S T A T E O F N E W Y O R K
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4425
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. REYES, L. ROSENTHAL, EPSTEIN, ANDERSON, DAVILA,
BURGOS, FORREST, GALLAGHER, WEPRIN, MITAYNES, TAYLOR, SIMON, SEPTIMO,
SAYEGH, JACKSON, GONZALEZ-ROJAS, CRUZ, CARROLL, DINOWITZ, SEAWRIGHT,
BICHOTTE HERMELYN, LAVINE, CLARK, KIM, McDONOUGH, MAMDANI, FALL,
TAPIA, BENEDETTO, BURDICK, HEVESI, JOYNER, OTIS, RIVERA, ZINERMAN,
REILLY, GIBBS, DARLING, COLTON, COOK, DE LOS SANTOS, PAULIN -- read
once and referred to the Committee on Higher Education
AN ACT to amend the education law and the state finance law, in relation
to enacting The New Deal for CUNY
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This enacts "The New Deal for CUNY".
§ 2. Legislative intent. The Legislature hereby recognizes the need
for The New Deal for CUNY to ensure that the commitment the Legislature
articulated in establishing the city university of New York is extended
to present and future generations. The 1961 legislation recognized that
the creation of a city university as a single unified system was "justi-
fied" by the special needs of a multi-racial urban constituency and the
"vital importance" of creating opportunities for disadvantaged New York-
ers. Those needs have only grown in the half-century since the Legisla-
ture's action. Yet CUNY's ability to fulfill them has diminished as
enrollment has skyrocketed and investment has failed to keep pace. The
New Deal for CUNY reimagines CUNY as the vital urban university it must
be if it is to serve the people of New York. It enhances CUNY's historic
role as a leader in educational justice and economic transformation.
This legislation restores free tuition, ensures adequate faculty staff-
ing, and aligns student support with nationally recommended standards.
In doing so, The New Deal for CUNY restores New York to national leader-
ship in public higher education and removes the barriers to student
success that have prevented thousands of CUNY students from realizing
the full potential of a college degree. The New Deal for CUNY gradually
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01527-01-3
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increases the ratio of students to full-time faculty at CUNY to
nationally recommended levels, with a special emphasis on racial and
ethnic diversity in hiring. It also replaces the system of underpayment
for contingent faculty with a dignified labor system that provides
students with the support they urgently need. CUNY students, perhaps
more than any other college population in the country, bear stresses
that make it extraordinarily difficult to stay in college, sometimes
even to survive. The New Deal for CUNY addresses the urgent need for
student support by gradually escalating the hiring of mental health and
other counselors to bring CUNY into line with national standards. The
New Deal for CUNY mandates that all tuition and student fees for
in-state undergraduate students within specified time-frames for
completion of degree be eliminated, and that the revenue to the colleges
that would otherwise derive from tuition and fees be replaced annually
by federal, state, and city funds.
§ 3. Subdivision A of section 6221 of the education law is amended by
adding a new paragraph 4-b to read as follows:
4-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, SUBJECT TO AMOUNTS MADE AVAILABLE BY APPROPRIATION,
COMMENCING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
ACADEMIC YEAR, THE CITY UNIVERSITY SHALL BE ENTITLED TO ANNUALLY RECEIVE
ONE HUNDRED PERCENT REIMBURSEMENT FOR THE ANNUAL COST OF TUITION AND
STUDENT FEES FOR EACH MATRICULATED UNDERGRADUATE STUDENT AT A CITY
UNIVERSITY SENIOR COLLEGE AND COMMUNITY COLLEGE WHO IS ENROLLED IN
CREDIT-BEARING ACADEMIC COURSEWORK AND IS ON TRACK TO GRADUATE. THE
STATE COMPTROLLER SHALL ESTABLISH A SEPARATE FUND FOR SUCH MONIES TO BE
DISTRIBUTED TO THE CITY UNIVERSITY OF NEW YORK. THE CITY UNIVERSITY
SHALL RECEIVE AN AMOUNT EQUAL TO THE FULL COST OF IN-STATE UNDERGRADUATE
TUITION AND STUDENT FEES FOR EACH QUALIFYING, MATRICULATED STUDENT WHO
SUCCESSFULLY COMPLETES CREDIT-BEARING ACADEMIC COURSEWORK AND IS ON
TRACK TO GRADUATE. THE FULL COST OF TUITION SHALL NOT INCLUDE ANY ADDI-
TIONAL FUNDS THE STUDENT MAY RECEIVE FROM ANY OTHER NEW YORK STATE OR
FEDERAL GRANT, AWARD, OR SCHOLARSHIP PROGRAM. THE DEPOSIT OF THESE FUNDS
SHALL BE UTILIZED AS FIRST DOLLAR AWARDS TO THE STUDENTS AT THE CITY
UNIVERSITY. ANY STUDENT NOT SUCCESSFULLY COMPLETING CREDIT-BEARING
ACADEMIC COURSEWORK IN A SEMESTER SHALL STILL BE ELIGIBLE TO RECEIVE ALL
OTHER GRANTS, AWARDS, AND SCHOLARSHIPS FOR WHICH THEY QUALIFY BUT SHALL
NOT BE ELIGIBLE FOR THE TUITION AND STUDENT FEE REIMBURSEMENT DESCRIBED
HEREIN. STUDENTS SHALL BE ELIGIBLE TO RECEIVE A ONE SEMESTER EXEMPTION
FROM THE REQUIREMENT TO COMPLETE CREDIT-BEARING ACADEMIC COURSEWORK FOR
SUCH TUITION REIMBURSEMENT AS PROMULGATED BY THE HIGHER EDUCATION
SERVICES CORPORATION. SUCH EXEMPTION SHALL NOT PRECLUDE ANY STUDENT FROM
EXERCISING THEIR RIGHT TO APPEAL PURSUANT TO HIGHER EDUCATION SERVICES
CORPORATION POLICY. THE STATE COMPTROLLER SHALL DEPOSIT SUCH MONIES WITH
THE CITY UNIVERSITY NO LATER THAN THIRTY DAYS AFTER THE START OF THE
SEMESTER.
§ 4. Section 6206 of the education law is amended by adding three new
subdivisions 22, 23 and 24 to read as follows:
22. EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY
OF NEW YORK SHALL MAINTAIN, AT A MINIMUM, A RATIO OF ONE CLINICAL, NON-
STUDENT MENTAL HEALTH STAFF MEMBER PER ONE THOUSAND STUDENTS. WITHIN TWO
YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, EACH COMMUNITY AND
SENIOR COLLEGE SHALL ESTABLISH, AND REQUIRE A MEETING OF, A BOARD OF
ADVISORS HAVING EXPERTISE IN THE AREA OF CLINICAL MENTAL HEALTH
SERVICES. THE ADVISORY BOARDS SHALL, USING CURRENT DATA, UPDATE AND
MODIFY, AS NECESSARY, SUCH RATIOS BASED ON ACTUAL RATIOS IN THIS STATE
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AND ANY NEW INFORMATION RELATED TO APPROPRIATE BENCHMARKS FOR CLINI-
CIAN-TO-STUDENT RATIOS. DATA COLLECTED BY THE ADVISORY BOARDS MAY BE
USED AS A MEANS TO INCREASE THE NUMBER OF MENTAL HEALTH STAFF MEMBERS.
IN NO EVENT SHALL THE RATIO FALL BELOW ONE CLINICAL, NON-STUDENT MENTAL
HEALTH STAFF MEMBER PER ONE THOUSAND STUDENTS. FOLLOWING THE INITIAL
MEETING, ADVISORY BOARDS SHALL MEET ONCE EVERY FIVE YEARS. THIS SUBDIVI-
SION SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION. COMMUNITY COLLEGES AND SENIOR
COLLEGES IN THE CITY UNIVERSITY OF NEW YORK MAY SEEK FEDERAL FUNDING OR
PRIVATE GRANTS, IF AVAILABLE, TO FURTHER EXPAND AND SUPPORT THE
PROVISIONS OF THIS SUBDIVISION. ANY FACULTY AND STAFF HIRED THROUGH THE
ASSISTANCE OF FEDERAL FUNDING OR PRIVATE GRANTS PURSUANT TO THIS SUBDI-
VISION SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND
COVERED UNDER ANY COLLECTIVELY BARGAINED CONTRACTS IN THEIR RESPECTIVE
BARGAINING UNITS. THE CITY UNIVERSITY SHALL REPORT ANNUALLY, ON JULY
FIRST, TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE
ON THE FOLLOWING CRITERIA:
A. THE RATIO OF CLINICAL AND NON-STUDENT MENTAL HEALTH STAFF EMPLOYED
AND WHAT THAT NUMBER EQUATES TO PER STUDENT;
B. THE NUMBER OF FULL-TIME MENTAL HEALTH STAFF, AND NUMBER OF PART-
TIME MENTAL HEALTH STAFF PER CAMPUS, INCLUDING THOSE WHO MAY NOT POSSESS
THE TITLE MENTAL HEALTH STAFF BUT ARE PRIMARILY EMPLOYED TO PERFORM AND
CARRY OUT THE DUTIES TYPICALLY ASSIGNED TO, AND FUNCTION AS, MENTAL
HEALTH STAFF; AND
C. THE MEAN AND MEDIAN NUMBER OF STUDENTS RECEIVING SERVICES PER
CAMPUS IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEM-
IC YEAR AND IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED FROM
FULL-TIME MENTAL HEALTH STAFF, AND FROM PART-TIME ACADEMIC ADVISOR.
23. COMMENCING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
FIVE ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING RATIO
OF FORTY-FIVE FULL-TIME FACULTY MEMBERS PER ONE THOUSAND FULL-TIME
EQUIVALENT STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR
COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM
ACADEMIC STAFFING RATIO OF FIFTY FULL-TIME FACULTY MEMBERS PER ONE THOU-
SAND FULL-TIME EQUIVALENT STUDENTS. COMMENCING IN THE TWO THOUSAND
TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN ACADEMIC YEAR EACH COMMUNITY
COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL
MAINTAIN A MINIMUM ACADEMIC STAFFING RATIO OF FIFTY-FIVE FULL-TIME
FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT STUDENTS.
COMMENCING IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT
ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING RATIO
OF SIXTY FULL-TIME FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT
STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-EIGHT--TWO THOUSAND
TWENTY-NINE ACADEMIC YEAR AND EACH YEAR THEREAFTER, EACH COMMUNITY
COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL
MAINTAIN A MINIMUM ACADEMIC STAFFING RATIO OF SIXTY-FIVE FULL-TIME
FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT STUDENTS. THIS
SUBDIVISION SHALL NOT BE FUNDED BY STUDENT FEES CREATED ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION. ANY FACULTY OR STAFF HIRED THROUGH
THE ASSISTANCE OF FEDERAL FUNDING OR PRIVATE GRANTS PURSUANT TO THIS
SUBDIVISION SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOY-
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EES AND COVERED UNDER ANY COLLECTIVELY BARGAINED CONTRACTS IN THEIR
RESPECTIVE BARGAINING UNITS. THE CITY UNIVERSITY SHALL UTILIZE NATIONAL
SEARCHES TO ENSURE RECRUITMENT OF DIVERSE FACULTY FROM UNDERREPRESENTED
RACIAL, ETHNIC, AND GENDER GROUPS, AND PRIORITIZE THE CREATION OF FULL-
TIME FACULTY POSITIONS FOR ADJUNCT FACULTY CURRENTLY EMPLOYED BY THE
UNIVERSITY IN ORDER TO MEET THE MINIMUM ACADEMIC STAFFING RATIOS
DESCRIBED HEREIN. THE CITY UNIVERSITY SHALL REPORT ANNUALLY, ON JULY
FIRST, TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMIT-
TEE. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
CRITERIA:
A. DATA THAT INDICATES WHETHER THE CITY UNIVERSITY IS IN COMPLIANCE
WITH THE MANDATORY MINIMUM ACADEMIC STAFFING RATIOS ESTABLISHED PURSUANT
TO THIS SUBDIVISION;
B. THE NUMBER BY CAMPUS, IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
TWENTY-FIVE ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN WHICH THE REPORT
IS PREPARED, OF EACH FULL-TIME TENURED FACULTY, FULL-TIME TENURE-TRACK
FACULTY, FULL-TIME NON-TENURE TRACK FACULTY, INCLUDING THOSE WHO MAY NOT
HAVE A FACULTY OR ACADEMIC JOB TITLE BUT PERFORM INSTRUCTIONAL DUTIES
AND NUMBER OF FACULTY LINES AND UNFILLED FACULTY POSITIONS;
C. THE MEAN AND MEDIAN CLASS SIZE BY CAMPUS IN THE TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR AND IN THE ACADEMIC YEAR
IN WHICH THE REPORT IS PREPARED, FOR FULL-TIME TENURED FACULTY, FULL-
TIME TENURE-TRACK FACULTY, AND FULL-TIME NON-TENURE TRACK FACULTY AND
INSTRUCTIONAL STAFF;
D. THE MEAN AND MEDIAN CLASS SIZE BY LEVEL FOR REMEDIAL ONE HUNDRED
LEVEL INTRODUCTORY COURSES, AND TWO HUNDRED LEVEL MID-LEVEL COURSES AND
ABOVE FOR COMPLETION OF AN ASSOCIATE DEGREE AND BACCALAUREATE DEGREE IN
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR AND
IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED;
E. THE NUMBER OF PART-TIME NON-TENURE TRACK FACULTY IN THE TWO THOU-
SAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR AND IN THE
ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED, INCLUDING THOSE WHO MAY
NOT HAVE A FACULTY OR ACADEMIC JOB TITLE BUT PERFORM INSTRUCTIONAL
DUTIES, BY CAMPUS; AND
F. THE MEAN AND MEDIAN CLASS SIZE BY CAMPUS FOR PART-TIME NON-TENURE
TRACK FACULTY AND INSTRUCTIONAL STAFF IN THE TWO THOUSAND TWENTY-FOUR--
TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN WHICH
THE REPORT IS PREPARED.
24. COMMENCING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
FIVE ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
UNIVERSITY OF NEW YORK SHALL MAINTAIN, AT A MINIMUM, A RATIO OF ONE
ACADEMIC ADVISOR PER SIX HUNDRED FULL-TIME EQUIVALENT STUDENTS. COMMENC-
ING IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC
YEAR, THE MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS AT EACH COMMUNITY
COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL BE
ONE ACADEMIC ADVISOR PER EVERY FOUR HUNDRED FULL-TIME EQUIVALENT
STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWEN-
TY-SEVEN ACADEMIC YEAR, THE MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS
AT EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF
NEW YORK SHALL BE ONE ACADEMIC ADVISOR FOR EVERY THREE HUNDRED FULL-TIME
EQUIVALENT STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-SEVEN--TWO
THOUSAND TWENTY-EIGHT ACADEMIC YEAR, AND EVERY YEAR THEREAFTER, THE
MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS AT EACH COMMUNITY COLLEGE
AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL BE ONE
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ACADEMIC ADVISOR FOR EVERY TWO HUNDRED FIFTY STUDENTS. THIS SUBDIVISION
SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR AFTER ITS
EFFECTIVE DATE. COMMUNITY COLLEGES AND SENIOR COLLEGES IN THE CITY
UNIVERSITY OF NEW YORK MAY SEEK FEDERAL FUNDING OR PRIVATE GRANTS, IF
AVAILABLE, TO FURTHER EXPAND AND SUPPORT THE PROVISIONS OF THIS SUBDIVI-
SION. ANY FACULTY AND STAFF HIRED THROUGH THE ASSISTANCE OF FEDERAL
FUNDING OR PRIVATE GRANTS PURSUANT TO THIS SUBDIVISION SHALL BE TREATED
AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND COVERED UNDER ANY
COLLECTIVELY BARGAINED CONTRACTS IN THEIR RESPECTIVE BARGAINING UNITS.
THE CITY UNIVERSITY SHALL REPORT ANNUALLY ON JULY FIRST TO THE CHAIR OF
THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE, AND THE
CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE. THE REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING CRITERIA:
A. WHETHER THE CITY UNIVERSITY IS IN COMPLIANCE WITH THE MANDATORY
MINIMUM ACADEMIC ADVISOR STAFFING RATIOS ESTABLISHED PURSUANT TO THIS
SUBDIVISION;
B. THE NUMBER OF FULL-TIME ACADEMIC ADVISORS PER CAMPUS, AND NUMBER OF
PART-TIME ACADEMIC ADVISORS, INCLUDING THOSE WHO MAY NOT POSSESS THE
TITLE ACADEMIC ADVISOR BUT ARE PRIMARILY EMPLOYED TO PERFORM AND CARRY
OUT THE DUTIES TYPICALLY ASSIGNED TO, AND FUNCTION AS, AN ACADEMIC ADVI-
SOR; AND
C. THE MEAN AND MEDIAN NUMBER OF STUDENT ADVISEES, PER FULL-TIME AND
PART-TIME ACADEMIC ADVISOR PER CAMPUS IN THE TWO THOUSAND TWENTY-FOUR--
TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN WHICH
THE REPORT IS PREPARED.
§ 5. The second undesignated paragraph of section 6220 of the educa-
tion law is amended by adding a new subparagraph 16-a to read as
follows:
16-A. PART-TIME AND ADJUNCT FACULTY SHALL RECEIVE WAGES AND COMPEN-
SATION EQUAL TO THOSE IN THE LECTURER TITLE OF THIS SECTION BASED ON
COMPARABLE HOURS, DUTIES AND LEVEL OF RESPONSIBILITY ASSIGNED TO THOSE
IN THE TITLE OF LECTURER. COMMENSURATE INCREASES IN WAGES AND COMPEN-
SATION FOR ADJUNCT FACULTY WITH PROFESSORIATE TITLES SHALL CORRELATE TO
THE APPROPRIATE PROFESSOR, ASSOCIATE PROFESSOR, AND ASSISTANT PROFESSOR
TITLES AS BARGAINED.
§ 6. Section 22-c of the state finance law is amended by adding a new
subdivision 7 to read as follows:
7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-
THREE AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT
TO THE LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR
CAPITAL PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE OPERATED
CAMPUSES AND CITY UNIVERSITY OF NEW YORK SENIOR COLLEGES. SUCH PLANS
SHALL PROVIDE FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE
HUNDRED PERCENT OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY
EACH UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR
OTHER MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING FOR NEW
INFRASTRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES SHALL NOT COUNT
TOWARDS MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT. IN THE
EVENT THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRIT-
ICAL MAINTENANCE NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B
OF THIS CHAPTER, THE DIRECTOR OF THE BUDGET SHALL DEVELOP FIVE-YEAR
CAPITAL PLANS WHEREBY THE IMPLEMENTATION OF EACH CAPITAL PLAN WOULD
ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX FOR EACH UNIVERSITY
SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE RATIO OF DEFERRED
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MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF
CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE
SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE
BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND THE
CITY UNIVERSITY OF NEW YORK.
§ 7. This act shall take effect immediately.