[ ] is old law to be omitted.
LBD12672-04-6
A. 10006--B 2
education law, in relation to evidence-based mathematics instruction
(Part B); to amend the education law, in relation to eligibility for
the New York opportunity promise scholarship (Part C); intentionally
omitted (Part D); to amend the education law, in relation to tuition
rates of non-resident undergraduate and graduate students at the state
university of New York and city university of New York (Part E); to
amend the education law, in relation to early childhood educator
eligibility for the masters-in-education teacher incentive scholarship
program (Part F); to amend the state finance law, in relation to the
New York state music grant fund (Part G); intentionally omitted (Part
H); intentionally omitted (Part I); intentionally omitted (Part J);
intentionally omitted (Part K); to amend the social services law, in
relation to increasing the standards of monthly need for aged, blind
and disabled persons living in the community (Part L); to utilize
reserves in the mortgage insurance fund for various housing purposes
(Part M); to amend the not-for-profit corporation law, in relation to
the maximum number of land banks that can simultaneously exist in New
York state (Part N); intentionally omitted (Part O); intentionally
omitted (Part P); to amend the real property law, in relation to
establishing the homeowner protection program (Part Q); to amend the
state finance law, in relation to local share requirements associated
with increasing the age of juvenile jurisdiction (Part R); to amend
the social services law, in relation to implementing a cost estimation
model for child care (Part S); to amend the social services law, in
relation to prohibiting requiring parents or caretakers to earn a
minimum wage to be eligible for child care assistance (Part T); 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 U); to amend the education law, in
relation to increasing the income threshold for excelsior scholarship
(Part V); to amend the education law, in relation to expanding eligi-
bility for tuition assistance program awards (Part W); to amend the
state finance law, in relation to requiring the governor to submit
five-year capital plans for SUNY and CUNY senior colleges to the
legislature as part of the annual budget (Part X); to amend the educa-
tion law, in relation to tuition assistance program awards for gradu-
ate students (Part Y); to amend the education law, the public authori-
ties law and the state finance law, in relation to the New York
reinvests in student educational supports program (Part Z); and to
amend the education law, in relation to the New York state district
attorney and indigent legal services attorney loan forgiveness program
(Part AA)
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 2026-2027 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through AA. 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
A. 10006--B 3
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
2025, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
A. 10006--B 4
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
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
A. 10006--B 5
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-one--two thousand twenty-two school year;
and provided further that, a school district that submitted a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-three--two thousand twenty-four school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty-two--
two thousand twenty-three school year; 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;
and provided further that a school district that submitted a contract
for excellence for the two thousand twenty-four--two thousand twenty-
five 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-five--two thousand twenty-six 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-four-
-two thousand twenty-five school year; AND PROVIDED FURTHER THAT A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX 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-SIX--TWO THOUSAND
TWENTY-SEVEN 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-FIVE--TWO THOUSAND TWENTY-SIX 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
A. 10006--B 6
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. Subdivision 4 of section 3602 of the education law is amended
by adding a new paragraph g to read as follows:
G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUN-
DATION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 2-b. Subdivision 1 of section 3602 of the education law is amended
by adding a new paragraph kk to read as follows:
KK. "HOMELESS AND FOSTER COUNT" SHALL MEAN THE PRODUCT OF THE THREE-
YEAR COUNT OF STUDENTS EXPERIENCING HOMELESSNESS MULTIPLIED BY SIXTY-
FIVE HUNDREDTHS (0.65) PLUS THE PRODUCT OF THE THREE-YEAR COUNT OF
FOSTER STUDENTS MULTIPLIED BY SIXTY-FIVE HUNDREDTHS (0.65), WHERE:
(1) "STUDENTS EXPERIENCING HOMELESSNESS" SHALL BE EQUAL TO THE UNDU-
PLICATED COUNT OF STUDENTS WHO LACK A FIXED, REGULAR, AND ADEQUATE
NIGHTTIME RESIDENCE, INCLUDING A STUDENT WHO IS SHARING THE HOUSING OF
OTHER PERSONS DUE TO A LOSS OF HOUSING, ECONOMIC HARDSHIP, OR SIMILAR
REASON; LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE
TO THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS; ABANDONED IN HOSPI-
TALS; OR A MIGRATORY CHILD, AS DEFINED BY THE COMMISSIONER, WHO QUALI-
FIES AS HOMELESS UNDER ANY OF THE ABOVE PROVISIONS; OR HAS A PRIMARY
NIGHTTIME LOCATION THAT IS A SUPERVISED PUBLICLY OR PRIVATELY OPERATED
SHELTER DESIGNED TO PROVIDE TEMPORARY LIVING ACCOMMODATIONS INCLUDING,
BUT NOT LIMITED TO, SHELTERS OPERATED OR APPROVED BY THE STATE OR LOCAL
DEPARTMENT OF SOCIAL SERVICES, AND RESIDENTIAL PROGRAMS FOR RUNAWAY AND
HOMELESS YOUTH ESTABLISHED PURSUANT TO ARTICLE NINETEEN-H OF THE EXECU-
TIVE LAW OR A PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR, OR ORDINARILY
USED AS, A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A
CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING, SUBSTANDARD HOUSING, BUS,
TRAIN STATIONS, OR SIMILAR SETTING. HOMELESS STUDENTS DO NOT INCLUDE
CHILDREN IN FOSTER CARE PLACEMENTS OR WHO ARE RECEIVING EDUCATIONAL
SERVICES PURSUANT TO SUBDIVISION FOUR, FIVE, SIX, SIX-A, OR SEVEN OF
THIS SECTION OR PURSUANT TO ARTICLE EIGHTY-ONE, EIGHTY-FIVE, EIGHTY-SEV-
EN, OR EIGHTY-EIGHT OF THIS CHAPTER.
A. 10006--B 7
(2) THE "THREE-YEAR COUNT OF STUDENTS EXPERIENCING HOMELESSNESS" SHALL
BE EQUAL TO THE QUOTIENT OF (I) THE UNDUPLICATED COUNT OF STUDENTS EXPE-
RIENCING HOMELESSNESS FOR THE SCHOOL YEAR PRIOR TO THE BASE YEAR, PLUS
SUCH NUMBER FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, PLUS
SUCH NUMBER FOR THE SCHOOL YEAR THREE YEARS PRIOR TO THE BASE YEAR;
DIVIDED BY (II) THREE, ROUNDED TO FOUR DECIMALS.
(3) "FOSTER STUDENTS" SHALL BE EQUAL TO THE UNDUPLICATED COUNT OF
STUDENTS IN TWENTY-FOUR-HOUR SUBSTITUTE CARE FOR CHILDREN PLACED AWAY
FROM THEIR PARENTS AND FOR WHOM THE AGENCY UNDER TITLE IV-E OF THE
SOCIAL SECURITY ACT HAS PLACEMENT AND CARE RESPONSIBILITY. THIS
INCLUDES, BUT IS NOT LIMITED TO, PLACEMENTS IN FOSTER FAMILY HOMES,
FOSTER HOMES OF RELATIVES, GROUP HOMES, EMERGENCY SHELTERS, RESIDENTIAL
FACILITIES, CHILD CARE INSTITUTIONS, AND PRE-ADOPTIVE HOMES. A CHILD IS
IN FOSTER CARE IN ACCORDANCE WITH THIS DEFINITION REGARDLESS OF WHETHER
OR NOT THE FOSTER CARE FACILITY IS LICENSED AND PAYMENTS ARE MADE BY THE
STATE, TRIBAL, OR LOCAL AGENCY FOR THE CARE OF THE CHILD, WHETHER
ADOPTION SUBSIDY PAYMENTS ARE BEING MADE PRIOR TO THE FINALIZATION OF AN
ADOPTION, OR WHETHER THERE IS FEDERAL MATCHING OF ANY PAYMENTS THAT ARE
MADE.
(4) THE "THREE-YEAR COUNT OF FOSTER STUDENTS" SHALL BE EQUAL TO THE
QUOTIENT OF (I) THE UNDUPLICATED COUNT OF FOSTER STUDENTS FOR THE SCHOOL
YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO
YEARS PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE
YEARS PRIOR TO THE BASE YEAR; DIVIDED BY (II) THREE, ROUNDED TO FOUR
DECIMALS.
§ 2-c. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 4-a of part A of chapter 56 of the laws of
2025, is amended to read as follows:
s. "Extraordinary needs count" shall mean the sum of the product of
the English language learner count multiplied by the ELL weight, plus,
the poverty count, THE HOMELESS AND FOSTER COUNT, and the sparsity
count, provided that the 'ELL weight' shall be five tenths (0.50) for
the two thousand twenty-four--two thousand twenty-five school year and
prior, [and] shall be equal to fifty-three hundredths (0.53) in the two
thousand twenty-five--two thousand twenty-six school year, AND SIX
TENTHS (0.6) IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN
SCHOOL YEAR and thereafter.
§ 2-d. Subparagraph 3 of paragraph a of subdivision 4 of section 3602
of the education law, as amended by section 9-b of part CCC of chapter
59 of the laws of 2018, is amended to read as follows:
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two UNTIL THE TWO THOUSAND TWENTY-
SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR. The extraordinary needs
percent shall be calculated pursuant to paragraph w of subdivision one
of this section.
§ 2-e. Subparagraph 1 of paragraph b of subdivision 10 of section 3602
of the education law, as amended by section 10-c of part A of chapter 56
of the laws of 2025, is amended to read as follows:
(1) 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 selected grades 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
A. 10006--B 8
aid ratio by three thousand nine hundred dollars for aid payable in the
two thousand twenty-four--two thousand twenty-five school year and prior
[and], four thousand one hundred dollars FOR THE TWO THOUSAND TWENTY-
SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR, AND FOUR THOUSAND THREE
HUNDRED DOLLARS thereafter. 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 selected grades 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
selected grades in career education sequences in business and marketing
as defined by the commissioner in regulations. The career education aid
ratio shall be computed by subtracting from one the 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. For purposes of this
subparagraph, "selected grades" shall be grades ten through twelve for
aid payable in the two thousand twenty-four--two thousand twenty-five
school year and prior, and shall be grades nine through twelve for aid
payable in the two thousand twenty-five--two thousand twenty-six school
year and thereafter.
§ 2-f. Subdivision 4 of section 3627 of the education law, as amended
by section 12 of part A of chapter 56 of the laws of 2025, is amended
to read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen school year and thereafter
and otherwise eligible for transportation aid pursuant to subdivision
seven of section thirty-six hundred two of this article shall be consid-
ered approved transportation expenses eligible for transportation aid,
provided further that for the two thousand thirteen--two thousand four-
teen school year such aid shall be limited to eight million one hundred
thousand dollars and for the two thousand fourteen--two thousand fifteen
school year such aid shall be limited to the sum of twelve million six
hundred thousand dollars plus the base amount and for the two thousand
fifteen--two thousand sixteen school year through two thousand eigh-
teen--two thousand nineteen school year such aid shall be limited to the
sum of eighteen million eight hundred fifty thousand dollars plus the
base amount and for the two thousand nineteen--two thousand twenty
school year such aid shall be limited to the sum of nineteen million
three hundred fifty thousand dollars plus the base amount and for the
two thousand twenty--two thousand twenty-one school year such aid shall
be limited to the sum of nineteen million eight hundred fifty thousand
dollars plus the base amount and for the two thousand twenty-two--two
thousand twenty-three school year such aid shall be limited to the sum
of twenty-two million three hundred fifty thousand dollars plus the base
amount and for the two thousand twenty-three--two thousand twenty-four
school year such aid shall be limited to the sum of twenty-four million
eight hundred fifty thousand dollars plus the base amount and for the
two thousand twenty-four--two thousand twenty-five school year such aid
shall be limited to the sum of twenty-nine million eight hundred fifty
thousand dollars plus the base amount and for the two thousand twenty-
five--two thousand twenty-six school year [and thereafter] such aid
A. 10006--B 9
shall be limited to the product of (i) the maximum amount of aid author-
ized by this subdivision for the base year, and (ii) the sum of one plus
the product of (a) two and one-half multiplied by (b) the percentage
increase in the consumer price index as defined in paragraph hh of
subdivision one of section thirty-six hundred two of this article AND
FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR
AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE PRODUCT OF: (I) THE
MAXIMUM AMOUNT OF AID AUTHORIZED BY THIS SUBDIVISION FOR THE BASE YEAR;
AND (II) THE SUM OF ONE PLUS THE PRODUCT OF (A) THREE AND ONE-HALF
MULTIPLIED BY (B) THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX
AS DEFINED IN PARAGRAPH HH OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE. For purposes of this subdivision, "base
amount" means the amount of transportation aid paid to the school
district for expenditures incurred in the two thousand twelve--two thou-
sand thirteen school year for transportation that would have been eligi-
ble for aid pursuant to this section had this section been in effect in
such school year, except that subdivision six of this section shall be
deemed not to have been in effect. And provided further that the school
district shall continue to annually expend for the transportation
described in subdivision one of this section at least the expenditures
used for the base amount.
§ 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 13 to read as follows:
(13) (A) RENEWABLE ENERGY SYSTEMS, AS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, SHALL BE CONSIDERED PART
OF THE COST ALLOWANCE CALCULATED BY THE COMMISSIONER PURSUANT TO THIS
SUBPARAGRAPH.
(B) GROUND-MOUNTED RENEWABLE ENERGY SYSTEMS SHALL BE SITED TO MINIMIZE
IMPACTS ON ATHLETIC FIELDS, OUTDOOR EDUCATIONAL SPACES, AND NATURAL
AREAS SERVING THE SCHOOL.
(C) THE PORTION OF PROJECT COSTS ATTRIBUTABLE TO SYSTEM CAPACITY THAT,
WHEN COMBINED WITH OTHER RENEWABLE ENERGY PROJECTS, IF ANY, EXCEEDS ONE
HUNDRED TEN PERCENT OF THE BUILDING'S BASELINE ENERGY CONSUMPTION SHALL
NOT CONSTITUTE AN AIDABLE EXPENSE. BASELINE ENERGY CONSUMPTION SHALL BE
CALCULATED USING A METHODOLOGY AS DETERMINED BY THE COMMISSIONER, IN
CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, WHICH SHALL CONSIDER HISTORIC ENERGY CONSUMPTION.
§ 4. Paragraphs b and c of subdivision 1 of section 3602-e of the
education law, as amended by section 19 of part B of chapter 57 of the
laws of 2007, are amended and four new paragraphs c-1, f, g, and h are
added to read as follows:
b. "Eligible agencies" shall mean a provider of child care and early
education, a day care provider, early childhood program or center, NON-
PROFIT ORGANIZATION, CHARTER SCHOOL, LIBRARY, MUSEUM, or community-based
organization, including but not limited to approved pre-school special
education programs, head start, and nursery schools so long as the stan-
dards and qualifications set forth pursuant to subdivision twelve of
this section have been met.
c. "Eligible FOUR-YEAR-OLD children" shall mean resident children who
are four years of age on or before December first of the year in which
they are enrolled or who will otherwise be first eligible to enter
public school kindergarten commencing with the following school year.
C-1. "ELIGIBLE THREE-YEAR-OLD CHILDREN" SHALL MEAN RESIDENT CHILDREN
WHO ARE THREE YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN
WHICH THEY ARE ENROLLED OR WHO WILL OTHERWISE BE FIRST ELIGIBLE TO ENTER
A. 10006--B 10
PUBLIC SCHOOL KINDERGARTEN COMMENCING TWO YEARS FROM THE TIME OF ENROLL-
MENT.
F. "UNIVERSAL ACCESS PROXY" SHALL MEAN THE PRODUCT OF EIGHTY-FIVE
PERCENT MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE SUM
OF THE PUBLIC SCHOOL ENROLLMENT AND THE NONPUBLIC SCHOOL ENROLLMENT OF
CHILDREN ATTENDING FULL-DAY AND HALF-DAY KINDERGARTEN PROGRAMS IN THE
DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR LESS THE NUMBER OF RESIDENT
CHILDREN WHO ATTAIN THE AGE OF FOUR BEFORE DECEMBER FIRST OF THE BASE
YEAR, WHO WERE SERVED DURING SUCH SCHOOL YEAR BY A PREKINDERGARTEN
PROGRAM APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER, WHERE SUCH SERVICES ARE PROVIDED FOR MORE THAN FOUR HOURS PER
DAY.
G. "HALF-DAY PROGRAM" SHALL MEAN A PROGRAM WHICH SERVES STUDENTS FOR
AT LEAST TWO AND FIVE-TENTHS HOURS BUT LESS THAN FIVE HOURS PER DAY.
H. "FULL-DAY PROGRAM" SHALL MEAN A PROGRAM WHICH SERVES STUDENTS FOR
AT LEAST FIVE HOURS PER DAY.
§ 5. Subdivisions 9, 10, 11, 18, 19, and 20 of section 3602-e of the
education law are REPEALED and two new subdivisions 10 and 11 are added
to read as follows:
10. UNIVERSAL PREKINDERGARTEN APPORTIONMENT. SCHOOL DISTRICTS SHALL
RECEIVE A UNIVERSAL PREKINDERGARTEN APPORTIONMENT, IN THE TWO THOUSAND
TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THEREAFTER, EQUAL
TO THE SUM OF THE FOUR-YEAR-OLD APPORTIONMENT AND THE THREE-YEAR-OLD
APPORTIONMENT.
A. THE FOUR-YEAR-OLD APPORTIONMENT SHALL EQUAL THE LESSER OF (I) THE
PRODUCT OF AID PER FOUR-YEAR-OLD PREKINDERGARTEN PUPIL MULTIPLIED BY
FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED, OR (II) TOTAL ACTUAL GRANT
EXPENDITURES INCURRED BY THE SCHOOL DISTRICT AS APPROVED BY THE COMMIS-
SIONER.
(1) "AID PER FOUR-YEAR-OLD PREKINDERGARTEN PUPIL" SHALL EQUAL THE
GREATER OF (A) THE SCHOOL DISTRICT'S SELECTED FOUNDATION AID FOR THE
CURRENT YEAR PROJECTION PUBLISHED AS OF MAY FIFTEENTH OF THE PRIOR
SCHOOL YEAR, CALCULATED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART, (B) TEN THOUSAND DOLLARS, OR (C) THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 4YO MAX UPK AID"
ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7" DIVIDED BY THE
AMOUNT SET FORTH AS "2025-26 4YO MAX FTE" ON SUCH LISTING.
(2) "FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM
OF (A) THE UNDUPLICATED COUNT OF ALL ELIGIBLE FOUR-YEAR-OLD CHILDREN
REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN A FULL-DAY PROGRAM, AS
REGISTERED ON THE DATE THAT IS SPECIFIED BY THE COMMISSIONER AS THE
ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT, AS REPORTED TO THE
COMMISSIONER PLUS (B) FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR THROUGH THE TWO THOUSAND TWENTY-SEVEN--TWO
THOUSAND TWENTY-EIGHT SCHOOL YEAR, THE PRODUCT OF FIVE-TENTHS MULTIPLIED
BY THE UNDUPLICATED COUNT OF ELIGIBLE FOUR-YEAR-OLD CHILDREN REGISTERED
TO RECEIVE EDUCATIONAL SERVICES IN A HALF-DAY PROGRAM, AS REGISTERED ON
SUCH DATE AND REPORTED TO THE COMMISSIONER.
B. THE THREE-YEAR-OLD APPORTIONMENT SHALL EQUAL THE LESSER OF (I) THE
PRODUCT OF AID PER THREE-YEAR-OLD PREKINDERGARTEN PUPIL MULTIPLIED BY
THREE-YEAR-OLD PREKINDERGARTEN PUPILS SERVED OR (II) TOTAL ACTUAL GRANT
EXPENDITURES INCURRED BY THE SCHOOL DISTRICT AS APPROVED BY THE COMMIS-
SIONER.
A. 10006--B 11
(1) "AID PER THREE-YEAR-OLD PREKINDERGARTEN PUPIL" SHALL EQUAL THE
GREATER OF (A) THE SCHOOL DISTRICT'S SELECTED FOUNDATION AID FOR THE
CURRENT YEAR PROJECTION PUBLISHED AS OF MAY FIFTEENTH OF THE PRIOR
SCHOOL YEAR, CALCULATED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART, (B) TEN THOUSAND DOLLARS, OR (C) THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 3YO MAX UPK AID"
ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7" DIVIDED BY THE
AMOUNT SET FORTH AS "2025-26 3YO MAX FTE" ON SUCH LISTING, PROVIDED THAT
FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION
OR MORE, THE "AID PER THREE-YEAR-OLD PREKINDERGARTEN PUPIL" SHALL EQUAL
(C) AS DEFINED ABOVE.
(2) "THREE-YEAR-OLD STUDENTS SERVED" SHALL EQUAL THE SUM OF (I) THE
UNDUPLICATED COUNT OF ELIGIBLE THREE-YEAR-OLD CHILDREN REGISTERED TO
RECEIVE EDUCATIONAL SERVICES IN A FULL-DAY PROGRAM AS REGISTERED ON THE
DATE THAT IS SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING
DATE FOR THE SCHOOL DISTRICT, AS REPORTED TO THE COMMISSIONER, PLUS (II)
THE PRODUCT OF FIVE-TENTHS MULTIPLIED BY THE UNDUPLICATED COUNT OF
ELIGIBLE THREE-YEAR-OLD CHILDREN REGISTERED TO RECEIVE EDUCATIONAL
SERVICES IN A HALF-DAY PROGRAM, AS REGISTERED ON SUCH DATE AND REPORTED
TO THE COMMISSIONER, (III) LESS THE THREE-YEAR-OLD OVERAGE PENALTY.
C. SCHOOL DISTRICTS SHALL RECEIVE UP TO FIFTY PERCENT OF THE UNIVERSAL
PREKINDERGARTEN APPORTIONMENT DEFINED IN THIS SUBDIVISION UPON APPROVAL
OF THE APPLICATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, BUT NOT EARLIER THAN SEPTEMBER FIRST. SCHOOL DISTRICTS MAY BE
ELIGIBLE FOR AN ADDITIONAL TWENTY PERCENT OF SUCH APPORTIONMENT AFTER
APRIL FIRST OF EACH SCHOOL YEAR UPON COMPLETION OF A REQUEST FOR FUNDS
ON A FORM DESIGNATED BY THE COMMISSIONER. THE REMAINDER OF SUCH APPOR-
TIONMENT SHALL BE PAID TO EACH SCHOOL DISTRICT UPON ACCEPTANCE OF A
FINAL EXPENDITURE REPORT SUBMITTED ON A FORM DESIGNATED BY THE COMMIS-
SIONER IN THE FOLLOWING SCHOOL YEAR.
11. NO LATER THAN THE TWO THOUSAND TWENTY-EIGHT--TWO THOUSAND TWENTY-
NINE SCHOOL YEAR, ALL SCHOOL DISTRICTS SHALL SERVE IN A FULL-DAY PREKIN-
DERGARTEN PROGRAM ALL ELIGIBLE FOUR-YEAR-OLD CHILDREN WHOSE PARENT OR
GUARDIAN APPLIES TO ENROLL SUCH CHILD IN THE DISTRICT'S UNIVERSAL PREK-
INDERGARTEN PROGRAM, WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY THROUGH
THE SCHOOL DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR
COLLABORATIVE EFFORTS BETWEEN THE SCHOOL DISTRICT AND AN ELIGIBLE AGENCY
OR AGENCIES.
§ 6. Intentionally omitted.
§ 7. Section 3602-ee of the education law is REPEALED.
§ 8. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 13 of part A of chapter 56 of the laws of
2025, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-five] TWENTY-SIX--two thousand
[twenty-six] TWENTY-SEVEN 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.
A. 10006--B 12
§ 9. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14 of part A of chapter 56 of the
laws of 2025, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-five] TWENTY-SIX--two thousand [twenty-six] TWENTY-SEV-
EN 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 commissioner 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 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in support
of the executive budget for the 2013-14 fiscal year and entitled
"BT131-4".
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 13-a. The opening paragraph of section 3609-a of the education law,
as amended by section 17 of part A of chapter 56 of the laws of 2025, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty-five] TWENTY-SIX--two thousand
[twenty-six] TWENTY-SEVEN school year, "moneys apportioned" shall mean
the lesser of (i) the sum of one hundred percent of the respective
amount set forth for each school district as payable pursuant to this
section in the school aid computer listing for the current year produced
by the commissioner in support of the budget which includes the appro-
priation for the general support for public schools for the prescribed
payments and individualized payments due prior to April first for the
current year plus the apportionment payable during the current school
year pursuant to subdivision six-a and subdivision fifteen of section
thirty-six hundred two of this part minus any reductions to current year
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
A. 10006--B 13
paragraph b of subdivision four of section ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision five of
section ninety-seven-nnnn of the state finance law, less any grants
provided pursuant to subdivision twelve of section thirty-six hundred
forty-one of this article, LESS ANY AMOUNTS REQUIRED TO BE RECOVERED
PURSUANT TO SECTION THIRTY-SIX HUNDRED FIFTEEN OF THIS PART AS A CONSE-
QUENCE OF FAILURE TO MAINTAIN EFFORT UNDER FEDERAL LAW, 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-five] TWENTY-SIX--two thousand [twenty-six] TWENTY-SEV-
EN school year, reference to such "school aid computer listing for the
current year" shall mean the printouts entitled ["SA252-6"] "SA262-7".
§ 13-b. The education law is amended by adding a new section 3615 to
read as follows:
§ 3615. RECOVERY OF FUNDS AS A CONSEQUENCE OF FAILURE TO MAINTAIN
EFFORT UNDER FEDERAL LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
LAW TO THE CONTRARY, IN THE EVENT THAT THE COMMISSIONER HAS DETERMINED A
SCHOOL DISTRICT HAS FAILED TO MAINTAIN ITS LEVEL OF EXPENDITURES UNDER
FEDERAL LAW, INCLUDING UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT, 20 U.S.C. 1413 (A) (2) AND THE FEDERAL REGULATIONS PROMULGATED
THEREUNDER, AND THE DEPARTMENT IS FOUND LIABLE IN A RECOVERY ACTION
UNDER 20 U.S.C. 1234 (A) FOR SUCH PAYMENT, THE COMMISSIONER SHALL BE
AUTHORIZED TO RECOVER SUCH AMOUNT FROM SUCH SCHOOL DISTRICT FROM A
PAYMENT OF GENERAL SUPPORT FOR PUBLIC SCHOOLS PURSUANT TO SECTION THIR-
TY-SIX HUNDRED-NINE-A OF THIS PART. THE AMOUNT OF SUCH RECOVERY SHALL BE
DEEMED TO HAVE BEEN PAID TO THE SCHOOL DISTRICT AS GENERAL SUPPORT FOR
PUBLIC SCHOOLS IN THE SCHOOL YEAR IN WHICH THE RECOVERY IS MADE AND
SHALL NOT HAVE ANY EFFECT ON THE BASE YEAR CALCULATION FOR USE IN THE
SUBSEQUENT SCHOOL YEAR.
§ 13-c. Subdivisions b and c of section 5 of chapter 537 of the laws
of 1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, subdivision b as amended by section
32-a of part A of chapter 56 of the laws of 2024 and subdivision c as
amended by section 22-b of part A of chapter 56 of the laws of 2022, are
amended to read as follows:
b. Notwithstanding any monetary limitations with respect to school
lunch programs contained in any law or regulation, for school lunch
meals served in the school year commencing July 1, 2022 and each July 1
thereafter, a school food authority shall be eligible for a State subsi-
dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per
reduced-price lunch meal, for any school lunch meal served by such
school food authority; provided that the school food authority certifies
to the Department of Agriculture and Markets through the application
submitted pursuant to subdivision c of this section that such food
authority has purchased at least thirty percent of its total cost of
food products for its school lunch service program from New York state
A. 10006--B 14
farmers, growers, producers or processors in the preceding school year.
COMMENCING JULY 1, 2026, AND EACH JULY 1 THEREAFTER, A SCHOOL FOOD
AUTHORITY SHALL BE ALLOWED TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF
FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCES-
SORS MADE FOR ITS SCHOOL BREAKFAST OR SNACK PROGRAMS TO THE THIRTY
PERCENT OF COSTS FOR SCHOOL BREAKFAST AND LUNCH SERVICE PROGRAMS.
c. The Department of Agriculture and Markets in cooperation with the
State Education Department, shall develop an application for school food
authorities to seek an additional State subsidy pursuant to this section
in a timeline and format prescribed by the commissioner of agriculture
and markets. Such application shall include, but not be limited to,
documentation demonstrating the school food authority's total food
purchases for its school BREAKFAST, SNACK, AND lunch service program,
and documentation demonstrating its total food purchases and percentages
for such program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New
York State farmers, growers, producers or processors in the preceding
school year. The application shall also include an attestation from the
school food authority's chief operating officer that it purchased at
least thirty percent of its total cost of food products, PERMITTED TO BE
COUNTED UNDER THIS SECTION, for its school BREAKFAST, SNACK, AND lunch
service program from New York State farmers, growers, producers or
processors in the preceding school year in order to meet the require-
ments for this additional State subsidy. School food authorities shall
be required to annually apply for this subsidy. After reviewing school
food authorities' completed applications for an additional State subsidy
pursuant to this section, the Department of Agriculture and Markets
shall certify to the State Education Department the school food authori-
ties approved for such additional State subsidy and the State Education
Department shall pay such additional State subsidy to such school food
authorities.
§ 14. 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
18 of part A of chapter 56 of the laws of 2025, 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, 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, reimbursement for the 2024--2025 school year
shall not exceed 56.6 percent of the lesser of such approvable costs per
contact hour or eighteen dollars and seventy cents per contact hour,
[and] reimbursement for the 2025--2026 school year shall not exceed 58.2
A. 10006--B 15
percent of the lesser of such approvable costs per contact hour or nine-
teen dollars and fifty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2026--2027 SCHOOL YEAR SHALL NOT EXCEED 59.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWENTY DOLLARS AND
FORTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty
minutes of instruction services provided to an eligible adult. Notwith-
standing any other provision of law to the contrary, for the 2018--2019
school year such contact hours shall not exceed one million four hundred
sixty-three thousand nine hundred sixty-three (1,463,963); for the
2019--2020 school year such contact hours shall not exceed one million
four hundred forty-four thousand four hundred forty-four (1,444,444);
for the 2020--2021 school year such contact hours shall not exceed one
million four hundred six thousand nine hundred twenty-six (1,406,926);
for the 2021--2022 school year such contact hours shall not exceed one
million four hundred sixteen thousand one hundred twenty-two
(1,416,122); 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); for the 2023--2024 school year such contact hours shall not
exceed one million three hundred forty-two thousand nine hundred seven-
ty-five (1,342,975); for the 2024--2025 school year such contact hours
shall not exceed one million two hundred twenty-eight thousand seven
hundred thirty-three (1,228,733); [and] for the 2025--2026 school year
such contact hours shall not exceed one million one hundred forty-three
thousand three hundred fifty-nine (1,143,359); AND FOR THE 2026--2027
SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVENTY-SIX
THOUSAND ONE HUNDRED FIFTY-NINE (1,076,159). Notwithstanding any other
provision of law to the contrary, the apportionment calculated for the
city school district of the city of New York pursuant to subdivision 11
of section 3602 of the education law shall be computed as if such
contact hours provided by the consortium for worker education, not to
exceed the contact hours set forth herein, were eligible for aid in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
§ 15. Intentionally omitted.
§ 15-a. 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 subdivision
ee to read as follows:
EE. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2026--2027 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 15-b. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 20-a of part A of chapter 56 of the laws
of 2025, 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-five] TWENTY-SIX--two
thousand [twenty-six] TWENTY-SEVEN AND THEREAFTER, the commissioner may
set aside an amount not to exceed two million five hundred thousand
dollars from the funds appropriated for purposes of this subdivision for
A. 10006--B 16
the purpose of serving persons twenty-one years of age or older who have
not been enrolled in any school for the preceding school year, including
persons who have received a high school diploma or high school equiv-
alency diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
§ 16. Section 6 of chapter 756 of the laws of 1992 relating to funding
a program for work force education conducted by the consortium for work-
er education in New York city, as amended by section 20 of part A of
chapter 56 of the laws of 2025, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2026] 2027.
§ 17. Paragraph a of subdivision 14 of section 3641 of the education
law, as added by section 2 of part I of chapter 61 of the laws of 2006,
is amended to read as follows:
a. Establishment of the EXCEL program. There is hereby established the
expanding our children's education and learning (EXCEL) program to
provide project financing or assistance in the form of grants to eligi-
ble school districts, in addition to, or in lieu of, the apportionments
made pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e,
six-f and paragraph c of subdivision fourteen of section thirty-six
hundred two of this article, and subdivisions ten and twelve of this
section, for the costs of EXCEL school facility projects. An apportion-
ment for any such project shall initially be available in the state
fiscal year commencing April first, two thousand six. SUCH APPORTION-
MENT SHALL BE USED TO FUND PROJECTS CERTIFIED BY THE COMMISSIONER IN
ACCORDANCE WITH SUBDIVISION SIX OF SECTION SIXTEEN HUNDRED EIGHTY-NINE-I
OF THE PUBLIC AUTHORITIES LAW PRIOR TO DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-EIGHT. Notwithstanding any provision of law to the contrary,
the dormitory authority of the state of New York shall be authorized to
issue bonds or notes in an aggregate amount not to exceed two billion
six hundred million dollars for purposes of the EXCEL program.
§ 18. Subparagraph 1 of paragraph b of subdivision 14 of section 3641
of the education law, as added by section 2 of part I of chapter 61 of
the laws of 2006, is amended to read as follows:
(1) "EXCEL project". An EXCEL project SHALL BE CERTIFIED BY THE
COMMISSIONER PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
AND shall include, but not be limited to, the acquisition, design, plan-
ning, construction, reconstruction, rehabilitation, preservation, devel-
opment, improvement or modernization of an EXCEL school facility, where
such project:
§ 19. Section 5 of part I of chapter 61 of the laws of 2006 amending
the education law and the public authorities law relating to expanding
our children's education and learning is amended to read as follows:
§ 5. This act shall take effect on the same date as a chapter of the
laws of 2006 enacting into law major components of legislation which are
necessary to implement the education, labor, and budget for the
2006-2007 state fiscal year, family assistance budget for the 2006-2007
state fiscal year, as proposed in legislative bill numbers S.6458-C and
A.9558-B, takes effect; PROVIDED, HOWEVER, THAT SECTIONS TWO, THREE, AND
FOUR OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED DECEMBER 31, 2029.
§ 20. Subdivision 6 of section 4402 of the education law, as amended
by section 21 of part A of chapter 56 of the laws of 2025, is amended to
read as follows:
A. 10006--B 17
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-six] TWENTY-SEVEN,
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
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.
§ 21. 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 22 of part A of chapter 56 of the laws
of 2025, 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,
[2026] 2027 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, [2026] 2027;
§ 22. 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
A. 10006--B 18
week of June 2027 and not later than the last day of the third full
business week of June 2027, 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, 2027, for salary expenses incurred between April 1 and
June 30, 2026 and such apportionment shall not exceed the sum of (a) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (b)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (c) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (d) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision 1 of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
A. 10006--B 19
§ 23. 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, 2027, 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, 2027 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 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 24. 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 2026--2027 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
A. 10006--B 20
($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 2026--2027 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2026--2027 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 2026--2027 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
A. 10006--B 21
($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.
§ 24-a. Subdivision a of section 5 of chapter 121 of the laws of 1996
authorizing the Roosevelt union free school district to finance deficits
by the issuance of serial bonds, as amended by section 24-a of part A of
chapter 56 of the laws of 2025, is amended to read as follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2025-26] 2026-27 school year, four million dollars
($4,000,000); for the [2026-27] 2027-28 school year, three million
dollars ($3,000,000); for the [2027-28] 2028-29 school year, two million
dollars ($2,000,000); for the [2028-29] 2029-30 school year, one million
dollars ($1,000,000); and for the [2029-30] 2030-31 school year, zero
dollars. Such annual application shall be made after the board of educa-
tion has adopted a resolution to do so with the approval of the commis-
sioner of education.
§ 25. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2026 enacting
the aid to localities budget shall be apportioned for the 2026--2027
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of such chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary, the moneys
appropriated for the support of public libraries for the year 2026--2027
by a chapter of the laws of 2026 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
A. 10006--B 22
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 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 and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that:
1. Sections one, four, five, seven, eight, nine, thirteen-a, thir-
teen-b, fifteen-b, twenty, twenty-four and twenty-four-a of this act
shall take effect July 1, 2026;
2. The amendments to chapter 756 of the laws of 1992 made by sections
fourteen and fifteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith;
3. The amendments to subdivision 14 of section 3641 of the education
law made by sections seventeen and eighteen of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 819 to
read as follows:
§ 819. EVIDENCE-BASED MATHEMATICS INSTRUCTION. 1. (A) ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSIONER SHALL PROVIDE
SCHOOL DISTRICTS WITH INSTRUCTIONAL BEST PRACTICES FOR NUMERACY, AS
DEFINED BY THE COMMISSIONER, AND THE TEACHING OF MATHEMATICS TO STUDENTS
IN KINDERGARTEN THROUGH GRADE FIVE. INSTRUCTIONAL BEST PRACTICES FOR
NUMERACY AND THE TEACHING OF MATHEMATICS SHALL BE EVIDENCE-BASED. SUCH
INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE
COMMISSIONER.
(B) EVERY SCHOOL DISTRICT SHALL ANNUALLY REVIEW THEIR CURRICULUM AND
INSTRUCTIONAL PRACTICES IN THE SUBJECT OF MATHEMATICS FOR STUDENTS IN
KINDERGARTEN THROUGH GRADE FIVE TO ENSURE THAT THEY ALIGN WITH THE MATH-
EMATICS INSTRUCTIONAL BEST PRACTICES PROVIDED BY THE COMMISSIONER, AND
THAT ALL EARLY MATHEMATICS INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE
PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT MATHEMATICS OUTCOMES
IN KINDERGARTEN THROUGH GRADE FIVE.
2. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, EACH
SCHOOL DISTRICT SHALL VERIFY TO THE COMMISSIONER THAT ITS CURRICULUM AND
INSTRUCTIONAL PRACTICES IN THE SUBJECT OF MATHEMATICS IN KINDERGARTEN
THROUGH GRADE FIVE ALIGN WITH ALL OF THE ELEMENTS OF THE INSTRUCTIONAL
BEST PRACTICES PROVIDED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
§ 2. This act shall take effect immediately.
PART C
A. 10006--B 23
Section 1. Paragraphs (c), (d), and (e) of subdivision 1 and subdivi-
sion 2 of section 6311 of the education law, as added by section 1 of
part F of chapter 56 of the laws of 2025, are amended to read as
follows:
(c) is matriculated at a [community college of the state university of
New York or the city university of New York, as defined in subdivision
two of section sixty-three hundred one of this article or subdivision
four of section sixty-two hundred two of this title, respectively,] NEW
YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION in an approved program
directly leading to an associate's degree in a high-demand field;
provided that for the two thousand twenty-five -- two thousand twenty-
six academic year, such fields shall include but not be limited to
advanced manufacturing, technology, cybersecurity, engineering, artifi-
cial intelligence, nursing and allied health professions, green and
renewable energy, and pathways to teaching in shortage areas, provided
further that such fields may be updated annually thereafter by the
department of labor no later than one hundred eighty days prior to the
first start date of the fall term of such [community colleges] NEW YORK
STATE PUBLIC INSTITUTIONS OF HIGHER EDUCATION, and provided further that
the eligibility of such approved program established in the semester for
which the applicant makes initial application shall continue;
(d) is eligible for the payment of tuition and fees at a rate no
greater than that imposed for resident students in [community colleges]
THE APPLICABLE NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION;
and
(e) has not already obtained any postsecondary degree, provided that
nothing in this paragraph shall be construed to prohibit the eligibility
of a student who is already enrolled in an eligible associate degree
program on the effective date of this section and who meets all the
other eligibility requirements of this subdivision, AND PROVIDED FURTHER
THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT THE ELIGI-
BILITY OF A STUDENT WHO, THOUGH HAVING PREVIOUSLY OBTAINED A POSTSECON-
DARY DEGREE, IS ENROLLED IN AN APPROVED PROGRAM LEADING TO AN ASSOCI-
ATE'S DEGREE IN NURSING.
2. Amount. Within amounts appropriated therefor, and subject to avail-
ability of funds, awards shall be granted for the two thousand twenty-
five -- two thousand twenty-six academic year and thereafter to appli-
cants who are determined to be eligible to receive such awards. Such
awards shall be calculated on a per term basis prior to the start of
each term the applicant is successfully enrolled and shall not exceed
the positive difference, if any, of (a) the sum of actual tuition, fees,
books, and applicable supplies charged to the applicant and approved by
the applicable [community college] NEW YORK STATE PUBLIC INSTITUTION OF
HIGHER EDUCATION, less (b) the sum of all payments received by the
applicant from all sources of financial aid received by the applicant
with the exception of aid received pursuant to federal work-study
programs authorized under sections 1087-51 through 1087-58 of title 20
of the United States code and educational loans taken by the applicant
or guardian.
§ 2. This act shall take effect immediately.
PART D
Intentionally Omitted
A. 10006--B 24
PART E
Section 1. Subparagraph 4-a-1 of paragraph h of subdivision 2 of
section 355 of the education law, as added by section 1 of part B of
chapter 56 of the laws of 2023, is amended to read as follows:
(4-a-1) Notwithstanding any law, rule, regulation or practice to the
contrary and following the review and approval of the chancellor of the
state university or [his or her] SUCH CHANCELLOR'S designee, the board
of trustees may annually impose differential tuition rates on non-resi-
dent undergraduate and graduate rates of tuition for state-operated
institutions [for a three year period] commencing with the two thousand
twenty-three--two thousand twenty-four academic year and ending in the
two thousand [twenty-five] TWENTY-EIGHT--two thousand [twenty-six] TWEN-
TY-NINE academic year, provided that such rates are competitive with the
rates of tuition charged by peer institutions and that the board of
trustees annually provide the reason and methodology behind any rate
increase to the governor, the temporary president of the senate, and the
speaker of the assembly prior to the approval of such increases.
§ 2. Subparagraph (vi) of paragraph (a) of subdivision 7 of section
6206 of the education law, as added by section 2 of part B of chapter 56
of the laws of 2023, is amended to read as follows:
(vi) Notwithstanding any law, rule, regulation or practice to the
contrary, commencing with the two thousand twenty-three--two thousand
twenty-four academic year and ending in the two thousand [twenty-five]
TWENTY-SIX--two thousand [twenty-six] TWENTY-SEVEN academic year,
following the review and approval of the chancellor of the city univer-
sity or [his or her] SUCH CHANCELLOR'S designee, the city university of
New York board of trustees shall be empowered to annually impose differ-
ential tuition rates on non-resident undergraduate and graduate rates of
tuition for senior colleges, provided that such rates are competitive
with the rates of tuition charged by peer institutions and that the
board of trustees annually provide the reason and methodology behind any
rate increase to the governor, the temporary president of the senate,
and the speaker of the assembly prior to the approval of such increases.
§ 3. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
6206 of the education law, as amended by section 3 of part B of chapter
56 of the laws of 2023, is amended to read as follows:
(ii) Notwithstanding any law, rule, regulation or practice to the
contrary, commencing with the two thousand twenty-three--two thousand
twenty-four academic year and ending in the two thousand [twenty-five]
TWENTY-SIX--two thousand [twenty-six] TWENTY-SEVEN academic year,
following the review and approval of the chancellor of the city univer-
sity or [his or her] SUCH CHANCELLOR'S designee, the city university of
New York board of trustees shall be empowered to annually impose differ-
ential tuition rates on non-resident undergraduate and graduate rates of
tuition for senior colleges, provided that such rates are competitive
with the rates of tuition charged by peer institutions and that the
board of trustees annually provide the reason and methodology behind any
rate increase to the governor, the temporary president of the senate,
and the speaker of the assembly prior to the approval of such increases.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 16 of
chapter 260 of the laws of 2011, as amended, when upon such date the
provisions of section three of this act shall take effect.
A. 10006--B 25
PART F
Section 1. Subdivisions 1, 3 and 5 of section 669-f of the education
law, subdivision 1 as amended by chapter 516 of the laws of 2025, and
subdivisions 3 and 5 as added by section 1 of subpart A of part EE of
chapter 56 of the laws of 2015, are amended to read as follows:
1. Eligibility. Students who are matriculated in an approved master's
degree in education program at a New York state college, as defined in
subdivision two of section six hundred one of this title, leading to a
career as a teacher in public elementary [or], secondary, OR EARLY
CHILDHOOD education shall be eligible for an award under this section,
provided the applicant: (a) earned an undergraduate degree from a
college located in New York state; (b) was a New York state resident
while earning such undergraduate degree; (c) achieved academic excel-
lence as an undergraduate student, as defined by the corporation in
regulation; (d) enrolls in full-time study in an approved master's
degree in education program at a New York state college, as defined in
subdivision two of section six hundred one of this title, leading to a
career as a teacher in public elementary [or], secondary OR EARLY CHILD-
HOOD education; (e) signs a contract with the corporation agreeing to
teach in a classroom setting on a full-time basis for five years in a
school located within New York state providing public elementary [or],
secondary OR EARLY CHILDHOOD education recognized by the board of
regents or the university of the state of New York, including charter
schools authorized pursuant to article fifty-six of this chapter; and
(f) complies with the applicable provisions of this article and all
requirements promulgated by the corporation for the administration of
the program.
3. An award shall entitle the recipient to annual payments for not
more than two academic years of full-time graduate study leading to
certification as an elementary [or], secondary [classroom] OR EARLY
CHILDHOOD teacher.
5. The corporation shall convert to a student loan the full amount of
the award granted pursuant to this section, plus interest, according to
a schedule to be determined by the corporation if: (a) two years after
the completion of the degree program and receipt of initial certif-
ication it is found that a recipient is [not] NEITHER teaching in a
public school located within New York state providing elementary or
secondary education recognized by the board of regents or the university
of the state of New York, including charter schools authorized pursuant
to article fifty-six of this chapter, NOR EMPLOYED BY AN ELIGIBLE AGENCY
AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO-E OF THIS CHAPTER; (b) a recipient has [not] NEITHER taught
in a public school located within New York state providing elementary or
secondary education recognized by the board of regents or the university
of the state of New York, including charter schools authorized pursuant
to article fifty-six of this chapter, NOR BEEN EMPLOYED BY AN ELIGIBLE
AGENCY AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO-E OF THIS CHAPTER, for five of the seven years after the
completion of the graduate degree program and receipt of initial certif-
ication; (c) a recipient fails to complete [his or her] THEIR graduate
degree program in education; (d) a recipient fails to receive or main-
tain [his or her] THEIR teaching certificate or license in New York
state for the required period; or (e) a recipient fails to respond to
requests by the corporation for the status of [his or her] THEIR academ-
ic or professional progress. The terms and conditions of this subdivi-
A. 10006--B 26
sion shall be deferred for any interruption in graduate study or employ-
ment as established by the rules and regulations of the corporation. Any
obligation to comply with such provisions as outlined in this section
shall be cancelled upon the death of the recipient. Notwithstanding any
provisions of this subdivision to the contrary, the corporation is
authorized to promulgate rules and regulations to provide for the waiver
or suspension of any financial obligation which would involve extreme
hardship.
§ 2. This act shall take effect July 1, 2026.
PART G
Section 1. Section 97-v of the state finance law, as added by chapter
851 of the laws of 1983 and subdivision 3 as amended by chapter 83 of
the laws of 1995, is amended to read as follows:
§ 97-v. New York state [musical instrument revolving] MUSIC GRANT
fund. 1. There is hereby established in the custody of the state comp-
troller AND THE COMMISSIONER OF TAXATION AND FINANCE, a special fund to
be known as the "New York state [musical instrument revolving] MUSIC
GRANT fund".
2. The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law and all monies
required by the provisions of this section or any other law to be paid
into or credited to this fund, including all monies received by the fund
or donated to it. The total of monies deposited as a result of appropri-
ations from state funds into this fund shall not exceed the sum of five
hundred thousand dollars. Monies in the fund shall be kept separate and
shall not be commingled with any other monies otherwise appropriated or
received except as hereby provided.
3. Monies of the fund, when allocated, shall be available to the New
York state council on the arts for the purpose of providing assistance,
excluding administrative costs, for [the loan, lease and purchase of
musical instruments and other related property and equipment, as herein
provided, by] GRANTS TO not-for-profit symphony orchestras and/or other
not-for-profit musical entities incorporated in the state and organized
for the purpose of the presentation of performing arts for the benefit
of the public and which have been approved pursuant to guidelines estab-
lished by the council. Such monies shall also be available for adminis-
trative costs of the council pursuant to approval by the director of the
budget. [Notwithstanding any other inconsistent provisions of this chap-
ter, should the council determine that there is a compelling need for
the loan, lease or purchase of property or equipment other than musical
instruments by not-for-profit symphony orchestras and/or other not-for-
profit musical entities incorporated in the state and organized for the
purpose of the presentation of performing arts for the benefit of the
public, and upon approval of the director of the budget, the council may
assist such organization in acquiring such equipment in accordance with
guidelines established by the council. The council shall contract with
one or more not-for-profit entities which shall distribute such monies,
however, in no case shall monies of the fund be distributed nor shall a
contract to distribute such monies be approved unless the fund shall
have sufficient monies to effectuate all such approved distributions and
contracts.
Purchases, leases and loans of musical instruments and other equipment
shall not be approved or effected if such purchases, leases or loans are
eligible for financing from any other state assistance program.]
A. 10006--B 27
4. [The state council on the arts shall establish guidelines necessary
to administer the fund. Guidelines shall include, but not be limited to:
qualifications and conditions for assistance, which may require public
service performances, terms of lease or installment sale payments and
finance charges on installment sales at rates of interest which,
notwithstanding any other provision of law, shall not be less than three
per cent per annum nor more than ten per cent per annum, provisions for
insurance of the instrument or other equipment, provisions for necessary
security agreement arrangements, and any other terms and conditions the
council may require as necessary to properly effectuate the provisions
of this section.
5. The not-for-profit entity of entities with whom the state council
on the arts has contracted pursuant to subdivision three of this section
shall enter into contractual arrangements with applicants approved by
the council. All contracts must be approved by the state council on the
arts and the comptroller prior to the distribution of any monies there-
under. Such contracts shall assure that the not-for-profit entity or
entities retain title to the instrument or equipment until the
provisions and intent of this section are satisfied.
6. Notwithstanding any other provisions of law, should a default in
payment of monies for the purchase or lease of an instrument or other
equipment occur, the council shall so notify the comptroller and the
attorney general who shall take such steps as may be necessary. The
not-for-profit entity or entities, after such notification is made,
shall take steps to effect repossession regardless of whether any note,
memorandum, instrument or other writing has been recorded or regardless
of whether any other person has notice of such possessory rights to the
instrument or equipment. Any contract between the not-for-profit agency
or agencies and a not-for-profit symphony orchestra or other musical
entity authorized by this article, shall assure the right and provide
guarantees for such repossession. Subsequent to the taking of possession
of the instrument or equipment, the comptroller or not-for-profit agency
or agencies may offer the same for sale at public auction to the highest
bidder pursuant to guidelines established by the comptroller.
7. The comptroller is authorized to deduct the difference between the
purchaser's or lessee's outstanding obligation at the time of the
auction provided for in subdivision five of this section, and the amount
realized from that auction, after deductions for all necessary and prop-
er costs of the auction are made, from any other grant or other assist-
ance approved by the council on the arts for that purchaser. The differ-
ence deducted by the comptroller and the net amount realized from the
auction shall be deposited in the New York state musical instrument
revolving fund.
8.] Nothing contained herein shall prevent the council 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.
[9. The state council on the arts shall provide by September first of
each year, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee, a report
containing guidelines and amendments established by the state council on
the arts and a complete financial statement including, but not limited
to, monies allocated, collected, transferred or otherwise paid or cred-
ited to the fund. A projected schedule of disbursements, receipts and
needs of the fund for the next fiscal year shall be included in each
report. In addition, any amendments to the guidelines shall be provided
A. 10006--B 28
to the above listed individuals within thirty days of their establish-
ment by the state council on the arts.
10.] 5. No monies shall be payable from this fund, except on the audit
and warrant of the comptroller on vouchers certified and submitted by
the [chairman of the] state council on the arts.
§ 2. This act shall take effect immediately.
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
Intentionally Omitted
PART K
Intentionally Omitted
PART L
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 R of chapter 56 of the laws of 2025, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$186.00] $191.00 for each month beginning on or after
January first, two thousand [twenty-five] TWENTY-SIX.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$213.00] $219.00 for each month beginning on
or after January first, two thousand [twenty-five] TWENTY-SIX.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$255.00] $262.00 for each month
beginning on or after January first, two thousand [twenty-five] TWENTY-
SIX.
(d) for the period commencing January first, two thousand [twenty-six]
TWENTY-SEVEN, 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-six] TWENTY-SEVEN, but prior to June thirtieth, two
thousand [twenty-six] TWENTY-SEVEN, rounded to the nearest whole dollar.
A. 10006--B 29
§ 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
R of chapter 56 of the laws of 2025, are amended to read as follows:
(a) On and after January first, two thousand [twenty-five] TWENTY-SIX,
for an eligible individual living alone, [$1,054.00] $1,081.00; and for
an eligible couple living alone, [$1,554.00] $1,595.00.
(b) On and after January first, two thousand [twenty-five] TWENTY-SIX,
for an eligible individual living with others with or without in-kind
income, [$990.00] $1,017.00; and for an eligible couple living with
others with or without in-kind income, [$1,496.00] $1,537.00.
(c) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving family care, [$1,233.48]
$1,260.48 if such individual 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
eligible individual receiving such care in any other county in the
state, [$1,195.48] $1,222.48; 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-five] TWENTY-SIX,
(i) for an eligible individual receiving residential care, [$1,402.00]
$1,429.00 if such individual 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, [$1,372.00] $1,399.00; 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-five] TWENTY-SIX,
(i) for an eligible individual receiving enhanced residential care,
[$1,661.00] $1,688.00; 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-six] TWENTY-
SEVEN but prior to June thirtieth, two thousand [twenty-six] TWENTY-SEV-
EN.
§ 3. This act shall take effect December 31, 2026.
PART M
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 $20,680,000 for the fiscal
year ending March 31, 2027. Within this total amount, $275,000 shall be
used for the purpose of entering into a contract with the neighborhood
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
A. 10006--B 30
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$20,680,000, 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 2025-2026 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, 2026.
§ 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 $8,570,000 for the fiscal year ending March
31, 2027. Within this total amount, $250,000 shall be used for the
purpose of entering into a contract with the rural preservation coali-
tion to provide technical assistance and services to companies funded
pursuant to article 17 of the private housing finance law. Notwith-
standing any other provision of law, and subject to the approval of the
New York state director of the budget, the board of directors of the
state of New York mortgage agency shall authorize the transfer to the
housing trust fund corporation, for the purposes of reimbursing any
costs associated with rural preservation program contracts authorized by
this section, a total sum not to exceed $8,570,000, 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 2025-2026 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, 2026.
§ 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 $25,382,000 for the fiscal year ending March
31, 2027. 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
$25,382,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
A. 10006--B 31
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 2025-2026 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, 2026.
§ 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 $74,181,000 for the fiscal year
ending March 31, 2027. 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 $74,181,000, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2025-2026 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, 2027.
§ 5. This act shall take effect immediately.
PART N
Section 1. Paragraph (g) of section 1603 of the not-for-profit corpo-
ration law, as amended by chapter 508 of the laws of 2018, is amended to
read as follows:
(g) Nothing in this article shall be construed to authorize the exist-
ence of more than [thirty-five] FORTY-FIVE land banks located in the
state at one time, provided further that each foreclosing governmental
unit or units proposing to create a land bank shall submit such local
law, ordinance or resolution as required by paragraph (a) of this
section, to the urban development corporation, for its review and
approval. The creation of a land bank shall be conditioned upon approval
of the urban development corporation.
§ 2. This act shall take effect immediately.
A. 10006--B 32
PART O
Intentionally Omitted
PART P
Intentionally Omitted
PART Q
Section 1. The real property law is amended by adding a new section
265-c to read as follows:
§ 265-C. HOMEOWNER PROTECTION PROGRAM. 1. (A) WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW SHALL ESTABLISH
THE HOMEOWNER PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF FREE
HOUSING COUNSELING AND LEGAL SERVICES TO HOMEOWNERS FOR THE PURPOSES OF
MITIGATING THREATS TO HOMEOWNERSHIP INCLUDING, BUT NOT LIMITED TO,
HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING, AS A TOOL
FOR PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED TO HOME-
OWNERS, PREVENTING AVOIDABLE FORECLOSURES AND DISPLACEMENT, PRESERVING
HOME EQUITY, PRESERVING HOMEOWNERSHIP, ESPECIALLY IN COMMUNITIES OF
COLOR, AND FOR ANY OTHER PURPOSES RELATED TO PRESERVING HOMEOWNERSHIP.
SUCH PROGRAM SHALL BE FUNDED BY ANNUAL APPROPRIATION.
(B) THE DEPARTMENT OF LAW SHALL PROVIDE GRANTS TO ELIGIBLE NOT-FOR-
PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
TO PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE, BUT
NOT BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND WORKOUT
APPLICATIONS AND NEGOTIATIONS; ASSISTANCE IN APPLYING FOR ASSISTANCE
PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
AND BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN MORTGAGE
AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
TATION AT SETTLEMENT CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED
EIGHT OF THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE TO UNREPRESENTED
LITIGANTS WITH ANSWERS AND MOTIONS IN JUDICIAL FORECLOSURE PROCEEDINGS
AND BRIEF ADVICE; ASSISTANCE TO HOMEOWNERS VICTIMIZED BY DEED FRAUD,
DISTRESSED PROPERTY CONSULTANT, PARTITION AND OTHER SCAMMERS; AND
REDRESS OF PREDATORY AND DISCRIMINATORY LENDING, ABUSIVE MORTGAGE
SERVICING, AND PROPERTY FLIPPING, INCLUDING AFFIRMATIVE LITIGATION AND
ADMINISTRATIVE COMPLAINTS WITH FEDERAL, STATE AND LOCAL FAIR HOUSING
AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART-
MENT OF LAW TO PRESERVE HOMEOWNERSHIP.
2. (A) THE DEPARTMENT OF LAW SHALL ESTABLISH CRITERIA FOR SELECTION OF
GRANT APPLICATIONS, REVIEW APPLICATIONS AND MAKE AWARDS, AND EXERCISE
AND PERFORM SUCH OTHER FUNCTIONS AS ARE RELATED TO THE PURPOSES OF THIS
SECTION.
(B) THE DEPARTMENT OF LAW SHALL MAKE ONE-YEAR GRANTS, WITHIN THE
AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO NOT-FOR-PROFIT HOUSING COUN-
SELING ORGANIZATIONS SERVING HOMEOWNERS AT RISK OF LOSING THEIR HOMES,
AND LEGAL SERVICES ORGANIZATIONS, TO PROVIDE COUNSELING SERVICES AND
LEGAL REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK WHO
ARE FACING THREATS TO HOMEOWNERSHIP.
(C) THE DEPARTMENT OF LAW SHALL MAKE ONE-YEAR GRANTS, WITHIN THE
AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING
AND LEGAL SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS IN EVERY
A. 10006--B 33
COUNTY OF THE STATE AND TO ENSURE THAT THE STATUTORY MANDATES OF
SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED EIGHT
OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
(D) THE DEPARTMENT OF LAW SHALL MAKE ONE-YEAR GRANTS, WITHIN THE
AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE ADEQUATE TRAINING,
TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS-
ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER
THIS SECTION, AND TO ENSURE THE MANAGEMENT OF GRANTS AND SUPPORTIVE
SERVICES INCLUDING, BUT NOT LIMITED TO, TOLL-FREE HOTLINES, DEDICATED
OUTREACH, TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO
THE ORGANIZATIONS PROVIDING SERVICES.
3. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION AND LEGAL
SERVICES ORGANIZATION RECEIVING A GRANT UNDER THIS SECTION SHALL AT A
MINIMUM REPORT TO THE ATTORNEY GENERAL NO LATER THAN SIXTY DAYS AFTER
THE END OF EACH ONE-YEAR GRANT. SUCH REPORT SHALL INCLUDE AN ACCOUNTING
OF THE FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED.
§ 2. This act shall take effect immediately.
PART R
Section 1. Section 54-m of the state finance law, as added by section
104 of part WWW of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 54-m. Local share requirements associated with increasing the age of
juvenile jurisdiction above fifteen years of age. Notwithstanding any
other provision of law to the contrary, counties and the city of New
York shall not be required to contribute a local share of eligible
expenditures that would not have been incurred absent the provisions of
[a chapter] PART WWW OF CHAPTER 59 of the laws of two thousand seventeen
that added this section [unless the most recent budget adopted by a
county that is subject to the provisions of section three-c of the
general municipal law exceeded the tax levy limit prescribed in such
section or the local government is not subject to the provisions of
section three-c of the general municipal law; provided, however, that
the state budget director shall be authorized to waive any local share
of expenditures associated with a chapter of the laws of two thousand
seventeen that increased the age of juvenile jurisdiction above fifteen
years of age, upon a showing of financial hardship by a county or the
city of New York upon application in the form and manner prescribed by
the division of the budget. In evaluating an application for a financial
hardship waiver, the budget director shall consider the incremental cost
to the locality related to increasing the age of juvenile jurisdiction,
changes in state or federal aid payments, and other extraordinary costs,
including the occurrence of a disaster as defined in paragraph a of
subdivision two of section twenty of the executive law, repair and main-
tenance of infrastructure, annual growth in tax receipts, including
personal income, business and other taxes, prepayment of debt service
and other expenses, or such other factors that the director may deter-
mine].
§ 2. This act shall take effect April 1, 2026.
PART S
Section 1. Section 410-x of the social services law is amended by
adding a new subdivision 5-a to read as follows:
A. 10006--B 34
5-A. (A) FOR EACH GROUP FOR WHICH THE OFFICE OF CHILDREN AND FAMILY
SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
COST ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR WHEN
PROVIDING CHILD CARE. THE COST ESTIMATION MODEL SHALL IDENTIFY AND TAKE
INTO ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO EMPLOYEE SALARY
AND BENEFITS, ENROLLMENT LEVELS, FACILITY COSTS AND COMPLIANCE WITH
STATUTORY AND REGULATORY REQUIREMENTS. WHERE A QUALITY RATING SYSTEM OR
ANY QUALITY INDICATORS ARE BEING UTILIZED, THE COST ESTIMATION MODEL
SHALL ALSO TAKE INTO ACCOUNT THE COST OF PROVIDING SERVICES AT EACH
LEVEL OF QUALITY.
(B) IN DEVELOPING SUCH MODEL THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
PROVIDERS AND ANY STATE ADVISORY COUNCIL ESTABLISHED PURSUANT TO 42
U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
STATISTICALLY VALID, USING COMPLETE AND CURRENT DATA AND RIGOROUS
COLLECTION METHODS.
§ 2. Section 410-z of the social services law, as added by section 52
of part B of chapter 436 of the laws of 1997, is amended to read as
follows:
§ 410-z. Reporting requirements. 1. Each social services district
shall collect and submit to the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES, in such form and at such times as specified by the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES, such data and
information regarding child care assistance provided under the block
grant as the [department] OFFICE OF CHILDREN AND FAMILY SERVICES may
need to comply with federal reporting requirements.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD CARE IN
EACH SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
PARAGRAPH (A) OF SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED TEN-X OF
THIS TITLE. THE REPORT SHALL DETAIL COST DATA FOR EACH SETTING, AGE
GROUP, CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER
GROUPING FOR WHICH A SEPARATE COST ESTIMATION IS CONDUCTED. SUCH DATA
SHALL INCLUDE:
(A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
(B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
(C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING TO THE
MARKET RATE DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
PURSUANT TO SUBDIVISION FOUR OF SECTION FOUR HUNDRED TEN-X OF THIS
TITLE.
THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY JUNE FIRST, TWO
THOUSAND TWENTY-SEVEN. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
POST THE INFORMATION CONTAINED IN THE REPORT ON ITS WEBSITE.
§ 3. Section 410-z of the social services law, as added by chapter 32
of the laws of 2026, is amended to read as follows:
§ 410-z. Reporting requirements. 1. Each social services district
shall collect and submit to the office of children and family services,
in such form and at such times as specified by the office of children
and family services, such data and information regarding child care
assistance provided under the block grant as the office of children and
family services may need to comply with federal reporting requirements.
A. 10006--B 35
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD CARE IN
EACH SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
PARAGRAPH (A) OF SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED TEN-X OF
THIS TITLE. THE REPORT SHALL DETAIL COST DATA FOR EACH SETTING, AGE
GROUP, CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER
GROUPING FOR WHICH A SEPARATE COST ESTIMATION IS CONDUCTED. SUCH DATA
SHALL INCLUDE:
(A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
(B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
(C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING TO THE
MARKET RATE DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
PURSUANT TO SUBDIVISION FOUR OF SECTION FOUR HUNDRED TEN-X OF THIS
TITLE.
THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY JUNE FIRST, TWO
THOUSAND TWENTY-SEVEN. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
POST THE INFORMATION CONTAINED IN THE REPORT ON ITS WEBSITE.
§ 4. This act shall take effect immediately; provided, however, that
if chapter 32 of the laws of 2026 shall not have taken effect on or
before such date then section three of this act shall take effect on the
same date and in the same manner as such chapter of the laws of 2026,
takes effect.
PART T
Section 1. Section 410-w of the social services law is amended by
adding a new subdivision 11 to read as follows:
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THERE SHALL BE NO MINIMUM EARNINGS REQUIREMENT FOR PARENTS
AND CARETAKERS WHO ARE OTHERWISE ELIGIBLE FOR CHILD CARE ASSISTANCE
PURSUANT TO THIS SECTION TO RECEIVE SUCH ASSISTANCE.
§ 2. This act shall take effect immediately.
PART U
Section 1. Subdivision 14 of section 131-a of the social services law,
as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
amended to read as follows:
14. In determining the [need for] AMOUNT OF aid provided pursuant to
public assistance programs, each person living with medically diagnosed
HIV infection [as defined by the AIDS institute of the department of
health] in social services districts with a population over five million
who is receiving [services through such district's administrative unit
providing HIV/AIDS services,] public assistance and HAS earned and/or
unearned income, shall not be required to pay more than thirty percent
of [his or her] SUCH PERSON'S monthly earned and/or unearned income
toward the cost of rent that such person has a direct obligation to pay;
this provision shall not apply to THE AMOUNT OF PAYMENT OBLIGATIONS FOR
room and board arrangements ATTRIBUTABLE TO THE PROVISION OF GOODS AND
SERVICES OTHER THAN LIVING SPACE.
§ 2. Subdivision 15 of section 131-a of the social services law, as
added by section 2 of part ZZ of chapter 59 of the laws of 2018, is
amended to read as follows:
A. 10006--B 36
15. In determining the [need for] AMOUNT OF aid provided pursuant to
public assistance programs, each public assistance recipient living with
medically diagnosed HIV infection [as defined by the AIDS institute of
the department of health] in social services districts with a population
of five million or fewer, at local option [and in accordance with a plan
approved by the office of temporary and disability assistance, may]
SHALL:
(A) not be required to pay more than thirty percent of [his or her]
SUCH PERSON'S monthly earned and/or unearned income toward the cost of
rent that such person has a direct obligation to pay; this provision
shall not apply to THE AMOUNT OF PAYMENT OBLIGATIONS FOR room and board
arrangements[.] ATTRIBUTABLE TO THE PROVISIONS OF GOODS AND SERVICES
OTHER THAN LIVING SPACES; AND
(B) BE PROVIDED ACCESS TO EMERGENCY SHELTER, TRANSPORTATION, OR NUTRI-
TION PAYMENTS WHICH THE DISTRICT DETERMINES ARE NECESSARY TO ESTABLISH
OR MAINTAIN INDEPENDENT LIVING ARRANGEMENTS AMONG PERSONS LIVING WITH
MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING HOMELESS-
NESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUSING IS
AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS
OF THOSE PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE BUT NOT EXCEEDING AN AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED
TEN PERCENT OF FAIR MARKET RENT AS DETERMINED BY THE FEDERAL DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT.
§ 3. Section 131 of the social services law is amended by adding two
new subdivisions 21 and 22 to read as follows:
21. WHEN NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT SHALL ASSIST
PERSONS WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO SECURE
THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II)
ARRANGING FOR REQUIRED FACE-TO-FACE INTERVIEWS TO BE CONDUCTED DURING
HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS
FOR SERVICES AS WELL AS OTHER RESOURCES AND MATERIALS AS DESCRIBED IN
SUBDIVISION TWENTY-TWO OF THIS SECTION.
22. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL
CREATE, MAINTAIN, AND PERIODICALLY UPDATE INFORMATION ON THE OFFICE'S
WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING
THE LOCATION OF SUCH SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED
TO, COMMUNITY BASED SUPPORTS, EMPLOYMENT OPPORTUNITIES, AND MEDICAL
PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG-
NOSED HIV INFECTION TO BE UTILIZED BY THE LOCAL SOCIAL SERVICES
DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S
WEBSITE.
§ 4. Paragraphs f and (g) of subdivision 1 of section 153 of the
social services law, paragraph f as amended by chapter 81 of the laws of
1995 and paragraph (g) as amended by chapter 471 of the laws of 1980,
are amended and a new paragraph h is added to read as follows:
f. the full amount expended by any district, city, town or Indian
tribe for the costs, including the costs of administration of public
assistance and care to eligible needy Indians and members of their fami-
lies residing on any Indian reservation in this state, after first
deducting therefrom any federal funds properly received or to be
received on account thereof[.];
[(g)] G. fifty per centum of the amount expended for substance abuse
services pursuant to this chapter, after first deducting therefrom any
federal funds properly received or to be received on account thereof. In
the event funds appropriated for such services are insufficient to
provide full reimbursement of the total of the amounts claimed by all
A. 10006--B 37
social services districts pursuant to this section then reimbursement
shall be in such proportion as each claim bears to such total[.]; AND
H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED PER
CENTUM OF SAFETY NET OR FAMILY ASSISTANCE EXPENDITURES, IN SOCIAL
SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION OR FEWER, FOR HIV
EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT EXCEEDING AN
AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET
RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT
DETERMINES ARE NECESSARY TO ESTABLISH OR MAINTAIN INDEPENDENT LIVING
ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION
AND WHO ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND
LESS COSTLY ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER FIRST DEDUCTING
THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON
ACCOUNT THEREOF.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
PART V
Section 1. Subdivision 1 of section 669-h of the education law, as
amended by section 1 of part T of chapter 56 of the laws of 2018, is
amended to read as follows:
1. Eligibility. An excelsior scholarship award shall be made to an
applicant who: (a) is matriculated in an approved program leading to an
undergraduate degree at a New York state public institution of higher
education; (b) if enrolled in (i) a public institution of higher educa-
tion prior to application, has completed at least thirty combined cred-
its per year following the student's start date, or its equivalent,
applicable to [his or her] THE APPLICANT'S program or programs of study
or (ii) an institution of higher education prior to application, has
completed at least thirty combined credits per year following the
student's start date, or its equivalent, applicable to [his or her] THE
APPLICANT'S program or programs of study and which were accepted upon
transfer to a public institution of higher education; (c) enrolls in at
least twelve credits per semester and completes at least thirty combined
credits per year following the student's start date, or its equivalent,
applicable to [his or her] THE APPLICANT'S program or programs of study
except in limited circumstances as prescribed by the corporation in
regulation. Notwithstanding, in the student's last semester, the
student may take at least one course needed to meet [his or her] THE
APPLICANT'S graduation requirements and enroll in and complete at least
twelve credit hours or its equivalent. For students who are disabled as
defined by the Americans With Disabilities Act of 1990, 42 USC 12101,
the corporation shall prescribe rules and regulations that allow appli-
cants who are disabled to be eligible for an award pursuant to this
section based on modified criteria; (d) has an adjusted gross income for
the qualifying year, as such terms are defined in this subdivision,
equal to or less than: (i) one hundred thousand dollars for recipients
receiving an award in the two thousand seventeen--two thousand eighteen
academic year; (ii) one hundred ten thousand dollars for recipients
receiving an award in the two thousand eighteen--two thousand nineteen
academic year; [and] (iii) one hundred twenty-five thousand dollars for
recipients receiving an award in the two thousand nineteen--two thousand
twenty academic year [and thereafter] THROUGH THE TWO THOUSAND TWENTY-
A. 10006--B 38
FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC YEAR; AND (IV) ONE HUNDRED FIFTY
THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN ACADEMIC YEAR AND THEREAFTER; and
(e) complies with the applicable provisions of this article and all
requirements promulgated by the corporation for the administration of
the program. Adjusted gross income shall be the total of the combined
adjusted gross income of the applicant and the applicant's parents or
the applicant and the applicant's spouse, if married. Qualifying year
shall be the adjusted gross income as reported on the federal income tax
return, or as otherwise obtained by the corporation, for the calendar
year coinciding with the tax year established by the U.S. department of
education to qualify applicants for federal student financial aid
programs authorized by Title IV of the Higher Education Act of nineteen
hundred sixty-five, as amended, for the school year in which application
for assistance is made. Provided, however, if an applicant demonstrates
to the corporation that there has been a change in such applicant's
adjusted gross income in the year(s) subsequent to the qualifying year
which would qualify such applicant for an award, the corporation shall
review and make a determination as to whether such applicant meets the
requirement set forth in paragraph (d) of this subdivision based on such
year. Provided, further that such change was caused by the death, perma-
nent and total physical or mental disability, divorce, or separation by
judicial decree or pursuant to an agreement of separation which is filed
with a court of competent jurisdiction of any person whose income was
required to be used to compute the applicant's total adjusted gross
income.
§ 2. This act shall take effect immediately and shall apply to academ-
ic year 2026-2027 and thereafter.
PART W
Section 1. Subparagraphs (ii) and (iii) of paragraph a of subdivision
3 of section 667 of the education law, as amended by section 1 of part X
of chapter 56 of the laws of 2024, are amended to read as follows:
(ii) Except for students as noted in subparagraph (iii) of this para-
graph, the base amount as determined from subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than [seven] THIRTY None
thousand dollars
(B) [Seven] THIRTY [Seven] TEN per
thousand dollars or centum of excess
more, but [less] NOT MORE over
than [eleven] [seven] THIRTY
ONE HUNDRED FIFTY 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 one plus twelve per centum of
hundred twenty-five excess over eighteen
thousand dollars thousand dollars]
A. 10006--B 39
(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] NOT [amount in excess of three]
more than thirty [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
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
(1) Less than [seven] THIRTY None
thousand dollars
(2) [Seven] THIRTY [Seven] TWENTY
thousand dollars or per centum of excess
more, but [less] NOT over [seven]
MORE than THIRTY
[eleven] SIXTY 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 sixty plus twelve per centum of
thousand dollars excess over eighteen
thousand dollars]
§ 2. This act shall take effect immediately and shall apply to academ-
ic years 2026-2027 and thereafter.
PART X
Section 1. Section 22-c of the state finance law is amended by adding
a new subdivision 7 to read as follows:
7. ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-SEVEN AND BY APRIL
FIRST OF 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
A. 10006--B 40
OTHER MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING FOR NEW
INFRASTRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES SHALL NOT COUNT TOWARD
MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT. IN THE EVENT THAT
SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRITICAL MAINTE-
NANCE 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 MAINTE-
NANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING THE
EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF CAPI-
TAL 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 CITY UNIVERSI-
TY OF NEW YORK.
§ 2. This act shall take effect immediately.
PART Y
Section 1. The opening paragraph of subparagraph 1 of paragraph b of
subdivision 3 of section 663 of the education law, as amended by section
5 of part J of chapter 58 of the laws of 2011, is amended to read as
follows:
The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the beginning of the academic
year for which application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth prior to
the academic year for which application is made OR IS A GRADUATE
STUDENT, and who, during the calendar year next preceding the semester,
quarter or term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
§ 2. The education law is amended by adding a new section 667-b to
read as follows:
§ 667-B. TUITION ASSISTANCE PROGRAM AWARDS FOR GRADUATE STUDENTS. 1.
RECIPIENT QUALIFICATIONS. TUITION ASSISTANCE PROGRAM AWARDS ARE AVAIL-
ABLE FOR ALL GRADUATE STUDENTS WHO ARE ENROLLED IN APPROVED PROGRAMS AND
WHO DEMONSTRATE THE ABILITY TO COMPLETE SUCH COURSES, IN ACCORDANCE WITH
STANDARDS ESTABLISHED BY THE COMMISSIONER; PROVIDED, HOWEVER, THAT NO
AWARD SHALL EXCEED ONE HUNDRED PERCENT OF THE AMOUNT OF TUITION CHARGED.
2. DURATION. NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR MORE THAN FOUR
ACADEMIC YEARS OF STUDY; PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT
SHALL BE ELIGIBLE FOR MORE THAN ONE DEGREE PROGRAM AT THE MASTER'S,
FIRST PROFESSIONAL OR DOCTORATE LEVEL. NO STUDENT SHALL BE ELIGIBLE FOR
A TOTAL OF MORE THAN THE EQUIVALENT OF EIGHT YEARS OF COMBINED UNDER-
GRADUATE AND GRADUATE STUDY, PURSUANT TO THIS SECTION AND SECTION SIX
HUNDRED SIXTY-SEVEN OF THIS PART. A GRADUATE STUDENT ENROLLED IN AN
APPROVED TWO OR FOUR-YEAR PROGRAM OF STUDY APPROVED BY THE COMMISSIONER
WHO MUST TRANSFER TO ANOTHER INSTITUTION AS A RESULT OF PERMANENT
COLLEGE CLOSURE SHALL BE ELIGIBLE FOR UP TO TWO ADDITIONAL SEMESTERS, OR
THEIR EQUIVALENT, TO THE EXTENT CREDITS NECESSARY TO COMPLETE THE GRADU-
ATE STUDENT'S PROGRAM OF STUDY WERE DEEMED NON-TRANSFERABLE FROM THE
CLOSED INSTITUTION OR WERE DEEMED NOT APPLICABLE TO SUCH STUDENT'S
PROGRAM OF STUDY BY THE NEW INSTITUTION.
A. 10006--B 41
3. TUITION ASSISTANCE PROGRAM AWARDS. A. AMOUNT. THE PRESIDENT SHALL
MAKE AWARDS TO GRADUATE STUDENTS ENROLLED IN DEGREE-GRANTING INSTI-
TUTIONS 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 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 GRADUATE STUDENTS WHO HAVE NOT BEEN GRANTED AN
EXCLUSION OF PARENTAL INCOME, WHO HAVE QUALIFIED AS AN ORPHAN, FOSTER
CHILD, OR WARD OF THE COURT FOR THE PURPOSES OF FEDERAL STUDENT FINAN-
CIAL 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 GRADUATE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF
PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT FIVE THOUSAND
SIX HUNDRED SIXTY-FIVE DOLLARS.
(2) IN THE CASE OF GRADUATE STUDENTS RECEIVING AWARDS PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH AND THOSE GRADUATE STUDENTS WHO
HAVE BEEN GRANTED EXCLUSION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO
OTHER DEPENDENT (A) THREE THOUSAND FIVE HUNDRED TWENTY-FIVE DOLLARS, OR
(B) ONE HUNDRED PERCENT OF THE AMOUNT OF TUITION (EXCLUSIVE OF EDUCA-
TIONAL FEES) CHARGED.
(II) EXCEPT FOR GRADUATE STUDENTS AS NOTED IN SUBPARAGRAPH (III) OF
THIS PARAGRAPH, 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 NONE
THOUSAND DOLLARS
(B) SEVEN THOUSAND DOLLARS SEVEN PER CENTUM OF EXCESS OVER
OR MORE, BUT LESS THAN ELEVEN SEVEN THOUSAND DOLLARS
THOUSAND DOLLARS
(C) ELEVEN THOUSAND DOLLARS TWO HUNDRED EIGHTY DOLLARS PLUS TEN
OR MORE, BUT LESS THAN PER CENTUM OF EXCESS OVER
EIGHTEEN THOUSAND DOLLARS ELEVEN THOUSAND DOLLARS
(D) EIGHTEEN THOUSAND DOLLARS NINE HUNDRED EIGHTY DOLLARS
OR MORE, BUT NOT MORE THAN PLUS TWELVE PER CENTUM OF EXCESS OVER
ONE HUNDRED TWENTY-FIVE EIGHTEEN THOUSAND DOLLARS
THOUSAND DOLLARS
(III) (A) FOR GRADUATE 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
(1) LESS THAN THREE NONE
THOUSAND DOLLARS
(2) THREE THOUSAND DOLLARS THIRTY-ONE PER CENTUM OF AMOUNT IN
OR MORE, BUT NOT MORE THAN EXCESS OF THREE
THIRTY THOUSAND DOLLARS THOUSAND DOLLARS
(B) FOR THOSE GRADUATE 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
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
(1) LESS THAN SEVEN NONE
A. 10006--B 42
THOUSAND DOLLARS
(2) SEVEN THOUSAND DOLLARS SEVEN PER CENTUM OF EXCESS OVER SEVEN
OR MORE, BUT LESS THAN THOUSAND DOLLARS
ELEVEN THOUSAND DOLLARS
(3) ELEVEN THOUSAND DOLLARS TWO HUNDRED EIGHTY DOLLARS PLUS
OR MORE, BUT LESS THAN TEN PER CENTUM OF EXCESS OVER ELEVEN
EIGHTEEN THOUSAND DOLLARS THOUSAND DOLLARS
(4) EIGHTEEN THOUSAND DOLLARS NINE HUNDRED EIGHTY DOLLARS PLUS
OR MORE, BUT NOT MORE THAN TWELVE PER CENTUM OF EXCESS OVER
SIXTY THOUSAND DOLLARS 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 GRADUATE
STUDENT WHO HAS RECEIVED FOUR OR MORE PAYMENTS PURSUANT TO ANY AND ALL
AWARDS PROVIDED FOR IN THIS SUBDIVISION, THE BASE AMOUNT SHALL BE
REDUCED BY AN ADDITIONAL ONE HUNDRED DOLLARS.
(V) THE AWARD SHALL BE THE NET AMOUNT OF THE BASE AMOUNT DETERMINED
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 THOUSAND DOLLARS.
§ 3. This act shall take effect immediately and shall apply to academ-
ic year 2026-2027 and thereafter.
PART Z
Section 1. Part V of article 14 of the education law is REPEALED and a
new part V is added to read as follows:
PART V
NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM
SECTION 690. DEFINITIONS.
691. POWERS AND DUTIES.
692. EDUCATION LOANS; SPECIAL REQUIREMENTS.
693. REPAYMENT OF LOANS.
694. SALE OF EDUCATION LOANS.
694-A. MISCELLANEOUS.
694-B. REPORTING.
§ 690. DEFINITIONS. AS USED IN THIS PART, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
1. "EDUCATION LOAN" SHALL MEAN ANY LOAN THAT IS MADE UNDER THIS
PROGRAM TO FINANCE OR REFINANCE HIGHER EDUCATION EXPENSES AT AN ELIGIBLE
COLLEGE.
2. "ELIGIBLE BORROWER" OR "BORROWER" SHALL MEAN (A) A STUDENT WHO IS A
RESIDENT OF NEW YORK STATE ATTENDING, OR ACCEPTED FOR ENROLLMENT AT, AN
ELIGIBLE COLLEGE, OR (B) THE PARENT, LEGAL GUARDIAN, OR SPONSOR, AS
DEFINED BY THE CORPORATION IN REGULATION, OF A STUDENT ATTENDING, OR
ACCEPTED FOR ENROLLMENT AT, AN ELIGIBLE COLLEGE WHO IS A RESIDENT OF NEW
YORK STATE, AND WHO OBTAINS AN EDUCATION LOAN FROM A LENDING INSTITUTION
TO PAY FOR OR FINANCE HIGHER EDUCATION EXPENSES UNDER THIS PROGRAM.
3. "ELIGIBLE COLLEGE" SHALL MEAN A POST-SECONDARY INSTITUTION, LOCATED
WITHIN NEW YORK STATE, ELIGIBLE FOR FUNDS UNDER TITLE IV OF THE HIGHER
EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, OR SUCCESSOR
STATUTE OFFERING A TWO-YEAR, FOUR-YEAR, GRADUATE OR PROFESSIONAL DEGREE
GRANTING OR CERTIFICATE PROGRAM.
4. "ELIGIBLE CO-SIGNER" SHALL MEAN A PARENT, LEGAL GUARDIAN OR OTHER-
WISE CREDIT WORTHY INDIVIDUAL OVER TWENTY-ONE YEARS OF AGE WHO SATISFIES
APPLICABLE CREDIT CRITERIA APPROVED BY THE CORPORATION AND IS A RESIDENT
OF NEW YORK STATE.
A. 10006--B 43
5. "HIGHER EDUCATION EXPENSES" SHALL MEAN THE COST OF ATTENDANCE AT AN
ELIGIBLE COLLEGE AND SHALL INCLUDE TUITION AND FEES, BOOKS, ROOM AND
BOARD, AND OTHER EDUCATIONALLY RELATED EXPENSES, AS DETERMINED BY THE
CORPORATION.
6. "HOLDER" SHALL MEAN, WITH RESPECT TO AN EDUCATION LOAN: (A) A LEND-
ER; (B) A PUBLIC BENEFIT CORPORATION AUTHORIZED TO FINANCE THE PURCHASE
OR MAKING OF EDUCATION LOANS PURSUANT TO THE PUBLIC AUTHORITIES LAW; OR
(C) ANY ASSIGNEE OF SUCH LENDER OR PUBLIC BENEFIT CORPORATION.
7. "LENDING INSTITUTION" OR "LENDER" SHALL MEAN ANY ENTITY THAT ITSELF
OR THROUGH AN AFFILIATE ORIGINATES EDUCATION LOANS, OTHER THAN AN ENTITY
AUTHORIZED TO FINANCE THE PURCHASE OR MAKING OF EDUCATION LOANS THROUGH
THE ISSUANCE OF BONDS PURSUANT TO THE PUBLIC AUTHORITIES LAW.
8. "PROGRAM" SHALL MEAN THE NEW YORK REINVESTS IN STUDENT EDUCATIONAL
SUPPORTS PROGRAM ESTABLISHED BY THIS PART.
9. "STUDENT" SHALL MEAN ANY INDIVIDUAL WHO IS ENROLLED AT LEAST HALF-
TIME, AS DEFINED BY THE COMMISSIONER, IN A TWO-YEAR, FOUR-YEAR, GRADUATE
OR PROFESSIONAL DEGREE GRANTING OR CERTIFICATE PROGRAM AT AN ELIGIBLE
COLLEGE.
§ 691. POWERS AND DUTIES. IN FURTHERANCE OF THE PURPOSES SET FORTH IN
THIS PART, THE CORPORATION SHALL HAVE THE FOLLOWING ADDITIONAL POWERS
AND DUTIES:
1. TO MARKET, ORIGINATE, DISBURSE, SERVICE, COLLECT, ADMINISTER, GUAR-
ANTEE, SECURE, FINANCE, AND PURCHASE EDUCATION LOANS NOT IN DEFAULT
STATUS MADE UNDER THIS PROGRAM OR CONTRACT FOR THESE SERVICES.
2. TO PURCHASE DEFAULTED EDUCATION LOANS MADE UNDER THIS PROGRAM.
3. TO ESTABLISH AND MAINTAIN ONE OR MORE DEFAULT RESERVE FUNDS AND
ACCOUNTS WITHIN SUCH FUNDS, IN ACCORDANCE WITH THE TERMS OF THIS
PROGRAM.
4. TO DEVELOP AND ADMINISTER OR CONTRACT TO ADMINISTER ONE OR MORE
FINANCIAL LITERACY PROGRAMS.
5. TO PROVIDE OR CONTRACT TO PROVIDE DEFAULT AVERSION SERVICES.
6. TO ESTABLISH CRITERIA FOR ELIGIBLE COLLEGES, LENDERS, AND OTHER
ENTITIES SUCH AS, BUT NOT LIMITED TO, SERVICERS, AND TO ENTER INTO
PARTICIPATION AGREEMENTS WITH ANY SUCH ELIGIBLE COLLEGES, LENDERS, AND
OTHER ENTITIES AND ANY ENTITY AUTHORIZED TO FINANCE THE PURCHASE OR
MAKING OF EDUCATION LOANS THROUGH THE ISSUANCE OF BONDS PURSUANT TO THE
PUBLIC AUTHORITIES LAW, AND ANY SUBSEQUENT PURCHASER OF EDUCATION LOANS
MADE UNDER THIS PROGRAM.
7. TO ESTABLISH CRITERIA FOR ALL LENDER UNDERWRITING, EDUCATION LOAN
PURCHASES, SERVICING AND DEFAULT INSURANCE PAYMENTS.
8. TO ESTABLISH CRITERIA FOR THE DISTRIBUTION OF EDUCATION LOANS MADE
UNDER THIS PROGRAM.
9. TO AUDIT LENDERS, SERVICERS, HOLDERS, AND ELIGIBLE COLLEGES FOR
PROGRAM COMPLIANCE.
10. TO ADOPT RULES AND REGULATIONS TO IMPLEMENT THIS PROGRAM.
§ 692. EDUCATION LOANS; SPECIAL REQUIREMENTS. IN ANY YEAR IN WHICH
FIXED RATE EDUCATION LOANS ARE TO BE ACQUIRED USING THE PROCEEDS OF
BONDS ISSUED BY THE STATE OF NEW YORK MORTGAGE AGENCY OR OTHER PUBLIC
BENEFIT CORPORATION AUTHORIZED TO ISSUE BONDS FOR THE PURPOSES OF THIS
PROGRAM, PREFERENCE SHALL BE GIVEN TO EDUCATION LOANS MADE TO ELIGIBLE
BORROWERS FOR THE BENEFIT OF STUDENTS WHO DEMONSTRATE FINANCIAL NEED
BASED ON SUCH STUDENT'S FAMILY GROSS INCOME AND TO EDUCATION LOANS MADE
TO ELIGIBLE BORROWERS FOR THE BENEFIT OF STUDENTS ACCEPTED OR ENROLLED
IN A GRADUATE OR PROFESSIONAL DEGREE GRANTING PROGRAM, PURSUANT TO RULES
AND REGULATIONS PROMULGATED BY THE CORPORATION AFTER CONSULTATION WITH
A. 10006--B 44
THE STATE OF NEW YORK MORTGAGE AGENCY OR OTHER PUBLIC BENEFIT CORPO-
RATION AUTHORIZED TO ISSUE BONDS FOR THE PURPOSES OF THIS PROGRAM.
1. TERMS AND CONDITIONS. (A) ELIGIBLE BORROWERS SHALL APPLY FOR EDUCA-
TION LOANS UNDER THIS PROGRAM ON FORMS PRESCRIBED BY THE CORPORATION.
(B) EXCEPT AS MAY BE PROVIDED BY REGULATION, A STUDENT FOR WHOM AN
EDUCATION LOAN IS MADE SHALL BE REQUIRED TO FIRST APPLY FOR AND EXHAUST:
(I) THEIR MAXIMUM ELIGIBILITY OF LOANS UNDER THE FEDERAL DIRECT STUDENT
LOAN PROGRAM (FDSLP), EXCLUDING PLUS LOANS; (II) ANY OTHER FEDERAL
STUDENT AID, OTHER THAN HEAL LOANS AND OTHER AID PERMITTED BY THE CORPO-
RATION TO BE EXCLUDED; (III) ANY STATE STUDENT AID; AND (IV) ANY OTHER
STUDENT AID AS PRESCRIBED BY THE CORPORATION BEFORE BEING ELIGIBLE FOR
ANY EDUCATION LOAN UNDER THIS PROGRAM.
(C) BORROWERS SHALL SUCCESSFULLY COMPLETE A FINANCIAL LITERACY COURSE
AS PRESCRIBED BY THE CORPORATION.
(D) STUDENT BORROWERS MUST APPLY FOR EDUCATION LOANS UNDER THIS
PROGRAM WITH AN ELIGIBLE CO-SIGNER.
(E) A BORROWER, OR CO-SIGNER, WHO IS IN DEFAULT ON AN EDUCATION LOAN
MADE UNDER THIS PROGRAM, THE WILLIAMS D. FORD PROGRAM, OR HAS FAILED TO
COMPLY WITH THE TERMS AND CONDITIONS OF ANY AWARD UNDER THIS ARTICLE AND
HAS FAILED TO SATISFACTORILY CURE SUCH DEFAULT OR NON-COMPLIANCE AS
PRESCRIBED BY APPLICABLE LAW OR REGULATION SHALL BE INELIGIBLE TO
RECEIVE A LOAN UNDER THIS PROGRAM, AND SHALL FURTHER BE INELIGIBLE FOR
ANY OTHER STATE STUDENT AID WHILE IN DEFAULT ON AN EDUCATION LOAN MADE
UNDER THIS PROGRAM.
(F) PARTICIPATING ELIGIBLE COLLEGES, LENDING INSTITUTIONS, AND OTHER
PARTICIPANTS IN THIS PROGRAM SHALL BE REQUIRED TO ENTER INTO A PARTIC-
IPATION AGREEMENT WITH THE CORPORATION AND COMPLY WITH ALL REPORTING AND
PROCESSING REQUIREMENTS AND PROCEDURES AS ESTABLISHED BY THE CORPO-
RATION. THESE PARTICIPATION AGREEMENTS SHALL CONTAIN SUCH OTHER SPECIFIC
TERMS AND CONDITIONS OF THE PROGRAM AS SHALL BE DETERMINED BY THE CORPO-
RATION.
2. CITIZENSHIP. A BORROWER MUST BE: (A) A CITIZEN OF THE UNITED
STATES; OR
(B) A NONCITIZEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE
UNITED STATES; OR
(C) AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY
GENERAL OF THE UNITED STATES UNDER THEIR PAROLE AUTHORITY PERTAINING TO
THE ADMISSION OF NONCITIZENS TO THE UNITED STATES.
3. LOAN LIMITS. EDUCATION LOANS MADE UNDER THIS PROGRAM SHALL HAVE
ANNUAL AND CUMULATIVE LOAN LIMITS AS APPROVED FROM TIME TO TIME BY THE
CORPORATION, SUBJECT TO THE APPROVAL OF THE STATE OF NEW YORK MORTGAGE
AGENCY, OR OTHER PUBLIC BENEFIT CORPORATION AUTHORIZED TO ISSUE BONDS
UNDER THE PUBLIC AUTHORITIES LAW FOR PURPOSES OF THIS PROGRAM, WITH
RESPECT TO LOANS THAT ARE EXPECTED TO BE FINANCED BY SUCH ENTITY.
4. INTEREST RATES. THE INTEREST RATE OF LOANS MADE UNDER THIS PROGRAM
SHALL BE ESTABLISHED IN A MANNER THAT SHALL BE APPROVED AT LEAST ANNUAL-
LY BY THE CORPORATION, SUBJECT TO THE APPROVAL OF THE STATE OF NEW YORK
MORTGAGE AGENCY, OR OTHER SUBJECT TO PUBLIC BENEFIT CORPORATION AUTHOR-
IZED TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR PURPOSES OF
THIS PROGRAM, WITH RESPECT TO LOANS THAT ARE EXPECTED TO BE FINANCED BY
SUCH ENTITY.
5. DEFAULT FEE. A PERCENTAGE OF THE EDUCATION LOAN SHALL BE PAID AS A
DEFAULT FEE, BY OR ON BEHALF OF THE BORROWER OR THE LENDER, IN AN AMOUNT
TO BE ESTABLISHED AT LEAST ANNUALLY BY THE CORPORATION SUBJECT TO THE
APPROVAL OF THE STATE OF NEW YORK MORTGAGE AGENCY, OR OTHER PUBLIC BENE-
FIT CORPORATION AUTHORIZED TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES
A. 10006--B 45
LAW FOR PURPOSES OF THIS PROGRAM, WITH RESPECT TO LOANS THAT ARE
EXPECTED TO BE FINANCED BY SUCH ENTITY. THE DEFAULT FEE ESTABLISHED BY
THE CORPORATION, SUBJECT TO THE APPROVAL OF THE STATE OF NEW YORK MORT-
GAGE AGENCY, OR OTHER PUBLIC BENEFIT CORPORATION AUTHORIZED TO ISSUE
BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR PURPOSES OF THIS PROGRAM,
WITH RESPECT TO EDUCATION LOANS THAT ARE EXPECTED TO BE FINANCED BY SUCH
ENTITY, SHALL BE A PERCENTAGE OF THE PRINCIPAL AMOUNT OF SUCH LOANS, AS
DETERMINED BY THE CORPORATION, THAT, TOGETHER WITH OTHER AMOUNTS ON
DEPOSIT IN THE APPLICABLE DEFAULT RESERVE FUND, SHALL NOT EXCEED AN
AMOUNT SUFFICIENT TO ENSURE THAT THE BALANCE OF SUCH FUNDS SATISFIES THE
OBLIGATIONS OF SUCH DEFAULT RESERVE FUND AND PERMITS SUCH LOANS TO BE
FINANCED. THIS FEE MAY BE CONSIDERED PART OF THE COST OF ATTENDANCE FOR
THE PURPOSE OF CALCULATING THE LOAN AMOUNT FOR THIS PROGRAM AND SHALL BE
TRANSMITTED TO THE CORPORATION IN ACCORDANCE WITH RULES OR REGULATIONS
PROMULGATED BY THE CORPORATION. THE CORPORATION SHALL DEPOSIT THESE
FUNDS INTO A DESIGNATED ACCOUNT WITHIN THE NEW YORK REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS PROGRAM VARIABLE RATE DEFAULT RESERVE FUND, THE NEW
YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM FIXED RATE
DEFAULT RESERVE FUND, OR THE STATE OF NEW YORK MORTGAGE AGENCY NEW YORK
REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM DEFAULT RESERVE FUND,
AS APPLICABLE.
6. CONSOLIDATION. EDUCATION LOANS MADE PURSUANT TO THIS PROGRAM MAY BE
ELIGIBLE FOR CONSOLIDATION UPON THE TERMS AND CONDITIONS ESTABLISHED BY
THE CORPORATION. ANY PERSON CONSOLIDATING EDUCATION LOANS UNDER THIS
PROGRAM SHALL BE CONSIDERED A BORROWER FOR PURPOSES OF THIS PART.
7. DEFAULT RESERVE FUNDS. (A) ONE OR MORE DEFAULT RESERVE FUNDS SHALL
BE ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER PURSUANT TO SECTIONS
SEVENTY-EIGHT-A AND SEVENTY-EIGHT-B OF THE STATE FINANCE LAW. ONE OR
MORE DEFAULT RESERVE FUNDS SHALL BE ESTABLISHED IN THE CUSTODY OF THE
STATE OF NEW YORK MORTGAGE AGENCY PURSUANT TO SUBDIVISION SIX OF SECTION
TWO THOUSAND FOUR HUNDRED FIVE-A OF THE PUBLIC AUTHORITIES LAW. THESE
FUNDS SHALL BE USED BY THE CORPORATION TO PAY DEFAULT CLAIMS TO PARTIC-
IPATING LENDERS AND HOLDERS OF EDUCATION LOANS MADE PURSUANT TO THIS
PROGRAM.
(B) THE CORPORATION SHALL PROMPTLY DEPOSIT OR TRANSFER INTO THE NEW
YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM VARIABLE RATE
DEFAULT RESERVE FUND CREATED BY SECTION SEVENTY-EIGHT-A OF THE STATE
FINANCE LAW, THE NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
PROGRAM FIXED RATE DEFAULT RESERVE FUND CREATED BY SECTION SEVENTY-
EIGHT-B OF THE STATE FINANCE LAW OR THE STATE OF NEW YORK MORTGAGE AGEN-
CY NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM DEFAULT
RESERVE FUND CREATED BY SUBDIVISION SIX OF SECTION TWO THOUSAND FOUR
HUNDRED FIVE-A OF THE PUBLIC AUTHORITIES LAW, WITH RESPECT TO EDUCATION
LOANS, DESCRIBED IN SUCH PROVISIONS, ANY MONEYS RECEIVED IN CONNECTION
WITH THIS PROGRAM OTHER THAN PAYMENTS OF PRINCIPAL AND INTEREST OF
EDUCATION LOANS THAT ARE NOT IN DEFAULT STATUS, INCLUDING, BUT NOT
LIMITED TO: (I) DEFAULT FEES; (II) FEES RECEIVED FROM ELIGIBLE COLLEGES;
(III) FUNDS RECEIVED FOR THE REPAYMENT OF DEFAULTED EDUCATION LOANS, THE
UNPAID PRINCIPAL, CAPITALIZED AND UNPAID ACCRUED INTEREST OF WHICH HAVE
BEEN PAID FROM THE FUNDS, INCLUDING WITHOUT LIMITATION ALL SUCH AMOUNTS
RECEIVED THROUGH THE OPERATION OF VOLUNTARY COLLECTION ACTIVITIES,
ADMINISTRATIVE WAGE GARNISHMENT OR CREDIT OF TAX OVERPAYMENTS LESS ANY
AMOUNTS RECEIVED FOR COLLECTION FEES ASSESSED BY THE CORPORATION; (IV)
CONTRACTUAL PENALTIES AND SUBSIDY FEES; (V) ANY AMOUNT THAT MAY BE
APPROPRIATED TO THE CORPORATION; (VI) ANY AMOUNT RECEIVED BY THE CORPO-
A. 10006--B 46
RATION OR ANY AGENT FROM ANY OTHER SOURCE FOR DEPOSIT THEREIN; AND (VII)
INTEREST AND INVESTMENT INCOME EARNED BY THE FUNDS.
8. LENDER DUE DILIGENCE. PARTICIPATING LENDERS SHALL BE REQUIRED TO
PERFORM ALL DUE DILIGENCE REQUIREMENTS AS PRESCRIBED BY THE CORPORATION
AND INCORPORATED INTO THE PARTICIPATION AGREEMENT AND INTO REGULATIONS
PROMULGATED BY THE CORPORATION.
9. ELIGIBLE COLLEGE REQUIREMENTS. (A) PARTICIPATING ELIGIBLE COLLEGES
SHALL BE REQUIRED TO CERTIFY LOAN ELIGIBILITY UPON FORMS PRESCRIBED BY
THE CORPORATION AND INCORPORATED INTO THE PARTICIPATION AGREEMENT AND
PURSUANT TO REGULATIONS PROMULGATED BY THE CORPORATION.
(B) PARTICIPATING ELIGIBLE COLLEGES SHALL BE REQUIRED TO CONTRIBUTE A
ONE PERCENT FEE PRESCRIBED BY THE CORPORATION, SUBJECT TO THE APPROVAL
OF THE STATE OF NEW YORK MORTGAGE AGENCY, OR OTHER PUBLIC BENEFIT CORPO-
RATION AUTHORIZED TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR
PURPOSES OF THIS PROGRAM, WITH RESPECT TO LOANS THAT ARE EXPECTED TO BE
FINANCED BY SUCH ENTITY, BASED UPON THE LOAN DOLLAR VOLUME OR HAVE THE
CONTRIBUTION MADE ON ITS BEHALF, PURSUANT TO THE TERMS OF THE PARTIC-
IPATION AGREEMENT. THIS FEE SHALL BE DEPOSITED INTO A DESIGNATED ACCOUNT
WITHIN THE NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM
VARIABLE RATE DEFAULT RESERVE FUND, THE NEW YORK REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS PROGRAM FIXED RATE DEFAULT RESERVE FUND, OR THE
STATE OF NEW YORK MORTGAGE AGENCY NEW YORK REINVESTS IN STUDENT EDUCA-
TIONAL SUPPORTS PROGRAM DEFAULT RESERVE FUND, AS DESCRIBED IN SUBDIVI-
SION SEVEN OF THIS SECTION AS APPLICABLE. THIS FEE, OR ANY OTHER COLLEGE
FEE, SHALL NOT BE ASSESSED TO THE STUDENT OR ELIGIBLE BORROWER IN
CONNECTION WITH THIS PROGRAM.
§ 693. REPAYMENT OF LOANS. 1. TERMS OF REPAYMENT. THE TERMS OF REPAY-
MENT OF EDUCATION LOANS MADE UNDER THIS PROGRAM SHALL BE ESTABLISHED IN
RULES AND REGULATIONS PROMULGATED BY THE CORPORATION SUBJECT TO THE
APPROVAL OF THE STATE OF NEW YORK MORTGAGE AGENCY OR OTHER PUBLIC BENE-
FIT CORPORATION AUTHORIZED TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES
LAW FOR PURPOSES OF THIS PROGRAM WITH RESPECT TO LOANS THAT ARE EXPECTED
TO BE FINANCED BY SUCH ENTITY.
2. GRACE PERIOD. THE TERMS OF ANY GRACE PERIOD FOR EDUCATION LOANS
MADE UNDER THIS PROGRAM SHALL BE ESTABLISHED IN RULES AND REGULATIONS
PROMULGATED BY THE CORPORATION SUBJECT TO THE APPROVAL OF THE STATE OF
NEW YORK MORTGAGE AGENCY OR OTHER PUBLIC BENEFIT CORPORATION AUTHORIZED
TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR PURPOSES OF THIS
PROGRAM WITH RESPECT TO LOANS THAT ARE EXPECTED TO BE FINANCED BY SUCH
ENTITY. NOTWITHSTANDING, THE GRACE PERIOD ESTABLISHED SHALL BE NO LESS
THAN SIX MONTHS.
3. FORBEARANCE AND DEFERMENTS. EDUCATION LOANS MADE UNDER THIS PROGRAM
SHALL BE ELIGIBLE FOR IN-SCHOOL AND MILITARY DEFERMENTS PURSUANT TO
RULES AND REGULATIONS PROMULGATED BY THE CORPORATION, OR PURSUANT TO
SUCH ADDITIONAL DEFERMENTS AND/OR FORBEARANCE AS OFFERED BY AN ELIGIBLE
LENDER, IN EACH CASE, SUBJECT TO THE APPROVAL OF THE STATE OF NEW YORK
MORTGAGE AGENCY, OR OTHER AUTHORIZED PUBLIC BENEFIT CORPORATION AUTHOR-
IZED TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR PURPOSES OF
THIS PROGRAM, WITH RESPECT TO LOANS THAT ARE EXPECTED TO BE FINANCED BY
SUCH ENTITY. UPON THE ASSIGNMENT OF A DEFAULTED EDUCATION LOAN MADE
UNDER THIS PROGRAM FOR COLLECTION AS DESCRIBED IN SUBDIVISION FIVE OF
THIS SECTION, THE BORROWER SHALL NO LONGER BE ELIGIBLE FOR ANY FORBEAR-
ANCE OR DEFERMENTS WHILE SUCH LOAN REMAINS IN DEFAULT.
4. DELINQUENCY. A BORROWER SHALL BE CONSIDERED DELINQUENT ON AN EDUCA-
TION LOAN UNDER THIS PROGRAM AFTER THIRTY DAYS OF NON-PAYMENT. THE HOLD-
ER SHALL NOTIFY THE CORPORATION PROMPTLY AFTER THE FIRST DAY OF DELIN-
A. 10006--B 47
QUENCY AND THE CORPORATION SHALL UNDERTAKE ACTIONS TO RETURN THE
BORROWER TO REPAYMENT PURSUANT TO RULES AND REGULATIONS ESTABLISHED BY
THE CORPORATION. SUCH ACTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,
ATTEMPTS AT: (A) LOCATING AND CONTACTING THE BORROWER AND/OR CO-SIGNER,
AS APPLICABLE, REGARDING THE DELINQUENT STATUS OF THEIR LOAN; (B)
EXPLAINING THE ACCOUNT HISTORY AND CLARIFYING ANY DISCREPANCIES; (C)
COUNSELING THE BORROWER AND/OR CO-SIGNER, AS APPLICABLE, REGARDING ALL
AVAILABLE REPAYMENT OPTIONS, INDUCING DEFERMENTS, AND ANY PUBLIC ASSIST-
ANCE AVAILABLE TO THEM; (D) PROVIDING THE BORROWER AND/OR CO-SIGNER, AS
APPLICABLE, WITH DOCUMENTATION IN CONNECTION WITH THEIR LOAN OR LOANS;
(E) INFORMING THE BORROWER AND/OR CO-SIGNER, AS APPLICABLE, OF THE
CONSEQUENCES OF DEFAULT; AND (F) ANY OTHER ASSISTANCE THAT WOULD PREVENT
A DEFAULT BY A BORROWER.
5. DEFAULT. (A) ANY EDUCATION LOAN UNDER THIS PROGRAM THAT IS DELIN-
QUENT FOR ONE HUNDRED EIGHTY DAYS SHALL BE DEEMED IN DEFAULT. UPON
DEFAULT, THE HOLDER SHALL FILE A CLAIM WITH THE CORPORATION AND, IF
APPLICABLE, THE STATE OF NEW YORK MORTGAGE AGENCY, FOR PAYMENT FROM THE
NEW YORK EDUCATION LOAN PROGRAM VARIABLE RATE DEFAULT RESERVE FUND, THE
NEW YORK EDUCATION LOAN PROGRAM FIXED RATE DEFAULT RESERVE FUND, OR THE
STATE OF NEW YORK MORTGAGE AGENCY NEW YORK EDUCATION LOAN PROGRAM
DEFAULT RESERVE FUND, AS DESCRIBED IN SUBDIVISION SEVEN OF SECTION SIX
HUNDRED NINETY-TWO OF THIS PART, AS APPLICABLE, PURSUANT TO REGULATIONS
PROMULGATED BY THE CORPORATION. UPON RECEIPT OF A CLAIM, THE CORPORATION
SHALL NOTIFY THE BORROWER THAT THEIR LOAN IS BEING ASSIGNED TO THE
CORPORATION FOR COLLECTION. THE LENDER, OR HOLDER SHALL BE PAID ONE
HUNDRED PERCENT OF THE OUTSTANDING PRINCIPAL, AND OF THE CAPITALIZED AND
UNPAID ACCRUED INTEREST. UPON SUCH PAYMENT, THIS AMOUNT SHALL BE THE
PRINCIPAL OWED BY THE BORROWER.
(B) ALL COLLECTION PAYMENTS RECEIVED BY THE CORPORATION FROM A BORROW-
ER, OR ON BEHALF OF BORROWERS, IN DEFAULT ON LOANS MADE UNDER THIS
PROGRAM, EXCEPT COLLECTION FEES SHALL BE DEPOSITED INTO A DESIGNATED
ACCOUNT WITHIN THE NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
PROGRAM VARIABLE RATE DEFAULT RESERVE FUND, NEW YORK REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS PROGRAM FIXED RATE DEFAULT RESERVE FUND, OR
THE STATE OF NEW YORK MORTGAGE AGENCY NEW YORK REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS PROGRAM DEFAULT RESERVE FUND, AS APPLICABLE.
6. COLLECTION FEE. THE CORPORATION SHALL ASSESS A COLLECTION FEE, IN
AN AMOUNT TO BE DETERMINED BY THE CORPORATION AT LEAST ANNUALLY, ON ALL
DEFAULTED EDUCATION LOANS UNDER THIS PROGRAM. THIS FEE SHALL BE RETAINED
BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM. THE AGGREGATE
ANNUAL REVENUE GENERATED BY SUCH FEE SHALL NOT EXCEED THE ACTUAL COSTS
INCURRED BY THE CORPORATION, IN THE PRECEDING YEAR, IN COLLECTING A
DEFAULTED LOAN UNDER THIS PROGRAM ON WHICH THE CORPORATION HAS PAID A
CLAIM. ANY AMOUNTS IN EXCESS OF ACTUAL COST SHALL BE USED TO REDUCE THE
FEE CHARGED IN THE SUBSEQUENT YEAR.
7. ADMINISTRATIVE WAGE GARNISHMENT. (A) NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, THE CORPORATION SHALL BE ENTITLED TO GARNISH THE
DISPOSABLE PAY OF AN INDIVIDUAL TO COLLECT THE AMOUNT OWED BY THE INDI-
VIDUAL, IF SUCH INDIVIDUAL FAILS TO MAKE REQUIRED VOLUNTARY PAYMENTS
UNDER A REPAYMENT AGREEMENT WITH THE CORPORATION, PROVIDED THAT:
(I) THE AMOUNT DEDUCTED FOR ANY PAY PERIOD DOES NOT EXCEED FIFTEEN
PERCENT OF DISPOSABLE PAY. HOWEVER, THE AMOUNT DEDUCTED FOR ANY PERIOD
MAY EXCEED FIFTEEN PERCENT WITH THE WRITTEN CONSENT OF THE INDIVIDUAL;
(II) PRIOR TO GARNISHMENT THE INDIVIDUAL SHALL HAVE BEEN GIVEN THIRTY
DAYS WRITTEN NOTICE TO THE INDIVIDUAL'S LAST KNOWN ADDRESS ADVISING SUCH
INDIVIDUAL OF THE NATURE OF THE OBLIGATION, AMOUNT OF THE LOAN OBLI-
A. 10006--B 48
GATION, THE CORPORATION'S INTENT TO GARNISH AND AN EXPLANATION OF THE
INDIVIDUAL'S RIGHTS UNDER THIS SECTION INCLUDING THE RIGHT TO INSPECT
AND COPY RECORDS RELATING TO THE DEBT;
(III) THE INDIVIDUAL SHALL HAVE BEEN GIVEN AN OPPORTUNITY WITHIN THE
AFOREMENTIONED THIRTY DAYS TO ENTER INTO A WRITTEN REPAYMENT AGREEMENT
WITH THE CORPORATION TO AVOID GARNISHMENT OF WAGES; AND
(IV) THE INDIVIDUAL SHALL HAVE BEEN PROVIDED AN OPPORTUNITY FOR A
HEARING PURSUANT TO THE REQUIREMENTS OF PARAGRAPH (F) OF THIS SUBDIVI-
SION.
(B) THE INDIVIDUAL'S EMPLOYER SHALL PAY TO THE CORPORATION AMOUNTS AS
DIRECTED IN THE WITHHOLDING ORDER AND SHALL BE LIABLE FOR FAILURE TO
COMPLY WITH SAID ORDER. THE CORPORATION MAY SUE AN EMPLOYER IN A COURT
OF COMPETENT JURISDICTION TO RECOVER FROM SUCH EMPLOYER THE AMOUNT THE
EMPLOYER FAILS TO WITHHOLD FROM THE INDIVIDUAL'S WAGES FOLLOWING RECEIPT
OF THE ORDER OF WITHHOLDING WITH INTEREST THEREON PLUS ATTORNEYS' FEES
AND COSTS;
(C) THE NOTICE OF WITHHOLDING SERVED UPON THE EMPLOYER SHALL CONTAIN
ONLY SUCH INFORMATION AS IS NECESSARY FOR THE EMPLOYER TO COMPLY WITH
THE WITHHOLDING ORDER.
(D) NO AMOUNT MAY BE DEDUCTED FROM THE WAGES OF AN INDIVIDUAL WHO HAS
BEEN INVOLUNTARILY SEPARATED FROM EMPLOYMENT AND HAS NOT BEEN CONTIN-
UOUSLY EMPLOYED FOR TWELVE MONTHS. AN INDIVIDUAL MUST PROVE THAT SEPA-
RATION FROM EMPLOYMENT WAS INVOLUNTARY. SEPARATION DUE TO INCARCERATION
SHALL NOT QUALIFY AS INVOLUNTARY SEPARATION.
(E) AN EMPLOYER MAY NOT DISCHARGE FROM EMPLOYMENT, TAKE DISCIPLINARY
ACTION AGAINST OR REFUSE TO EMPLOY AN INDIVIDUAL BY REASON OF THE FACT
THAT SUCH INDIVIDUAL'S WAGES ARE SUBJECT TO AN ORDER OF WITHHOLDING.
SUCH INDIVIDUAL MAY TAKE ACTION AGAINST SAID EMPLOYER IN A COURT OF
COMPETENT JURISDICTION FOR REINSTATEMENT, BACK PAY OR SUCH FURTHER
RELIEF AS MAY BE JUST AND NECESSARY.
(F) A HEARING AS DESCRIBED IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF
THIS SUBDIVISION SHALL BE PROVIDED PRIOR TO AN ORDER OF WITHHOLDING IF
THE INDIVIDUAL SUBMITS A WRITTEN REQUEST FOR A HEARING ON OR BEFORE THE
FIFTEENTH DAY FOLLOWING THE NOTICE DESCRIBED IN SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF THIS SUBDIVISION IN ACCORDANCE WITH PROCEDURES SET
FORTH BY THE CORPORATION. IF AN INDIVIDUAL FAILS TO SUBMIT A WRITTEN
REQUEST IN THE TIME FRAME PROVIDED, THE CORPORATION SHALL STILL PROVIDE
A HEARING UPON RECEIPT OF A WRITTEN REQUEST, BUT SUCH HEARING NEED NOT
BE PROVIDED PRIOR TO AN ORDER OF WITHHOLDING BEING ISSUED TO THE EMPLOY-
ER. THE HEARING SHALL NOT BE CONDUCTED BY A PARTY UNDER THE SUPERVISION
OR CONTROL OF THE CORPORATION EXCEPT THAT NOTHING SHALL PROHIBIT THE
CORPORATION FROM APPOINTING AN ADMINISTRATIVE LAW JUDGE. A HEARING DECI-
SION SHALL BE ISSUED NO LATER THAN SIXTY DAYS AFTER THE FILING OF THE
PETITION REQUESTING THE HEARING.
(G) FOR PURPOSES OF THIS SECTION "DISPOSABLE PAY" SHALL MEAN THAT PART
OF THE COMPENSATION OF ANY INDIVIDUAL FROM AN EMPLOYER REMAINING AFTER
DEDUCTION OF AMOUNTS REQUIRED TO BE WITHHELD BY LAW.
(H) ALL FUNDS RECEIVED THROUGH ADMINISTRATIVE WAGE GARNISHMENT SHALL
BE DEPOSITED INTO A DESIGNATED ACCOUNT WITHIN THE NEW YORK REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS PROGRAM VARIABLE RATE DEFAULT RESERVE FUND,
THE NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM FIXED
RATE DEFAULT RESERVE FUND, OR THE STATE OF NEW YORK MORTGAGE AGENCY NEW
YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM DEFAULT RESERVE
FUND, AS APPLICABLE.
8. NEW YORK STATE TAX OFFSET. THE CORPORATION SHALL BE ENTITLED TO
RECEIVE CREDITS OF NEW YORK STATE TAX OVERPAYMENTS PURSUANT TO SECTION
A. 10006--B 49
ONE HUNDRED SEVENTY-ONE-D AND PARAGRAPH THREE OF SUBSECTION (E) OF
SECTION SIX HUNDRED NINETY-SEVEN OF THE TAX LAW WITH RESPECT TO
DEFAULTED EDUCATION LOANS UNDER THIS PROGRAM. ALL FUNDS, OR CREDITS,
RECEIVED THROUGH SUCH TAX OFFSETS SHALL BE DEPOSITED INTO A DESIGNATED
ACCOUNT WITHIN THE NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
PROGRAM VARIABLE RATE DEFAULT RESERVE FUND, THE NEW YORK REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS PROGRAM FIXED RATE DEFAULT RESERVE FUND, OR
THE STATE OF NEW YORK MORTGAGE AGENCY NEW YORK REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS PROGRAM DEFAULT RESERVE FUND, AS APPLICABLE.
9. DATA SHARE. THE CORPORATION SHALL BE ENTITLED TO RECEIVE DATA FROM
THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO
SECTION ONE HUNDRED SEVENTY-ONE-A AND PARAGRAPH THREE OF SUBSECTION (E)
OF SECTION SIX HUNDRED NINETY-SEVEN OF THE TAX LAW WITH RESPECT TO
DEFAULTED EDUCATION LOANS UNDER THIS PROGRAM.
10. STATUTE OF LIMITATION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THERE SHALL BE NO STATUTE OF LIMITATIONS TO BRING SUIT OR
OTHERWISE COLLECT AN EDUCATION LOAN UNDER THIS PROGRAM. JUDGMENTS IN
FAVOR OF THE CORPORATION UNDER THIS PROGRAM SHALL NOT EXPIRE AND THERE
SHALL BE NO STATUTE OF LIMITATIONS UPON WHICH TO ENFORCE OR COLLECT SAID
JUDGMENT.
11. CAPACITY OF MINORS. ANY PERSON OTHERWISE QUALIFYING FOR AN EDUCA-
TION LOAN UNDER THIS PROGRAM SHALL NOT BE DISQUALIFIED BY REASON OF
BEING UNDER THE AGE OF EIGHTEEN YEARS AND FOR THE PURPOSES OF APPLYING
FOR, RECEIVING AND REPAYING SUCH A LOAN, ANY SUCH PERSON SHALL BE DEEMED
TO HAVE FULL LEGAL CAPACITY TO ACT. THE CORPORATION, IN COLLECTING
EDUCATION LOANS UNDER THIS PROGRAM, SHALL NOT BE SUBJECT TO A DEFENSE
RAISED BY ANY BORROWER BASED ON A CLAIM OF INFANCY.
12. USURY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY THE
RATE OR AMOUNT OF INTEREST OR FEES PAYABLE ON EDUCATION LOANS MADE UNDER
THIS PROGRAM SHALL NOT EXCEED TWENTY-FIVE PER CENTUM PER ANNUM OR ITS
EQUIVALENT RATE FOR A LONGER OR SHORTER PERIOD.
13. DEATH AND DISABILITY DISCHARGE. UPON THE DEATH OF A STUDENT, FOR
THE FUNDING OF WHOSE HIGHER EDUCATION EXPENSES AN EDUCATION LOAN WAS
MADE, THE EDUCATION LOAN MADE UNDER THIS PROGRAM SHALL BE DEEMED
DISCHARGED. IF SUCH A STUDENT BECOMES TOTALLY AND PERMANENTLY DISABLED,
THE EDUCATION LOAN UNDER THIS PROGRAM SHALL BE DEEMED DISCHARGED. A
TOTAL OR PERMANENT DISABILITY SHALL MEAN A CONDITION OF AN INDIVIDUAL
WHO IS UNABLE TO WORK AND EARN MONEY BECAUSE OF AN INJURY OR ILLNESS
THAT IS EXPECTED TO CONTINUE INDEFINITELY OR RESULT IN DEATH. THE HOLDER
OF SUCH DISCHARGED EDUCATION LOANS SHALL BE PAID THE OUTSTANDING PRINCI-
PAL, CAPITALIZED AND UNPAID ACCRUED INTEREST DUE FROM THE NEW YORK REIN-
VESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM VARIABLE RATE DEFAULT
RESERVE FUND, NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM
FIXED RATE DEFAULT RESERVE FUND, OR THE STATE OF NEW YORK MORTGAGE AGEN-
CY NEW YORK REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM DEFAULT
RESERVE FUND, AS APPLICABLE.
14. BANKRUPTCY. EDUCATION LOANS UNDER THIS PROGRAM SHALL BE CONSIDERED
NON-DISCHARGEABLE PURSUANT TO SECTION 523(A)(8) OF THE U.S. BANKRUPTCY
CODE.
15. SECURITY INTEREST. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
OTHER THAN SECTION ONE THOUSAND SIX HUNDRED EIGHTY-TWO AND SECTION TWO
THOUSAND FOUR HUNDRED FIVE-A OF THE PUBLIC AUTHORITIES LAW, A SECURITY
INTEREST IN EDUCATION LOANS SHALL BE PERFECTED ONLY BY THE FILING OF A
FINANCING STATEMENT IN THE MANNER PROVIDED UNDER SECTION 9-310 OF THE
UNIFORM COMMERCIAL CODE, AND SHALL ATTACH AND BE ASSIGNED PRIORITY IN
THE MANNER PROVIDED UNDER THE UNIFORM COMMERCIAL CODE WITH RESPECT TO
A. 10006--B 50
SECURITY INTERESTS PERFECTED BY SUCH A FILING, AND A DESCRIPTION OF
COLLATERAL CONSISTING OF EDUCATION LOANS IN ANY FINANCING STATEMENT
SHALL BE CONCLUSIVELY DEEMED TO BE LEGALLY SUFFICIENT IF IT REFERS TO
RECORDS IDENTIFYING SUCH LOANS RETAINED BY THE CORPORATION, PROVIDED
THAT ANY SUCH SECURITY INTEREST SHALL BE SUBJECT TO ANY APPLICABLE LIEN
UNDER SECTION TWO THOUSAND FOUR HUNDRED FIVE-A OF THE PUBLIC AUTHORITIES
LAW. THE OWNER OF ANY EDUCATION LOAN SHALL ADVISE THE CORPORATION OF
ANY SALE OR ASSIGNMENT OF SUCH LOAN AT THE TIME AND IN THE MANNER
REQUIRED BY THE CORPORATION.
16. AGREEMENTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ELIGI-
BLE PUBLIC COLLEGE OR PUBLIC CAREER EDUCATION INSTITUTION IS HEREBY
AUTHORIZED TO ENTER INTO ONE OR MORE AGREEMENTS WITH THE CORPORATION AND
ANY ENTITY AUTHORIZED TO FINANCE EDUCATION LOANS PURSUANT TO THE PUBLIC
AUTHORITIES LAW PROVIDING FOR THE PARTICIPATION OF SUCH COLLEGE OR
CAREER EDUCATION INSTITUTION IN THE PROGRAM AND TO PERFORM OR CONTRACT
THE PERFORMANCE OF ITS OBLIGATIONS UNDER ANY SUCH AGREEMENT. SUCH OBLI-
GATIONS MAY INCLUDE WITHOUT LIMITATION THE PAYMENT OBLIGATIONS DESCRIBED
IN THIS TITLE.
§ 694. SALE OF EDUCATION LOANS. 1. THE CORPORATION AND HOLDERS SHALL
BE AUTHORIZED TO ENTER INTO ONE OR MORE AGREEMENTS FOR THE SALE OF
EDUCATION LOANS MADE PURSUANT TO THIS PROGRAM.
2. EDUCATION LOAN PURCHASES MAY BE FINANCED (A) BY BONDS ISSUED BY THE
STATE OF NEW YORK MORTGAGE AGENCY, OR OTHER ENTITY AUTHORIZED TO ISSUE
BONDS FOR SUCH PURPOSE PURSUANT TO THE PUBLIC AUTHORITIES LAW, IN AN
AMOUNT APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET; OR (B) BY
OTHER NON-STATE SOURCES IN AMOUNTS ESTABLISHED PURSUANT TO AN AGREEMENT
WITH THE CORPORATION.
3. THE CORPORATION SHALL ESTABLISH THE CRITERIA AND TERMS UPON WHICH
LENDERS MAY SELL EDUCATION LOANS SUBJECT TO THE APPROVAL OF THE STATE OF
NEW YORK MORTGAGE AGENCY OR ANY OTHER ENTITY AUTHORIZED TO ISSUE BONDS
UNDER THIS PROGRAM WITH RESPECT TO LOANS THAT ARE EXPECTED TO BE
FINANCED BY SUCH ENTITY.
§ 694-A. MISCELLANEOUS. 1. NO EDUCATION LOAN SHALL BE DEEMED SUBJECT
TO SECTION ONE HUNDRED EIGHT OF THE BANKING LAW, TO ARTICLE NINE OF THE
BANKING LAW OR TO ANY OTHER PROVISIONS OF LAW GOVERNING THE QUALIFICA-
TIONS TO MAKE LOANS OR THE TERMS OR CONDITIONS OF LOANS DESCRIBED IN
THIS PART, INCLUDING, WITHOUT LIMITATION, THE INTEREST RATES, FEES AND
CHARGES APPLICABLE THERETO. NEITHER THE CORPORATION NOR ANY ENTITY
AUTHORIZED TO FINANCE EDUCATION LOANS PURSUANT TO THE PUBLIC AUTHORITIES
LAW SHALL BE SUBJECT TO ANY LICENSING REQUIREMENTS IN CONNECTION WITH
ITS EDUCATION LENDING ACTIVITIES. NO ENTITY SHALL BE CONSIDERED A LENDER
FOR PURPOSES OF ANY OTHER PROVISION OF LAW SOLELY AS A RESULT OF ITS
INTEREST IN AN EDUCATION LOAN MADE UNDER THIS PART.
2. FUNDS MAY BE APPROPRIATED TO THE CORPORATION AND/OR THE STATE OF
NEW YORK MORTGAGE AGENCY, OR OTHER ENTITY AUTHORIZED TO ISSUE BONDS
UNDER THIS PROGRAM, FOR THE ADMINISTRATION OF THIS PROGRAM.
3. INTEREST PAID ON EDUCATION LOANS MADE UNDER THIS PROGRAM SHALL BE
ALLOWED AS A DEDUCTION IN COMPUTING THE NET TAXABLE INCOME OF ANY SUCH
PERSON FOR PURPOSES OF ANY INCOME OR FRANCHISE TAX IMPOSED BY THE STATE
OR ANY POLITICAL SUBDIVISION THEREOF.
4. ANY AGREEMENT OF AN ENTITY AUTHORIZED TO ISSUE BONDS UNDER THE
PUBLIC AUTHORITIES LAW FOR PURPOSES OF THIS PROGRAM TO ACQUIRE EDUCATION
LOANS FROM A LENDER SHALL BE SUBJECT TO THE AVAILABILITY TO SUCH ENTITY
OF FUNDING FOR SUCH PURPOSE UPON TERMS AND CONDITIONS APPROVED BY SUCH
ENTITY AND SHALL NOT REQUIRE THE EXPENDITURE BY SUCH ENTITY OF FUNDS
FROM ANY SOURCE OTHER THAN AMOUNTS OBTAINED THROUGH THE ISSUANCE OF
A. 10006--B 51
BONDS OR NOTES, INCLUDING EARNINGS THEREON, AND ANY APPROPRIATIONS THER-
EOF.
5. THE CORPORATION, THE STATE OF NEW YORK MORTGAGE AGENCY, ANY LENDER,
AND ANY PUBLIC BENEFIT CORPORATION AUTHORIZED TO ISSUE BONDS UNDER THE
PUBLIC AUTHORITIES LAW FOR THE PURPOSES OF THIS PROGRAM SHALL NOT BE
SUBJECT TO TITLE FIVE OF ARTICLE FIVE OF THE GENERAL OBLIGATIONS LAW
WITH RESPECT TO EDUCATION LOANS AND SUCH EDUCATION LOANS SHALL NOT BE
SUBJECT TO SUCH TITLE.
6. TO THE EXTENT THAT THE PROVISIONS OF THIS PART ARE INCONSISTENT
WITH THE PROVISIONS OF ANY OTHER PART OF THIS ARTICLE, THE PROVISIONS OF
THIS PART SHALL BE CONTROLLING.
§ 694-B. REPORTING. THE CORPORATION, AFTER CONSULTATION WITH THE STATE
OF NEW YORK MORTGAGE AGENCY, AND ANY OTHER PUBLIC BENEFIT CORPORATION
THAT SHALL HAVE ISSUED BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR
PURPOSES OF THIS PROGRAM, WITH RESPECT TO LOANS THAT HAVE BEEN FINANCED
BY OR THAT ARE EXPECTED TO BE FINANCED BY SUCH ENTITY, SHALL REPORT
ANNUALLY WITH RESPECT TO EDUCATION LOANS MADE UNDER THIS PROGRAM FOR THE
PRIOR ACADEMIC YEAR TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE
BUDGET, THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS
COMMITTEE AND THE STANDING COMMITTEES OF THE LEGISLATURE HAVING JURIS-
DICTION OF HIGHER EDUCATION ON THE NUMBER AND CHARACTERISTICS OF
STUDENTS WHO RECEIVED FIXED RATE AND/OR VARIABLE RATE LOANS UNDER THIS
PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE INTEREST RATE CHARGED, THE
DEFAULT AND COLLECTION FEES ESTABLISHED, THE GRACE PERIOD ESTABLISHED IF
OTHER THAN SIX MONTHS, THE NUMBER OF STUDENTS WHO RECEIVED LOANS THAT
DEMONSTRATED FINANCIAL NEED PURSUANT TO SECTION SIX HUNDRED NINETY-TWO
OF THIS PART, THE INCOME ESTABLISHED BY THE CORPORATION PURSUANT TO
SECTION SIX HUNDRED NINETY-TWO OF THIS PART, THE NUMBER OF STUDENTS WHO
RECEIVED FIXED RATE LOANS, THE NUMBER OF STUDENTS WHO RECEIVED VARIABLE
RATE LOANS, THE NUMBER OF DEFAULT CLAIMS RECEIVED BY THE CORPORATION,
THE NUMBER OF BORROWERS SUBJECT TO ADMINISTRATIVE WAGE GARNISHMENT, AND
A LIST OF THE LENDERS AND HOLDERS, IF KNOWN, WHO HAVE PROVIDED VARIABLE
RATE LOANS. SUCH ANNUAL REPORT SHALL BE SUBMITTED BY THE FIRST DAY OF
DECEMBER FOLLOWING THE CLOSE OF THE ACADEMIC YEAR FOR WHICH SUCH EDUCA-
TION LOANS WERE MADE.
§ 2. Subdivision 2 of section 653 of the education law, as amended by
section 2 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
2. a. To submit to the governor, the temporary president of the
senate, the speaker of the assembly, the senate finance committee, the
assembly ways and means committee and the standing committees of the
legislature having jurisdiction of higher education, at such times as
the director of the budget may prescribe a student aid and loan budget
request for the following state fiscal year. The budget request shall
include, but not be limited to estimates of the number and character-
istics of students eligible for aid and loans, other than education
loans made under the New York [higher education loan] REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS program pursuant to part V of this article
which budget request shall be developed by the president after consulta-
tion with the board of regents in order to implement the student finan-
cial aid and loan programs, other than education loans made under the
New York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL
SUPPORTS program pursuant to part V of this article provided for in this
article. Notwithstanding, the budget request shall also include an
estimate of the amounts needed for state operations within the New York
A. 10006--B 52
[higher education loan program] REINVESTS IN STUDENT EDUCATIONAL
SUPPORTS PROGRAM account for purposes of the New York [higher education
loan program] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS PROGRAM estab-
lished pursuant to part V of this article. A copy of the budget request
shall be transmitted to the commissioner for his information. The budget
request submitted by the board shall be subject to approval annually as
part of the executive budget.
b. At the time and in the format prescribed by the Director of the
Budget, the Board shall submit to the Division of the Budget an adminis-
trative and operating budget request. This budget request shall be
subject to approval annually as part of the executive budget.
c. In order further to assure the payment by the corporation to lend-
ing institutions for defaulted loans, other than education loans made
under the New York [higher education loan] REINVESTS IN STUDENT EDUCA-
TIONAL SUPPORTS program pursuant to part V of this article in the
respective amounts as guaranteed by the corporation pursuant to
contract, there shall be annually apportioned and paid to the corpo-
ration such estimated amount, if any, as shall be certified by the board
to the governor and director of the budget as necessary to provide for
the payment of all such defaults for the next ensuing state fiscal year.
The board shall, as part of its annual budget request, make and deliver
to the governor and director of the budget, its certificate stating the
estimated amount, if any, required to pay such defaults for the ensuing
state fiscal year, if any, and said sums shall be apportioned and paid
to the corporation during such fiscal year.
§ 3. Section 656 of the education law, as amended by section 3 of
part J of chapter 57 of the laws of 2009, is amended to read as follows:
§ 656. Contributions to corporation; tax deduction thereof. Notwith-
standing the provisions of any general or special law all domestic
corporations or associations organized for the purpose of carrying on
business in this state, and any person, are hereby authorized to make
contributions to the New York state higher education services corpo-
ration or to the New York [higher education loan] REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS program variable rate default reserve fund, the New
York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program fixed rate default reserve fund, or the state of New York mort-
gage agency [higher education loan] NEW YORK REINVESTS IN STUDENT EDUCA-
TIONAL SUPPORTS program default reserve fund, as applicable and such
contributions shall be allowed as deductions in computing the net taxa-
ble income of any such person, corporation or association for purposes
of any income or franchise tax imposed by the state or any political
subdivision thereof.
§ 4. Subdivision 2 of section 657 of the education law, as amended by
section 4 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
2. The state of New York does hereby pledge to and agree with the
holders of the bonds, notes, or other obligations of the corporation
pursuant to this article, or of the state of New York mortgage agency
authorized in section two thousand four hundred six of the public
authorities law for the corporate purposes authorized in section two
thousand four hundred five-a of the public authorities law, or of any
other state entity authorized to issue bonds or notes under the New York
[education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program codi-
fied in part V of this article that are issued for such purpose, and
with the holders of such education loans, that the provisions of law
applicable to the New York [education loan] REINVESTS IN STUDENT EDUCA-
A. 10006--B 53
TIONAL SUPPORTS program variable rate default reserve fund, the New York
education loan program fixed rate default reserve fund, or the state of
New York mortgage agency [New York education loan] NEW YORK REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS program default reserve fund, as applica-
ble, and to the powers of the corporation to receive and deposit in each
such fund the applicable amounts described therein shall not be amended
in a manner adversely affecting the interests of such holders without
adequate provision being made to protect such interests and that the
corporation shall not be required to pay any taxes or assessments upon
any of its property or upon its activities pursuant to the provisions of
this article, or upon any moneys, funds, revenues or other income held
or received by the corporation, and that the obligations and notes of
the corporation and the income therefrom shall at all times be exempt
from taxation, except for estate and gift taxes and taxes on transfers.
Each of the corporation, the state of New York mortgage agency and any
such other public benefit corporation, is authorized to include this
pledge and agreement of the state in any agreements with the holders of
such bonds and with the holders of such education loans.
§ 5. Section 2405-a of the public authorities law, as added by section
9 of part J of chapter 57 of the laws of 2009, is amended to read as
follows:
§ 2405-a. Education loans. (1) For purposes of this section, the
following words and terms shall have the following meaning unless the
context shall indicate another or different meaning or intent:
(a) "Corporation" shall mean the New York state higher education
services corporation.
(b) "Education Loan" shall mean: (i) a New York [higher education
loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program loan made pursu-
ant to part [v] V of article fourteen of the education law; or (ii) a
loan under Part B of Title IV of the Higher Education Act of nineteen
hundred sixty-five, as amended, including but not limited to a loan
described in subdivision ten of section twenty-four hundred two of this
part; provided, that the borrower shall be required to apply the net
proceeds of such loans to pay the student's costs of post-secondary
education or to repay one or more such loans incurred for such purpose.
(2) In addition to the powers of the agency pursuant to the other
sections of this title, the agency shall have power:
(a) To enter into one or more agreements with the corporation and to
perform or contract for the performance of its obligations under any
such agreement;
(b) To make and contract to make and to acquire and contract to
acquire education loans and to enter into advance commitments for the
purchase of said education loans;
(c) Subject to any agreement with bondholders or noteholders, to
invest moneys of the agency not required for immediate use, including
proceeds from the sale of any bonds or notes, in education loans;
(d) To make and execute contracts for the marketing, origination,
servicing, collection, administration, guarantee, securing, and financ-
ing of education loans originated or acquired by the agency pursuant to
this title, and to pay the reasonable value of services rendered to the
agency pursuant to those contracts;
(e) Subject to any agreement with bondholders or noteholders, to rene-
gotiate or refinance any education loan that has been acquired by the
agency or which the agency has committed to purchase that is in default;
to waive any default or consent to the modification of the terms or any
such education loan; to forgive all or part of any indebtedness; and to
A. 10006--B 54
commence any action or proceeding to protect or enforce any right
conferred upon it with respect to any such education loan by law, loan
agreement, contract or other agreement;
(f) To prescribe standards and criteria for the origination of educa-
tion loans to be eligible for acquisition by the agency and for educa-
tion loans purchased by the agency;
(g) Subject to any agreement with bondholders or noteholders, to sell
any education loans made or acquired by the agency at public or private
sale and at such price or prices and on such terms as the agency shall
determine;
(h) To establish, revise from time to time, charge and collect such
premiums or fees in connection with education loans and its partic-
ipation in the New York [higher education loan] REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS program as the agency shall determine; and
(i) Subject to any agreement with bondholders or noteholders, to
invest moneys pledged to secure bonds issued for the corporate purposes
authorized by this section not required for immediate use in investments
authorized for investment of state funds under section ninety-eight or
ninety-eight-a of the state finance law.
(3) The agency shall have the power and is hereby authorized from time
to time to issue its bonds and notes pursuant to section two thousand
four hundred six of this title for the corporate purposes authorized by
this section, including without limitation for the purposes of financing
and refinancing education loans and of refunding any bonds or notes
issued for such purpose.
(4) Each lender or service provider who makes a representation or
warranty to the agency with respect to an education loan shall be liable
to the agency for any damages suffered by the agency by reason of the
untruth of such representation or the breach of such warranty and, in
the event that any representation shall prove to be untrue when made or
in the event of any breach of warranty, such person shall, at the option
of the agency, repurchase the education loan for the price provided in
the applicable financing agreement, as the agency may determine.
(5) It is the intent of the legislature that any pledge by the agency
of education loans or of earnings, revenues or other moneys receivable
from any source, including without limitation default payments by the
New York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL
SUPPORTS program variable rate default reserve fund, the New York [high-
er education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program
fixed rate default reserve fund, or the state of New York mortgage agen-
cy New York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL
SUPPORTS program default reserve fund, as applicable, with respect to
education loans financed by the agency, shall be valid and binding from
the time when the pledge is made. The education loans, earnings, reven-
ues or other moneys so pledged and thereafter received by the agency or
its agent, including without limitation the higher education services
corporation or any education loan servicer, shall immediately be subject
to the lien of such pledge without any physical delivery thereof or
further act, and the lien of any such pledge shall be valid and binding
as against all parties having claims of any kind in tort, contract or
otherwise against the agency or its agent, including without limitation
the higher education services corporation or any education loan servi-
cer, irrespective of whether such parties have notice thereof. Neither
the resolution nor any other instrument by which a pledge is created
need be recorded.
A. 10006--B 55
(6) The state of New York mortgage agency New York [higher education
loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program default reserve
fund. (a) There is hereby created and established in the sole custody of
the state of New York mortgage agency a special fund to be known as the
state of New York mortgage agency New York [higher education loan] REIN-
VESTS IN STUDENT EDUCATIONAL SUPPORTS program default reserve fund which
shall be for the exclusive benefit of the holders of education loans
that the agency has acquired, or agreed to acquire, under the New York
[higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program, codified in part V of article fourteen of the education law.
(b) Amounts held in this fund shall not be, or be deemed, funds of the
state or funds under the management of the state, the agency, or the
corporation. The obligations of such fund shall not be, or be deemed,
the debts or obligations of the state and the state shall not be, or be
deemed, in any way obligated to: any holder of any such education loan;
any holder of bonds issued pursuant to section two thousand four hundred
six of this part for the corporate purposes authorized in section two
thousand five-a of this article; any fiduciary or provider of any credit
facility, liquidity facility or interest rate exchange agreement with
respect to such bonds; or any other creditor of this fund.
(c) Such fund shall consist of: (i) all moneys received by the higher
education services corporation pursuant to paragraph (b) of subdivision
seven of section six hundred ninety-two of the education law, in
connection with education loans that the agency has acquired or agreed
to acquire under the New York [higher education loan] REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS program education loans; (ii) any transfers
from the New York [higher education loan] REINVESTS IN STUDENT EDUCA-
TIONAL SUPPORTS program variable rate default reserve fund created by
section seventy-eight-a of the state finance law or from the New York
[higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program fixed rate default reserve fund created by section seventy-
eight-b of the state finance law; and (iii) any appropriation payment or
transfer to the agency for such purpose.
(d) The agency shall establish accounts within the fund and priorities
of payment from such accounts and shall invest the fund in investments
authorized for investment of state funds under section ninety-eight or
ninety-eight-a of the state finance law.
(e) This fund, including all sub-accounts thereof, shall be segregated
from all other funds kept by the agency and shall not be used for any
other purpose beyond those set forth in part V of article fourteen of
the education law or in this section. The agency shall utilize monies in
the fund solely to pay the outstanding principal, capitalized and unpaid
accrued interest on defaulted education loans described in paragraph a
of this subdivision.
(f) Nothing contained in this section shall prevent the agency, or the
corporation, from receiving grants, gifts or bequests for the purposes
of this fund and depositing them into the fund according to law, rules,
or regulations.
(g) The agency shall make payments from the monies in this fund in
amounts and at times required pursuant to part V of article fourteen of
the education law.
§ 6. Section 78-a of the state finance law, as added by section 11 of
part J of chapter 57 of the laws of 2009, is amended to read as follows:
§ 78-a. New York [higher education loan] REINVESTS IN STUDENT EDUCA-
TIONAL SUPPORTS program variable rate default reserve fund. 1. There is
hereby created and established in the sole custody of the state comp-
A. 10006--B 56
troller a special fund to be known as the New York [higher education
loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program variable rate
default reserve fund which shall be for the exclusive benefit of the
holders of variable rate education loans originated pursuant to the New
York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program codified in part V of article fourteen of the education law,
other than variable rate education loans described in subdivision six of
section two thousand four hundred five-a of the public authorities law.
2. Amounts held in this fund shall not be, or be deemed, funds of the
state or funds under the management of the state or the higher education
services corporation. The obligations of the fund shall not be, or be
deemed, the debts or obligations of the state and the state shall not
be, or be deemed, in any way obligated to: any holder of any such educa-
tion loan; any holder of bonds issued pursuant to the public authorities
law for the purposes of the New York [higher education loan] REINVESTS
IN STUDENT EDUCATIONAL SUPPORTS program; any fiduciary or provider of
any credit facility, liquidity facility or interest rate exchange agree-
ment with respect to such bonds; or any other creditor of this fund.
3. Such fund shall consist of all moneys received by the higher educa-
tion services corporation pursuant to paragraph (b) of subdivision seven
of section six hundred ninety-two of the education law, in connection
with variable rate education loans made under part V of article fourteen
of the education law, other than variable rate education loans described
in subdivision six of section two thousand four hundred five-a of the
public authorities law. The state comptroller, at the request of the
higher education services corporation, shall establish accounts within
the fund and priorities of payment from such accounts and shall invest
the fund in compliance with applicable state laws concerning the invest-
ment of public funds. Moneys in the fund shall be segregated from all
other funds kept by the state comptroller and shall not be used for any
other purpose beyond those set forth in part V of article fourteen of
the education law or in this section.
4. The state comptroller shall make payments from the fund in amounts
and at times required by the higher education services corporation
pursuant to part V of article fourteen of the education law. Notwith-
standing subdivision one of this section, upon certification by the
State of New York mortgage agency that a variable rate education loan
described in subdivision three of this section has been acquired by the
agency or has become subject to the agreement of the agency to acquire
such education loan, the state comptroller shall make transfers from the
monies in the variable rate New York [higher education loan] REINVESTS
IN STUDENT EDUCATIONAL SUPPORTS program default reserve fund to the
corporation for deposit into the state of New York mortgage agency New
York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program default reserve fund created by subdivision six of section two
thousand four hundred five-a of the public authorities law in amounts
certified by the agency and the corporation as properly allocable to
such education loan.
§ 7. Section 78-b of the state finance law, as added by section 12 of
part J of chapter 57 of the laws of 2009, is amended to read as follows:
§ 78-b. New York [higher education loan] REINVESTS IN STUDENT EDUCA-
TIONAL SUPPORTS program fixed rate default reserve fund. 1. There is
hereby created and established in the sole custody of the state comp-
troller a special fund to be known as the New York [higher education
loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program fixed rate
default reserve fund which shall be for the exclusive benefit of the
A. 10006--B 57
holders of fixed rate education loans originated pursuant to the New
York [higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program codified in part V of article fourteen of the education law,
other than fixed rate education loans described in subdivision six of
section two thousand four hundred five-a of the public authorities law.
2. Amounts held in this fund shall not be, or be deemed, funds of the
state or funds under the management of the state or the higher education
services corporation. The obligations of the fund shall not be, or be
deemed, the debts or obligations of the state and the state shall not
be, or be deemed, in any way obligated to: any holder of any such educa-
tion loan; any holder of bonds issued pursuant to the public authorities
law for the purposes of the New York [higher education loan] REINVESTS
IN STUDENT EDUCATIONAL SUPPORTS program; any fiduciary or provider of
any credit facility, liquidity facility or interest rate exchange agree-
ment with respect to such bonds; or any other creditor of this fund.
3. Such fund shall consist of all moneys received by the higher educa-
tion services corporation pursuant to paragraph (b) of subdivision seven
of section six hundred ninety-two of the education law, in connection
with fixed rate education loans, other than fixed rate education loans
described in subdivision six of section two thousand four hundred five-a
of the public authorities law. The state comptroller, at the request of
the higher education services corporation, shall establish accounts
within the fund and priorities of payment from such accounts and shall
invest the fund in compliance with applicable state laws concerning the
investment of public funds. Moneys in the fund shall be segregated from
all other funds kept by the state comptroller and shall not be used for
any other purpose beyond those set forth in part V of article fourteen
of the education law or in this section.
4. The state comptroller shall make payments from the fund in amounts
and at times required by the higher education services corporation
pursuant to part V of article fourteen of the education law. Notwith-
standing subdivision one of this section, upon certification by the
state of New York mortgage agency that a fixed rate education loan
described in subdivision three of this section has been acquired by the
agency or has become subject to the agreement of the agency to acquire
such education loan, the state comptroller shall make transfers from the
monies in the fixed rate New York [higher education loan] REINVESTS IN
STUDENT EDUCATIONAL SUPPORTS program default reserve fund to the corpo-
ration for deposit into the state of New York mortgage agency New York
[higher education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS
program default reserve fund created by subdivision six of section two
thousand four hundred five-a of the public authorities law in amounts
certified by the agency and the corporation as properly allocable to
such education loan.
§ 8. Section 1679-c of the public authorities law, as added by section
13 of part J of chapter 57 of the laws of 2009, is amended to read as
follows:
§ 1679-c. The New York [higher education loan] REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS program. 1. For purposes of this section, the
following words and terms shall have the following meaning unless the
context shall indicate another or different meaning or intent:
(a) "Corporation" shall mean the New York state higher education
services corporation.
(b) "Education loan" shall mean a loan made under the New York [higher
education loan] REINVESTS IN STUDENT EDUCATIONAL SUPPORTS program estab-
lished pursuant to part [v] V of article fourteen of the education law.
A. 10006--B 58
2. In addition to the powers of the authority pursuant to the other
sections of this title, the authority shall have power:
(a) To enter into one or more agreements with the corporation, which
agreement may provide for the securing of education loans in accordance
with part V of article fourteen of the education law, and to perform or
contract for the performance of its obligations under any such agree-
ment;
(b) To make and contract to make and to acquire and contract to
acquire education loans and to enter into advance commitments for the
purchase of said education loans;
(c) Subject to any agreement with bondholders or noteholders, to
invest moneys of the authority not required for immediate use, including
proceeds from the sale of any bonds or notes, in education loans;
(d) To service and execute contracts for the servicing of education
loans acquired by the authority pursuant to this title, and to pay the
reasonable value of services rendered to the authority pursuant to those
contracts;
(e) To prescribe standards and criteria for education loans purchases,
insofar as such standards and criteria are not inconsistent with the
applicable agreement with the corporation;
(f) Subject to any agreement with bondholders or noteholders, to sell
any education loans made or acquired by the authority at public or
private sale and at such price or prices and on such terms as the
authority shall determine; and
(g) To establish, revise from time to time, charge and collect such
premiums or fees in connection with education loans and its partic-
ipation in the New York [higher education loan] REINVESTS IN STUDENT
EDUCATIONAL SUPPORTS program as the authority shall determine.
3. The authority shall have the power and is hereby authorized from
time to time to issue bonds and notes, including without limitation for
the purposes of financing and refinancing education loans and of refund-
ing any bonds or notes issued for such purpose pursuant to part V of
article fourteen of the education law.
§ 9. This act shall take effect July 1, 2027.
PART AA
Section 1. Paragraph b of subdivision 2 of section 679-e of the
education law, as amended by section 1 of part VV of chapter 56 of the
laws of 2009, is amended to read as follows:
b. "Eligible period" means the [six-year] EIGHT-YEAR period after
completion of the [third] SECOND year and before the commencement of the
[tenth] ELEVENTH year of employment as an eligible attorney. For
purposes of this section, all periods of time during which an admitted
attorney was employed as an eligible attorney and all periods of time
during which a law school graduate awaiting admission to the New York
state bar was employed by a prosecuting [or] AGENCY, criminal defense
agency, OR NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION as
permitted by section four hundred eighty-four of the judiciary law shall
be combined.
§ 2. Paragraph d of subdivision 2 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
d. "Year of qualified service" means the twelve month period measured
from the anniversary of the attorney's employment as an eligible attor-
ney, or as a law school graduate awaiting admission to the New York
A. 10006--B 59
state bar employed by a prosecuting [or] AGENCY, criminal defense
agency, OR NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION as
permitted by section four hundred eighty-four of the judiciary law,
adjusted for any interruption in employment. Any period of temporary
leave from service taken by an eligible attorney shall not be considered
in the calculation of qualified service. However, the period of tempo-
rary leave shall be considered an interruption in employment and the
calculation of the time period of qualified service shall recommence
when the eligible attorney returns to full time service.
§ 3. Paragraph a of subdivision 3 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
a. An eligible attorney may apply for reimbursement after the
completion of each year of qualified service provided however that
reimbursement to each eligible attorney shall not exceed [three thousand
four hundred] EIGHT THOUSAND dollars, per qualifying year, subject to
appropriations available therefor. The president may establish: (i) an
application deadline and (ii) a method of selecting recipients if in any
given year there are insufficient funds to cover the needs of all the
applicants. Awards shall be within the amounts appropriated for such
purpose and based on availability of funds.
§ 4. Paragraph b of subdivision 3 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
b. An eligible attorney may apply after the completion of the [fourth]
SECOND year of qualified service, and annually thereafter after the
completion of the [fifth] THIRD through [ninth] ELEVENTH year of quali-
fied service, and may seek a student loan expense grant for only the
previous year of qualified service within the time periods prescribed by
the president. An eligible attorney may receive student loan expense
grants for no more than [six] EIGHT years of qualified service within an
eligible period.
§ 5. This act shall take effect April 1, 2027. Nothing in this act
shall be implemented in a manner that diminishes the current award or
status of eligible attorneys currently participating in the program.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through AA of this act shall be
as specifically set forth in the last section of such Parts.