[ ] is old law to be omitted.
LBD12672-03-4
S. 8306--B 2
the date for the submission of such recommendations; to amend chapter
169 of the laws of 1994, relating to certain provisions related to the
1994-95 state operations, aid to localities, capital projects and debt
service budgets, in relation to the effectiveness thereof; to amend
subpart F of part C of chapter 97 of the laws of 2011, amending the
education law relating to census reporting, in relation to the effec-
tiveness thereof; 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 the education law, in relation
to funds for serving persons twenty-one years of age or older who have
not been enrolled in any school for the preceding year; and to amend
chapter 670 of the laws of 2007 amending the education law relating to
directing the commissioner of education to promulgate regulations
limiting the engines of school vehicles to remain idling while parked
or standing on school grounds, in relation to the effectiveness there-
of (Part A); to amend the education law, 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; to amend the education law, in relation to establishing a
zero-emission school bus committee; in relation to directing the
commissioner of education to conduct a study on the efficacy, adequa-
cy, and equity of the foundation aid formula; to amend the education
law, in relation to aid payable to school districts for library mate-
rials; to amend the education law, in relation to directing the
commissioner of education to annually convene a statewide convention
to bring together underrepresented educators; to amend the education
law, in relation to establishing the Dolly Parton's statewide library
system of New York; to amend the state finance law, in relation to
establishing the imagination library of New York fund; to amend the
education law, in relation to aid for transportation after 4pm for a
city school district located in a city having a population of one
million or more; to amend the education law, in relation to grant
amounts related to the universal prekindergarten program; in relation
to directing the commissioner of education to conduct a study on the
consolidation of all of the prekindergarten funding streams; to repeal
section 37-d of part A of chapter 56 of the laws of 2021 amending the
education law relating to school aid, relating to enrollment adjust-
ment factors being applied as a result of a certain state disaster
emergency; and providing for the repeal of certain provisions upon
expiration thereof (Part A-1); to amend the education law, in relation
to establishing evidence-based reading instructional best practices
for students attending prekindergarten through grade three (Part B);
to amend the education law, in relation to establishing a universal
financial aid policy (Part C); intentionally omitted (Part D); to
amend the education law, in relation to ensuring informational coordi-
nation between state educational agencies (Part E); to amend chapter
260 of the laws of 2011 amending the education law and the New York
state urban development corporation act relating to establishing
components of the NY-SUNY 2020 challenge grant program, in relation to
the effectiveness thereof (Part F); 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 G); to amend the social services
law, in relation to increasing the standards of monthly need for aged,
S. 8306--B 3
blind and disabled persons living in the community (Part H); to amend
the family court act and the domestic relations law, in relation to
establishment and modification of child support orders (Part I); to
amend the labor law, in relation to nursing employees' right to
express breast milk (Part J); intentionally omitted (Part K); to amend
the labor law, in relation to civil penalties for violations of
certain provisions for the payment of wages; to amend the civil prac-
tice law and rules, in relation to grounds for attachment; to amend
the business corporation law, in relation to streamlining procedures
where employees may hold shareholders of non-publicly traded corpo-
rations personally liable for wage theft; to amend the limited liabil-
ity company law, in relation to creating a right for victims of wage
theft to hold the ten members with the largest ownership interests in
a company personally liable for wage theft; to amend the labor law, in
relation to penalties for certain wage violations; and to amend the
state finance law, in relation to establishing the New York state
worker protection and labor law enforcement fund (Part L); to amend
chapter 25 of the laws of 2020, relating to providing requirements for
sick leave and the provision of certain employee benefits when such
employee is subject to a mandatory or precautionary order of quaran-
tine or isolation due to COVID-19, in relation to limiting such
provisions to employees working in a facility licensed pursuant to
article 28 of the public health law (Part M); to utilize reserves in
the mortgage insurance fund for various housing purposes (Part N); to
amend the criminal procedure law, the penal law and the executive law,
in relation to the crime of deed theft; to amend the real property
actions and proceedings law, in relation to the partition of heirs'
property; and to amend the real property law, in relation to allowing
transfer on death deeds (Part O); relating to the conveyance and use
of real property owned by the State University of New York at Farming-
dale (Subpart A); relating to the conveyance and use of real property
owned and maintained by the State University of New York at Stony
Brook (Subpart B); and relating to the conveyance and use of real
property owned and maintained by the department of transportation
(Subpart C) (Part P); 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 Q); 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 R); intentionally omitted
(Part S); intentionally omitted (Part T); intentionally omitted (Part
U); to amend the education law, in relation to allowing for students
in postsecondary education experience or transition program to receive
awards from the tuition assistance program (Part V); to amend the
education law, in relation to the criteria for determining tuition
assistance program awards (Part W); to amend the education law, in
relation to establishing a Black Leadership Institute within the State
University of New York (Part X); to amend the labor law, in relation
to decreasing the length of the suspension period applicable to
certain striking workers who seek to obtain unemployment insurance
benefits (Part Y); to amend the workers' compensation law, in relation
to the parties' rights to a hearing upon application to the workers'
compensation board and requiring a record of all hearings held (Part
Z); to amend the social services law, in relation to establishing the
New York healthy incentive program (Subpart A); to amend the social
services law, in relation to automating SNAP and the New York healthy
S. 8306--B 4
incentive program (Subpart B); and to amend the social services law,
in relation to establishing the New York healthy incentive program
outreach program (Subpart C) (Part AA); to amend the social services
law, in relation to allowances for the costs of diapers (Part BB); 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 CC); to amend the social services law,
in relation to child care assistance under the child care block grant
(Part DD); establishing a fiscal cliff task force to conduct a study
on fiscal cliffs in the state's public assistance programs and to make
recommendations related thereto; and providing for the repeal of such
provision upon expiration thereof (Part EE); to amend the social
services law, in relation to establishing differential payment rates
for child care services provided by licensed, registered or enrolled
child care providers (Part FF); to amend the education law, in
relation to tuition assistance program awards for dual or concurrent
enrollment coursework (Part GG); to amend the public housing law, in
relation to establishing the housing access voucher program (Part HH);
to amend the education law, in relation to permitting tuition assist-
ance program awards to be made to part-time students enrolled in
certain degree granting institutions chartered or authorized by the
New York state board of regents (Part II); to amend the education law,
in relation to requiring the use of project labor agreements for large
scale construction projects under the state university construction
fund (Part JJ); to amend the executive law, in relation to establish-
ing the commission for the modernization and revitalization of down-
state medical center (Part KK); to amend the education law, in
relation to providing student loan forgiveness for mental health
professionals (Part LL); to amend the executive law, in relation to
requiring the state fire prevention and building code council to study
and adopt uniform fire prevention and building code standards to
promote fire safety and accessibility in certain single-exit, single
stairway multi-unit residential buildings (Part MM); to amend the real
property tax law, in relation to directing the comptroller of the city
of New York to conduct annual audits of compliance with the affordable
New York housing program (Part NN); to amend the social services law,
in relation to raising the federal poverty level requirement for
recipients of social services where it concerns the one-time disregard
of earned income following job entry for up to six consecutive months
(Part OO); 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 PP); to
amend the education law, in relation to student refunds (Part QQ); to
amend the private housing finance law, in relation to creating a new
acquisition fund for community land trusts located in New York state
(Part RR); to amend the real property law, in relation to establishing
an accessory dwelling unit incentive program; to amend the executive
law, in relation to including an accessory dwelling unit in the term
housing accommodations in the human rights law; and 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 acces-
sory dwelling unit (Part SS); to amend the executive law, the real
property actions and proceedings law and the real property law, in
relation to establishing the New York state office of civil represen-
tation to provide access to legal services in eviction proceedings
(Part TT); to amend the state finance law, in relation to the local
S. 8306--B 5
share requirements associated with increasing the age of juvenile
jurisdiction (Part UU); to amend the social services law, in relation
to providing internet access to all individuals residing in temporary
housing; and to amend the New York state urban development corporation
act, in relation to the ConnectAll digital equity grant program
(Part VV); to amend the private housing finance law, in relation to
establishing the infill housing pilot program in the cities of
Buffalo, Rochester, Syracuse, Albany and Binghamton (Part WW); to
amend the real property tax law, in relation to establishing an
optional local tax exemption for affordable multi-family housing (Part
XX); to amend the real property law, in relation to establishing the
homeowner protection program (Part YY); to amend the private housing
finance law and the state finance law, in relation to establishing the
rental improvement fund pilot program (Part ZZ); to amend the adminis-
trative code of the city of New York and chapter 576 of the laws of
1974, constituting the emergency tenant protection act of nineteen
seventy-four, in relation to vacant apartments and major tenant
repairs (Part AAA); to amend the social services law, in relation to
establishing the mothers and infants lasting change allowance (Part
BBB); to amend the private housing finance law and the labor law, in
relation to establishing the New York housing opportunity corporation
act of 2024 (Part CCC); to amend the social services law, in relation
to removing the requirement that rent arrears be repaid and in
relation to authorizing emergency assistance to pay rent arrears for
up to twelve months in certain instances (Part DDD); to amend the
labor law and the public service law, in relation to wage requirements
and labor peace agreements for public projects involving certain
renewable energy systems (Part EEE); and to amend the social services
law, in relation to establishing a state SNAP minimum benefit program
(Part FFF)
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 2024-2025 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through FFF. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2023, 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-
S. 8306--B 6
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
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
S. 8306--B 7
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
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
S. 8306--B 8
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; AND PROVIDED FURTHER THAT, A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR 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-FOUR--TWO THOUSAND
TWENTY-FIVE 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-THREE--TWO THOUSAND TWENTY-FOUR 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 paragraph a of subdivision two of this section.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" shall be calculated as the sum of one minus the quotient of the sum
of the school district's net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten, making appropriations for the support of
government, plus the school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the support of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations for the local assistance budget,
including support for general support for public schools. Provided,
further, that such amount shall be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school year or to support new or expanded allowable
programs and activities in the current year.
§ 2. Intentionally omitted.
§ 2-a. Paragraph k of subdivision 4 of section 3602 of education law,
as added by section 2 of part A of chapter 56 of the laws of 2023, is
amended to read as follows:
k. Foundation aid payable in the two thousand twenty-three--two thou-
sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
school [year] YEARS. Notwithstanding any provision of law to the contra-
ry, foundation aid payable in the two thousand twenty-three--two thou-
sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
school [year] YEARS shall be equal to the sum of the total foundation
aid base computed pursuant to paragraph j of subdivision one of this
S. 8306--B 9
section plus the greater of (a) the positive difference, if any, of (i)
total foundation aid computed pursuant to paragraph a of this subdivi-
sion less (ii) the total foundation aid base computed pursuant to para-
graph 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 d of subdivision 4 of section 3602 of the education
law, as amended by section 6 of part YYY of chapter 59 of the laws of
2019, is amended to read as follows:
d. For the two thousand fourteen--two thousand fifteen through two
thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN-
TY-NINE school years a city school district of a city having a popu-
lation of one million or more may use amounts apportioned pursuant to
this subdivision for afterschool programs.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Intentionally omitted.
§ 9. Intentionally omitted.
§ 10. Intentionally omitted.
§ 11. Subparagraphs 2 and 3 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, are amended to read as follows:
(2) is a construction emergency project to remediate emergency situ-
ations which arise in public school buildings and threaten the health
and/or safety of building occupants, as a result of the unanticipated
discovery of asbestos or other hazardous substances during construction
work on a school or significant damage caused by a fire, snow storm, ice
storm, excessive rain, high winds, flood or a similar catastrophic event
which results in the necessity for immediate repair[; and/or
(3) if bonded pursuant to paragraph j of subdivision six of this
section, would cause a city school district in a city having a popu-
lation of less than one hundred twenty-five thousand inhabitants to
exceed ninety-five percent of its constitutional debt limit provided,
however, that any debt issued pursuant to paragraph c of section 104.00
of the local finance law shall not be included in such calculation].
§ 12. The opening paragraph of subdivision 2 of section 3623-a of
education law, as added by chapter 474 of the laws of 1996, is amended
to read as follows:
Allowable transportation capital, debt service and lease expense shall
include base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION,
NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA-
GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
§ 13. Subdivision 3 of section 3623-a of the education law is amended
by adding added a new paragraph d to read as follows:
D. (1) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND
LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION
SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE
THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT,
PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
RONMENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND
JOBS ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR COSTS ASSOCIATED
S. 8306--B 10
WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND
SUPPORTING INFRASTRUCTURE.
(2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
SERVICE, OR LEASES WHICH ARE RELATED TO COSTS ASSOCIATED WITH THE
PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING
INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS,
PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON-
MENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR SUCH PURPOSE, SUCH ALLOW-
ABLE EXPENSES AT THE TIME IN WHICH THE EXPENSE IS CLAIMED FOR AID SHALL
NOT EXCEED THE SUM OF (I) THE PRODUCT OF THE TRANSPORTATION AID RATIO
CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS ARTICLE MULTIPLIED BY ALLOWABLE EXPENSES, PLUS (II) THE
FINAL VALUE OF ANY SUCH VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT,
PAYMENTS, AND GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON-
MENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR SUCH PURPOSE.
(3) THE ENTITY AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR
GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON-
MENTAL CONSERVATION LAW SHALL PROVIDE TO THE COMMISSIONER A LIST OF
GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON
BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO-
EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE
MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS
LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO
BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO
BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT
RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM SUCH VOUCHER,
THE DATE ON WHICH THE PAYMENT OR GRANT WAS RECEIVED, AND ANY OTHER
INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
§ 14. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 10 of part A of chapter 56 of the laws of
2023, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-three] TWENTY-FOUR--two thousand
[twenty-four] TWENTY-FIVE 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.
§ 15. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 11 of part A of chapter 56 of the
laws of 2023, 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
S. 8306--B 11
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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-
FIVE school year 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".
§ 16. Paragraph d of subdivision 10 of section 3602-e of the education
law, as amended by section 23-c of part A of chapter 56 of the laws of
2021, is amended to read as follows:
d. Notwithstanding any other provision of this section, apportionments
under this section greater than the amounts provided in the two thousand
sixteen--two thousand seventeen school year shall only be used to
supplement and not supplant current local expenditures of [state or]
local funds on prekindergarten programs and the number of eligible full-
day four-year-old prekindergarten pupils and eligible full-day three-
year-old prekindergarten pupils in such programs from such sources.
Current local expenditures shall include any local expenditures of
[state or] local funds used to supplement or extend services provided
directly or via contract to eligible children enrolled in a universal
prekindergarten program pursuant to this section.
§ 17. Subdivision 13 of section 3602-ee of the education law, as added
by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
read as follows:
13. Apportionments under this section shall only be used to supplement
and not supplant current local expenditures of federal[, state] or local
funds on pre-kindergarten programs and the number of slots in such
programs from such sources. Current local expenditures shall include any
local expenditures of federal[, state] or local funds used to supplement
or extend services provided directly or via contract to eligible chil-
dren enrolled in a universal pre-kindergarten program pursuant to
section thirty-six hundred two-e of this part.
§ 18. Subdivision 16 of section 3602-ee of the education law, as
amended by section 16 of part A of chapter 56 of the laws of 2023, 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-four] TWENTY-FIVE; provided that the program shall continue and
remain in full effect.
§ 19. Paragraphs a and b of subdivision 16 of section 3641 of the
education law, as added by section 2 of part C of chapter 56 of the laws
S. 8306--B 12
of 2014, subparagraph 3 of paragraph b as amended by section 3 of part
YYY of chapter 59 of the laws of 2017, are amended to read as follows:
a. Definitions. The following terms, whenever used or referred to in
this subdivision, unless the context indicates otherwise, shall have the
following meanings:
(1) "Bonds" shall mean general obligation bonds issued pursuant to the
"smart schools bond act of 2014" in accordance with article VII of the
New York state constitution and article five of the state finance law.
[(2) "Smart schools review board" shall mean a body comprised of the
chancellor of the state university of New York, the director of the
budget, and the commissioner, or their respective designees.
(3)] (2) "Smart schools investment plan" shall mean a document
prepared by a school district setting forth the smart schools project or
projects to be undertaken with such district's smart schools allocation.
[(4)] (3) "Smart schools project" shall mean a capital project as set
forth and defined in subparagraphs FOUR, five, six[,] OR seven [or
eight] of this paragraph.
[(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU)
replacement project" shall mean a capital project which, as a primary
purpose, expands the availability of adequate and appropriate instruc-
tional space for pre-kindergarten or provides for the expansion or
construction of adequate and appropriate instructional space to replace
TCUs.
[(6)] (5) "Community connectivity project" shall mean a capital
project which, as a primary purpose, expands high-speed broadband or
wireless internet connectivity in the local community, including school
buildings and campuses, for enhanced educational opportunity in the
state.
[(7)] (6) "Classroom technology project" shall mean a capital project
to expand high-speed broadband or wireless internet connectivity solely
for school buildings and campuses, or to acquire learning technology
hardware for schools, classrooms, and student use, including but not
limited to whiteboards, computer servers, desktop computers, laptop
computers, and tablet computers.
[(8)] (7) "School safety and security technology project" shall mean a
capital project to install high-tech security features in school build-
ings and on school campuses, including but not limited to video surveil-
lance, emergency notification systems and physical access controls, for
enhanced educational opportunity in the state.
[(9)] (8) "Selected school aid" shall mean the sum of the amounts set
forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the execu-
tive budget proposal for the two thousand fourteen-fifteen school year.
[(10)] (9) "Smart schools allocation" shall mean, for each school
district, the product of (i) two billion dollars ($2,000,000,000) multi-
plied by (ii) the quotient of such school district's selected school aid
divided by the total selected school aid to all school districts.
b. Smart schools investment plans. (1) [The smart schools review
board] SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE
COMMISSIONER shall issue guidelines setting forth required components
and eligibility criteria for smart schools investment plans to be
S. 8306--B 13
submitted by school districts. Such guidelines shall include but not be
limited to: (i) a timeline for school district submission of smart
schools investment plans; (ii) any requirements for the use of available
state procurement options where applicable; (iii) any limitations on the
amount of a district's smart schools allocation that may be used for
assets with a short probable life; and (iv) the loan of smart schools
classroom technology pursuant to section seven hundred fifty-five of
this chapter.
(2) No school district shall be entitled to a smart schools grant
until such district shall have submitted a smart schools investment plan
to the [smart schools review board] DEPARTMENT and received [such
board's] THE COMMISSIONER'S approval of such investment plan. In devel-
oping such investment plan, school districts shall consult with parents,
teachers, students, community members and other stakeholders.
(3) The [smart schools review board] COMMISSIONER shall review all
smart schools investment plans for compliance with all eligibility
criteria and other requirements set forth in the guidelines. The [smart
schools review board] COMMISSIONER may approve or reject such plans, or
may return such plans to the school district for modifications; provided
that notwithstanding any inconsistent provision of law, the [smart
schools review board] COMMISSIONER shall approve no such plan first
submitted to the department on or after April fifteenth, two thousand
seventeen, unless such plan calculates the amount of classroom technolo-
gy to be loaned to students attending nonpublic schools pursuant to
section seven hundred fifty-five of this chapter in a manner that
includes the amount budgeted by the school district for servers, wire-
less access points and other portable connectivity devices to be
acquired as part of a school connectivity project. Upon approval, the
smart schools project or projects described in the investment plan shall
be eligible for smart schools grants. A smart schools project included
in a school district's smart schools investment plan shall not require
separate approval of the commissioner unless it is part of a school
construction project required to be submitted for approval of the
commissioner pursuant to section four hundred eight of this chapter
and/or subdivision six of section thirty-six hundred two of this arti-
cle. Any department, agency or public authority shall provide the [smart
schools review board] DEPARTMENT with any information it requires to
fulfill its duties pursuant to this subdivision.
(4) Any amendments or supplements to a smart schools investment plan
shall be submitted to the [smart schools review board] DEPARTMENT for
approval, and shall not take effect until such approval is granted.
§ 20. Intentionally omitted.
§ 21. Intentionally omitted.
§ 22. Intentionally omitted.
§ 23. The opening paragraph of section 3609-a of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2023, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the [two thousand twenty-three--two thousand twenty-four]
TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE 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
S. 8306--B 14
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
twenty-three--thousand twenty-four] TWO THOUSAND TWENTY-FOUR--TWO THOU-
SAND TWENTY-FIVE school year, reference to such "school aid computer
listing for the current year" shall mean the printouts entitled
["SA232-4"] "SA242-5".
§ 24. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 22 of part YYY of chapter 59 of the laws of
2019, is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through two
thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN-
TY-NINE.
§ 24-a. Subdivision 10 of section 3612 of the education law, as added
by chapter 62 of the laws of 2000 and as renumbered by section 36 of
part B of chapter 57 of the laws of 2007, is amended to read as follows:
10. UNDERREPRESENTED TEACHERS OF TOMORROW TUITION REIMBURSEMENT
PROGRAM. OF THE AMOUNT APPROPRIATED FOR PURPOSES OF THIS SECTION FOR
S. 8306--B 15
GRANTS TO SCHOOL DISTRICTS FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOU-
SAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, FIVE MILLION DOLLARS
($5,000,000) SHALL BE MADE AVAILABLE FOR THE UNDERREPRESENTED TEACHERS
OF TOMORROW TUITION REIMBURSEMENT PROGRAM DEVELOPED BY THE COMMISSIONER
TO ATTRACT QUALIFIED TEACHERS WHO PARTICIPATED IN A SCHOOL
DISTRICT/POST-SECONDARY PARTNERSHIP "GROW YOUR OWN" INITIATIVE, MY
BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS PROGRAM, HIGHER EDUCATION
OPPORTUNITY PROGRAM, EDUCATION OPPORTUNITY PROGRAM, OR OTHER SIMILAR
PROGRAM, AND HAVE RECEIVED OR WILL RECEIVE A PERMANENT OR PROFESSIONAL
STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITION IN A LOW
PERFORMING SCHOOL.
11. Reporting. By November first following the completion of each
school year, the commissioner shall report to the governor and the
legislature regarding the teachers of tomorrow teacher recruitment and
retention program, THE SCIENCE, MATHEMATICS AND BILINGUAL EDUCATION
TUITION REIMBURSEMENT PROGRAM, AND THE UNDERREPRESENTED TEACHERS OF
TOMORROW TUITION REIMBURSEMENT PROGRAM. Such report shall list the
amount of each school district's total grant pursuant to this section,
the uses of the grant by each eligible category of expense, the number
of awards granted by type pursuant to this section and, if applicable,
the number of persons receiving more than one award of a single type or
more than one type of award and the number of such awards for these
individuals, as well as an analysis of the effectiveness of the program
in recruiting and retaining teachers in the public schools of the state
designated as teacher shortage areas.
§ 25. Subdivision 6 of section 4402 of the education law, as amended
by section 23 of part YYY of chapter 59 of the laws of 2019, is amended
to read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-four] TWENTY-FIVE,
be authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
S. 8306--B 16
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which such board increases class sizes as provided pursuant to this
subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 38 of part YYY of chapter 59 of the
laws of 2019, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2024] 2025 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2024] 2025;
§ 27. 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 2023, 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, 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] reimbursement
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 REIMBURSEMENT FOR THE 2024--2025
SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR EIGHTEEN 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
S. 8306--B 17
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); 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); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
NOT EXCEED ONE MILLION FOUR HUNDRED SEVENTEEN THOUSAND TWO HUNDRED SEVEN
(1,417,207). 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.
§ 28. 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 cc to read as follows:
CC. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2024-25 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 FIFTEEN MILLION DOLLARS ($15,000,000).
§ 29. 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 2023, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2024] 2025.
§ 30. Paragraph (d) of subdivision 1 of section 2856 of the education
law, as amended by section 36-c of part A of chapter 56 of the laws of
2021, is amended to read as follows:
(d) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
thereafter. Provided that for expenses incurred in the two thousand
twenty--two thousand twenty-one school year, for a city school district
in a city having a population of one million or more, the annual appor-
tionment shall be reduced by thirty-five million dollars ($35,000,000)
upon certification by the director of the budget of the availability of
a grant in the same amount from the elementary and secondary school
emergency relief funds provided through the American rescue plan act of
2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
S. 8306--B 18
OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
§ 31. Paragraph (c) of subdivision 1 of section 2856 of the education
law, as amended by section 36-d of part A of chapter 56 of the laws of
2021, is amended to read as follows:
(c) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
thereafter. Provided that for expenses incurred in the two thousand
twenty--two thousand twenty-one school year, for a city school district
in a city having a population of one million or more, the annual appor-
tionment shall be reduced by thirty-five million dollars ($35,000,000)
upon certification by the director of the budget of the availability of
a grant in the same amount from the elementary and secondary school
emergency relief funds provided through the American rescue plan act of
2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
§ 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws
of 2023 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 state
funding, is amended to read as follows:
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] 2026.
Adoption of any alternative rate-setting methodologies shall be subject
to the approval of the director of the division of the budget.
§ 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 23 of part A of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2024] 2029.
S. 8306--B 19
§ 34. Section 26 of subpart F of part C of chapter 97 of the laws of
2011 amending the education law relating to census reporting, as amended
by section 46 of part YYY of chapter 59 of the laws of 2019, is amended
to read as follows:
§ 26. This act shall take effect immediately provided, however, that
the provisions of section three of this act shall expire June 30, [2024]
2029 when upon such date the provisions of such section shall be deemed
repealed; provided, further that the provisions of sections eight, elev-
en, twelve, thirteen and twenty of this act shall expire July 1, 2014
when upon such date the provisions of such sections shall be deemed
repealed.
§ 35. 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 2025 and not later than the last day of the third full
business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and
June 30, 2024 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 one 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
S. 8306--B 20
subdivisions one and two of this section shall first be deducted from
the following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
§ 36. 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, 2025, 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, 2025 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 one 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 one and two of this section shall first be deducted from
the following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
S. 8306--B 21
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
§ 37. 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 2024--2025 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 paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2024--2025 school year, and
for any city school district in a city having a population of more than
S. 8306--B 22
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2024--2025 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 2024--2025 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.
§ 38. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2024 enacting
the aid to localities budget shall be apportioned for the 2024--2025
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.
§ 38-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 2023, 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-three--two thousand
twenty-four] TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE, 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
S. 8306--B 23
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 educa-
tional competencies as defined in regulation by the commissioner, when
measured by accepted standardized tests, and who shall be eligible to
attend employment preparation education programs operated pursuant to
this subdivision.
§ 38-b. Section 2 of chapter 670 of the laws of 2007 amending the
education law relating to directing the commissioner of education to
promulgate regulations limiting the engines of school vehicles to remain
idling while parked or standing on school grounds, as amended by chapter
49 of the laws of 2019, is amended to read as follows:
§ 2. This act shall take effect immediately and shall be deemed
repealed June 30, [2024] 2025.
§ 39. 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.
§ 40. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2024, provided,
however, that:
1. sections one, two-a, five, twelve, thirteen, fourteen, fifteen,
sixteen, seventeen, eighteen, twenty-three, twenty-four, twenty-four-a,
twenty-five, twenty-nine and thirty-seven of this act shall take effect
July 1, 2024;
2. the amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York City made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
3. the amendments to paragraph (d) of subdivision 1 of section 2856 of
the education law made by section thirty of this act shall be subject to
the expiration and reversion of such subdivision pursuant to subdivision
d of section 27 of chapter 378 of the laws of 2007, as amended, when
upon such date the provisions of section thirty-one of this act shall
take effect.
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
S. 8306--B 24
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
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. 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
§ 3. 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 11 and a new subparagraph 12 is added to read as
follows:
(12) 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
BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST
MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 4. Subdivision 4 of section 4405 of the education law is amended by
adding a new paragraph l to read as follows:
S. 8306--B 25
L. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTAB-
LISHMENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY
ESTABLISHED PURSUANT TO THIS SUBDIVISION FOR THE TWO THOUSAND TWENTY-
FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND ANNUALLY THEREAFTER, FOR
SPECIAL SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY
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, 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 LIMIT-
ED TO, SPECIAL CLASS AND SPECIAL CLASS IN AN INTEGRATED SETTING
PROGRAMS, SHALL BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE OR RECONCIL-
IATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN ACCORDANCE
WITH THE FOLLOWING:
(I) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
YEAR.
(II) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
SCHOOL YEAR.
(III) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR THREE OR MORE YEARS PRIOR TO THE CURRENT
SCHOOL YEAR, SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE
APPROVED FOR THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR; THE PRODUCT
OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH SHALL THEN
INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
§ 5. Section 4003 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE
ESTABLISHMENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY
ESTABLISHED PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TWENTY-FOUR--
TWO THOUSAND TWENTY-FIVE 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 BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE
OR RECONCILIATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN
ACCORDANCE WITH THE FOLLOWING:
(I) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
YEAR.
(II) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
SCHOOL YEAR.
(III) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR THREE OR MORE YEARS PRIOR TO THE CURRENT
S. 8306--B 26
SCHOOL YEAR, SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE
APPROVED FOR THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR; THE PRODUCT
OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH SHALL THEN
INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
§ 6. 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-FOUR--TWO THOUSAND TWENTY-FIVE 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,
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.
§ 7. 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] THE DIRECTOR OF THE BUDGET may deem appropriate, shall
approve reimbursement methodologies 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-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
ER 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
S. 8306--B 27
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.
§ 8. 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-FOUR--TWO THOUSAND TWENTY-FIVE 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
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.
§ 9. 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-
FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND PRIOR SCHOOL YEARS, in
excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
SAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR IN EXCESS OF FORTY
THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX-
-TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR IN EXCESS OF FIFTY THOUSAND
DOLLARS, (IV) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SEVEN--TWO
THOUSAND TWENTY-EIGHT SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY
THOUSAND DOLLARS, shall not be such an approved expense, and except also
S. 8306--B 28
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.
§ 10. 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] FOUR THOUSAND ONE
hundred dollars. Such aid will be payable for weighted pupils attending
career education programs operated by the school district and for
weighted pupils for whom such school district contracts with boards of
cooperative educational services to attend career education programs
operated by a board of cooperative educational 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 commis-
sioner in regulations. The career education aid ratio shall be computed
by subtracting from one the product obtained by multiplying fifty-nine
percent by the combined wealth ratio. This aid ratio shall be expressed
as a decimal carried to three places without rounding, but not less than
thirty-six percent.
Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education programs in
the current year.
A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion reduced in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
S. 8306--B 29
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.
§ 11. 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
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.
S. 8306--B 30
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.]
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
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
S. 8306--B 31
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 THE COMMISSIONER MAY REQUIRE ANY MODIFI-
CATION THERETO.
§ 12. 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
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.
S. 8306--B 32
(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.
§ 13. Section 37-d of part A of chapter 56 of the laws of 2021 amend-
ing the education law relating to school aid is REPEALED.
§ 14. The education law is amended by adding a new section 3638-a to
read as follows:
§ 3638-A. ZERO-EMISSION SCHOOL BUS COMMITTEE. 1. ESTABLISHMENT OF
COMMITTEE. THERE IS HEREBY ESTABLISHED A ZERO-EMISSION SCHOOL BUS
COMMITTEE ("COMMITTEE") TO PROVIDE TECHNICAL SUPPORT AND GUIDANCE TO
ASSIST SCHOOL DISTRICTS IN SUCCESSFULLY IMPLEMENTING THE REQUIREMENTS
FOR ZERO-EMISSION SCHOOL BUSES AS PRESCRIBED IN SECTION THIRTY-SIX
HUNDRED THIRTY-EIGHT OF THIS PART.
2. COMMITTEE MEMBERS. (A) THE PRESIDENT OF THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, OR THE PRESIDENT'S REPRESENTATIVE,
SHALL SERVE AS THE CHAIR OF SUCH COMMITTEE. THE COMMITTEE SHALL INCLUDE
THIRTEEN ADDITIONAL REPRESENTATIVES, AS FOLLOWS:
(I) THE COMMISSIONER OF EDUCATION OR THEIR REPRESENTATIVE;
(II) ONE REPRESENTATIVE APPOINTED BY THE GOVERNOR;
(III) ONE REPRESENTATIVE APPOINTED BY THE PUBLIC SERVICE COMMISSION;
(IV) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF TRANSPORTATION;
(V) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF MOTOR VEHICLES;
(VI) ONE REPRESENTATIVE APPOINTED BY THE EMPIRE STATE DEVELOPMENT
CORPORATION;
(VII) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF LABOR;
(VIII) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION;
(IX) ONE REPRESENTATIVE APPOINTED BY THE OFFICE OF THE STATE COMP-
TROLLER;
(X) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF STATE;
(XI) ONE REPRESENTATIVE APPOINTED BY THE OFFICE OF GENERAL SERVICES;
(XII) ONE REPRESENTATIVE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE; AND
(XIII) ONE REPRESENTATIVE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
(B) THE COMMITTEE MAY REQUIRE THAT ANY OTHER STATE ENTITIES PROVIDE A
REPRESENTATIVE TO ATTEND COMMITTEE MEETINGS AND PUBLIC HEARINGS, AND
ASSIST THE COMMITTEE IN FULFILLING ITS DUTIES, AS NEEDED.
(C) COMMITTEE MEMBERS SHALL SERVE WITHOUT SALARY, PROVIDED, HOWEVER,
THE MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF SUCH MEMBERS' OFFICIAL DUTIES AS A MEMBER
OF THE COMMITTEE.
3. POWERS AND DUTIES. (A) THE TECHNICAL SUPPORT AND GUIDANCE PROVIDED
BY THE COMMITTEE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
TOPICS:
(I) SCHOOL DISTRICT BUDGETING AND OTHER RELATED FISCAL ISSUES, INCLUD-
ING LIMITATIONS UPON SCHOOL DISTRICT TAX LEVIES PURSUANT TO SECTION TWO
THOUSAND TWENTY-THREE-A OF THIS CHAPTER;
(II) ISSUES WITH OBTAINING VOTER APPROVAL FOR SCHOOL TAXES AND SCHOOL
BONDS PURSUANT TO SECTION FOUR HUNDRED SIXTEEN OF THIS CHAPTER FOR CAPI-
TAL PROJECTS ASSOCIATED WITH ELECTRIC SCHOOL BUSES;
(III) ADEQUACY AND EXPANSION OF SCHOOL DISTRICT GRID INFRASTRUCTURE;
S. 8306--B 33
(IV) THE AVAILABILITY OF STATE AND FEDERAL FUNDS TO SUPPORT SCHOOL
DISTRICTS IN IMPLEMENTING THE ZERO-EMISSION SCHOOL BUS REQUIREMENTS;
(V) THE LONGEVITY AND RELIABILITY OF ELECTRIC SCHOOL BUSES; AND
(VI) ELECTRIC SCHOOL BUS WORKFORCE DEVELOPMENT INCLUDING, BUT NOT
LIMITED TO, MECHANICS.
(B) THE COMMITTEE SHALL MEET AS NEEDED PROVIDED, HOWEVER, THAT THE
COMMITTEE SHALL MEET AT LEAST QUARTERLY.
(C) THE COMMITTEE MAY HOLD PUBLIC HEARINGS, AS THE COMMITTEE DEEMS
NECESSARY, TO SOLICIT COMMENT AND RECOMMENDATIONS FROM INTERESTED STAKE-
HOLDERS INCLUDING, BUT NOT LIMITED TO, THE NEW YORK ASSOCIATION FOR
PUPIL TRANSPORTATION, THE NEW YORK SCHOOL BUS CONTRACTORS ASSOCIATION,
THE NEW YORK STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE COUNCIL
OF SCHOOL SUPERINTENDENTS, THE ASSOCIATION OF SCHOOL BUSINESS OFFICIALS,
AND THE RURAL SCHOOLS ASSOCIATION OF NEW YORK.
(D) THE COMMITTEE SHALL ADVISE THE STATE EDUCATION DEPARTMENT ON
CONDITIONS AND CRITERIA FOR GRANTING WAIVERS, PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS
PART AND FOR GRANTING EXTENSIONS, PURSUANT TO SUBDIVISION FOUR OF
SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART.
4. REPORTING. THE COMMITTEE SHALL ISSUE A REPORT TO THE GOVERNOR AND
THE LEGISLATURE WITHIN ONE YEAR OF CONDUCTING ITS FIRST COMMITTEE MEET-
ING, AND ANNUALLY THEREAFTER, REGARDING BARRIERS SCHOOL DISTRICTS ARE
FACING IN IMPLEMENTING THE REQUIREMENTS FOR ZERO-EMISSION SCHOOL BUSES
AS PRESCRIBED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART,
THE STEPS EACH MEMBER'S STATE ENTITY TO WHICH THEY ARE A REPRESENTATIVE
OF IS TAKING TO MITIGATE SUCH BARRIERS THROUGH TECHNICAL SUPPORT AND
GUIDANCE, AND THE BARRIERS THAT CONTINUE TO PERSIST DESPITE SUCH TECHNI-
CAL ASSISTANCE AND GUIDANCE. THE STATE EDUCATION DEPARTMENT SHALL MAKE
SUCH REPORTS PUBLICLY AVAILABLE ON ITS WEBSITE.
§ 15. Subdivision 1 of section 3635-b of the education law, as amended
by chapter 536 of the laws of 2002, is amended to read as follows:
1. This section shall apply where the board of education or trustees
of a common, central, central high school, AND union free school
district[, or city school district of a city with less than one hundred
twenty-five thousand inhabitants] adopts a resolution to make transpor-
tation in child safety zones available to resident pupils for a partic-
ular school year. Such resolution shall continue in effect for subse-
quent school years until the board adopts a resolution providing
otherwise.
§ 16. 1. The commissioner of education is hereby authorized and
directed to conduct a study on the efficacy, adequacy, and equity of the
foundation aid formula and to make recommendations on potential modifi-
cations to improve such formula. The scope of such study shall include,
but shall not be limited to:
(a) the current actual cost of providing all students in the state
with a meaningful opportunity for a sound basic education;
(b) appropriate measures of student and district poverty, including
the appropriateness of the pupil needs index;
(c) appropriate considerations for students with disabilities, English
language learners, and other students with significant needs;
(d) appropriate measures of district wealth;
(e) efficacy of the local tax effort test; and
(f) appropriate measures of regional costs.
2. The education department shall report its findings, including any
recommendations for legislative action as it may deem necessary and
appropriate, to the governor, the temporary president of the senate, and
S. 8306--B 34
the speaker of the assembly no later than one year after the effective
date of this act.
§ 17. Subdivision 3 of section 711 of the education law, as amended by
section 7 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
3. No school district shall be required to purchase or otherwise
acquire school library materials, the cost of which shall exceed an
amount equal to the library materials factor multiplied by the sum of
the public school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six hundred two of this
chapter. For aid payable in the nineteen hundred ninety-eight--nineteen
hundred ninety-nine school year, the library materials factor shall be
four dollars. For aid payable in the two thousand seven--two thousand
eight school year and thereafter, the library materials factor shall be
six dollars and twenty-five cents. FOR AID PAYABLE IN THE TWO THOUSAND
TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, THE LIBRARY MATERIALS
FACTOR SHALL BE ELEVEN DOLLARS, AND THE LIBRARY MATERIALS FACTOR SHALL
BE ADJUSTED ANNUALLY TO REFLECT THE PERCENTAGE INCREASE IN THE CONSUMER
PRICE INDEX AS DEFINED BY PARAGRAPH HH OF SUBDIVISION ONE OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
§ 18. The education law is amended by adding a new section 115 to read
as follows:
§ 115. UNDERREPRESENTED EDUCATORS CONVENTION. 1. FOR PURPOSES OF THIS
SECTION, "UNDERREPRESENTED EDUCATORS" SHALL MEAN TEACHERS OR ADMINISTRA-
TORS WHO CURRENTLY PARTICIPATE OR PREVIOUSLY PARTICIPATED IN A SCHOOL
DISTRICT OR POST-SECONDARY PARTNERSHIP AS PART OF A GROW YOUR OWN INITI-
ATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS PROGRAM, HIGHER
EDUCATION OPPORTUNITY PROGRAM, EDUCATION OPPORTUNITY PROGRAM, OR ANY
OTHER SIMILAR PROGRAM OR INITIATIVE.
2. (A) THE COMMISSIONER SHALL ANNUALLY CONVENE A STATEWIDE CONVENTION
TO BRING TOGETHER UNDERREPRESENTED EDUCATORS TO DISCUSS EXPERIENCES,
BEST PRACTICES, AND AFFORD FOR NETWORKING, MENTORSHIP OPPORTUNITIES, AND
SUPPORT. SUCH CONVENTION SHALL OCCUR AT A TIME AND LOCATION CHOSEN BY
THE COMMISSIONER.
(B) THE COMMISSIONER SHALL ALSO PROVIDE FOR AT LEAST FIVE REGIONAL
CONVENTIONS ANNUALLY TO BRING TOGETHER UNDERREPRESENTED EDUCATORS WITHIN
EACH GEOGRAPHIC REGION OF THE STATE TO DISCUSS EXPERIENCES, BEST PRAC-
TICES, AND AFFORD FOR NETWORKING, MENTORSHIP OPPORTUNITIES, AND SUPPORT.
SUCH CONVENTIONS SHALL OCCUR AT A TIME AND LOCATION CHOSEN BY THE
COMMISSIONER.
§ 19. The education law is amended by adding a new section 249-b to
read as follows:
§ 249-B. DOLLY PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK. 1. FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
A. "PROGRAM" SHALL MEAN THE STATEWIDE IMAGINATION LIBRARY PROGRAM,
DOLLY PARTON'S IMAGINATION LIBRARY OF NEW YORK;
B. "FUND" SHALL MEAN THE IMAGINATION LIBRARY OF NEW YORK FUND ESTAB-
LISHED BY SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE LAW; AND
C. "QUALIFIED LOCAL ENTITY" SHALL MEAN ANY EXISTING OR NEW LOCAL DOLLY
PARTON'S IMAGINATION LIBRARY AFFILIATE.
2. THERE IS HEREBY ESTABLISHED UNDER THE ADMINISTRATION OF THE STATE
LIBRARIAN A DOLLY PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK FOR
PURPOSES OF DEVELOPING, IMPLEMENTING, PROMOTING, AND FOSTERING A COMPRE-
S. 8306--B 35
HENSIVE STATEWIDE INITIATIVE FOR ENCOURAGING CHILDREN FROM BIRTH TO FIVE
YEARS OF AGE TO DEVELOP A LOVE OF READING AND LEARNING.
3. A. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE STATE LIBRAR-
IAN SHALL ALLOCATE MONEYS AS GRANTS TO PROVIDE AGE-APPROPRIATE BOOKS ON
A MONTHLY BASIS, AT HOME, TO EACH CHILD REGISTERED IN THE PROGRAM, FROM
BIRTH TO THEIR FIFTH BIRTHDAY AT NO COST TO FAMILIES, THROUGH DOLLY
PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK.
B. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE STATE LIBRARIAN
SHALL ALLOCATE MONEYS FROM THE FUND AS GRANTS TO QUALIFIED LOCAL ENTI-
TIES THAT AGREE TO A DOLLAR-FOR-DOLLAR MATCH FOR PURPOSES OF THE
PROGRAM.
C. NOTWITHSTANDING PARAGRAPH B OF THIS SUBDIVISION, THE STATE LIBRAR-
IAN MAY WAIVE THE DOLLAR-FOR-DOLLAR MATCH REQUIREMENT FOR A QUALIFIED
LOCAL ENTITY ON A CASE-BY-CASE BASIS TO PREVENT UNDUE FINANCIAL HARD-
SHIP.
4. THE STATE LIBRARIAN SHALL COORDINATE WITH A NONPROFIT ENTITY, QUAL-
IFIED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, AND ORGAN-
IZED SOLELY TO PROMOTE AND ENCOURAGE READING BY THE CHILDREN OF THE
STATE, FOR THE PURPOSE OF IMPLEMENTING THIS SECTION.
5. THE STATE LIBRARIAN SHALL PROVIDE OVERSIGHT AND MANAGE THE DAILY
OPERATIONS OF THE PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. PROMOTING THE STATEWIDE DEVELOPMENT OF LOCAL DOLLY PARTON'S IMAG-
INATION LIBRARY PROGRAMS;
B. ADVANCING AND STRENGTHENING LOCAL DOLLY PARTON'S IMAGINATION
LIBRARY PROGRAMS WITH THE GOAL OF INCREASING ENROLLMENT;
C. RECRUITING VOLUNTEERS TO ASSIST IN THE DEVELOPMENT, PROMOTION, AND
COORDINATION OF LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS;
D. SOLICITING DONATIONS, GIFTS, AND OTHER FUNDING TO FINANCIALLY
SUPPORT LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS;
E. DEVELOPING COMMUNITY ENGAGEMENT;
F. DEVELOPING, PROMOTING, AND COORDINATING A PUBLIC AWARENESS CAMPAIGN
TO MAKE DONORS AWARE OF THE OPPORTUNITY TO DONATE TO THE AFFILIATE
PROGRAMS AND MAKE THE PUBLIC AWARE OF THE OPPORTUNITY TO REGISTER ELIGI-
BLE CHILDREN TO RECEIVE BOOKS THROUGH THE PROGRAM;
G. ADMINISTERING THE LOCAL MATCH REQUIREMENT AND COORDINATE THE
COLLECTION AND REMITTANCE OF LOCAL PROGRAM COSTS FOR BOOKS AND MAILING;
H. DEVELOPING STATEWIDE MARKETING AND COMMUNICATION PLANS; AND
I. ESTABLISHING, IN PARTNERSHIP WITH THE DEPARTMENT, A SYSTEM FOR
PARENT AND COMMUNITY FEEDBACK TO SHOW IMPACT AND EFFECTIVENESS OF THE
PROGRAM.
6. ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-NINE, AND ANNUALLY
THEREAFTER, THE STATE LIBRARIAN SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. THE DEPOSITS MADE TO, AND EXPENDITURES MADE FROM THE FUND;
B. WHETHER ANY LOCAL MATCH REQUIREMENTS WERE WAIVED;
C. THE NUMBER OF LOCAL PROGRAMS THAT EXIST, THEIR LOCATION, AND WHICH
ENTITY OR ORGANIZATION SERVES AS THE LOCAL PARTNER; AND
D. THE NUMBER OF CHILDREN THAT ARE ENROLLED AND THE NUMBER OF BOOKS
THAT HAVE BEEN SENT TO SUCH ENROLLED CHILDREN.
7. THE REGENTS MAY PROMULGATE REGULATIONS AS MAY BE NEEDED FOR THE
ADMINISTRATION OF THE PROGRAM.
§ 20. The state finance law is amended by adding a new section
97-bbbbb to read as follows:
§ 97-BBBBB. IMAGINATION LIBRARY OF NEW YORK FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
S. 8306--B 36
COMMISSIONER OF EDUCATION AN ACCOUNT OF THE MISCELLANEOUS SPECIAL REVEN-
UE ACCOUNT TO BE KNOWN AS THE "IMAGINATION LIBRARY OF NEW YORK FUND".
2. MONEYS IN THIS FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF EDUCATION.
3. THE IMAGINATION LIBRARY OF NEW YORK FUND SHALL CONSIST OF MONEYS
APPROPRIATED FOR THE PURPOSE OF SUCH ACCOUNT, MONEYS TRANSFERRED TO SUCH
ACCOUNT PURSUANT TO LAW, CONTRIBUTIONS CONSISTING OF PROMISES OR GRANTS
OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE, OR ANY OTHER THING OF
VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY OF
GOVERNMENT AND MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY
OTHER LAW TO BE PAID INTO OR CREDITED TO THIS ACCOUNT.
4. MONEYS OF THE IMAGINATION LIBRARY OF NEW YORK FUND, WHEN ALLOCATED,
SHALL BE AVAILABLE, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDG-
ET, TO PROVIDE AGE-APPROPRIATE BOOKS ON A MONTHLY BASIS, AT HOME, TO
EACH CHILD REGISTERED IN THE PROGRAM, FROM BIRTH TO THEIR FIFTH BIRTHDAY
AT NO COST TO FAMILIES, THROUGH DOLLY PARTON'S IMAGINATION LIBRARY.
§ 21. Section 3627 of the education law, as amended by section 7 of
part A of chapter 56 of the laws of 2014, subdivision 4 as amended by
section 18-a of part A of chapter 56 of the laws of 2023, is amended to
read as follows:
§ 3627. Transportation after 4pm FOR A CITY SCHOOL DISTRICT LOCATED IN
A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. Notwithstanding
any other provisions of this [section] SUBDIVISION to the contrary, for
the two thousand thirteen--two thousand fourteen and two thousand four-
teen--two thousand fifteen school year and thereafter, a city school
district located in a city having a population of one million or more
providing transportation pursuant to this chapter shall be responsible
for:
(a) providing transportation for those children attending public and
nonpublic schools in grades kindergarten through six who remain at the
same school for which they are enrolled for regularly scheduled academic
classes from half-past nine o'clock in the morning or earlier until four
o'clock in the afternoon or later, on weekdays, and reside at least one
mile from their school of attendance for grades three through six, and
at least one-half mile from their school of attendance for grades
kindergarten through two; or
(b) reimbursing the cost incurred by licensed transportation carriers
pursuant to contracts with such school district for providing transpor-
tation for those children attending public and nonpublic schools in
grades kindergarten through six who remain at the same school for which
they are enrolled for regularly scheduled academic classes from half-
past nine o'clock in the morning or earlier until four o'clock in the
afternoon or later, on weekdays, and reside at least one mile from their
school of attendance for grades three through six, and at least one-half
mile from their school of attendance for grades kindergarten through
two.
2. Nothing herein shall prohibit the school district from reimbursing
for costs incurred for contracts between the school district and any
entity providing or contracting for such transportation service.
3. A district shall not be deemed to have satisfied its obligation
under this section by providing public service transportation.
4. (A) Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section [in]
SHALL BE EQUAL TO:
S. 8306--B 37
(I) FOR 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 considered approved transportation expenses eligible for trans-
portation aid, provided further that for the two thousand thirteen--two
thousand fourteen 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],
(II) for the two thousand fifteen--two thousand sixteen school year
through two thousand eighteen--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], (III) 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], (IV) 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],
(V) for the two thousand twenty-two--two thousand twenty-three school
year such aid shall be limited to the sum of twenty-two million three
hundred fifty thousand dollars plus the base amount [and], (VI) for the
two thousand twenty-three--two thousand twenty-four school year [and
thereafter] such aid shall be limited to the sum of twenty-four million
eight hundred fifty thousand dollars plus the base amount, AND (VII) FOR
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND
THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF TWENTY-NINE MILLION
EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT.
(B) 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 thousand thirteen school year
for transportation that would have been eligible 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.
5. Notwithstanding any other provision of this section to the contra-
ry, in no event shall such city school district, in order to comply with
the requirements of this section, be required to incur any costs in
excess of the amount eligible for transportation aid pursuant to subdi-
vision four of this section. In the event such amount is insufficient,
the city school district of New York shall provide transportation
services within such amount on an equitable basis, until such apportion-
ment is exhausted.
6. The chancellor of such school district, in consultation with the
commissioner, shall prescribe the most cost effective system for imple-
menting the requirements of this section, taking into consideration: (a)
the costs associated with paragraphs (a) and (b) of subdivision one of
this section, and (b) policies that attempt to maximize student safety
for the student to be transported, which for purposes of this section
shall include whether the pick up or drop off site of the transportation
is:
(i) not further than 600 feet from the student's residence; and/or
(ii) at the same locations for any family that have children at the
same residence who attend two or more different schools.
S. 8306--B 38
7. (a) In the event the chancellor has not satisfied a district's
obligation under this section, a parent or guardian or any represen-
tative authorized by such parent or guardian of a child eligible to
receive transportation under this section may request the commissioner
to arrange for the provision of the transportation to so satisfy the
requirements of this section.
(b) If within sixty days of receiving a request from such a parent or
guardian or any representative authorized by such parent or guardian,
the commissioner determines that the chancellor has not satisfied a
district's obligation under this section, then the commissioner shall
immediately direct the chancellor to contract with a licensed transpor-
tation carrier to provide the transportation required pursuant to this
section.
(c) In the event the chancellor is directed by the commissioner to
contract with a licensed transportation carrier to provide the transpor-
tation required pursuant to this section, the chancellor shall provide
the commissioner with a copy of such proposed contract, before it
becomes effective, and the commissioner shall have the power to approve,
disapprove or require amendments to such contract before it shall become
effective.
(d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.
8. The parent or guardian, or any representative authorized by such
parent or guardian, may submit a written request for transportation
under this section, in the same manner and upon the same dates as are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.
§ 22. 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 paragraph (x) is
added to read as follows:
(ix) for the two thousand twenty-two--two thousand twenty-three AND
THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school [year and
thereafter] YEARS, each school district shall be eligible to receive a
grant amount equal to the sum of (A) the amount set forth for such
school district as "UNIVERSAL 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-
S. 8306--B 39
tures incurred by the school district in the current school year as
approved by the commissioner[.], AND
(X) FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
GRANT AMOUNT EQUAL TO THE SUM OF (A) THE GREATER OF THE AMOUNT PROVIDED
UNDER SUBPARAGRAPH (IX) OF THIS PARAGRAPH OR THE PRODUCT OF (1) THE SUM
OF ELIGIBLE 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 ELIGIBLE FULL-DAY THREE-YEAR-OLD PREKINDERGARTEN
PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION, PLUS ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN
PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (III) OF
PARAGRAPH B OF THIS SUBDIVISION, PLUS ELIGIBLE FULL-DAY FOUR-YEAR-OLD
PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (II) OF
PARAGRAPH B OF THIS SUBDIVISION, MULTIPLIED BY (2) SIX THOUSAND SEVEN
HUNDRED DOLLARS ($6,700), PLUS (B) FUNDS ALLOCATED PURSUANT TO A
UNIVERSAL PREKINDERGARTEN EXPANSION UNDER SUBDIVISION TWENTY OF THIS
SECTION AS OF THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER 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 ELIGI-
BLE 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 EXPENDITURES INCURRED BY THE SCHOOL DISTRICT IN THE CURRENT
SCHOOL YEAR AS APPROVED BY THE COMMISSIONER.
§ 23. Subparagraph (i) of paragraph b of subdivision 10 of section
3602-e of the education law, as amended by section 23-c of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
(i) "Selected aid per prekindergarten pupil" shall equal the greater
of (A) the product of five-tenths and the school district's selected
foundation aid for the current year, or (B) THREE THOUSAND THREE HUNDRED
FIFTY DOLLARS ($3,350) OR (C) the aid per prekindergarten pupil calcu-
lated pursuant to this subdivision for the two thousand six-two thousand
seven school year, based on data on file for the school aid computer
listing produced by the commissioner in support of the enacted budget
for the two thousand six--two thousand seven school year and entitled
"SA060-7"[; provided, however, that in the two thousand eight--two thou-
sand nine school year, a city school district in a city having a popu-
lation of one million inhabitants or more shall not be eligible to
select aid per prekindergarten pupil pursuant to clause (A) of this
subparagraph];
§ 24. Subdivision 20 of section 3602-e of the education law is amended
by adding a new paragraph c to read as follows:
C. TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR.
(I) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE UNIVERSAL PREKINDER-
GARTEN EXPANSION FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
FIVE SCHOOL YEAR SHALL BE EQUAL TO THE AMOUNTS SET FORTH FOR EACH SCHOOL
DISTRICT AS "24-25 UPK EXPANSION" IN THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET REQUEST
FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR
AND ENTITLED "SA242-5." THESE AMOUNTS ARE CALCULATED AS TWICE THE PROD-
UCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDER-
GARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH B OF
S. 8306--B 40
SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE 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) UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARA-
GRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2)
THE SUM OF FOUR-YEAR-OLD ALLOCATED SEATS DEFINED BELOW.
(III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD ALLOCATED SEATS"
SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF ELIGIBLE FULL-DAY FOUR-
YEAR-OLD PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN THIS AS
DEFINED IN SUBDIVISION TEN OF THIS SECTION PLUS THE PRODUCT OF SEVENTY-
EIGHT THOUSAND FOUR HUNDRED AND SIXTY-EIGHT HUNDRED THOUSANDTHS
(0.78468) MULTIPLIED BY THE NUMBER OF ELIGIBLE HALF-DAY FOUR-YEAR-OLD
PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN SUBDIVISION TEN OF
THIS SECTION IN THE BASE YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD
STUDENTS THAT MAY BE 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 TO A SCHOOL
DISTRICT PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR, PLUS (3) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED
IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET
THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR
GRANTS AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO,
TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE, OR TWO THOUSAND
TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
§ 25. 1. The commissioner of education is hereby authorized and
directed to conduct a study on the consolidation of all of the prekin-
dergarten funding streams and to make recommendations on potential
modifications to streamline the universal prekindergarten funding proc-
ess and programmatic implementation. The scope of such study shall
include, but shall not be limited to:
(a) barriers to consolidation, including discrepancies in funding
streams, oversight, and administration;
(b) programmatic differences and methods of alignment;
(c) differences in payment schedules; and
(d) any other fiscal and policy implications the commissioner deems
relevant.
2. The education department shall report its findings, including any
recommendations for legislative action as it may deem necessary and
appropriate, to the governor, the temporary president of the senate, and
the speaker of the assembly no later than December 1, 2024.
§ 26. 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.
§ 27. This act shall take effect immediately; provided, however that:
S. 8306--B 41
1. sections one, nine, ten and fifteen of this act shall take effect
July 1, 2024;
2. section fourteen of this act shall expire and be deemed repealed
June 30, 2036, or until the end of one-time extensions authorized under
subdivision 4 of section 3638 of the education law, whichever is later.
The commissioner of education shall notify the legislative bill drafting
commission upon the end of the one-time extensions authorized pursuant
to subdivision 4 of section 3638 of the education law 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;
3. section sixteen of this act shall expire and be deemed repealed
eighteen months after such effective date; and
4. section twenty-five of this act shall expire and be deemed repealed
April 1, 2025.
PART B
Section 1. The education law is amended by adding a new section 818 to
read as follows:
§ 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
(A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER
SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
THE TEACHING OF READING TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE
THREE. INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL
BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE-
TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP-
MENT, READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE,
ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE
CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK. SUCH INSTRUCTIONAL
BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE
APPROPRIATE.
(B) ALL SCHOOL DISTRICTS IN THE STATE SHALL ANNUALLY REVIEW THEIR
CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING FOR
STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY
ALIGN WITH THE READING INSTRUCTIONAL BEST PRACTICES ISSUED BY THE
COMMISSIONER, AND THAT ALL EARLY READING INSTRUCTIONAL PRACTICES AND
INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT
READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
AND CULTURAL IDENTITIES; ENGAGES STUDENTS WITH RIGOROUS, SUPPORTIVE
INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
ENCE; ELEVATES HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS
AS AGENTS OF SOCIAL CHANGE.
(B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN INTERDISCIPLI-
NARY BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND
COMPETENCIES DEVELOP FROM PREKINDERGARTEN THROUGH SECONDARY EDUCATION
AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
(C) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
(D) "COMPREHENSION" MEANS A FUNCTION OF WORD RECOGNITION SKILLS AND
LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK-
S. 8306--B 42
GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
IN FRONT OF THEM. IT ALSO INCLUDES THE ACTIVE PROCESS THAT REQUIRES
INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
EXPLICITLY BY DEMONSTRATING, EXPLAINING, MODELING AND IMPLEMENTING
SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS DERIVE MEANING
THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
(E) "READING FLUENCY" MEANS THE ABILITY TO READ WORDS, PHRASES, AND
SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
(F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS
AND INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
SPEAKING, READING, AND WRITING, WHICH IS DIRECTLY RELATED TO SCHOOL
ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS IN
THE STATE SHALL CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
INSTRUCTIONAL STRATEGIES AND TEACHER PROFESSIONAL DEVELOPMENT IN THE
SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
OF THE ELEMENTS OF THE INSTRUCTIONAL BEST PRACTICES ISSUED BY THE
COMMISSIONER PURSUANT TO THIS SECTION.
4. WITHIN SIX MONTHS OF CERTIFICATION TO THE COMMISSIONER, SCHOOL
DISTRICTS SHALL OUTLINE THE IMPLEMENTATION OF THIS SECTION TO THE COMMU-
NITY THROUGH INFORMATIONAL SESSIONS, AT SCHOOL BOARD MEETINGS, AND
PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE.
§ 2. This act shall take effect immediately.
PART C
Section 1. The education law is amended by adding a new section 665-b
to read as follows:
§ 665-B. UNIVERSAL FINANCIAL AID POLICY. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "FAFSA" SHALL MEAN THE FREE APPLICATION FOR FEDERAL STUDENT AID.
(B) "INCOME" SHALL MEAN THE ADJUSTED GROSS INCOME USED TO DETERMINE
THE AMOUNT OF FEDERAL PELL GRANT PAID BY THE SECRETARY OF EDUCATION
UNDER 20 U.S.C. § 1070A OR INCOME USED TO DETERMINE STATE FUNDED AWARDS
PURSUANT TO SECTION SIX HUNDRED SIXTY-THREE OF THIS SUBPART.
(C) "LEVEL OF PARENTAL EDUCATION" SHALL REFER TO WHETHER OR NOT A
STUDENT'S PARENTS OBTAINED A DOCTORATE OR PROFESSIONAL DEGREE, GRADUATE
DEGREE, BACHELOR'S DEGREE, ASSOCIATE DEGREE, HIGH SCHOOL DIPLOMA, ALTER-
NATIVE HIGH SCHOOL CREDENTIAL, OR ATTENDED HIGH SCHOOL BUT DID NOT
RECEIVE ANY KIND OF DIPLOMA OR CREDENTIAL, PROVIDED THAT THE PRESIDENT
SHALL RETAIN THE DISCRETION TO INCLUDE ADDITIONAL CATEGORIES AS DEEMED
APPROPRIATE.
(D) "LOCAL EDUCATIONAL AGENCY" SHALL MEAN A PUBLIC SCHOOL DISTRICT,
CHARTER SCHOOL, OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS THROUGH THE
TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOU-
SAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDEN-
TIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING
PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF
THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPERATED OR STATE-
SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE, EIGHTY-SEVEN
OR EIGHTY-EIGHT OF THIS CHAPTER.
(E) "SENATOR JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION" OR
"NYS DREAM ACT APPLICATION" SHALL MEAN AN APPLICATION FOR ANY STATE
S. 8306--B 43
FUNDED FINANCIAL AID AWARD, SUCH AS TAP AND THE EXCELSIOR SCHOLARSHIP,
MADE AVAILABLE THROUGH THE APPLICATION PROCESS FOR INDIVIDUALS MEETING
THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS SUBPART.
(F) "SCHOOL" SHALL MEAN AN INDIVIDUAL SCHOOL WITHIN A PUBLIC SCHOOL
DISTRICT OR A CHARTER SCHOOL OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS
THROUGH THE TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION
FOUR THOUSAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-
RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
INCLUDING PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT HUNDRED
FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPER-
ATED OR STATE-SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE,
EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER.
(G) "STUDENT AID INDEX" SHALL MEAN A CALCULATION BY A COLLEGE OF HOW
MUCH FEDERAL STUDENT AID AN APPLICANT IS ELIGIBLE TO RECEIVE IF THEY
ATTEND SUCH COLLEGE.
(H) "TAP" SHALL REFER TO THE TUITION ASSISTANCE PROGRAM AWARDS CREATED
IN SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART.
(I) "UNACCOMPANIED YOUTH" SHALL HAVE THE SAME MEANING AS SET FORTH IN
42 U.S.C. § 11434A(6).
2. UNIVERSAL FINANCIAL AID POLICY. EACH LOCAL EDUCATIONAL AGENCY IN
THIS STATE SHALL REQUIRE EACH HIGH SCHOOL SENIOR OR EACH HIGH SCHOOL
SENIOR AND SUCH SENIOR'S PARENT OR LEGAL GUARDIAN, AS APPLICABLE, TO
COMPLETE THE FAFSA, NYS DREAM ACT APPLICATION, OR A WAIVER FORM
DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION BEFORE A STUDENT'S DATE OF
GRADUATION, PROVIDED, HOWEVER, THAT A STUDENT SHALL NOT BE PREVENTED
FROM GRADUATING IF SUCH STUDENT DOES NOT COMPLETE ONE OF THE FORMS OR
APPLICATIONS DESCRIBED HEREIN.
3. DATA SHARING AGREEMENTS. (A) IN ENABLING LOCAL EDUCATIONAL AGENCIES
TO COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE
CORPORATION SHALL ENTER INTO DATA SHARING AGREEMENTS WITH SUCH AGENCIES
WHICH SHALL COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH DATA
SHALL CONSIST OF A LIST OF HIGH SCHOOL SENIORS FOR WHICH THE FAFSA OR A
NYS DREAM ACT APPLICATION HAS BEEN SUBMITTED AND/OR ACCEPTED, AS
DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION. SUCH DATA SHARING
AGREEMENTS SHALL, AT A MINIMUM, STIPULATE THAT:
(I) ALL INFORMATION RECEIVED OR ACCESSED BY THE LOCAL EDUCATIONAL
AGENCY SHALL BE DEEMED CONFIDENTIAL AND PROPRIETARY TO THE CORPORATION.
ALL SUCH INFORMATION MAY NOT BE USED FOR ANY PURPOSE OTHER THAN TO
ASSIST SUCH AGENCIES IN COMPLYING WITH SUBDIVISION TWO OF THIS SECTION.
(II) THE LOCAL EDUCATIONAL AGENCY AND CORPORATION SHALL BE BOUND BY
THE PROVISIONS OF ARTICLE TWO OF THE STATE TECHNOLOGY LAW, THE FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT OF 2001 (20 U.S.C. § 1232G); SUBPARA-
GRAPH (E) OF PARAGRAPH (3) OF SUBDIVISION (A) OF SECTION 483 OF THE
FEDERAL HIGHER EDUCATION ACT, 20 U.S.C. § 1090(A)(3)(E), SECTION TWO-D
OF THIS CHAPTER, AND OTHER APPLICABLE LOCAL, STATE, AND FEDERAL STATUTES
WHICH PROTECT THE PRIVACY OF STUDENT DATA.
(III) INFORMATION RECEIVED FROM THE CORPORATION SHALL BE STORED ELEC-
TRONICALLY AND ENCRYPTED, PASSWORD-PROTECTED, STORED ON A LAPTOP OR
COMPUTER WITH A SCREEN-LOCK, AND SUBJECT TO ANY OTHER PRECAUTIONS THAT
THE CORPORATION FEELS NECESSARY TO STIPULATE IN ORDER TO ENSURE THAT THE
INFORMATION IS STORED SECURELY.
(IV) THE LOCAL EDUCATIONAL AGENCY SHALL DESIGNATE A SINGULAR CHIEF
AUTHORIZING OFFICER WHO SHALL BE RESPONSIBLE FOR IDENTIFYING AND AUTHOR-
IZING THE PERSONNEL WHO WILL HAVE ACCESS TO THE STUDENT DATA DESCRIBED
S. 8306--B 44
HEREIN. SUCH AUTHORIZATION SHALL BE LIMITED TO ONLY THOSE PERSONNEL WHO
REQUIRE SUCH ACCESS IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SECTION
AND SUCH PERSONNEL SHALL HAVE SUCH ACCESS REVOKED UPON A DETERMINATION
BY THE OFFICER THAT SUCH ACCESS IS NO LONGER NEEDED.
(V) ALL RECORDS MAINTAINED BY THE LOCAL EDUCATIONAL AGENCY CONTAINING
THE INFORMATION DESCRIBED IN THIS PARAGRAPH SHALL BE SUBJECT TO AUDIT
AND INSPECTION BY THE CORPORATION AND STATE AND FEDERAL AUDITORS.
(B) THE LIST OF STUDENTS WHO HAVE COMPLETED A FAFSA OR NYS DREAM ACT
APPLICATION SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE STUDENT'S LAST NAME;
(II) THE STUDENT'S FIRST NAME AND MIDDLE INITIAL;
(III) THE STUDENT'S ZIP CODE, BUT NOT FULL ADDRESS;
(IV) THE SCHOOL'S IDENTIFICATION NUMBER FOR THE NATIONAL CENTER FOR
EDUCATION STATISTICS AS WELL AS ANY OTHER NUMBER THAT THE DEPARTMENT
USES TO IDENTIFY A SCHOOL;
(V) IF FILED, THE DATE THAT THE FAFSA OR NYS DREAM ACT APPLICATION WAS
SUBMITTED TO THE CORPORATION; AND
(VI) IF SUBMITTED, THE DATE THAT THE FAFSA OR NYS DREAM ACT APPLICA-
TION WAS ACCEPTED.
(C) THE PRESIDENT SHALL PUBLISH ONLINE IN A CLEAR AND ACCESSIBLE
MANNER AN UNFILLED VERSION OF THE DATA SHARING AGREEMENT DESCRIBED IN
THIS SUBDIVISION.
4. WAIVER FORM. (A) THE LOCAL EDUCATIONAL AGENCY SHALL ENSURE THAT
EACH HIGH SCHOOL SENIOR WHO DOES NOT COMPLETE A FAFSA OR NYS DREAM ACT
APPLICATION SUBMITS THE WAIVER FORM DESCRIBED IN THIS SUBDIVISION. SUCH
FORM SHALL BE SIGNED BY BOTH THE SENIOR AND THE SENIOR'S PARENT OR LEGAL
GUARDIAN, OR, IF THE SENIOR IS EIGHTEEN YEARS OF AGE OR OLDER AND LEGAL-
LY EMANCIPATED OR AN UNACCOMPANIED YOUTH, SIGNED SOLELY BY THE SENIOR,
AND SHALL CERTIFY THAT THE SENIOR UNDERSTANDS WHAT THE FAFSA AND NYS
DREAM ACT APPLICATION IS BUT HAS CHOSEN NOT TO FILE. SUCH SENIOR, OR
SENIOR'S PARENTS AS APPLICABLE, SHALL NOT BE REQUIRED TO STATE THE
REASON FOR THE FAILURE TO FILE SUCH FAFSA OR NYS DREAM ACT APPLICATION.
(B) THE COMMISSIONER SHALL CREATE A UNIFORM WAIVER FORM, AVAILABLE TO
ALL LOCAL EDUCATIONAL AGENCIES COVERED IN THIS SECTION, AND POST SUCH
FORM IN A PROMINENT AND ACCESSIBLE LOCATION ON THE DEPARTMENT'S WEBSITE.
SUCH FORM SHALL BE MADE AVAILABLE IN THE TWELVE MOST COMMON NON-ENGLISH
LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE,
BASED ON THE DATA IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED
BY THE UNITED STATES CENSUS BUREAU. THE COMMISSIONER MAY, IN THEIR
DISCRETION, OFFER SUCH FORM IN UP TO FOUR ADDITIONAL LANGUAGES BEYOND
THE TWELVE MOST COMMON LANGUAGES. SCHOOL DISTRICTS SHALL BE REQUIRED TO
USE THE WAIVER FORM DESCRIBED IN THIS PARAGRAPH WHEN COMPLYING WITH THE
PROVISIONS OF THIS SECTION AND SHALL NOT BE PERMITTED TO CREATE THEIR
OWN VERSIONS OF SUCH FORM.
(C) IF THE LOCAL EDUCATIONAL AGENCY DETERMINES THAT A STUDENT IS
UNABLE TO COMPLETE A REQUIREMENT OF THIS SECTION IN EXTREME CIRCUM-
STANCES WHERE THE STUDENT OR PARENT IS UNREACHABLE OR UNCOOPERATIVE WITH
THE PROVISIONS OF THIS SECTION, SUCH AGENCY SHALL COMPLETE AND SUBMIT A
WAIVER FORM ON THE STUDENT'S BEHALF.
5. NOTICE TO STUDENTS. (A) LOCAL EDUCATIONAL AGENCIES SHALL GIVE
NOTICE OF THE REQUIREMENT TO COMPLETE A FAFSA, NYS DREAM ACT APPLICA-
TION, AND/OR WAIVER AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION NO
LESS THAN FOUR TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL SENIORS,
AND NO LESS THAN TWO TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL
JUNIORS. INCLUDED IN SUCH NOTICE SHALL BE AN EXPLANATION OF STATE-SPON-
SORED SCHOLARSHIPS AND FINANCIAL AID OPPORTUNITIES.
S. 8306--B 45
(B) LOCAL EDUCATIONAL AGENCIES SHALL DIRECT STUDENTS TO SUPPORT
SERVICES THAT MAY BE AVAILABLE TO ASSIST STUDENTS IN COMPLETING THE
FAFSA AND NYS DREAM ACT APPLICATION AS NECESSARY, INCLUDING BUT NOT
LIMITED TO PROGRAMS OPERATED BY THE CORPORATION, POSTSECONDARY IMMI-
GRATION RESOURCE CENTERS, COLLEGE READINESS ORGANIZATIONS, COMMUNITY-
BASED ORGANIZATIONS, AND LEGAL RESOURCE ORGANIZATIONS.
(C) LOCAL EDUCATIONAL AGENCIES SHALL MAKE EVERY EFFORT TO ENSURE THAT
UNACCOMPANIED YOUTH ARE PROVIDED OR CONNECTED WITH RESOURCES NEEDED TO
COMPLETE A FAFSA OR NYS DREAM ACT APPLICATION AS APPROPRIATE.
6. DATA REPORTING. (A) THE CORPORATION SHALL COMPILE DATA ON FAFSA AND
NYS DREAM ACT APPLICATION SUBMISSION AND ACCEPTANCE RATES FOR EACH LOCAL
EDUCATIONAL AGENCY COVERED BY THIS SECTION AND PUBLISH SUCH DATA ON ITS
WEBSITE FOR EACH MONTH OF THE YEAR. REPORTED DATA SHALL INCLUDE THE
NUMBER OF FAFSA AND NYS DREAM ACT APPLICATIONS SUBMITTED AND ACCEPTED:
(I) BOTH IN TOTAL AND DISAGGREGATED BY SCHOOL, COUNTY, AND PUBLIC
SCHOOL DISTRICT; AND
(II) DISAGGREGATED BY LEVEL OF PARENTAL EDUCATION, RACIAL AND/OR
ETHNIC IDENTITY OF THE STUDENT, INCOME, AGE, GENDER, AND STUDENT AID
INDEX, AS AVAILABLE TO THE CORPORATION AND WHERE POSSIBLE;
(III) HOWEVER, THE CORPORATION MAY EXCLUDE NYS DREAM ACT APPLICANT
DISAGGREGATED DATA IF THE APPLICANTS WERE SO FEW THAT THE ANONYMOUS
INFORMATION OF THE STUDENT COULD BE INADVERTENTLY PUBLISHED.
(B) THE CORPORATION SHALL PUBLISH THE DATA DESCRIBED IN THIS SUBDIVI-
SION IN A CLEAR AND ACCESSIBLE MANNER ON ITS WEBSITE.
(C) THE CORPORATION SHALL CREATE AN ONLINE DASHBOARD WHICH TRACKS
FAFSA AND NYS DREAM ACT APPLICATION SUBMISSION AND ACCEPTANCE RATES FOR
THE CURRENT YEAR. THE CORPORATION SHALL ALSO PUBLISH A TABLE WHICH
COMPARES SUCH RATES TO THE RATES OF PRIOR YEARS BEGINNING IN THE YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
7. NO PENALTY. A STUDENT WHO DOES NOT FULFILL THE REQUIREMENTS OF THIS
SECTION SHALL NOT BE PENALIZED OR PUNISHED ON SUCH BASIS AND THIS
SECTION SHALL NOT AFFECT A STUDENT'S ABILITY TO GRADUATE.
§ 2. This act shall take effect on the first of July next succeeding
one year 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 D
Intentionally Omitted
PART E
Section 1. Paragraph d of subdivision 7 of section 2-d of the educa-
tion law, as added by section 1 of subpart L of part AA of chapter 56 of
the laws of 2014, is amended to read as follows:
d. Nothing in this section shall limit the DEPARTMENT'S administrative
use of student data or teacher or principal data by a person acting
exclusively in the person's capacity as an employee of an educational
agency or of the state or any of its political subdivisions, any court
or the federal government that is otherwise required by law. NOTHING IN
THIS SECTION SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW
YORK, OR THE CITY UNIVERSITY OF NEW YORK FOR EDUCATIONAL PURPOSES IN
S. 8306--B 46
ACCORDANCE WITH A DATA PROTECTION AGREEMENT AND PURSUANT TO THE
PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C.
SECTION 1232G.
§ 2. Section 655 of the education law is amended by adding a new
subdivision 9-a to read as follows:
9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
DATA AS THE PRESIDENT DEEMS NECESSARY FOR PURPOSES OF FINANCIAL AID
PROGRAM EVALUATION.
§ 3. This act shall take effect immediately.
PART F
Section 1. Section 16 of chapter 260 of the laws of 2011 amending the
education law and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 4 of part DD of chapter 56 of the laws of
2021, is amended to read as follows:
§ 16. This act shall take effect July 1, 2011; provided [that sections
one, two, three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire 13 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further] that sections fourteen and fifteen of this act
shall expire 5 years after such effective date when upon such date [the]
SUCH provisions [of this act] shall be deemed repealed.
§ 2. This act shall take effect immediately.
PART G
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 V of
chapter 56 of the laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2024] 2025; 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, 2024.
PART H
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 Z of chapter 56 of the laws of 2023, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$175.00] $181.00 for each month beginning on or after
January first, two thousand [twenty-three] TWENTY-FOUR.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$202.00] $208.00 for each month beginning on
or after January first, two thousand [twenty-three] TWENTY-FOUR.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$241.00] $249.00 for each month
beginning on or after January first, two thousand [twenty-three] TWEN-
TY-FOUR.
S. 8306--B 47
(d) for the period commencing January first, two thousand [twenty-
four] TWENTY-FIVE, 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-four] TWENTY-FIVE, but prior to June thirtieth, two
thousand [twenty-four] TWENTY-FIVE, 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
Z of chapter 56 of the laws of 2023, are amended to read as follows:
(a) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, for an eligible individual living alone, [$1,001.00] $1,030.00;
and for an eligible couple living alone, [$1,475.00] $1,519.00.
(b) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, for an eligible individual living with others with or without
in-kind income, [$937.00] $966.00; and for an eligible couple living
with others with or without in-kind income, [$1,417.00] $1,461.00.
(c) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, (i) for an eligible individual receiving family care, [$1,180.48]
$1,209.48 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,
[$1,142.48] $1,171.48; 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-three] TWENTY-
FOUR, (i) for an eligible individual receiving residential care,
[$1,349.00] $1,378.00 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, [$1,319.00] $1,348.00; 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-three] TWENTY-
FOUR, (i) for an eligible individual receiving enhanced residential
care, [$1,608.00] $1,637.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-four] TWENTY-
FIVE but prior to June thirtieth, two thousand [twenty-four]
TWENTY-FIVE.
§ 3. This act shall take effect December 31, 2024.
S. 8306--B 48
PART I
Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi-
sion 1 of section 413 of the family court act, as amended by chapter 567
of the laws of 1989, is amended to read as follows:
(iv) at the discretion of the court, the court may attribute or impute
income from[,] such other resources as may be available to the parent,
including, but not limited to:
(A) non-income producing assets,
(B) meals, lodging, memberships, automobiles or other perquisites that
are provided as part of compensation for employment to the extent that
such perquisites constitute expenditures for personal use, or which
expenditures directly or [indirecly] INDIRECTLY confer personal economic
benefits,
(C) fringe benefits provided as part of compensation for employment,
and
(D) money, goods, or services provided by relatives and friends;
IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO
THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN-
MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE
LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT
ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY
SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
ANT TO THIS CLAUSE;
§ 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b
of section 240 of the domestic relations law, as added by chapter 567 of
the laws of 1989, is amended to read as follows:
(iv) at the discretion of the court, the court may attribute or impute
income from[,] such other resources as may be available to the parent,
including, but not limited to:
(A) non-income producing assets,
(B) meals, lodging, memberships, automobiles or other perquisites that
are provided as part of compensation for employment to the extent that
such perquisites constitute expenditures for personal use, or which
expenditures directly or [indirecly] INDIRECTLY confer personal economic
benefits,
(C) fringe benefits provided as part of compensation for employment,
and
(D) money, goods, or services provided by relatives and friends;
IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO
THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN-
MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE
LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT
ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY
SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
S. 8306--B 49
MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
ANT TO THIS CLAUSE;
§ 3. Paragraph (k) of subdivision 1 of section 413 of the family court
act, as amended by chapter 567 of the laws of 1989, is amended to read
as follows:
(k) When a party has defaulted and/or the court is otherwise presented
with insufficient evidence to determine gross income, [the court shall
order child support based upon the needs or standard of living of the
child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON
AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
THIS SUBDIVISION. Such order may be retroactively modified upward, with-
out a showing of change in circumstances.
§ 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic
relations law, as added by chapter 567 of the laws of 1989, is amended
to read as follows:
(k) When a party has defaulted and/or the court is otherwise presented
with insufficient evidence to determine gross income, [the court shall
order child support based upon the needs or standard of living of the
child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON
AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
THIS SUBDIVISION. Such order may be retroactively modified upward, with-
out a showing of change in circumstances.
§ 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of
section 413 of the family court act, as amended by chapter 313 of the
laws of 2019, is amended to read as follows:
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; provided that incarceration shall not be considered
voluntary unemployment[, unless such incarceration is the result of
non-payment of a child support order, or an offense against the custo-
dial parent or child who is the subject of the order or judgment];
§ 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b
of section 240 of the domestic relations law, as amended by chapter 313
of the laws of 2019, is amended to read as follows:
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; provided that incarceration shall not be considered
voluntary unemployment[, unless such incarceration is the result of
non-payment of a child support order, or an offense against the custo-
dial parent or child who is the subject of the order or judgment];
§ 7. Paragraph (a) of subdivision 3 of section 451 of the family court
act, as amended by chapter 313 of the laws of 2019, is amended to read
as follows:
(a) The court may modify an order of child support, including an order
incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration shall not be considered voluntary unemployment and shall
not be a bar to finding a substantial change in circumstances [provided
such incarceration is not the result of non-payment of a child support
order, or an offense against the custodial parent or child who is the
subject of the order or judgment].
S. 8306--B 50
§ 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of
part B of section 236 of the domestic relations law, as amended by chap-
ter 313 of the laws of 2019, is amended to read as follows:
(i) The court may modify an order of child support, including an order
incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration shall not be considered voluntary unemployment and shall
not be a bar to finding a substantial change in circumstances [provided
such incarceration is not the result of non-payment of a child support
order, or an offense against the custodial parent or child who is the
subject of the order or judgment].
§ 9. This act shall take effect immediately, and shall apply to any
action or proceeding pending upon or commenced on or after such effec-
tive date.
PART J
Section 1. Subdivision 1 of section 206-c of the labor law, as amended
by chapter 672 of the laws of 2022, is amended to read as follows:
1. An employer shall provide [reasonable unpaid] PAID break time [or]
FOR THIRTY MINUTES, AND permit an employee to use EXISTING paid break
time or meal time FOR TIME IN EXCESS OF THIRTY MINUTES, to allow an
employee to express breast milk for [her] SUCH EMPLOYEE'S nursing child
each time such employee has reasonable need to express breast milk for
up to three years following child birth. No employer shall discriminate
in any way against an employee who chooses to express breast milk in the
work place.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART K
Intentionally Omitted
PART L
Section 1. Subdivision 3 of section 218 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner, or the deci-
sion of the industrial board of appeals containing the amount found to
be due including the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL
EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the
request of an employee, the commissioner shall assign, without consider-
ation or liability, that portion of the filed order that constitutes
wages, wage supplements, interest on wages or wage supplements, or
S. 8306--B 51
liquidated damages due that employee, to that employee and may file an
assignment or order in that amount in the name of that employee with the
county clerk of the county where the employer resides or has a place of
business. The filing of such assignment, order or decision shall have
the full force and effect of a judgment duly docketed in the office of
such clerk. The assignment[, order or decision] may be enforced [by and
in the name of the commissioner, or] by the employee[,] in the same
manner, and with like effect, as that prescribed by the civil practice
law and rules for the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN
EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN
SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY
COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
TELS OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE
SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR
SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME
FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 2. Subdivision 3 of section 219 of the labor law, as amended by
chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner or the decision
of the industrial board of appeals containing the amount found to be
S. 8306--B 52
due, including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO
FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE
PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee,
the commissioner shall assign, without consideration or liability, that
portion of the filed order that constitutes wages, wage supplements,
interest on wages or wage supplements, or liquidated damages due the
employee, to that employee and may file an assignment or order in that
amount in the name of such employee with the county clerk of the county
where the employer resides or has a place of business. The filing of
such assignment, order or decision shall have the full force and effect
of a judgment duly docketed in the office of such clerk. The assign-
ment[, order or decision] may be enforced [by and in the name of the
commissioner, or] by the employee[,] in the same manner, and with like
effect, as that prescribed by the civil practice law and rules for the
enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN
EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN
SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY
COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE
SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR
SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME
FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
S. 8306--B 53
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 3. Subdivision 5 of section 6201 of the civil practice law and
rules, as amended by chapter 860 of the laws of 1977 and as renumbered
by chapter 618 of the laws of 1992, is amended and a new subdivision 6
is added to read as follows:
5. the cause of action is based on a judgment, decree or order of a
court of the United States or of any other court which is entitled to
full faith and credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF THIS CHAPTER;
OR
6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF
UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID
BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
§ 4. Section 6210 of the civil practice law and rules, as added by
chapter 860 of the laws of 1977, is amended to read as follows:
§ 6210. Order of attachment on notice; temporary restraining order;
contents. Upon a motion on notice for an order of attachment, the court
may, without notice to the defendant, grant a temporary restraining
order prohibiting the transfer of assets by a garnishee as provided in
subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
SUBDIVISION SIX OF SECTION 6201, AND IF THE EMPLOYER CONTESTS THE
MOTION, THE COURT SHALL HOLD A HEARING WITHIN TEN DAYS OF WHEN THE
EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR ATTACHMENT IS DUE. The
contents of the order of attachment granted pursuant to this section
shall be as provided in subdivision (a) of section 6211.
§ 5. Subdivision (b) of section 6211 of the civil practice law and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
(b) Confirmation of order. Except where an order of attachment is
granted on the ground specified in subdivision one OR SIX of section
6201, an order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff shall
move, on such notice as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice is granted on
the ground specified in subdivision one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff, and
the plaintiff shall move within ten days after levy for an order
confirming the order of attachment. If the plaintiff upon such motion
shall show that the statement has not been served and that the plaintiff
will be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
S. 8306--B 54
the order of attachment and any levy thereunder shall have no further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions of subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the sheriff refrain
from taking any property levied upon into [his] THE actual custody OF
SUCH SHERIFF, pending further order of the court.
§ 6. Subdivisions (b) and (e) of rule 6212 of the civil practice law
and rules, subdivision (b) as separately amended by chapters 15 and 860
of the laws of 1977 and subdivision (e) as added by chapter 860 of the
laws of 1977, are amended to read as follows:
(b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion
for an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the court, but not less than five hundred
dollars, a specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable attor-
ney's fees, which may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the plain-
tiff was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff all
of [his] THEIR allowable fees.
2. ON A MOTION FOR AN ATTACHMENT PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
(e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
shall be liable to the defendant for all costs and damages, including
reasonable attorney's fees, which may be sustained by reason of the
attachment if the defendant recovers judgment, or if it is finally
decided that the plaintiff was not entitled to an attachment of the
defendant's property. Plaintiff's liability shall not be limited by the
amount of the undertaking.
§ 7. Paragraph (b) of section 624 of the business corporation law, as
amended by chapter 449 of the laws of 1997, is amended to read as
follows:
(b) Any person who shall have been a shareholder of record of a corpo-
ration, OR WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
upon at least five days' written demand shall have the right to examine
in person or by agent or attorney, during usual business hours, its
minutes of the proceedings of its shareholders and record of sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such person's interest as a shareholder, LABORER, SERVANT OR EMPLOYEE,
PROVIDED THE PURPOSE REASONABLY RELATED TO A PERSON'S INTEREST AS A
LABORER, SERVANT OR EMPLOYEE SHALL BE TO OBTAIN THE NAMES, ADDRESSES,
AND VALUE OF SHAREHOLDERS' INTERESTS IN THE CORPORATION. Holders of
voting trust certificates representing shares of the corporation shall
be regarded as shareholders for the purpose of this section. Any such
agent or attorney shall be authorized in a writing that satisfies the
requirements of a writing under paragraph (b) of section 609 (Proxies).
A corporation requested to provide information pursuant to this para-
graph shall make available such information in written form and in any
other format in which such information is maintained by the corporation
and shall not be required to provide such information in any other
S. 8306--B 55
format. If a request made pursuant to this paragraph includes a request
to furnish information regarding beneficial owners, the corporation
shall make available such information in its possession regarding bene-
ficial owners as is provided to the corporation by a registered broker
or dealer or a bank, association or other entity that exercises fiduci-
ary powers in connection with the forwarding of information to such
owners. The corporation shall not be required to obtain information
about beneficial owners not in its possession.
§ 8. Section 630 of the business corporation law, paragraph (a) as
amended by chapter 5 of the laws of 2016, paragraph (c) as amended by
chapter 746 of the laws of 1963, is amended to read as follows:
§ 630. Liability of shareholders for wages due to laborers, servants or
employees.
(a) The ten largest shareholders, as determined by the fair value of
their beneficial interest as of the beginning of the period during which
the unpaid services referred to in this section are performed, of every
domestic corporation or of any foreign corporation, when the unpaid
services were performed in the state, no shares of which are listed on a
national securities exchange or regularly quoted in an over-the-counter
market by one or more members of a national or an affiliated securities
association, shall jointly and severally be personally liable for all
debts, wages or salaries due and owing to any of its laborers, servants
or employees other than contractors, for services performed by them for
such corporation. [Before such laborer, servant or employee shall charge
such shareholder for such services, he shall give notice in writing to
such shareholder that he intends to hold him liable under this section.
Such notice shall be given within one hundred and eighty days after
termination of such services, except that if, within such period, the
laborer, servant or employee demands an examination of the record of
shareholders under paragraph (b) of section 624 (Books and records;
right of inspection, prima facie evidence) of this article, such notice
may be given within sixty days after he has been given the opportunity
to examine the record of shareholders. An action to enforce such liabil-
ity shall be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment recovered
against it for such services.] The provisions of this paragraph shall
not apply to an investment company registered as such under an act of
congress entitled "Investment Company Act of 1940."
(b) For the purposes of this section, wages or salaries shall mean all
compensation and benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee INCLUD-
ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S
FEES OR COSTS. These shall specifically include but not be limited to
salaries, overtime, vacation, holiday and severance pay; employer
contributions to or payments of insurance or welfare benefits; employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
(c) A shareholder who has paid more than [his] THEIR pro rata share
under this section shall be entitled to contribution pro rata from the
other shareholders liable under this section with respect to the excess
so paid, over and above [his] SUCH SHAREHOLDER'S pro rata share, and may
sue them jointly or severally or any number of them to recover the
amount due from them. Such recovery may be had in a separate action. As
used in this paragraph, "pro rata" means in proportion to beneficial
share interest. Before a shareholder may claim contribution from other
shareholders under this paragraph, [he] SUCH SHAREHOLDER shall[, unless
S. 8306--B 56
they have been given notice by a laborer, servant or employee under
paragraph (a),] give them notice in writing that [he] SUCH SHAREHOLDER
intends to hold them so liable to [him] SUCH SHAREHOLDER. Such notice
shall be given by [him] SUCH SHAREHOLDER within twenty days after the
date that [notice was given to him by] THE SHAREHOLDER BECAME AWARE THAT
a laborer, servant or employee MAY SEEK TO HOLD SUCH SHAREHOLDER LIABLE
under paragraph (a).
§ 9. Subdivision (c) of section 609 of the limited liability company
law, as amended by chapter 620 of the laws of 2019, is amended to read
as follows:
(c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as determined as of the beginning of the period during which the unpaid
services referred to in this section are performed, of every domestic
limited liability company, or of any foreign limited liability company,
when the unpaid services were performed in the state, shall jointly and
severally be personally liable for all debts, wages or salaries due and
owing to any of its laborers, servants or employees, for services
performed by them for such limited liability company. [Before such
laborer, servant or employee shall charge such member for such services,
he or she shall give notice in writing to such member that he or she
intends to hold such member liable under this section. Such notice shall
be given within one hundred eighty days after termination of such
services. An action to enforce such liability shall be commenced within
ninety days after the return of an execution unsatisfied against the
limited liability company upon a judgment recovered against it for such
services.] A member who has paid more than [his or her] THEIR pro rata
share under this section shall be entitled to contribution pro rata from
the other members liable under this section with respect to the excess
so paid, over and above [his or her] SUCH MEMBER'S pro rata share, and
may sue them jointly or severally or any number of them to recover the
amount due from them. Such recovery may be had in a separate action. As
used in this subdivision, "pro rata" means in proportion to percentage
ownership interest. Before a member may claim contribution from other
members under this section, [he or she] SUCH MEMBER shall give them
notice in writing that [he or she] SUCH MEMBER intends to hold them so
liable to [him or her] SUCH MEMBER.
§ 10. Section 1102 of the limited liability company law is amended by
adding a new subdivision (e) to read as follows:
(E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE OF A LIMITED LIABILITY COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE PERIOD OF TIME DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS SUBDIVI-
SION SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT. UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER OR AGENT OF THE COMPANY TO
PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS SUBDIVISION, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT. UPON THE RETURN
S. 8306--B 57
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COURT SHALL GRANT AN
ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO
THE COURT MAY SEEM JUST AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COMPANY SHALL PAY ALL
REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
§ 11. Subdivision 5 of section 218 of the labor law, as added by chap-
ter 537 of the laws of 2014, is amended to read as follows:
5. An employer similar in operation and ownership to a prior employer
which had been found in violation of article six, nineteen or nineteen-A
of this chapter, shall be deemed the same employer for the purposes of
this section AND ARTICLES SIX, NINETEEN, AND NINETEEN-A OF THIS CHAPTER
if the employees of the new employer are engaged in substantially the
same work in substantially the same working conditions under substan-
tially the same supervisors, or if the subsequent employer has substan-
tially the same production process, produces substantially the same
products and has substantially the same body of customers. Such subse-
quent employer shall continue to be subject to this section and liable
for the acts of the prior employer under this section.
§ 12. Subdivision 4 of section 219 of the labor law, as added by chap-
ter 537 of the laws of 2014, is amended to read as follows:
4. An employer similar in operation and ownership to a prior employer
found to be in violation of article six, nineteen or nineteen-A of this
chapter, shall be deemed the same employer for the purposes of this
section AND ARTICLES SIX, NINETEEN, NINETEEN-A OF THIS CHAPTER if the
employees of the subsequent employer are engaged in substantially the
same work in substantially the same working conditions under substan-
tially the same supervisors, or if the new entity has substantially the
same production process, produces substantially the same products and
has substantially the same body of customers. Such a subsequent employer
will continue to be subject to this section and shall be liable for the
acts of the prior employer under this section.
§ 13. The state finance law is amended by adding a new section 99-rr
to read as follows:
§ 99-RR. NEW YORK STATE WORKER PROTECTION AND LABOR LAW ENFORCEMENT
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND
TO BE KNOWN AS THE NEW YORK STATE WORKER PROTECTION AND LABOR LAW
ENFORCEMENT FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONETARY DAMAGES AND PENALTIES
RECOVERED BY THE DEPARTMENT OF LABOR FOR EMPLOYER VIOLATIONS, UNLESS
OTHERWISE DESIGNATED, OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN,
NINETEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF
THE LABOR LAW OR WITH ANY REGULATIONS RELATED THERETO AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW; PROVIDED, HOWEVER THAT NO MONIES DUE AND OWING TO ANY OTHER PARTY
SHALL BE DEDICATED TO THE FUND. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. THE MONIES IN THE FUND, AFTER APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO THE COMMISSIONER OF LABOR FOR THE SOLE PURPOSE OF
SUPPLEMENTING THE DEPARTMENT'S LABOR LAW ENFORCEMENT DUTIES; PROVIDED,
HOWEVER, THAT SUCH FUNDING SHALL BE APPROPRIATED IN ADDITION TO ANY
S. 8306--B 58
OTHER MONIES APPROPRIATED TO THE DEPARTMENT FOR THE STATE FISCAL YEAR IN
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
4. ON OR BEFORE JANUARY FIRST OF EACH YEAR, THE DEPARTMENT OF LABOR
SHALL PROVIDE A WRITTEN REPORT DETAILING HOW THE MONIES OF THE FUND WERE
UTILIZED DURING THE PRECEDING FISCAL YEAR. SUCH REPORT SHALL BE PROVIDED
TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON LABOR,
THE CHAIR OF THE ASSEMBLY LABOR COMMITTEE, AND THE STATE COMPTROLLER.
SUCH REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL
INCLUDE:
(A) THE NUMBER OF ENFORCEMENT PROCEEDINGS INITIATED FOR EMPLOYER
VIOLATIONS OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN, NINE-
TEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF THE
LABOR LAW OR ANY REGULATIONS RELATED THERETO, THE NAME OF THE ENTITY
AGAINST WHICH SUCH PROCEEDING WAS INITIATED AND THE AMOUNT COLLECTED FOR
EACH SUCH PROCEEDING, IF ANY;
(B) THE AMOUNT OF MONEY AVAILABLE AND DISPERSED FROM THE FUND OVER THE
PREVIOUS TWELVE MONTHS;
(C) A DESCRIPTION ON HOW SUCH MONIES WERE USED, INCLUDING THE NUMBER
OF ENFORCEMENT PERSONNEL HIRED OR SUPPORTED BY SUCH MONIES; AND
(D) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE NEXT FISCAL YEAR.
§ 14. This act shall take effect immediately; provided, however, that
sections three through twelve of this act shall take effect on the thir-
tieth day after it shall have become a law; and provided further, howev-
er, that section thirteen of this act shall take effect April 1, 2024.
The procedures and rights created in this act may be used by employees,
laborers or servants in connection with claims for liabilities that
arose prior to the effective date of this act.
PART M
Section 1. Subdivisions 1, 3, 4, 5, 6, 8, 9, 10 and 14 of section 1 of
chapter 25 of the laws of 2020, relating to providing requirements for
sick leave and the provision of certain employee benefits when such
employee is subject to a mandatory or precautionary order of quarantine
or isolation due to COVID-19, are amended to read as follows:
1.(a) For employers with ten or fewer employees [as of January 1,
2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE
PUBLIC HEALTH LAW, each employee who is subject to a mandatory or
precautionary order of quarantine or isolation issued by the state of
New York, the department of health, local board of health, or any
governmental entity duly authorized to issue such order due to COVID-19,
shall be provided with unpaid sick leave until the termination of any
mandatory or precautionary order of quarantine or isolation due to
COVID-19 and any other benefit as provided by any other provision of
law. During the period of mandatory or precautionary quarantine or
isolation, an employee shall be eligible for paid family leave benefits
and benefits due pursuant to disability pursuant to this act. An
employer with ten or fewer employees [as of January 1, 2020] WORKING IN
A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW, and
that has a net income of greater than one million dollars in the previ-
ous tax year, shall provide each employee who is subject to a precau-
tionary or mandatory order of quarantine or isolation issued by the
state of New York, the department of health, local board of health, or
S. 8306--B 59
any governmental entity duly authorized to issue such order due to
COVID-19, at least five days of paid sick leave and unpaid leave until
the termination of any mandatory or precautionary order of quarantine or
isolation. After such five days of paid sick leave, an employee shall
be eligible for paid family leave benefits and benefits due pursuant to
disability pursuant to this act.
(b) For employers with between eleven and ninety-nine employees [as of
January 1, 2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28
OF THE PUBLIC HEALTH LAW, each employee who is subject to a mandatory or
precautionary order of quarantine or isolation issued by the state of
New York, the department of health, local board of health, or any
governmental entity duly authorized to issue such order due to COVID-19,
shall be provided with at least five days of paid sick leave and unpaid
leave until the termination of any mandatory or precautionary order of
quarantine or isolation. After such five days of paid sick leave, an
employee shall be eligible for paid family leave benefits and benefits
due pursuant to disability pursuant to this act.
(c) For employers with one hundred or more employees [as of January 1,
2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE
PUBLIC HEALTH LAW, each employee who is subject to a mandatory or
precautionary order of quarantine or isolation issued by the state of
New York, the department of health, local board of health, or any
governmental entity duly authorized to issue such order due to COVID-19,
shall be provided with at least fourteen days of paid sick leave during
any mandatory or precautionary order of quarantine or isolation.
(d) For public employers, each officer or employee WORKING IN A FACIL-
ITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW who is
subject to a mandatory or precautionary order of quarantine or isolation
issued by the state of New York, the department of health, local board
of health, or any governmental entity duly authorized to issue such
order due to COVID-19 shall be provided with at least fourteen days of
paid sick leave during any mandatory or precautionary order of quaran-
tine or isolation. Each officer or employee shall be compensated at his
or her regular rate of pay for those regular work hours during which the
officer or employee is absent from work due to a mandatory or precau-
tionary order of quarantine or isolation due to COVID-19. For purposes
of this act, "public employer" shall mean [the following: (i) the
state; (ii) a county, city, town or village; (iii) a school district,
board of cooperative educational services, vocational education and
extension board or a school district as enumerated in section 1 of
chapter 566 of the laws of 1967, as amended; (iv) any governmental
entity operating a college or university; (v) a public improvement or
special district including police or fire districts; (vi) a public
authority, commission or public benefit corporation; or (vii) any other
public corporation, agency, instrumentality or unit of government which
exercises governmental power under the laws of this state] ANY PUBLIC
FACILITY OR ENTITY LICENSED UNDER ARTICLE 28 OF THE PUBLIC HEALTH LAW.
(e) Such leave shall be provided without loss of an officer or employ-
ee's accrued sick leave.
3. Upon return to work following leave taken pursuant to this act, an
employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE
PUBLIC HEALTH LAW shall be restored by his or her employer to the posi-
tion of employment held by the employee prior to any leave taken pursu-
ant to this act with the same pay and other terms and conditions of
employment. No employer or his or her agent, or the officer or agent of
any corporation, partnership, or limited liability company, or any other
S. 8306--B 60
person, shall discharge, threaten, penalize, or in any other manner
discriminate or retaliate against any employee because such employee has
taken leave pursuant to this act.
4. An employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28
OF THE PUBLIC HEALTH LAW shall not receive paid sick leave benefits or
any other paid benefits provided by any provisions of this section if
the employee is subject to a mandatory or precautionary order of quaran-
tine because the employee has returned to the United States after trav-
eling to a country for which the Centers for Disease Control and
Prevention has a level two or three travel health notice and the travel
to that country was not taken as part of the employee's employment or at
the direction of the employee's employer, and if the employee was
provided notice of the travel health notice and the limitations of this
subdivision prior to such travel. Such employee shall be eligible to
use accrued leave provided by the employer, or to the extent that such
employee does not have accrued leave or sufficient accrued leave, unpaid
sick leave shall be provided for the duration of the mandatory or
precautionary quarantine or isolation.
5. The commissioner of labor shall have authority to adopt regu-
lations, including emergency regulations, and issue guidance to effectu-
ate any of the provisions of this act. Employers GOVERNED UNDER ARTICLE
28 OF THE PUBLIC HEALTH LAW shall comply with regulations promulgated by
the commissioner of labor for this purpose which may include, but is not
limited to, standards for the use, payment, and employee eligibility of
sick leave pursuant to this act.
6. Notwithstanding any other provision of law, and for purposes of
this act only, for purposes of article 9 of the workers' compensation
law, "disability" shall mean: any inability of an employee WORKING IN A
FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW to
perform the regular duties of his or her employment or the duties of any
other employment which his or her employer may offer him or her as a
result of a mandatory or precautionary order of quarantine or isolation
issued by the state, the department of health, a local board of health,
or any government entity duly authorized to issue such order due to
COVID-19 and when the employee has exhausted all paid sick leave
provided by the employee's employer under this act.
8. Notwithstanding any other provision of law, and for purposes of
this act only, for purposes of article 9 of the workers' compensation
law, "family leave" shall mean: (a) any leave taken by an employee WORK-
ING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH
LAW from work when an employee is subject to a mandatory or precaution-
ary order of quarantine or isolation issued by the state, the department
of health, a local board of health, or any government entity duly
authorized to issue such order due to COVID-19; or (b) to provide care
for a minor dependent child of the employee who is subject to a mandato-
ry or precautionary order of quarantine or isolation issued by the
state, the department of health, a local board of health, or any govern-
ment entity duly authorized to issue such order due to COVID-19.
9. Notwithstanding any other provision of law, and for purposes of
this act only, for purposes of article 9 of the workers' compensation
law, disability and family leave benefits pursuant to this act may be
payable concurrently to an eligible employee WORKING IN A FACILITY
LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW upon the first
full day of an unpaid period of mandatory or precautionary order of
quarantine or isolation issued by the state of New York, the department
of health, a local board of health, or any government entity duly
S. 8306--B 61
authorized to issue such order due to COVID-19, provided however, an
employee may not collect any benefits that would exceed $840.70 in paid
family leave and $2,043.92 in benefits due pursuant to disability per
week.
10. Notwithstanding any other provision of law, and for purposes of
this act only, for purposes of article 9 of the workers' compensation
law, the maximum weekly benefit which the employee WORKING IN A FACILITY
LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW is entitled to
receive for benefits due pursuant to disability pursuant to subdivision
six of this section only shall be the difference between the maximum
weekly family leave benefit and such employee's total average weekly
wage from each covered employer up to a maximum benefit due pursuant to
disability of $2,043.92 per week.
14. Nothing in this section shall be deemed to impede, infringe,
diminish or impair the rights of a public employee or employer LICENSED
PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW under any law, rule,
regulation or collectively negotiated agreement, or the rights and bene-
fits which accrue to employees through collective bargaining agreements,
or otherwise diminish the integrity of the existing collective bargain-
ing relationship, or to prohibit any personnel action which otherwise
would have been taken regardless of any request to use, or utilization
of, any leave provided by this act.
§ 2. This act shall take effect July 31, 2024.
PART N
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 $17,750,000 for the fiscal
year ending March 31, 2025. 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 $17,750,000, 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 insurance
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2023-2024 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, 2024.
§ 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, 2025. 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
S. 8306--B 62
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 insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2023-2024 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,
2024.
§ 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 $23,180,000 for the fiscal year ending March
31, 2025. 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
$23,180,000, 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 2023-2024 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, 2024.
§ 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 $85,581,000 for the fiscal year
ending March 31, 2025. 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 $85,581,000, 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
S. 8306--B 63
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 2023-2024 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, 2025.
§ 5. This act shall take effect immediately.
PART O
Section 1. Subdivision 3 of section 30.10 of the criminal procedure
law is amended by adding a new paragraph (h) to read as follows:
(H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE
THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY
MUST BE COMMENCED WITHIN FIVE YEARS AFTER THE COMMISSION OF THE CRIME,
OR WITHIN TWO YEARS AFTER THE FACTS CONSTITUTING SUCH OFFENSE ARE
DISCOVERED BY THE AGGRIEVED PARTY, WHICHEVER OCCURS LATER.
§ 2. Section 155.00 of the penal law is amended by adding six new
subdivisions 11, 12, 13, 14, 15 and 16 to read as follows:
11. "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00
OF THIS PART.
12. "COMMERCIAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL MEAN A
NONRESIDENTIAL PROPERTY USED FOR THE BUYING, SELLING OR OTHERWISE
PROVIDING OF GOODS OR SERVICES INCLUDING HOTEL SERVICES, OR FOR OTHER
LAWFUL BUSINESS, COMMERCIAL OR MANUFACTURING ACTIVITIES.
13. "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE
REAL PROPERTY TAX LAW.
14. "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
15. "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL
DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP-
ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH
PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE-
QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL
NEEDS.
16. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
§ 3. Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi-
sion 2 of section 155.05 of the penal law, paragraph (f) as added by
chapter 353 of the laws of 2023, are amended and a new paragraph (g) is
added to read as follows:
(ix) Perform any other act which would not in itself materially bene-
fit the actor but which is calculated to harm another person materially
with respect to his OR HER health, safety, business, calling, career,
financial condition, reputation or personal relationships[.]; OR
(f) By wage theft.
A person obtains property by wage theft when he or she hires a person
to perform services and the person performs such services and the person
does not pay wages, at the minimum wage rate and overtime, or promised
S. 8306--B 64
wage, if greater than the minimum wage rate and overtime, to said person
for work performed. In a prosecution for wage theft, for the purposes of
venue, it is permissible to aggregate all nonpayments or underpayments
to one person from one person, into one larceny count, even if the
nonpayments or underpayments occurred in multiple counties. It is also
permissible to aggregate nonpayments or underpayments from a workforce
into one larceny count even if such nonpayments or underpayments
occurred in multiple counties[.]; OR
(G) BY DEED THEFT.
A PERSON COMMITS DEED THEFT WHEN HE OR SHE:
(I) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS A PROP-
ERTY DOCUMENT SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH
THE INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE
OWNERSHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
(II) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR
AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN
OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
(III) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS
TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY
OTHER FRAUDULENT OR DECEPTIVE PRACTICE.
§ 4. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
§ 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she
steals property and:
1. when the value of the property exceeds three thousand dollars, or
2. the property is an automated teller machine or the contents of an
automated teller machine[.], OR
3. WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPER-
TY, REGARDLESS OF THE VALUE.
Grand larceny in the third degree is a class D felony.
§ 5. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he OR
SHE steals property and when:
1. The value of the property exceeds fifty thousand dollars; or
2. The property, regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse his OR HER
position as a public servant by engaging in conduct within or related to
his OR HER official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely[.]; OR
3. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF: (A)
ONE RESIDENTIAL REAL PROPERTY; OR (B) ONE COMMERCIAL MIXED-USE PROPERTY
WITH AT LEAST ONE RESIDENTIAL UNIT; OR (C) TWO OR MORE COMMERCIAL PROP-
ERTIES.
Grand larceny in the second degree is a class C felony.
§ 6. Section 155.42 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when:
1. he OR SHE steals property and when the value of the property
exceeds one million dollars[.]; OR
S. 8306--B 65
2. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF (A)
RESIDENTIAL REAL PROPERTY THAT IS OCCUPIED AS A HOME BY AT LEAST ONE
PERSON; OR (B) RESIDENTIAL REAL PROPERTY THAT INVOLVES A HOME THAT IS
OWNED BY AN ELDERLY PERSON, AN INCOMPETENT, AN INCAPACITATED PERSON, OR
PHYSICALLY DISABLED PERSON; OR (C) THREE OR MORE RESIDENTIAL REAL PROP-
ERTIES.
Grand larceny in the first degree is a class B felony.
§ 7. Subdivision 3 of section 187.00 of the penal law, as amended by
chapter 507 of the laws of 2009, is amended to read as follows:
3. "Residential real property" means real property THAT IS USED OR
OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE
HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
IS improved by a one-to-four family dwelling, or a residential unit in a
building including units owned as condominiums or on a cooperative
basis, used or occupied, or intended to be used or occupied, wholly or
partly, as the home or residence of one or more persons, but shall not
refer to unimproved real property upon which such dwellings are to be
constructed.
§ 8. Section 63 of the executive law is amended by adding a new subdi-
vision 17 to read as follows:
17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR
ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF
THE LAWS OF THIS STATE APPLICABLE TO ANY CRIME THAT AFFECTS THE TITLE
TO, ENCUMBRANCE OF, OR THE POSSESSION OF REAL PROPERTY, INCLUDING BUT
NOT LIMITED TO DEED THEFT, LARCENY, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY, OFFERING A FALSE INSTRUMENT FOR FILING, FALSIFYING BUSINESS
RECORDS, RESIDENTIAL MORTGAGE FRAUD, OR SCHEME TO DEFRAUD. IN ALL SUCH
PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER
DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXERCISE ALL THE
POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
§ 9. Section 993 of the real property actions and proceedings law is
amended by adding a new subdivision 12 to read as follows:
12. PROHIBITION ON INITIATION OF A PARTITION ACTION. NO PARTITION
ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO
DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT
WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES
OF THE HEIRS PROPERTY FROM A RELATIVE.
§ 10. Section 993 of the real property actions and proceedings law is
amended by adding a new subdivision 13 to read as follows:
13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE
OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR SHARES OF AN HEIRS
PROPERTY AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER-
OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER-
TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHER-
ITED THEIR SHARE OR SHARES OF THE PROPERTY SHALL HAVE THE RIGHT TO
PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND CONDITIONS OF
THE OFFER OR COUNTEROFFER.
(B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL
OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT
WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF
THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE
PENDING OFFER. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN
SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE
S. 8306--B 66
OTHER CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED
OF THE OFFER TO MATCH SUCH OFFER.
(C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE
OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE
REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP-
ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES
FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE
CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE OF TWO PERCENT PER
ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO
THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
§ 11. The real property law is amended by adding a new section 424 to
read as follows:
§ 424. TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER
ON DEATH DEED.
(B) "DESIGNATED BENEFICIARY" MEANS A PERSON DESIGNATED TO RECEIVE
PROPERTY IN A TRANSFER ON DEATH DEED.
(C) "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY
WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP. THE
TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT
OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A
TENANT IN COMMON OR OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF
SURVIVORSHIP.
(D) "PERSON" INCLUDES A NATURAL PERSON, AN ASSOCIATION, BOARD, ANY
CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL
AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP OR OTHER FIRM AND THE
STATE.
(E) "PROPERTY" MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THIS
STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER.
(F) "TRANSFER ON DEATH DEED" MEANS A DEED AUTHORIZED UNDER THIS
SECTION.
(G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES A TRANSFER ON DEATH
DEED.
2. NONEXCLUSIVITY. THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS-
FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE.
3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP-
ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY
A TRANSFER ON DEATH DEED.
4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO-
CABLE EVEN IF THE DEED OR ANOTHER INSTRUMENT CONTAINS A CONTRARY
PROVISION.
5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS
NONTESTAMENTARY.
6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A
TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A
WILL.
7. REQUIREMENTS. A TRANSFER ON DEATH DEED:
(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN
THE ESSENTIAL ELEMENTS AND FORMALITIES OF A PROPERLY RECORDABLE INTER
VIVOS DEED;
(B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO
OCCUR AT THE TRANSFEROR'S DEATH;
(C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME
AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED;
(D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND
S. 8306--B 67
(E) SHALL BE RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC
RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS
LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED.
8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED. A TRANS-
FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT:
(A) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY
DURING THE TRANSFEROR'S LIFE; OR
(B) CONSIDERATION.
9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT-
TED.
(A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL
BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF
IT, ONLY IF THE INSTRUMENT:
(1) IS ONE OF THE FOLLOWING:
(A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED
EXPRESSLY OR BY INCONSISTENCY;
(B) AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR
PART OF THE DEED; OR
(C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH
DEED OR PART OF THE DEED; AND
(2) IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE
DEED BEING REVOKED AND RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE
PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED
IS RECORDED.
(B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR:
(1) REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE
INTEREST OF ANOTHER TRANSFEROR; AND
(2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY
ALL OF THE LIVING JOINT OWNERS.
(C) AFTER A TRANSFER ON DEATH DEED IS RECORDED, IT SHALL NOT BE
REVOKED BY A REVOCATORY ACT ON THE DEED.
(D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER
OF THE PROPERTY.
10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING
A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT:
(A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER,
INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY;
(B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER-
EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED;
(C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR
FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR
CONSTRUCTIVE NOTICE OF THE DEED;
(D) AFFECT THE TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY
FOR ANY FORM OF PUBLIC ASSISTANCE;
(E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED
BENEFICIARY; OR
(F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR OF THE
DESIGNATED BENEFICIARY.
11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT
AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR
IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE
DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS
THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT
DEATH:
S. 8306--B 68
(1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE
PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD-
ANCE WITH THE DEED.
(2) THE INTEREST OF A DESIGNATED BENEFICIARY IS CONTINGENT ON THE
DESIGNATED BENEFICIARY SURVIVING THE TRANSFEROR. THE INTEREST OF A
DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES.
(3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER-
ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED
SHARES WITH NO RIGHT OF SURVIVORSHIP.
(4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI-
ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE
WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER,
OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING
PART OF THE PROPERTY HELD CONCURRENTLY.
(B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT
TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, CONTRACTS, MORTGAGES,
LIENS, AND OTHER INTERESTS TO WHICH THE PROPERTY IS SUBJECT AT THE
TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE
RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED
AT THE TRANSFEROR'S DEATH.
(C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE
OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON
DEATH DEED SHALL BELONG TO THE SURVIVING JOINT OWNER OR OWNERS WITH
RIGHT OF SURVIVORSHIP.
(D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT
OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE.
(E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR
WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION.
12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH-
ING IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD,
UNDUE INFLUENCE, DURESS, MISTAKE, OR OTHER INVALIDATING CAUSE TO A
TRANSFER OF PROPERTY.
(B) DIVORCE, ANNULMENT OR DECLARATION OF NULLITY, OR DISSOLUTION OF
MARRIAGE, SHALL HAVE THE SAME EFFECT ON A TRANSFER ON DEATH DEED AS
OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW.
13. RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE-
FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED
IN A WILL.
14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE
EXTENT THE TRANSFEROR'S PROBATE ESTATE IS INSUFFICIENT TO SATISFY AN
ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING
SPOUSE OR CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY
TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED.
(B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR MORE TRANSFER
ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS
APPORTIONED AMONG THE PROPERTIES IN PROPORTION TO THEIR NET VALUES AT
THE TRANSFEROR'S DEATH.
(C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION MUST BE
COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH.
15. FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO
CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS SECTION
SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE
A TRANSFER ON DEATH DEED:
(FRONT OF FORM)
S. 8306--B 69
REVOCABLE TRANSFER ON DEATH DEED
NOTICE TO OWNER
YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF THIS
FORM. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC-
TIVE.
IDENTIFYING INFORMATION
OWNER OR OWNERS MAKING THIS DEED:
____________________________________________________
PRINTED NAME MAILING ADDRESS
____________________________________________________
PRINTED NAME MAILING ADDRESS
LEGAL DESCRIPTION OF THE PROPERTY:
____________________________________________________
PRIMARY BENEFICIARY
I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME.
____________________________________________________
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
ALTERNATE BENEFICIARY - OPTIONAL
IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING
ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME.
____________________________________________________
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
TRANSFER ON DEATH
AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE
BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT TO
REVOKE THIS DEED.
S. 8306--B 70
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
SIGNATURE OF WITNESSES
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
____________________________________________________
NOTARY ACKNOWLEDGMENT
(INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE)
(BACK OF FORM)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO?
WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY
LIENS OR MORTGAGES (OR OTHER ENCUMBRANCES) ON THE PROPERTY AT YOUR
DEATH. PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO EFFECT UNTIL YOU
DIE. YOU CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE
PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY
INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT.
HOW DO I MAKE A TOD DEED?
COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE
FORM HAS NO EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR
DEATH.
IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY?
S. 8306--B 71
YES.
HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
THIS INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN
OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO BE AVAILABLE IN THE
COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED?
YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND,
SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED.
HOW DO I "RECORD" THE TOD DEED?
TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN
BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY
RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD
THE DEED IN EACH COUNTY.
CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND?
YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES,
CAN PREVENT YOU FROM REVOKING THE DEED.
HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED?
THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED:
(1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND RECORD IT IN EACH
COUNTY WHERE THE PROPERTY IS LOCATED.
(2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME
PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED.
(3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A
RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE
THE TOD DEED BY WILL.
I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED
FAMILY MEMBER, FRIEND, OR LAWYER.
DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED?
NO, BUT IT IS RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND
MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD.
I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.
S. 8306--B 72
16. FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN
INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF
THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT
USED TO REVOKE A TRANSFER ON DEATH DEED.
(FRONT OF FORM)
REVOCATION OF TRANSFER ON DEATH DEED
NOTICE TO OWNER
THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE, OR IT WILL NOT BE
EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE
PROPERTY OF OWNERS WHO SIGN THIS REVOCATION.
IDENTIFYING INFORMATION
OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION:
____________________________________________________
PRINTED NAME MAILING ADDRESS
____________________________________________________
PRINTED NAME MAILING ADDRESS
LEGAL DESCRIPTION OF THE PROPERTY:
____________________________________________________
REVOCATION
I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH
DEED.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
SIGNATURE OF WITNESSES
S. 8306--B 73
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
NOTARY ACKNOWLEDGMENT
(INSERT NOTARY ACKNOWLEDGMENT HERE)
(BACK OF FORM)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED?
COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN-
TY WHERE THE PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND
RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT.
HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE
COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
HOW DO I "RECORD" THE FORM?
TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN
BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY
RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD
RECORD THE FORM IN EACH OF THOSE COUNTIES.
I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI-
LY MEMBER, FRIEND, OR LAWYER.
I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
OTHER QUESTIONS, CONSULT A LAWYER.
§ 12. This act shall take effect on thirtieth day after it shall have
become a law; provided, however, that sections nine through eleven of
this act shall take effect on the the ninetieth day after it shall have
become a law; provided, further, that section 424 of the real property
law, as added by section eleven of this act, shall apply to any transfer
on death deed made before, on, or after the effective date of this act
by a transferor dying on or after the effective date of this act.
PART P
S. 8306--B 74
Section 1. This Part enacts into law components of legislation relat-
ing to the conveyance and use of real property owned and maintained by
the state university of New York and the New York state department of
transportation. Each component is wholly contained within a Subpart
identified as Subparts A through C. The effective date for each partic-
ular provision contained within such Subpart is set forth in the last
section of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section three of
this Part sets forth the general effective date of this Part.
SUBPART A
Section 1. Legislative findings. The legislature finds that the state
university of New York at Farmingdale ("Farmingdale") seeks to use
approximately 8.7 acres of vacant land on Farmingdale's campus to build
multi-purpose facilities to support affordable housing needs and
supporting amenities, fulfilling a necessary and vital public purpose.
The legislature further finds that granting the trustees of the State
University of New York ("Trustees") the authority and power to lease and
otherwise contract to make available grounds and facilities of the Farm-
ingdale campus will ensure such land is utilized for the benefit of
Farmingdale, the surrounding community, and the general public.
§ 2. Notwithstanding any other law to the contrary, the Trustees are
authorized and empowered, without any public bidding, to lease and
otherwise contract to make available to the New York housing opportunity
corporation (the "ground lessee"), a portion of the lands of Farmingdale
generally described in this act for the purpose of developing,
constructing, maintaining and operating multi-purpose facilities to
support affordable housing needs and supporting amenities as permitted
by the New York housing opportunity corporation act. Such lease or
contract shall be for a period not exceeding ninety-nine years without
any fee simple conveyance and otherwise upon terms and conditions deter-
mined by such trustees, subject to the approval of the director of the
division of the budget, the attorney general and the state comptroller.
In the event that the real property that is the subject of such lease or
contract shall cease to be used for the purpose described in this act,
such lease or contract shall immediately terminate and the real property
and any improvements thereon shall revert to the state university of New
York. Any lease or contract entered into pursuant to this act shall
provide that the real property that is the subject of such lease or
contract and any improvements thereon shall revert to the state univer-
sity of New York on the expiration of such contract or lease. Any and
all proceeds related to the leases authorized by this act shall be used
for the benefit of the Farmingdale campus and the allocation of such
proceeds shall be subject to approval by the Trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
S. 8306--B 75
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state.
§ 5. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the New York housing
opportunity corporation, and parties contracting with the New York hous-
ing opportunity corporation, and in connection with such activities, the
obtaining of funding or financing, whether public or private, unsecured
or secured, including, but not limited to, secured by leasehold mort-
gages and assignments of rents and leases, by the New York housing
opportunity corporation and parties contracting with the New York hous-
ing opportunity corporation for the purposes of completing the project
described in this act.
§ 6. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 7. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 8. The property authorized by this act to be leased to the New York
housing opportunity corporation is generally described as that parcel of
real property with improvements thereon consisting of a total of 8.7
acres situated on the campus of the State University of New York at
Farmingdale, subject to all existing easements and restrictions of
record. The description in this section of the parcel to be made avail-
able pursuant to this act is not meant to be a legal description, but is
intended only to identify the parcel:
The property is situated at the southwest corner of NYS Route 110 and
Melville Road. The eastern boundary runs north/south along the western
side of NYS Route 110 with approximately 450 feet of frontage. The
northern boundary runs along Melville Road for just over 1,000 feet.
§ 9. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 10. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 11. This act shall take effect immediately.
SUBPART B
S. 8306--B 76
Section 1. Legislative findings. The legislature finds that the state
university of New York at Stony Brook ("Stony Brook") seeks to use
approximately 10 acres of underutilized land on Stony Brook's Southamp-
ton campus to build multi-purpose facilities to support affordable hous-
ing needs and supporting amenities, fulfilling a necessary and vital
public purpose. The legislature further finds that granting the trus-
tees of the State University of New York ("Trustees") the authority and
power to lease and otherwise contract to make available grounds and
facilities of Stony Brook's campus will ensure such land is utilized for
the benefit of Stony Brook, the surrounding community, and the general
public.
§ 2. Notwithstanding any other law to the contrary, the Trustees are
authorized and empowered, without any public bidding, to lease and
otherwise contract to make available to the New York housing opportunity
corporation a portion of the lands of Stony Brook generally described in
this act for the purpose of developing, constructing, maintaining and
operating multi-purpose facilities to support affordable housing needs
and supporting amenities, as permitted by the New York housing opportu-
nity corporation act. Such lease or contract shall be for a period not
exceeding ninety-nine years without any fee simple conveyance and other-
wise upon terms and conditions determined by such trustees, subject to
the approval of the director of the division of the budget, the attorney
general and the state comptroller. In the event that the real property
that is the subject of such lease or contract shall cease to be used for
the purpose described in this act, such lease or contract shall imme-
diately terminate and the real property and any improvements thereon
shall revert to the state university of New York. Any lease or contract
entered into pursuant to this act shall provide that the real property
that is the subject of such lease or contract and any improvements ther-
eon shall revert to the state university of New York on the expiration
of such contract or lease. Any and all proceeds related to the leases
authorized by this act shall be used for the benefit of the Stony Brook
campus and the allocation of such proceeds shall be subject to approval
by the Trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state.
§ 5. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
S. 8306--B 77
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 6. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 7. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 8. The property authorized by this act to be leased to the ground
lessee is generally described as approximately 10 acres of land situated
on the Southampton campus of the state university of New York at Stony
Brook, subject to all existing easements and restrictions of record.
§ 9. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 10. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 11. This act shall take effect immediately.
SUBPART C
Section 1. Notwithstanding the provisions of section 400 of the trans-
portation law, or any other provision of law to the contrary, the
commissioner of transportation is hereby authorized and empowered to,
without any public bidding, lease and otherwise contract to make avail-
able to the New York housing opportunity corporation (the "ground
lessee") for the purpose of developing, constructing, maintaining and
operating multi-purpose facilities to support affordable housing needs
and supporting amenities as permitted by the New York housing opportu-
nity corporation act, certain state-owned real property, as described in
section two of this act. Such lease or contract shall be for a period
not exceeding ninety-nine years without any fee simple conveyance and
otherwise upon terms and conditions determined by the commissioner of
transportation, subject to the approval of the director of the division
of the budget, the attorney general and the state comptroller. In the
event that the real property that is the subject of such lease or
contract shall cease to be used for the purpose described in this act,
such lease or contract shall immediately terminate and the real property
and any improvements thereon shall revert to the department of transpor-
tation. Any lease or contract entered into pursuant to this act shall
provide that the real property that is the subject of such lease or
contract and any improvements thereon shall revert to the department of
transportation on the expiration of such contract or lease.
§ 2. The lands authorized by this act to be leased consist of two
parcels of land in the town of Babylon, Suffolk county, constituting tax
map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
S. 8306--B 78
generally described as approximately twelve and one-half acres of land
located north of Conklin Street and east of Route 110.
§ 3. The description in section two of this act of the lands to be
conveyed is not intended to be a legal description and is intended only
to identify the premises to be conveyed.
§ 3-a. Any contract or lease entered into pursuant to this act shall
be deemed to be a state contract for purposes of article 15-A of the
executive law, and any contractor, subcontractor, lessee or sublessee
entering into such contract or lease for the construction, demolition,
reconstruction, excavation, rehabilitation, repair, renovation, alter-
ation or improvement authorized pursuant to this act shall be deemed a
state agency for the purposes of article 15-A of the executive law and
subject to the provisions of such article.
§ 3-b. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state.
§ 3-c. Without limiting the determination of the terms and conditions
of such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 3-d. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 3-e. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 3-f. The department of transportation shall not lease lands
described in this act unless any such lease shall be executed within 5
years of the effective date of this act.
§ 3-g. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 4. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or subpart of this part shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of that subpart or this part, but
shall be confined in its operation to the clause, sentence, paragraph,
S. 8306--B 79
subdivision, section, or subpart directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this part and each subpart herein
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 Q
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 floor area ratio (FAR) of any dwelling
or dwellings on a lot shall not exceed 12.0, except [that a]:
A. A fireproof class B dwelling in which six or more passenger eleva-
tors are maintained and operated in any city having a local zoning law,
ordinance or resolution restricting districts in such city to residen-
tial 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, ordi-
nance or resolution to residential uses.
B. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE PERMITTED
FLOOR AREA RATIO (FAR) OF ANY DWELLING OR DWELLINGS ON A LOT MAY EXCEED
12.0 PROVIDED THAT:
(1) SUCH CITY APPROVES ANY INCREASE IN SUCH PERMITTED FLOOR AREA RATIO
(FAR) IN ACCORDANCE WITH LOCAL REQUIREMENTS FOR PUBLIC REVIEW OF LAND
USE ACTIONS INCLUDING, WHERE APPLICABLE, SUCH CITY'S UNIFORM LAND USE
REVIEW PROCEDURE;
(2) SUCH CITY DESIGNATES THE LOT WHERE SUCH DWELLING OR DWELLINGS ARE
LOCATED AS SUBJECT TO A PROGRAM ESTABLISHED IN THE ZONING LAW, ORDINANCE
OR RESOLUTION OF SUCH CITY THAT MANDATES THAT ANY NEW HOUSING ON DESIG-
NATED LOTS INCLUDE MINIMUM PERCENTAGES OF PERMANENTLY AFFORDABLE HOUS-
ING, INCLUDING, WHERE APPLICABLE, ANY MANDATORY INCLUSIONARY HOUSING
REQUIREMENTS; AND
(3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG-
NATED BY SUCH CITY AS A HISTORIC DISTRICT.
C. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, A GENERAL
PROJECT PLAN ADOPTED BY THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION
FOR A PROJECT MAY PERMIT A FLOOR AREA RATIO OF A DWELLING OR DWELLINGS
ON A LOT TO EXCEED 12.0 PROVIDED THAT:
(1) SUCH PROJECT INCLUDE AT LEAST THE SAME MINIMUM PERCENTAGE OF
PERMANENTLY AFFORDABLE HOUSING THAT SUCH PROJECT WOULD OTHERWISE HAVE TO
INCLUDE IF THE PROJECT HAD BEEN APPROVED PURSUANT TO A PROGRAM ESTAB-
LISHED IN THE ZONING LAW, ORDINANCE OR RESOLUTION OF SUCH CITY MANDATING
THAT NEW HOUSING ON DESIGNATED LOTS INCLUDE MINIMUM PERCENTAGES OF
PERMANENTLY AFFORDABLE HOUSING, INCLUDING, WHERE APPLICABLE, ANY MANDA-
TORY INCLUSIONARY HOUSING REQUIREMENTS; AND
(2) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG-
NATED BY SUCH CITY AS A HISTORIC DISTRICT.
§ 2. This act shall take effect immediately.
PART R
S. 8306--B 80
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:
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-FIVE 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 EIGHTY 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 RENTAL 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.
S. 8306--B 81
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, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
ELIGIBLE MULTIPLE DWELLING.
M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH
WAS SUBJECT TO AN ELIGIBLE CONVERSION 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-
THREE; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-
FIRST, TWO THOUSAND THIRTY-NINE.
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. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A
STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, 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, MANUFAC-
TURING 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 AGEN-
CY.
V. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
W. "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.
S. 8306--B 82
X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
UNITS.
Y. "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.
Z. "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, AN EIGHTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE
MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY-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
MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY-FOUR PERCENT EXEMPTION FROM
REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY-TWO
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 FORTY-EIGHT
PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOP-
MENT AREA, A THIRTY-NINE 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 DEVELOP-
MENT AREA, A THIRTY-TWO PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE
MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-SIX PERCENT EXEMPTION FROM
REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS;
AND (VI) FOR THE NINETEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN
THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTEEN PERCENT EXEMPTION FROM
REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTEEN
PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
FOR LOCAL IMPROVEMENTS.
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
S. 8306--B 83
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 AFFORDABILITY REQUIREMENT DEFINED IN PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING 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
S. 8306--B 84
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; (III) THE
ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND (IV)
SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH REQUIREMENTS MAY
INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR 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 BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
FITS PROVIDED PURSUANT TO THIS SECTION 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;
S. 8306--B 85
(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.
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.
S. 8306--B 86
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-
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 BENEFIT PROVIDED PURSUANT TO THIS
SECTION, 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 REQUIREMENTS 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.
S. 8306--B 87
§ 3. This act shall take effect immediately.
PART S
Intentionally Omitted
PART T
Intentionally Omitted
PART U
Intentionally Omitted
PART V
Section 1. Section 602 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ALLOWING
FOR STUDENTS ENROLLED IN AN APPROVED POSTSECONDARY EDUCATION EXPERIENCE
OR TRANSITION PROGRAM TO RECEIVE FINANCIAL ASSISTANCE FROM THE TUITION
ASSISTANCE PROGRAM.
§ 2. Section 667 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION PROGRAMS. A.
NOTWITHSTANDING SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION, THE
PRESIDENT SHALL MAKE AWARDS TO STUDENTS WITH INTELLECTUAL DISABILITIES
IN APPROVED POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION PROGRAMS IN
THE SAME MANNER AS STUDENTS ENROLLED IN AN APPROVED PROGRAM AT A
DEGREE-GRANTING INSTITUTION INCLUDING THE SAME INCOME LIMITS AND AWARDS
FOR EACH YEAR.
B. AN APPROVED POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION
PROGRAM SHALL:
(I) SERVE STUDENTS WITH INTELLECTUAL DISABILITIES;
(II) PROVIDE INDIVIDUAL SUPPORTS AND SERVICES FOR THE ACADEMIC AND
SOCIAL INCLUSION OF STUDENTS WITH INTELLECTUAL DISABILITIES IN ACADEMIC
COURSES, EXTRACURRICULAR ACTIVITIES, AND OTHER ASPECTS OF THE INSTITU-
TION OF HIGHER EDUCATION'S REGULAR POSTSECONDARY PROGRAM;
(III) PROVIDE A FOCUS ON:
(A) ACADEMIC ENRICHMENT;
(B) SOCIALIZATION;
(C) INDEPENDENT LIVING SKILLS, INCLUDING SELF-ADVOCACY SKILLS; AND
(D) INTEGRATED WORK EXPERIENCES AND CAREER SKILLS THAT LEAD TO GAINFUL
EMPLOYMENT;
(IV) INTEGRATE PERSON-CENTERED PLANNING IN THE DEVELOPMENT OF THE
COURSE OF STUDY FOR EACH STUDENT WITH AN INTELLECTUAL DISABILITY;
(V) CREATE AND OFFER A MEANINGFUL CREDENTIAL FOR STUDENTS WITH INTEL-
LECTUAL DISABILITIES UPON THE COMPLETION OF THE POSTSECONDARY EDUCATION
EXPERIENCE OR TRANSITION PROGRAM; AND
(VI) BE A FEDERALLY APPROVED COMPREHENSIVE TRANSITION AND POSTSECON-
DARY PROGRAM.
C. FOR THE PURPOSES OF THIS SUBDIVISION, "STUDENTS WITH INTELLECTUAL
DISABILITIES" SHALL MEAN A STUDENT WITH AN IMPAIRMENT OF GENERAL INTEL-
S. 8306--B 88
LECTUAL FUNCTIONING OR ADAPTIVE BEHAVIOR WHICH CONSTITUTES A SUBSTANTIAL
HANDICAP TO THE STUDENT'S ABILITY TO FUNCTION NORMALLY IN SOCIETY AND
WHICH HAS ORIGINATED AT ANY POINT IN THE STUDENT'S LIFE.
§ 3. This act shall take effect immediately.
PART W
Section 1. Subdivision 3 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, paragraph a as amended by section 1
and subparagraph (iv) of paragraph b as amended by section 3 of part B
of chapter 60 of the laws of 2000, clause (A) of subparagraph (i) of
paragraph a as amended by section 1 and subparagraphs (i) and (ii) of
paragraph b as amended by section 2 of part DD of chapter 56 of the laws
of 2021, subparagraph (iii) of paragraph a as amended by section 3 of
part H and paragraph c as relettered by section 2 of part J of chapter
58 of the laws of 2011 and paragraph b as amended by chapter 309 of the
laws of 1996, is amended to read as follows:
3. Tuition assistance program awards.
a. Amount. The president shall make awards to students enrolled in
degree-granting institutions or registered not-for-profit business
schools qualified for tax exemption under § 501(c)(3) of the internal
revenue code for federal income tax purposes in the following amounts:
(i) For each year of undergraduate study, assistance shall be provided
as computed on the basis of the amount which is the lesser of the
following:
(A) [(1) In the case of students who have not been granted an exclu-
sion of parental income, who have qualified as an orphan, foster child,
or ward of the court for the purposes of federal student financial aid
programs authorized by Title IV of the Higher Education Act of 1965, as
amended, or had a dependent for income tax purposes during the tax year
next preceding the academic year for which application is made, except
for those students who have been granted exclusion of parental income
who have a spouse but no other dependent:
(a)] Five thousand dollars, except starting in two thousand fourteen-
two thousand fifteen such students shall receive five thousand one
hundred sixty-five dollars, and except starting in two thousand twenty-
one--two thousand twenty-two [and thereafter] such students shall
receive five thousand six hundred sixty-five dollars, AND EXCEPT START-
ING IN TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE AND THEREAFT-
ER, SUCH STUDENTS SHALL RECEIVE SIX THOUSAND ONE HUNDRED SIXTY-FIVE
DOLLARS, provided however that nothing herein shall be construed as
increasing any award made pursuant to this section for an academic year
prior to two thousand [twenty-one]TWENTY-FOUR--two thousand [twenty-two]
TWENTY-FIVE; or
[(b)] (B) For undergraduate students enrolled in a program of study at
a non-public degree-granting institution that does not offer a program
of study that leads to a baccalaureate degree, or at a registered not-
for-profit business school qualified for tax exemption under section
501(c)(3) of the internal revenue code for federal income tax purposes
that does not offer a program of study that leads to a baccalaureate
degree, four thousand dollars, except starting in two thousand twenty-
one--two thousand twenty-two and thereafter such students shall receive
four thousand five hundred dollars. Provided, however, that this [subi-
tem] CLAUSE shall not apply to students enrolled in a program of study
leading to a certificate or degree in nursing[.]; OR
S. 8306--B 89
[(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph and those students who have been granted exclu-
sion of parental income who have a spouse but no other dependent begin-
ning in the two thousand twenty-one--two thousand twenty-two academic
year and thereafter, three thousand five hundred twenty-five dollars,
provided that nothing herein shall be construed as increasing any award
made for any prior academic year; or
(B)] (C) (1) Ninety-five percent of the amount of tuition (exclusive
of educational fees) charged and, if applicable, the college fee levied
by the state university of New York pursuant to the April first, nine-
teen hundred sixty-four financing agreement with the New York state
dormitory authority.
(2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional fees) charged and, if applicable, the college fee levied by the
state university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
(ii) [Except for students as noted in subparagraph (iii) of this para-
graph, the] THE base amount as determined from subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than seven thousand None
dollars
(B) Seven thousand dollars or Seven per centum of 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 TWENTY-FIVE excess over eighteen
thousand dollars thousand dollars
(iii) [(A) For students who have been granted exclusion of parental
income and were single with no dependent for income tax purposes during
the tax year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(1) Less than three thousand None
dollars
(2) Three thousand dollars or Thirty-one per centum of
more, but not more than ten amount in excess of three
thousand dollars thousand dollars
(B) For those students who have been granted exclusion of parental
income who have a spouse but no other dependent, for income tax purposes
during the tax year next preceding the academic year for which applica-
S. 8306--B 90
tion is made, the base amount, as determined in subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(1) Less than seven thousand None
dollars
(2) Seven thousand dollars or Seven per centum of excess
more, but less than eleven over seven thousand dollars
thousand dollars
(3) 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
(4) Eighteen thousand dollars or Nine hundred eighty dollars
more, but not more than forty plus twelve per centum of
thousand dollars excess over eighteen
thousand dollars
(iv)] If the amount of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student who
has received four or more payments pursuant to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be reduced by an additional one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
[(v)] (IV) The award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) [or (iii)] of this paragraph but the award shall not
be reduced for the two thousand--two thousand one and two thousand one-
-two thousand two academic years below two hundred seventy-five dollars
if the amount of income is [eighty] ONE HUNDRED TWENTY-FIVE thousand
dollars or less and more than seventy thousand dollars, three hundred
twenty-five dollars if the amount of income is seventy thousand dollars
or less and more than sixty thousand dollars and four hundred twenty-
five dollars if the amount of income is sixty thousand dollars or less.
[(vi)] (V) For the two thousand two--two thousand three academic year
and thereafter, the award shall be the net amount of the base amount
determined pursuant to subparagraph (i) of this paragraph reduced pursu-
ant to subparagraph (ii) [or (iii)] of this paragraph but the award
shall not be reduced below [five hundred] ONE THOUSAND dollars.
b. Amount. The president shall make awards to students enrolled in two
year programs offered in registered private business schools except for
registered not-for-profit business schools qualified for tax exemption
under section 501(c)(3) of the internal revenue code for federal income
tax purposes in the following amounts:
(i) For each year of study, assistance shall be provided as computed
on the basis of the amount which is the lesser of the following:
(A) [(1)] one thousand three hundred dollars[, or
(2) for students receiving awards pursuant to subparagraph (iii) of
this paragraph, one thousand one hundred forty dollars]; or
(B) (1) Ninety-five percent of the amount of tuition (exclusive of
educational fees) charged.
S. 8306--B 91
(2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional fees).
(ii) [Except for students as noted in subparagraph (iii) of this para-
graph, the] THE base amount as determined in subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than seven thousand None
dollars
(B) Seven thousand dollars or Seven per centum of the excess
more, but less than eleven over seven thousand dollars
thousand dollars
(iii) [For students who have been granted exclusion of parental income
and were single with no dependent for income tax purposes during the tax
year next preceding the academic year for which application is made, the
base amount, as determined in subparagraph (i) of this paragraph, shall
be reduced in relation to income as follows:
Amount of income Schedule of reduction of
base amount
(A) Less than three thousand None
dollars
(B) Three thousand dollars or Thirty-one per centum of the ex-
more, but not more than ten cess over three thousand dollars
thousand dollars
(iv)] If the amount of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student who
has received four or more payments pursuant to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be reduced by an additional one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
[(v)] (IV) The award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) [or (iii)] of this paragraph but the award shall not
be reduced below one hundred dollars. If the income exceeds the maximum
amount of income allowable under subparagraph (ii) [or (iii)] of this
paragraph, no award shall be made.
c. Restrictions. In no [even shall] EVENT shall any award:
(i) be made unless the annual tuition (exclusive of educational fees)
and, if applicable, the college fee levied by the state university of
New York pursuant to the April first, nineteen hundred sixty-four
financing agreement with the New York state dormitory authority charged
for the program in which the student is enrolled total at least two
hundred dollars; or
(ii) exceed the amount by which such annual tuition (exclusive of
educational fees) and, if applicable, the college fee levied by the
state university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
S. 8306--B 92
authority exceed the total of all other state, federal, or other educa-
tional aid that is received or receivable by such student during the
school year for which such award is applicable and that, in the judgment
of the commissioner, would duplicate the purposes of the award; or
(iii) be made when income exceeds the maximum income set forth in this
subdivision. The commissioner shall list in his regulations all major
state and federal financial aid available to New York state students and
identify any forms of aid that are duplicative of the purposes of the
tuition assistance program. For the purposes of this subdivision,
neither United States war orphan educational benefits nor benefits under
the veterans' readjustment act of nineteen hundred sixty-six shall be
considered as federal or other educational aid.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART X
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
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,
S. 8306--B 93
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.
PART Y
Section 1. Subdivisions 1 and 3 of section 592 of the labor law, as
amended by chapter 20 of the laws of 2020, are amended to read as
follows:
1. Industrial controversy. (a) The accumulation of benefit rights by a
claimant shall be suspended during a period of [two consecutive weeks]
ONE WEEK beginning with the day after such claimant lost his or her
employment because of a strike or other industrial controversy except
for lockouts, including concerted activity not authorized or sanctioned
by the recognized or certified bargaining agent of the claimant, and
other concerted activity conducted in violation of any existing collec-
tive bargaining agreement, in the establishment in which he or she was
employed, except that benefit rights may be accumulated before the expi-
ration of such [two] ONE week period beginning with the day after such
strike or other industrial controversy was terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employ-
ee's position. A replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be able
to return to his or her prior position upon conclusion of the strike, in
the event the strike terminates prior to the conclusion of the employ-
ee's eligibility for benefit rights under this chapter. In the event the
employer does not permit such return after such certification, the
employee shall be entitled to recover any benefits lost as a result of
the [two] ONE week suspension of benefits, and the department may impose
a penalty upon the employer of up to seven hundred fifty dollars per
S. 8306--B 94
employee per week of benefits lost. The penalty collected shall be paid
into the unemployment insurance control fund established pursuant to
section five hundred fifty-two-b of this article; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial
controversy that caused his or her unemployment and is not participating
in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy
that caused his or her unemployment and is not participating in the
industrial controversy.
3. Terms of suspension. [No] THE waiting period [may be served during
a] AND suspension period SHALL BE SERVED CONCURRENTLY.
The suspension of accumulation of benefit rights shall not be termi-
nated by subsequent employment of the claimant irrespective of when the
claim is filed except as provided in subdivision one and shall not be
confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven
consecutive calendar days.
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivisions 1, 2 and 3 of section 20 of the workers'
compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
vision 1 is added to read as follows:
1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY
UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED
BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS.
§ 2. Subdivision 2 of section 20 of the workers' compensation law,
as amended by chapter 635 of the laws of 1996 and as renumbered by
section one of this act, is amended to read as follows:
2. [At any time after the expiration of the first seven days of disa-
bility on the part of an injured employee, or at any time after the
employee's death, a claim for compensation may be presented to the
employer or to the chair. The] WITHIN SIXTY DAYS AFTER A CLAIM FOR
COMPENSATION HAS BEEN INDEXED, THE board shall HOLD AN INITIAL HEARING
FOR EACH CLAIM IN WHICH THE INJURED WORKER ASSERTS LOST WAGES OR LOST
TIME DUE TO INJURY AND SHALL have full power and authority to determine
all questions in relation to the payment of claims presented to it for
compensation under the provisions of this chapter. The chair or board
shall THEREAFTER make or cause to be made such investigation as it deems
necessary, and upon application of either party OR AN ATTORNEY REPRES-
ENTING EITHER PARTY, shall order a hearing BEFORE A REFEREE TO TAKE
PLACE WITHIN FORTY-FIVE CALENDAR DAYS OF THE APPLICATION FROM EITHER
PARTY, and within thirty days after a claim for compensation is submit-
ted under this section, or such hearing closed, shall make or deny an
award, determining such claim for compensation, and file the same in the
office of the chair. NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN
ATTORNEY PURSUANT TO THIS SECTION SHALL BE SUBJECT TO LIMITATIONS,
PREREQUISITES, OR PENALTIES IMPOSED BY THE BOARD. Immediately after such
filing the chair shall send to the parties a copy of the decision. Upon
a hearing pursuant to this section either party may present evidence and
be represented by counsel. The decision of the board shall be final as
to all questions of fact, and, except as provided in section twenty-
three of this article, as to all questions of law. Except as provided
in section twenty-seven of this article, all awards of the board shall
S. 8306--B 95
draw simple interest from thirty days after the making thereof at the
rate provided in section five thousand four of the civil practice law
and rules. Whenever a hearing or proceeding for the determination of a
claim for compensation is begun before a referee, pursuant to the
provisions of this chapter, such hearing or proceeding or any adjourned
hearing thereon shall continue before the same referee until a final
determination awarding or denying compensation, except in the absence,
inability or disqualification to act of such referee, or for other good
cause, in which event such hearing or proceeding may be continued before
another referee by order of the chair or board.
§ 3. Paragraph (c) of subdivision 3 of section 25 of the workers'
compensation law, as amended by chapter 61 of the laws of 1986, is
amended to read as follows:
(c) The board shall keep an accurate record of all hearings held. ALL
DECISIONS SHALL BE ISSUED TO THE INJURED WORKER IN THEIR NATIVE
LANGUAGE. Whenever a hearing must be continued or adjourned because the
carrier or employer has engaged in dilatory tactics or exhibited unjus-
tified lack of preparedness, the board shall impose a penalty of twen-
ty-five dollars to be paid to the fund created by subdivision two of
section one hundred fifty-one of this chapter and shall in addition make
an award of seventy-five dollars payable to the injured worker or his or
her dependants. Dilatory tactics may include but shall not be limited
to: failing to subpoena medical witnesses or to secure an order to show
cause as directed by the referee, failing to bring proper files, failing
to appear, failing to produce witnesses or documents after they have
been requested by the referee or examiner or as directed by the hearing
notice, unnecessarily protracting the production of evidence, or engag-
ing in a pattern of delay which unduly delays resolution, except that no
penalty shall be imposed nor award made under this subdivision if the
carrier or employer produces evidence sufficient to excuse its conduct
to the satisfaction of the referee.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART AA
Section 1. This act enacts into law major components of legislation
which are necessary to implement the New York healthy incentive program.
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 Part, includ-
ing the effective date of the Subpart, 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 Subpart in which it is found. Section three of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. The social services law is amended by adding a new section
95-b to read as follows:
§ 95-B. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP). 1. LEGISLATIVE
FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT HEALTHY FOOD
INCENTIVE PROGRAMS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL, SOCIAL, AND
ECONOMIC BENEFITS TO THE GENERAL PUBLIC, ESPECIALLY FOR THOSE INDIVID-
S. 8306--B 96
UALS WHO HAVE HISTORICALLY BEEN EXCLUDED FROM ACCESS TO FRESH PRODUCE;
IN FOOD DESERTS WHERE ACCESS TO HEALTHY AND AFFORDABLE FOOD IS LIMITED
OR WHERE THERE ARE NO GROCERY STORES; AND LOCAL FARMERS WHO STRUGGLE TO
COMPETE WITH IMPORTED GOODS AND PRODUCE. FURTHERMORE, IT IS THE ARTIC-
ULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH IN THE
NUMBER OF FARM TO CONSUMER ENTITIES ACCEPTING SUPPLEMENTAL NUTRITION
ASSISTANCE BENEFITS AND PARTICIPATE IN THE HEALTHY FOOD INCENTIVE
PROGRAM. THE HEALTHY FOOD INCENTIVE PROGRAM PROVIDES EARNED DOLLARS FOR
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS TO SPEND ON LOCAL
HEALTHY FOOD THAT IS FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO
READILY AFFORD OR HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR
THEMSELVES OR THEIR FAMILIES; PROMOTES HEALTHIER INDIVIDUAL LIFESTYLES
BY INCENTIVIZING BETTER EATING HABITS; FOSTERS THE RETENTION AND EXPAN-
SION OF FARM TO CONSUMER ENTITIES, PARTICULARLY IN FOOD INSECURE ENVI-
RONMENTS; ENGENDERS A CLOSER RELATIONSHIP BETWEEN COMMUNITIES AND LOCAL
FARMERS; INCREASES CAPACITY FOR LOCAL FARMS; AND STIMULATES LOCAL ECONO-
MIES. IT IS THEREFORE THE INTENT OF THE LEGISLATURE AND THE PURPOSE OF
THIS SECTION TO CREATE A STATE OPERATED HEALTHY FOOD INCENTIVE PROGRAM,
KNOWN AS THE NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP), FOR ALL SNAP
RECIPIENTS AND LOCAL ECONOMIES ACROSS THE STATE.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION AND SECTION NINETY-
FIVE-C OF THIS TITLE:
A. "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE.
B. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.
C. "FARM TO CONSUMER ENTITIES" SHALL MEAN ANY SORT OF ENTERPRISE THAT
ALLOWS LOCAL FARMERS TO SELL THEIR PRODUCE AND OTHER PRODUCTS DIRECTLY
TO THE CONSUMER, SUCH AS FARMERS MARKETS, CO-OPS, LOCALLY SOURCED COMMU-
NITY OWNED GROCERY STORES, AND COMMUNITY SUPPORTED AGRICULTURE, AS
DETERMINED BY THE COMMISSIONER WITH INPUT FROM THE COMMISSIONER OF AGRI-
CULTURE AND MARKETS.
D. "LOCAL" OR "LOCALLY" SHALL MEAN LOCATED WITHIN THE STATE OF NEW
YORK, HOWEVER, IF NEIGHBORING STATES CREATE THEIR OWN HEALTHY INCENTIVE
PROGRAMS THE OFFICE MAY MAKE AGREEMENTS OF RECIPROCITY TO ALLOW SNAP
BENEFICIARIES TO EARN DOLLAR REWARDS FOR THE PURCHASE OF HEALTHY FOODS
FROM SUCH NEIGHBORING STATE AND MAY PLACE A BOUNDARY LIMITATION BASED ON
DISTANCE FROM STATE LINES.
E. "LOCAL HEALTHY FOOD" SHALL MEAN ANY AGRICULTURAL PRODUCT THAT
PROVIDES NUTRITIONAL SUPPORT TO HUMANS SUCH AS PRODUCE, DAIRY, MEAT AND
PROCESSED FOODS THAT MUST CONSIST OF INGREDIENTS THAT ARE GROWN AND
CULTIVATED IN THE STATE OF NEW YORK, BUT MAY BE PROCESSED ELSEWHERE. FOR
THE PURPOSES OF THIS PARAGRAPH, "PROCESSED FOODS" SHALL MEAN ANY RAW
AGRICULTURAL COMMODITIES THAT HAVE BEEN MILLED, CUT, CHOPPED, HEATED,
PASTEURIZED, BLANCHED, COOKED, CANNED, FROZEN, DRIED, DEHYDRATED, OR
MIXED, AND SHALL CONSIST OF AT LEAST SEVENTY-FIVE PERCENT OF LOCAL
INGREDIENTS.
F. "SIMILARLY SITUATED ENTITIES" SHALL MEAN STORES OF ANY SIZE THAT
HAVE AGREED TO AND SIGNED A MEMORANDUM OF UNDERSTANDING DETAILING HOW
THEY WILL PRIORITIZE SOURCING PRODUCE AND OTHER HEALTHY FOODS LOCALLY,
AGREE TO GOAL METRICS TO INCREASE THEIR ABILITY TO LOCALLY SOURCE, AND
MEET THOSE METRICS TO MAINTAIN THEIR HEALTHY FOOD INCENTIVE PROGRAM
PARTICIPATION. FOR THE PURPOSES OF THIS PARAGRAPH, "STORES" SHALL MEAN
ANY NOT FARM TO CONSUMER PRODUCE RETAILER THAT IS CURRENTLY AUTHORIZED
AS AN ELECTRONI