 2020, and the opening paragraph of subdivision 2 as amended by section 16 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows: (a) In cases other than as described in paragraph (b) of this subdivi- sion, the court shall release the principal pending trial on the princi- pal's own recognizance[, unless the court finds on the record] or [in writing that] release [on] the [principal's own recognizance will not reasonably assure the principal's return to court. In such instances, the court shall release the] principal PENDING TRIAL under non-monetary conditions, [selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court] THE DETER- MINATION FOR WHICH SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION 510.10 OF THIS TITLE. The court shall explain THE BASIS FOR its DETERMINATION AND choice of [alternative and conditions] SECURING ORDER on the record or in writing. [In making its determination, the court must consider and take into account available information about the principal, including: (i) the principal's activities and history; (ii) if the principal is a defendant, the charges facing the princi- pal; (iii) the principal's criminal conviction record if any; (iv) the principal's record of previous adjudication as a juvenile delinquent, as retained pursuant to section 354.1 of the family court S. 4006--C 168 A. 3006--C act, or of pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any; (v) the principal's previous record with respect to flight to avoid criminal prosecution; (vi) if monetary bail is authorized, according to the restrictions set forth in this title, the principal's individual financial circumstances, and, in cases where bail is authorized, the principal's ability to post bail without posing undue hardship, as well as his or her ability to obtain a secured, unsecured, or partially secured bond; (vii) any violation by the principal of an order of protection issued by any court; (viii) the principal's history and use or possession of a firearm; (ix) whether the charge is alleged to have caused serious harm to an individual or group of individuals; and (x) if the principal is a defendant, in the case of an application for a securing order pending appeal, the merit or lack of merit of the appeal.] Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff. The court shall explain its choice of [release, release with conditions, bail or remand] SECURING ORDER on the record or in writing. A principal stands charged with a qualifying offense when he or she stands charged with: When the defendant is charged, by felony complaint, with a felony, the court may, in its discretion, AND IN ACCORDANCE WITH SECTION 510.10 OF THIS TITLE, order recognizance, release under non-monetary conditions, or, where authorized, FIX bail, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, or commit the defendant to the custody of the sheriff except as otherwise provided in subdivision one of this section or this subdivision: § 7. The closing paragraph of subdivision 1 of section 530.30 of the criminal procedure law, as amended by section 17 of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows: In such case, such superior court judge may vacate the order of such local criminal court and release the defendant on recognizance or under non-monetary conditions, or where authorized, fix bail in a lesser amount or in a less burdensome form, [whichever are the least restric- tive alternative and] OR ORDER NON-MONETARY conditions [that will reasonably assure the defendant's return to court] IN CONJUNCTION WITH FIXING BAIL, INCLUDING FIXING BAIL IN A LESSER AMOUNT OR IN A LESS BURDENSOME FORM, THE DETERMINATION FOR WHICH SHALL BE MADE IN ACCORDANCE WITH SECTION 510.10 OF THIS TITLE. The court shall explain THE BASIS FOR its DETERMINATION AND choice of [alternative and conditions] SECUR- ING ORDER on the record or in writing. § 8. Subdivision 3 and the opening paragraph of subdivision 4 of section 530.40 of the criminal procedure law, subdivision 3 as amended by section 3 of subpart B of part UU of chapter 56 of the laws of 2022 and the opening paragraph of subdivision 4 as amended by section 4 of part UU of chapter 56 of the laws of 2020, are amended to read as follows: 3. In cases other than as described in subdivision four of this section the court shall release the principal pending trial on the prin- S. 4006--C 169 A. 3006--C cipal's own recognizance[, unless the court finds on the record] or [in writing that] release [on] the [principal's own recognizance will not reasonably assure the principal's return to court. In such instances, the court shall release the] principal PENDING TRIAL under non-monetary conditions, [selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court] THE DETER- MINATION FOR WHICH SHALL BE MADE IN ACCORDANCE WITH SECTION 510.10 OF THIS TITLE. The court shall explain THE BASIS FOR its DETERMINATION AND choice of [alternative and conditions] SECURING ORDER on the record or in writing. [In making its determination, the court must consider and take into account available information about the principal, including: (a) the principal's activities and history; (b) if the principal is a defendant, the charges facing the principal; (c) the principal's criminal conviction record if any; (d) the principal's record of previous adjudication as a juvenile delinquent, as retained pursuant to section 354.1 of the family court act, or of pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any; (e) the principal's previous record with respect to flight to avoid criminal prosecution; (f) if monetary bail is authorized, according to the restrictions set forth in this title, the principal's individual financial circumstances, and, in cases where bail is authorized, the principal's ability to post bail without posing undue hardship, as well as his or her ability to obtain a secured, unsecured, or partially secured bond; (g) any violation by the principal of an order of protection issued by any court; (h) the principal's history and use or possession of a firearm; (i) whether the charge is alleged to have caused serious harm to an individual or group of individuals; and (j) if the principal is a defendant, in the case of an application for a securing order pending appeal, the merit or lack of merit of the appeal.] Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion, AND IN ACCORDANCE WITH SECTION 510.10 OF THIS TITLE, release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff. The court shall explain THE BASIS FOR ITS DETER- MINATION AND its choice of [release, release with conditions, bail or remand] SECURING ORDER on the record or in writing. A principal stands charged with a qualifying offense for the purposes of this subdivision when he or she stands charged with: § 9. Subdivisions 1 and 2-a of section 530.45 of the criminal proce- dure law, subdivision 1 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019, and subdivision 2-a as added by section 9 of part UU of chapter 56 of the laws of 2020, are amended to read as follows: 1. When the defendant is at liberty in the course of a criminal action as a result of a prior SECURING order [of recognizance, release under non-monetary conditions or bail] and the court revokes such order and then, where authorized, fixes no bail [or], fixes bail in a greater amount or in a more burdensome form than was previously fixed, OR, IN CONJUNCTION WITH THE IMPOSITION OF NON-MONETARY CONDITIONS, FIXES BAIL S. 4006--C 170 A. 3006--C IN A GREATER AMOUNT OR IN A MORE BURDENSOME FORM THAN WAS PREVIOUSLY FIXED and remands or commits defendant to the custody of the sheriff, or issues a more restrictive securing order, a judge designated in subdivi- sion two of this section, upon application of the defendant following conviction of an offense other than a class A felony or a class B or class C felony offense as defined in article one hundred thirty of the penal law committed or attempted to be committed by a person eighteen years of age or older against a person less than eighteen years of age, and before sentencing, may issue a securing order and release the defendant on the defendant's own recognizance, release the defendant under non-monetary conditions, or, where authorized, fix bail [or], WHICH MAY BE IN CONJUNCTION WITH THE IMPOSITION OF NON-MONETARY CONDI- TIONS, fix bail in a lesser amount or in a less burdensome form, WHICH MAY BE IN CONJUNCTION WITH THE IMPOSITION OF NON-MONETARY CONDITIONS, or issue a less restrictive securing order, than fixed by the court in which the conviction was entered. 2-a. Notwithstanding the provisions of subdivision four of section 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi- sion four of section 530.40 of this title, when a defendant charged with an offense that is not such a qualifying offense is convicted, whether by guilty plea or verdict, in such criminal action or proceeding of an offense that is not a qualifying offense, the court may, in accordance with law, issue a securing order: releasing the defendant on the defend- ant's own recognizance or under non-monetary conditions where author- ized, fix bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, or remand the defendant to the custody of the sheriff where authorized. § 10. Subdivisions 2 and 3 of section 530.50 of the criminal procedure law, subdivision 2 as added by section 10 of part UU of chapter 56 of the laws of 2020, and subdivision 3 as added by section 4 of subpart D of part UU of chapter 56 of the laws of 2022, are amended to read as follows: 2. Notwithstanding the provisions of subdivision four of section 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi- sion four of section 530.40 of this title, when a defendant charged with an offense that is not such a qualifying offense applies, pending deter- mination of an appeal, for an order of recognizance or release on non- monetary conditions, where authorized, [or] fixing bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, a judge identi- fied in subdivision two of section 460.50 or paragraph (a) of subdivi- sion one of section 460.60 of this chapter may, in accordance with law, and except as otherwise provided by law, issue a securing order: releas- ing the defendant on the defendant's own recognizance or under non-mone- tary conditions where authorized, fixing bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, or remanding the defendant to the custody of the sheriff where authorized. 3. Where an appeal by the people has been taken from an order dismiss- ing one or more counts of an accusatory instrument for failure to comply with a discovery order pursuant to subdivision twelve of section 450.20 of this chapter and the defendant is charged with a qualifying offense in the remaining counts in the accusatory instrument, pending determi- nation of an appeal, the defendant may apply for an order of recogni- zance or release on non-monetary conditions, where authorized, [or] fixing bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL. A judge identified in subdivision two of section 460.50 of this chapter or paragraph (a) of subdivision one of section 460.60 of S. 4006--C 171 A. 3006--C this chapter may, in accordance with law, and except as otherwise provided by law, issue a securing order releasing the defendant on the defendant's own recognizance or under non-monetary conditions where authorized, fixing bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNC- TION WITH FIXING BAIL, or remanding the defendant to the custody of the sheriff where authorized. § 11. The opening paragraph of paragraph (b), and the closing para- graph of subparagraph (i) and subparagraph (ii) of paragraph (d) of subdivision 2 of section 530.60 of the criminal procedure law, as amended by section 20 of part JJJ of chapter 59 of the laws of 2019, are amended and a new subparagraph (iii) of paragraph (d) is added to read as follows: Except as provided in paragraph (a) of this subdivision or any other law, whenever in the course of a criminal action or proceeding a defend- ant charged with the commission of an offense is at liberty as a result of [an order of recognizance, release under non-monetary conditions or bail] A SECURING ORDER issued pursuant to this article it shall be grounds for revoking such order and [fixing bail] IMPOSING A NEW SECUR- ING ORDER IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION, THE BASIS FOR WHICH SHALL BE MADE ON THE RECORD OR IN WRITING, in such crim- inal action or proceeding when the court has found, by clear and convincing evidence, that the defendant: Upon expiration of any of the three periods specified within this subparagraph, whichever is shortest, the court may grant or deny release upon an order of bail or recognizance in accordance with the provisions of this article. Upon conviction to an offense the provisions of article five hundred thirty of this chapter shall apply; [and] (ii) Under SUBPARAGRAPH (I) OF paragraph (b) of this subdivision, revocation of [the order of recognizance, release under non-monetary conditions or, as the case may be, bail] A PREVIOUSLY ISSUED SECURING ORDER shall result in the issuance of a new securing order which may, if otherwise authorized by law, permit the principal's release on recogni- zance or release under non-monetary conditions, but shall also render the defendant eligible for an order fixing bail, OR ORDERING NON-MONE- TARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, provided, however, that in accordance with the principles in this title the court must [select the least restrictive alternative and condition or conditions that will reasonably assure the principal's return to court] IMPOSE A NEW SECURING ORDER IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION 510.10 OF THIS TITLE, AND IN IMPOSING SUCH ORDER, MAY CONSIDER THE CIRCUMSTANCES WARRANTING SUCH REVOCATION. Nothing in this subparagraph shall be inter- preted as shortening the period of detention, or requiring or authoriz- ing any less restrictive form of a securing order, which may be imposed pursuant to any other law[.]; AND (III) UNDER SUBPARAGRAPHS (II), (III), AND (IV) OF PARAGRAPH (B) OF THIS SUBDIVISION, REVOCATION OF A PREVIOUSLY ISSUED SECURING ORDER SHALL RESULT IN THE ISSUANCE OF A NEW SECURING ORDER WHICH MAY, IF OTHERWISE AUTHORIZED BY LAW, PERMIT THE PRINCIPAL'S RELEASE ON RECOGNIZANCE OR RELEASE UNDER NON-MONETARY CONDITIONS, BUT SHALL ALSO RENDER THE DEFEND- ANT ELIGIBLE FOR AN ORDER FIXING BAIL OR ORDERING NON-MONETARY CONDI- TIONS IN CONJUNCTION WITH FIXING BAIL. IN ISSUING THE NEW SECURING ORDER, THE COURT SHALL CONSIDER THE KIND AND DEGREE OF CONTROL OR RESTRICTION NECESSARY TO REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT AND COMPLIANCE WITH COURT CONDITIONS, AND SELECT A SECURING ORDER CONSISTENT WITH ITS DETERMINATION, TAKING INTO ACCOUNT THE FACTORS REQUIRED TO BE CONSIDERED UNDER SUBDIVISION ONE OF SECTION 510.10 OF S. 4006--C 172 A. 3006--C THIS TITLE, THE CIRCUMSTANCES WARRANTING SUCH REVOCATION, AND THE NATURE AND EXTENT OF THE PRINCIPAL'S NONCOMPLIANCE WITH PREVIOUSLY ORDERED NON-MONETARY CONDITIONS OF THE SECURING ORDER SUBJECT TO REVOCATION UNDER THIS SUBDIVISION. NOTHING IN THIS SUBPARAGRAPH SHALL BE INTERPRET- ED AS SHORTENING THE PERIOD OF DETENTION, OR REQUIRING OR AUTHORIZING ANY LESS RESTRICTIVE FORM OF A SECURING ORDER, WHICH MAY BE IMPOSED PURSUANT TO ANY OTHER LAW. § 12. This act shall take effect on the thirtieth day after it shall have become a law. SUBPART B Section 1. Paragraph (a) of subdivision 1 of section 150.20 of the criminal procedure law, as amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows: (a) Whenever a police officer is authorized pursuant to section 140.10 of this title to arrest a person without a warrant for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, [he] OR OTHER THAN WHERE AN ARREST IS REQUIRED TO BE MADE PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF THIS TITLE, THE OFFICER shall, except as set out in paragraph (b) of this subdivision, subject to the provisions of subdivi- sions three and four of section 150.40 of this title, instead issue to and serve upon such person an appearance ticket. § 2. Subdivision 2 of section 150.20 of the criminal procedure law, as amended by chapter 550 of the laws of 1987, is amended to read as follows: 2. (a) Whenever, PURSUANT TO SECTION 140.10 OF THIS TITLE, a police officer has arrested a person without a warrant for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law OR OTHER THAN WHERE AN ARREST WAS REQUIRED TO BE MADE pursuant to SUBDIVISION FOUR OF section 140.10 OF THIS TITLE, or (b) whenever a peace officer, who is not authorized by law to issue an appearance ticket, has arrested a person for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law pursuant to section 140.25 OF THIS TITLE, and SUCH PEACE OFFICER has requested a police officer to issue and serve upon such arrested person an appearance ticket pursuant to subdivision four of section 140.27 OF THIS TITLE, or (c) whenever a person has been arrested for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law and SUCH PERSON has been delivered to the custody of an appropriate police officer pursuant to section 140.40 OF THIS TITLE, such police officer may, instead of bringing such person before a local criminal court and promptly filing or causing the arresting peace officer or arresting person to file a local criminal court accusatory instrument therewith, issue to and serve upon such person an appearance ticket. [The issuance and service of an appearance ticket under such circum- stances may be conditioned upon a deposit of pre-arraignment bail, as provided in section 150.30.] § 3. Subdivisions 2 and 3 of section 140.20 of the criminal procedure law, as amended by chapter 550 of the laws of 1987, are amended to read as follows: 2. If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 S. 4006--C 173 A. 3006--C or 215.56 of the penal law, OR OTHER THAN WHERE AN ARREST IS REQUIRED TO BE MADE PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF THIS ARTICLE, the arrested person need not be brought before a local criminal court as provided in subdivision one, and the procedure may instead be as follows: (a) A police officer may issue and serve an appearance ticket upon the arrested person and release him from custody, as prescribed in subdivi- sion two of section 150.20 OF THIS TITLE; or (b) The desk officer in charge at a police station, county jail or police headquarters, or any of his superior officers, may, in such place fix pre-arraignment bail and, upon deposit thereof, issue and serve an appearance ticket upon the arrested person and release him from custo- dy[, as prescribed in section 150.30]. 3. [If] OTHER THAN WHERE AN ARREST IS REQUIRED TO BE MADE PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF THIS ARTICLE, IF (a) the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, and (b) owing to unavailability of a local criminal court the arresting police officer is unable to bring the arrested person before such a court with reasonable promptness, either an appearance ticket must be served unconditionally upon the arrested person or pre-arraign- ment bail must be fixed, as prescribed in subdivision two. If pre-arr- aignment bail is fixed but not posted, such arrested person may be temporarily held in custody but must be brought before a local criminal court without unnecessary delay. Nothing contained in this subdivision requires a police officer to serve an appearance ticket upon an arrested person or release him from custody at a time when such person appears to be under the influence of alcohol, narcotics or other drug to the degree that he may endanger himself or other persons. § 4. This act shall take effect immediately. SUBPART C Section 1. Subdivision 5 of section 216 of the judiciary law, as amended by section 1 of subpart G of part UU of chapter 56 of the laws of 2022, is amended to read as follows: 5. The chief administrator of the courts, in conjunction with the division of criminal justice services, shall collect data and report every six months regarding pretrial release and detention. Such data and report shall contain information categorized by age, gender, racial and ethnic background; regarding the nature of the criminal offenses, including the top charge of each case; the number and type of charges in each defendant's criminal record; whether the prosecutor requested that the court fix bail, the amounts and forms of bail requested by the prosecutor, and the amounts and forms of bail set by the court; the number of individuals released on recognizance; the number of individ- uals released on non-monetary conditions, including the conditions imposed; the number of individuals committed to the custody of a sheriff prior to trial; the rates of failure to appear and rearrest; the outcome of such cases or dispositions; the length of the pretrial detention stay and any other such information as the chief administrator and the divi- sion of criminal justice services may find necessary and appropriate. FURTHER, THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AND REPORT EVERY MONTH REGARDING PRETRIAL COMMITMENTS TO LOCAL CORRECTIONAL FACILITIES. SUCH DATA SHALL INCLUDE BUT NOT BE LIMITED TO AGE, GENDER, RACIAL AND ETHNIC BACKGROUND OF THE PRINCIPAL; BOTH BEGINNING AND END S. 4006--C 174 A. 3006--C DATES OF PRETRIAL COMMITMENT TO THE CUSTODY OF THE SHERIFF; TOTAL DAYS OF PRETRIAL COMMITMENT TO THE CUSTODY OF THE SHERIFF; THE TYPE OF COMMITMENT ORDERED BY THE COURT; THE TOP CHARGE AT ARREST AND ARRAIGN- MENT; AND WHETHER THE PRINCIPAL HAD BEEN PREVIOUSLY RELEASED FROM CUSTO- DY IN THE CASE. Such report shall aggregate the data collected by coun- ty; court, including city, town and village courts; and judge. The data shall be aggregated in order to protect the identity of individual defendants. The report shall be released publicly and published on the websites of the office of court administration and the division of crim- inal justice services. The first report shall be published twelve months after this subdivision shall have become a law, and shall include data from the first six months following the enactment of this section. Reports for subsequent periods shall be published every six months ther- eafter; PROVIDED, HOWEVER, THAT THE PRETRIAL DETENTION ADMISSIONS AND DISCHARGES REPORT WILL BE PUBLISHED EVERY MONTH. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. § 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. § 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 VV of this act shall be as specifically set forth in the last section of such Parts.
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