|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 07, 2025 |
print number 3006c |
| May 07, 2025 |
amend (t) and recommit to ways and means |
| Mar 10, 2025 |
print number 3006b |
| Mar 10, 2025 |
amend (t) and recommit to ways and means |
| Feb 21, 2025 |
print number 3006a |
| Feb 21, 2025 |
amend (t) and recommit to ways and means |
| Jan 22, 2025 |
referred to ways and means |
Assembly Bill A3006C
2025-2026 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2025-A3006 - Details
- See Senate Version of this Bill:
- S3006
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-A3006 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year; relates to contracts for excellence; relates to calculation of state aid to school districts; relates to a statewide dual enrollment policy
2025-A3006 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3006 A. 3006
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to contracts for excel-
lence; to amend the education law, in relation to foundation aid; to
amend the education law, in relation to the establishment of a state-
wide dual enrollment policy; to amend the education law, in relation
to allowable transportation expenses; to amend the education law, in
relation to universal pre-kindergarten and the Statewide universal
full-day pre-kindergarten program; to amend the education law, in
relation to state aid adjustments; to amend the education law, in
relation to the apportionment of moneys for school aid; to amend chap-
ter 756 of the laws of 1992 relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to reimbursement for the 2025-2026 school
year withholding a portion of employment preparation education aid and
in relation to the effectiveness thereof; to amend the education law,
in relation to maximum class sizes for special classes for certain
students with disabilities; to amend 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, in relation to the effectiveness thereof; providing for
special apportionment for salary expenses; providing for special
apportionment for public pension accruals; providing for set-asides
from the state funds which certain districts are receiving from the
total foundation aid; providing for support of public libraries; and
to repeal certain provisions of the education law relating to calcu-
lation of school aid (Part A); to amend the education law, in relation
to establishing a universal free school meals program; and to repeal
section 925 of the education law relating to the community eligibility
provision state subsidy (Part B); to amend the education law, in
relation to student use of internet-enabled devices during the school
day (Part C); to amend the education law in relation to scholarships
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-01-5
S. 3006 2 A. 3006
awarded to part-time students by the New York state higher education
services corporation; to amend the education law, in relation to
making conforming changes; to repeal section 666 of the education law,
relating to tuition awards for part-time undergraduate students; and
to repeal section 667-c-1 of the education law relating to the New
York state part-time scholarship award program (Part D); to amend the
education law, in relation to excelsior scholarship awarded to
students by the New York state higher education services corporation
(Part E); to amend the education law, in relation to creating a New
York opportunity promise scholarship (Part F); to amend the executive
law and the state finance law, in relation to discriminatory practices
by real estate appraisers and further fair housing compliance (Part
G); to amend the general business law, in relation to prohibiting
collusion through the use of algorithmic devices that enable landlords
to unfairly artificially inflate rents or hold units vacant (Part H);
to amend the general obligations law, in relation to extending exist-
ing security deposit protections to rent regulated tenants (Part I);
to amend the real property actions and proceedings law, in relation to
determining when a dwelling is abandoned (Part J); to amend the real
property tax law, in relation to a tax exemption for residential real
property transferred to a low-income household or community land trust
(Part K); to amend the private housing finance law, in relation to
reduction of taxes pursuant to shelter rent (Part L); to amend the
real property tax law, in relation to the applicability of the resi-
dential redevelopment inhibited property exemption to all localities
in the state (Part M); to utilize reserves in the mortgage insurance
fund for various housing purposes (Part N); to amend part N of chapter
56 of the laws of 2020, amending the social services law relating to
restructuring financing for residential school placements, in relation
to the effectiveness thereof (Part O); to amend the social services
law, in relation to certification of child care support centers to
place substitute caregivers in licensed and registered child care
programs (Part P); to amend the social services law, in relation to
improving maternal and infancy health by increasing public assistance
allowances to certain persons (Part Q); 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 R); to amend
part W of chapter 54 of the laws of 2016 amending the social services
law relating to the powers and duties of the commissioner of social
services relating to the appointment of a temporary operator, in
relation to the effectiveness thereof (Part S); to amend the labor
law, in relation to revising the healthy terminals act (Part T); to
amend the labor law, in relation to limiting liquidated damages in
certain frequency of pay violations (Part U); to amend the labor law,
in relation to civil penalties for violations of certain provisions
for the payment of wages (Part V); to amend the labor law and the
penal law, in relation to the civil and criminal penalties for
violations of child labor laws (Part W); to amend the labor law and
the education law, in relation to digitizing the process by which
minors apply for employment certificates or working papers; and to
repeal certain provisions of the labor law relating thereto (Part X);
to amend the veterans' services law, in relation to annuity to be paid
to parents, spouses, and minor children of service members who died
while on active duty (Part Y); to amend the executive law, in relation
to the requirements for filing a complaint with the division of human
rights; and to amend the state finance law, in relation to establish-
S. 3006 3 A. 3006
ing a discrimination complaints escrow fund (Part Z); and to require
the submission of an annual report on the New York state museum (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 2025-2026 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
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
2024, 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
S. 3006 4 A. 3006
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
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
S. 3006 5 A. 3006
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
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
S. 3006 6 A. 3006
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; provided, however, that, in a
city school district in a city having a population of one million or
more, notwithstanding the requirements of subparagraph (vi) of paragraph
a of subdivision two of this section, the contract for excellence shall
provide for the expenditure as set forth in subparagraph (v) of para-
graph a of subdivision two of this section. For purposes of this para-
graph, the "gap elimination adjustment percentage" shall be calculated
as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Paragraph p of subdivision 1 of section 3602 of the education law
is REPEALED.
§ 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
q of subdivision 1 of section 3602 of the education law, as amended by
section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
read as follows:
"Poverty count" shall mean the sum of the product of the [lunch]
ECONOMICALLY DISADVANTAGED STUDENT count multiplied by sixty-five
percent, plus the product of the [census] SAIPE count multiplied by
sixty-five percent, where:
(i) ["Lunch] "ECONOMICALLY DISADVANTAGED STUDENT count" shall mean the
product of the public school enrollment of the school district on the
date enrollment was counted in accordance with this subdivision for the
base year multiplied by the three-year average [free and reduced price
lunch percent] ECONOMICALLY DISADVANTAGED RATE; and
(ii) ["Census] "SAIPE count" shall mean the product of the public
school enrollment of the school district on the date enrollment was
counted in accordance with this subdivision for the base year multiplied
by the [census 2000 poverty] THREE-YEAR AVERAGE SMALL AREA INCOME AND
POVERTY ESTIMATE rate.
§ 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
of section 3602 of the education law are REPEALED.
§ 5. Paragraph kk of subdivision 1 of section 3602 of the education
law is REPEALED.
§ 6. Paragraph ll of subdivision 1 of section 3602 of the education
law, as added by section 11-a of part A of chapter 56 of the laws of
2021, is renumbered subparagraph (iv) of paragraph q of such subdivision
1 and is amended to read as follows:
S. 3006 7 A. 3006
(iv) (1) "Economically disadvantaged count" shall be equal to the
unduplicated count of all children registered to receive educational
services in grades kindergarten through twelve, including children in
ungraded programs who participate in, or whose family participates in,
economic assistance programs, such as the free or reduced-price lunch
programs, Social Security Insurance, Supplemental Nutrition Assistance
Program, Foster Care, Refugee Assistance (cash or medical assistance),
Earned Income Tax Credit (EITC), Home Energy Assistance Program (HEAP),
Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
rary Assistance for Needy Families (TANF).
(2) "Economically disadvantaged rate" shall mean the quotient arrived
at when dividing the economically disadvantaged count by public enroll-
ment as computed pursuant to subparagraph one of paragraph n of this
subdivision.
(3) "Three-year average economically disadvantaged rate" shall equal
the quotient of: (i) the sum of the economically disadvantaged count 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) the sum of
enrollment as computed pursuant to subparagraph one of paragraph n of
THIS subdivision [one of this section] 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, [computed] ROUNDED to four decimals [without rounding].
§ 7. Paragraph mm of subdivision 1 of section 3602 of the education
law is renumbered subparagraph (iii) of paragraph q of such subdivision
1 and is amended to read as follows:
(iii) "Three-year average small area income and poverty estimate rate"
shall equal the quotient of: (i) the sum of the number of persons aged
five to seventeen within the school district, based on the small area
income and poverty estimates produced by the United States census
bureau, whose families had incomes below the poverty level for the
calendar year prior to the year in which the base year began, plus such
number for the calendar year two years prior to the year in which the
base year began, plus such number for the calendar year three years
prior to the year in which the base year began; divided by (ii) the sum
of the total number of persons aged five to seventeen within the school
district, based on such census bureau estimates, for the year prior to
the year in which the base year began, plus such total number for the
year two years prior to the year in which the base year began, plus such
total number for the year three years prior to the year in which the
base year began, [computed] ROUNDED to four decimals [without rounding].
§ 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2008, is amended to read as follows:
(2) a value computed by subtracting from one the product obtained by
multiplying the combined wealth ratio by sixty-four hundredths, PROVIDED
HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR
TOTAL FOUNDATION AID, THE TIER TWO VALUE SHALL BE COMPUTED BY SUBTRACT-
ING FROM ONE THE PRODUCT OBTAINED WHEN MULTIPLYING THE COMBINED WEALTH
RATIO BY SIX HUNDRED TWENTY-EIGHT THOUSANDTHS (0.628) AND SUCH VALUES
SHALL BE COMPUTED USING THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID IN PLACE OF THE COMBINED WEALTH RATIO; or
§ 9. The closing paragraph of paragraph g of subdivision 3 of section
3602 of the education law, as amended by section 8 of part A of chapter
56 of the laws of 2024, is amended to read as follows:
S. 3006 8 A. 3006
Such result shall be expressed as a decimal carried to three places
without rounding, but shall not be greater than ninety hundredths nor
less than zero, provided, however, that for the purpose of computing the
state sharing ratio for total foundation aid in the two thousand twen-
ty-four--two thousand twenty-five school year[ and thereafter], such
result shall not be greater than ninety-one hundredths (0.91), AND THAT
FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDA-
TION AID IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-THREE
HUNDREDTHS (0.93).
§ 10. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph f to read as follows:
F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOU-
SAND TWENTY-SIX SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUNDA-
TION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 11. The education law is amended by adding a new section 319 to
read as follows:
§ 319. ESTABLISHMENT OF DUAL ENROLLMENT POLICY. 1. FOR PURPOSES OF
THIS SECTION:
(A) "DUAL ENROLLMENT" MEANS ANY PROGRAM THAT IS A PARTNERSHIP BETWEEN
AT LEAST ONE SCHOOL AND AT LEAST ONE INSTITUTION OF HIGHER EDUCATION
THAT PROVIDES HIGH SCHOOL STUDENTS WITH THE OPPORTUNITY TO ENROLL IN
COLLEGE COURSES AND EARN TRANSCRIPTED AND TRANSFERABLE COLLEGE CREDIT
FROM THE INSTITUTION(S) WHILE COMPLETING HIGH SCHOOL GRADUATION AND
DIPLOMA REQUIREMENTS. DUAL ENROLLMENT IS THE UMBRELLA UNDER WHICH EXIST-
ING PROGRAMS LIKE PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOLS
(P-TECH), SMART SCHOLARS, AND SMART TRANSFER FALL.
(B) "SCHOOL" MEANS A CHARTER SCHOOL, A SCHOOL DISTRICT, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
2. THE COMMISSIONER SHALL ADOPT A STATEWIDE POLICY OUTLINING THE DEFI-
NITION OF DUAL ENROLLMENT PROGRAMS AND GUIDELINES FOR PARTICIPATION AND
DATA REPORTING IN NEW YORK STATE.
3. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT SCHOOLS AND HIGHER EDUCATION INSTITUTIONS ANNUALLY
SUBMIT TO THE DEPARTMENT DATA DEMONSTRATING PARTICIPATION AND SUCCESS IN
DUAL ENROLLMENT PROGRAMS IN A FORM AND MANNER DETERMINED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. THE DEPARTMENT
SHALL ANNUALLY PUBLISH SUCH DATA ON ITS PUBLIC WEBSITE NO LATER THAN
JANUARY FIRST IN THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH THE
DATA IS APPLICABLE.
4. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT, BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, ALL
SCHOOLS PARTICIPATING IN A DUAL ENROLLMENT PROGRAM HAVE ON FILE WITH THE
DEPARTMENT A PARTNERSHIP AGREEMENT WITH THE INSTITUTION(S) OF HIGHER
EDUCATION WITH WHICH THEY ARE PARTNERED. SUCH PARTNERSHIP AGREEMENTS
SHALL ESTABLISH THE SCOPE AND TERMS OF THE DUAL ENROLLMENT PROGRAM, AS
WELL AS A PROTOCOL FOR COLLECTING, SHARING, AND REPORTING ANY DATA
REQUIRED BY THE COMMISSIONER PURSUANT TO THIS SECTION. PARTNERSHIP
AGREEMENTS SHALL BE CONSISTENT WITH THE POLICY ADOPTED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND SHALL CONTAIN
SUCH OTHER PROVISIONS AS MAY BE REQUIRED BY THE COMMISSIONER. THE PART-
NERSHIP AGREEMENTS SHALL BE UPDATED AND RESUBMITTED NO LESS THAN ONCE
EVERY FIVE YEARS. THE COMMISSIONER SHALL DEVELOP AND MAKE PUBLICLY
S. 3006 9 A. 3006
AVAILABLE THE REQUIRED PARTNERSHIP AGREEMENT FORM FOR SCHOOLS AND HIGHER
EDUCATION INSTITUTIONS NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMIS-
SIONER, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCEL-
LOR OF THE CITY UNIVERSITY OF NEW YORK, AND THE GOVERNOR SHALL JOINTLY
ESTABLISH DATA POINTS TO BE SUBMITTED PURSUANT TO THIS SECTION.
§ 12. Subdivision 4 of section 3627 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2024, 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 [and
thereafter] 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 THERE-
AFTER 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 AND 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 thousand thirteen
school year for transportation that would have been eligible for aid
pursuant to this section had this section been in effect in such school
year, except that subdivision six of this section shall be deemed not to
have been in effect. And provided further that the school district shall
continue to annually expend for the transportation described in subdivi-
sion one of this section at least the expenditures used for the base
amount.
§ 13. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 14 of part A of chapter 56 of the laws of
2024, is amended to read as follows:
S. 3006 10 A. 3006
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX 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.
§ 14. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 15 of part A of chapter 56 of the
laws of 2024, 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-four] TWENTY-FIVE--two thousand [twenty-five] TWENTY-
SIX school year equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 15. Subdivision 16 of section 3602-ee of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-five] TWENTY-SIX; provided that the program shall continue and
remain in full effect.
§ 16. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
S. 3006 11 A. 3006
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. It is
S. 3006 12 A. 3006
further provided that[, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget] FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEARS, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX STATE FISCAL YEAR AND ENTITLED "BT252-6", AND
FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIR-
TY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE
TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THER-
EAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT,
OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND
FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE
PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN
WHICH THE SCHOOL YEAR COMMENCES.
§ 17. The opening paragraph of section 3609-a of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-four--two thousand twenty-five
school year, "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in the school aid
computer listing for the current year produced by the commissioner in
support of the budget which includes the appropriation for the general
support for public schools for the prescribed payments and individual-
ized payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, or (ii) the apportionment calculated by the commissioner based on
S. 3006 13 A. 3006
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-four--two thousand twenty-
five school year, reference to such "school aid computer listing for the
current year" shall mean the printouts entitled "SA242-5".] FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, "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 EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
ATION 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 SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS
PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP-
TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION FIVE OF SECTION NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU-
ANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF
THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER
BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED
HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS
SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,
MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO
SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT252-6".
§ 18. 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
27 of part A of chapter 56 of the laws of 2024, 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,
S. 3006 14 A. 3006
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, [and] 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 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
NINETEEN DOLLARS AND FIFTY CENTS PER CONTACT HOUR, and where a contact
hour represents sixty minutes of instruction services provided to an
eligible adult. Notwithstanding any other provision of law to the
contrary, for the 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); for the 2021--2022 school year such
contact hours shall not exceed one million four hundred sixteen thousand
one hundred twenty-two (1,416,122); 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 thou-
sand nine hundred seventy-five (1,342,975); [and] 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 FOURTEEN THOUSAND ONE HUNDRED NINE (1,014,109). 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 subdi-
vision 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.
§ 19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion dd to read as follows:
DD. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2025--2026 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
S. 3006 15 A. 3006
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
§ 20. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2025] 2026.
§ 21. Subdivision 6 of section 4402 of the education law, as amended
by section 25 of part A of chapter 56 of the laws of 2024, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-five] TWENTY-SIX, 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.
§ 22. 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 26 of part A of chapter 56 of the laws
of 2024, 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
S. 3006 16 A. 3006
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,
[2025] 2026 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, [2025] 2026;
§ 23. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2026 and not later than the last day of the third full
business week of June 2026, 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, 2026, for salary expenses incurred between April 1 and
June 30, 2025 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-
S. 3006 17 A. 3006
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. 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, 2026, 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, 2026 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
S. 3006 18 A. 3006
on a chronological basis starting with the earliest payment due the
district.
§ 25. 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 2025--2026 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2025--2026 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
2025--2026 school year, it is further provided that any city school
S. 3006 19 A. 3006
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 2025--2026 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 26. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2025 enacting
the aid to localities budget shall be apportioned for the 2025--2026
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 2025--2026
by a chapter of the laws of 2025 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 27. 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-
S. 3006 20 A. 3006
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.
§ 28. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025, provided,
however, that:
1. Sections one, two, three, four, five, six, seven, eight, nine, ten,
twelve, thirteen, fourteen, fifteen, seventeen, twenty-one and twenty-
five of this act shall take effect July 1, 2025; and
2. The amendments to chapter 756 of the laws of 1992 made by sections
eighteen and nineteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 915-a
to read as follows:
§ 915-A. UNIVERSAL FREE SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE
ALL SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE
STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
AND LUNCH AT NO COST TO THE STUDENT. SCHOOL DISTRICTS, CHARTER SCHOOLS
AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL
BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL COMMU-
NITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE
NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT THAT, IN
THE OPINION OF THE DEPARTMENT, MAXIMIZES FEDERAL FUNDING FOR MEALS
SERVED IN SUCH PROGRAMS. PROVIDED THAT SCHOOL FOOD AUTHORITIES THAT DO
NOT QUALIFY AS A SINGLE ENTITY TO PARTICIPATE IN THE COMMUNITY ELIGIBIL-
ITY PROVISION SHALL BE REQUIRED TO GROUP SCHOOLS WITHIN THE SCHOOL FOOD
AUTHORITY, TO THE EXTENT POSSIBLE, FOR PURPOSES OF MAXIMIZING PARTIC-
IPATION IN THE COMMUNITY ELIGIBILITY PROVISION, AND PROVIDED FURTHER
THAT SCHOOL FOOD AUTHORITIES SHALL REAPPLY ANNUALLY FOR THE COMMUNITY
ELIGIBILITY PROVISION PROGRAM IN THE EVENT THAT DOING SO WOULD RESULT IN
A HIGHER PERCENTAGE OF MEALS BEING REIMBURSED AT THE FEDERAL REIMBURSE-
MENT RATE FOR A FREE MEAL.
2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, FOR EACH BREAKFAST AND
LUNCH MEAL SERVED, THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD
AUTHORITY THE DIFFERENCE BETWEEN (A) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A REDUCED-PRICE OR PAID MEAL, RESPECTIVELY, FOR
THE CURRENT SCHOOL YEAR AND (B) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED
THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL EQUAL THE
COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE
CURRENT SCHOOL YEAR.
3. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, SHALL PROMULGATE ANY RULE OR REGULATION NEEDED
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN
PARENTAL RELATION TO A STUDENT BY PROVIDING EITHER APPLICATION ASSIST-
S. 3006 21 A. 3006
ANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED TO THE
DEPARTMENT BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO MAXI-
MIZE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE SCHOOL MEALS.
4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
ASSIST SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE
TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPER-
ATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:
(A) ASSISTING SCHOOL FOOD AUTHORITIES WITH ONE OR MORE SCHOOLS QUALI-
FYING FOR THE COMMUNITY ELIGIBILITY PROVISION IN MEETING ANY STATE AND
FEDERAL REQUIREMENTS NECESSARY IN ORDER TO MAXIMIZE REIMBURSEMENT
THROUGH THE COMMUNITY ELIGIBILITY PROVISION, INCLUDING ASSISTING SUCH
SCHOOL FOOD AUTHORITIES IN MAXIMIZING PARTICIPATION IN THE COMMUNITY
ELIGIBILITY PROVISION.
(B) IF A SCHOOL FOOD AUTHORITY IS INELIGIBLE TO PARTICIPATE IN AND
RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION,
ASSISTING THE SCHOOL FOOD AUTHORITY IN ACHIEVING AND MAXIMIZING ELIGI-
BILITY AND, IF THAT IS NOT FEASIBLE, ASSISTING THE SCHOOL FOOD AUTHORITY
IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL
FEDERAL PROVISIONS AVAILABLE TO SCHOOLS TO MAXIMIZE FEDERAL REIMBURSE-
MENT.
5. SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS SHALL
MAXIMIZE THE NUMBER OF STUDENTS ELIGIBLE FOR FREE MEALS BY CONDUCTING
THE DIRECT CERTIFICATION MATCHING PROCESS AT A MINIMUM OF THREE TIMES
PER YEAR, DESIGNATING CHILDREN AS "OTHER SOURCE CATEGORICALLY ELIGIBLE",
AS DEFINED BY FEDERAL REGULATIONS, OR, FOR SCHOOLS NOT PARTICIPATING IN
THE COMMUNITY ELIGIBILITY PROVISION OR PROVISION 2, BY ANNUALLY COLLECT-
ING THE FREE AND REDUCED-PRICE MEAL APPLICATION.
§ 2. Section 925 of the education law is REPEALED.
§ 3. This act shall take effect July 1, 2025.
PART C
Section 1. The education law is amended by adding a new section 2803
to read as follows:
§ 2803. USE OF INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY. 1. FOR
PURPOSES OF THIS SECTION:
(A) "INTERNET-ENABLED DEVICES" SHALL MEAN AND INCLUDE ANY SMARTPHONE,
TABLET, SMARTWATCH, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE INTER-
NET AND ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET, INCLUDING
SOCIAL MEDIA APPLICATIONS; PROVIDED, HOWEVER, THAT "INTERNET-ENABLED
DEVICES" SHALL NOT INCLUDE:
(I) NON-INTERNET-ENABLED DEVICES SUCH AS CELLULAR PHONES OR OTHER
COMMUNICATION DEVICES NOT CAPABLE OF CONNECTING TO THE INTERNET OR
ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET; OR
(II) INTERNET-ENABLED DEVICES SUPPLIED BY THE SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES THAT ARE USED FOR AN EDUCATIONAL
PURPOSE.
(B) "SCHOOL DAY" SHALL MEAN THE ENTIRETY OF EVERY INSTRUCTIONAL DAY AS
REQUIRED BY SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
CHAPTER DURING ALL INSTRUCTIONAL TIME AND NON-INSTRUCTIONAL TIME,
INCLUDING BUT NOT LIMITED TO HOMEROOM PERIODS, LUNCH, RECESS, STUDY
HALLS, AND PASSING TIME.
(C) "SCHOOL GROUNDS" SHALL MEAN IN OR ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, OR LAND CONTAINED WITHIN
S. 3006 22 A. 3006
THE REAL PROPERTY BOUNDARY LINE OF AN ELEMENTARY, INTERMEDIATE, JUNIOR
HIGH, VOCATIONAL, OR HIGH SCHOOL OR A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES FACILITY.
2. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL ADOPT A WRITTEN POLICY PROHIBITING THE USE OF INTERNET-ENABLED
DEVICES BY STUDENTS DURING THE SCHOOL DAY ANYWHERE ON SCHOOL GROUNDS.
3. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR PARENTS AND GUARDIANS
OF STUDENTS TO CONTACT STUDENTS DURING THE SCHOOL DAY AND PROVIDE FOR
WRITTEN NOTIFICATION OF PARENTS AND GUARDIANS OF THESE METHODS AT THE
BEGINNING OF EACH SCHOOL YEAR.
4. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR ON-SITE STORAGE WHERE
STUDENTS MAY STORE THEIR INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY,
WHICH MAY INCLUDE STUDENT LOCKERS.
5. (A) THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION MAY AUTHORIZE STUDENT USE OF AN INTERNET-ENABLED DEVICE
DURING THE SCHOOL DAY ON SCHOOL GROUNDS:
(I) IF AUTHORIZED BY A TEACHER OR THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FOR A SPECIFIC EDUCATIONAL PURPOSE;
(II) WHERE NECESSARY FOR THE MANAGEMENT OF A STUDENT'S HEALTHCARE;
(III) IN THE EVENT OF AN EMERGENCY;
(IV) FOR TRANSLATION SERVICES; OR
(V) WHERE REQUIRED BY LAW.
(B) THE POLICY MAY NOT PROHIBIT A STUDENT'S USE OF AN INTERNET-ENABLED
DEVICE WHERE SUCH USE IS INCLUDED IN THE STUDENT'S:
(I) INDIVIDUALIZED EDUCATION PROGRAM; OR
(II) PLAN DEVELOPED PURSUANT TO SECTION FIVE HUNDRED FOUR OF THE
FEDERAL REHABILITATION ACT OF 1973, 29 U.S.C. 794.
6. NO LATER THAN AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ADOPT AND
PUBLISH IN A CLEARLY VISIBLE AND ACCESSIBLE LOCATION ON ITS WEBSITE THE
INTERNET-ENABLED DEVICE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION. TRANSLATION OF SUCH POLICY INTO ANY OF THE TWELVE MOST
COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDI-
VIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT AMERICAN
COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS BUREAU, SHALL BE
PROVIDED UPON REQUEST.
7. NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND EACH
SEPTEMBER FIRST THEREAFTER, EACH SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL PUBLISH AN ANNUAL REPORT ON ITS WEBSITE
DETAILING ENFORCEMENT OF THE POLICY WITHIN THE DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES IN THE PRIOR SCHOOL YEAR, INCLUDING
NON-IDENTIFIABLE DEMOGRAPHIC DATA OF STUDENTS WHO HAVE FACED DISCIPLI-
NARY ACTION FOR NON-COMPLIANCE AND ANALYSIS OF ANY DEMOGRAPHIC DISPARI-
TIES IN ENFORCEMENT OF THE POLICY. IF A STATISTICALLY SIGNIFICANT DISPA-
RATE ENFORCEMENT IMPACT IS IDENTIFIED, SUCH REPORT SHALL INCLUDE A
MITIGATION ACTION PLAN.
§ 2. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (g) to read as follows:
(G) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
TWENTY-EIGHT HUNDRED THREE OF THIS TITLE.
§ 3. This act shall take effect immediately.
PART D
S. 3006 23 A. 3006
Section 1. Section 666 of the education law is REPEALED.
§ 2. Paragraph a of subdivision 2 of section 667-c of the education
law, as amended by section 1 of part E of chapter 56 of the laws of
2022, is amended to read as follows:
a. for students defined in paragraph a of subdivision one of this
section, a part-time student is one who: (i) IS enrolled [as a first-
time freshman during the two thousand six--two thousand seven academic
year or thereafter] at a college or university within the state univer-
sity, including a statutory or contract college, a community college
established pursuant to article one hundred twenty-six of this chapter,
the city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
(ii) is enrolled for at least [six] THREE but less than twelve semes-
ter hours, or the equivalent, per semester in an approved undergraduate
degree program; and
(iii) has a cumulative grade-point average of at least 2.00.
§ 3. Section 667-c-1 of the education law is REPEALED.
§ 4. Paragraph c of subdivision 5 of section 610 of the education law,
as added by chapter 425 of the laws of 1988, is amended to read as
follows:
c. Any semester, quarter or term of attendance during which a student
receives an award for part-time study pursuant to this section shall be
counted as one-half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility for tuition assistance awards
pursuant to [sections six hundred sixty-six and] SECTION six hundred
sixty-seven of this chapter.
§ 5. Subdivision 2 of section 667 of the education law, as amended by
chapter 376 of the laws of 2019, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. An
undergraduate 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 [his or her] THE 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. Any semester, quarter, or term of attendance during which
a student receives any award under this article, after the effective
date of the former scholar incentive program and prior to academic year
nineteen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section[, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this subpart shall be counted as one-half of a semester,
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section]. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
S. 3006 24 A. 3006
sixty-seven-a of this subpart shall not be counted toward the maximum
term of eligibility under this section.
§ 6. This act shall take effect immediately and shall apply to academ-
ic years 2025-2026 and thereafter.
PART E
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted [beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter] to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
[five thousand five hundred dollars or] actual tuition[, whichever is
less]; provided, however, (a) a student who receives educational grants
and/or scholarships that cover the student's full cost of attendance
shall not be eligible for an award under this program; and (b) an award
under this program shall be applied to tuition after the application of
payments received under the tuition assistance program pursuant to
section six hundred sixty-seven of this subpart, tuition credits pursu-
ant to section six hundred eighty-nine-a of this article, federal Pell
grant pursuant to section one thousand seventy of title twenty of the
United States code, et seq., and any other program that covers the cost
of attendance unless exclusively for non-tuition expenses, and the award
under this program shall be reduced in the amount equal to such
payments, provided that the combined benefits do not exceed [five thou-
sand five hundred dollars. Upon notification of an award under this
program, the institution shall defer the amount of tuition. Notwith-
standing paragraph h of subdivision two of section three hundred fifty-
five and paragraph (a) of subdivision seven of section six thousand two
hundred six of this chapter, and any other law, rule or regulation to
the contrary,] the RESIDENT undergraduate tuition charged by [the insti-
tution to recipients of an award shall not exceed the tuition rate
established by the institution for the two thousand sixteen--two thou-
sand seventeen academic year provided, however, that in the two thousand
twenty-two--two thousand twenty-three academic year and every year ther-
eafter, the undergraduate tuition charged by the institution to recipi-
ents of an award shall be reset to equal the tuition rate established by
the institution for the forthcoming academic year, provided further that
the tuition credit calculated pursuant to section six hundred eighty-
nine-a of this article shall be applied toward the tuition rate charged
for recipients of an award under this program. Provided further that]
the state university of New York [and the city university of New York
shall provide an additional tuition credit to students receiving an
award to cover the remaining cost of tuition].
§ 2. This act shall take effect immediately and shall be applicable to
academic years 2025-2026 and thereafter.
PART F
Section 1. The education law is amended by adding a new section 6311
to read as follows:
S. 3006 25 A. 3006
§ 6311. NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP. 1. ELIGIBILITY. A
NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP SHALL BE AWARDED TO AN APPLI-
CANT WHO MEETS ALL OF THE FOLLOWING CONDITIONS:
(A) IS AT LEAST TWENTY-FIVE YEARS OF AGE OR OLDER, BUT IN NO CASE MORE
THAN FIFTY-FIVE YEARS OF AGE, AS OF JANUARY FIRST OF THE CALENDAR YEAR
FOR THE SEMESTER FOR WHICH THE APPLICANT MAKES INITIAL APPLICATION;
(B) HAS APPLIED FOR A NEW YORK STATE TUITION ASSISTANCE PROGRAM AWARD
PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER, A FEDERAL
PELL GRANT PURSUANT TO SECTION 1070 OF TITLE 20 OF THE UNITED STATES
CODE, ET. SEQ., AND ANY OTHER APPLICABLE FINANCIAL AID;
(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, IN AN
APPROVED PROGRAM DIRECTLY LEADING TO AN ASSOCIATE'S DEGREE IN A HIGH-DE-
MAND FIELD; PROVIDED THAT FOR THE TWO THOUSAND TWENTY-FIVE -- TWO THOU-
SAND TWENTY-SIX ACADEMIC YEAR, SUCH FIELDS SHALL INCLUDE BUT NOT BE
LIMITED TO ADVANCED MANUFACTURING, TECHNOLOGY, CYBERSECURITY, ENGINEER-
ING, ARTIFICIAL 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, AND
PROVIDED FURTHER THAT THE ELIGIBILITY OF SUCH APPROVED PROGRAM ESTAB-
LISHED 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;
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.
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, 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.
3. ADDITIONAL PROVISIONS. AN ELIGIBLE RECIPIENT SHALL COMPLETE AT
LEAST SIX CREDITS PER SEMESTER, FOR A TOTAL OF AT LEAST TWELVE CREDITS
PER ACADEMIC YEAR, IN AN APPROVED PROGRAM OF STUDY. AN ELIGIBLE RECIPI-
ENT SHALL BE CONTINUOUSLY ENROLLED WITHOUT A GAP OF MORE THAN ONE
ACADEMIC YEAR, PROVIDED THAT SUCH DURATION MAY BE EXTENDED FOR AN ALLOW-
ABLE INTERRUPTION OF STUDY INCLUDING, BUT NOT LIMITED TO, DEATH OF A
FAMILY MEMBER, MEDICAL LEAVE, MILITARY SERVICE, AND PARENTAL LEAVE.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, IF AN APPLI-
S. 3006 26 A. 3006
CANT FAILS TO MEET THE ELIGIBILITY CRITERIA OF THIS SECTION AT ANY
POINT, NO FURTHER AWARDS SHALL BE MADE TO THE APPLICANT.
4. CONDITIONS. (A) AN ELIGIBLE RECIPIENT SHALL CONTINUE TO MAKE SATIS-
FACTORY ACADEMIC PROGRESS IN ORDER TO MAINTAIN CONTINUED ELIGIBILITY FOR
AN AWARD PURSUANT TO THIS SECTION.
(B) EACH CAMPUS THAT ENROLLS STUDENTS PURSUANT TO THIS SECTION SHALL
TAKE STEPS CONSISTENT WITH ESTABLISHED POLICY TO MAXIMIZE THE AWARD OF
CREDIT FOR PRIOR LEARNING FOR PARTICIPATING STUDENTS.
(C) NO STUDENT SHALL RECEIVE AN AWARD PURSUANT TO THIS SECTION FOR
GREATER THAN TEN SEMESTERS.
(D) A STUDENT WHO EARNS COLLEGE CREDIT PURSUANT TO THIS SECTION SHALL
BE ENTITLED TO TRANSFER SUCH CREDIT TO ANOTHER STATE UNIVERSITY OF NEW
YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS CONSISTENT WITH TRANSFER
POLICIES ESTABLISHED BY THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVER-
SITY OF NEW YORK.
5. REPORTING. BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND BY
SEPTEMBER FIRST OF EACH YEAR THEREAFTER, THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL EACH SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING INFORMATION:
(A) ENROLLMENT DATA BY FULL AND PART-TIME STATUS;
(B) RETENTION AND COMPLETION RATES BY FULL AND PART-TIME STATUS;
(C) BARRIERS TO STUDENT PARTICIPATION;
(D) DEMOGRAPHIC DATA RELATED TO THE PROGRAM;
(E) AVERAGE PRIOR LEARNING AND TRANSFER CREDIT AWARDED;
(F) THE TOTAL AMOUNT OF FUNDS AWARDED AND THE AVERAGE AWARD PER
STUDENT; AND
(G) POST-COMPLETION OUTCOMES INCLUDING TRANSFER, EMPLOYMENT, AND
WAGES, AS APPLICABLE.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 42 to read as follows:
42. THE TERM "REAL ESTATE APPRAISAL" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-A OF THIS CHAPTER.
PROVIDED, HOWEVER, THAT (A) REAL ESTATE APPRAISALS SUBJECT TO THIS ARTI-
CLE INCLUDE THOSE PERFORMED BY ANY PERSON OR ENTITY WHOSE BUSINESS HOLDS
ITSELF OUT AS ENGAGING IN RESIDENTIAL REAL ESTATE APPRAISALS, REGARDLESS
OF WHETHER OR NOT SUCH PERSON OR ENTITY IS CERTIFIED OR LICENSED TO
PROVIDE REAL ESTATE APPRAISALS PURSUANT TO THE PROVISIONS OF ARTICLE
SIX-E OF THIS CHAPTER, AND (B) FOR THE PURPOSES OF THIS ARTICLE, THE
REAL ESTATE APPRAISAL INCLUDES ALL ORAL COMMUNICATIONS AND ALL WRITTEN
COMMENTS AND OTHER DOCUMENTS SUBMITTED AS SUPPORT FOR THE ESTIMATE,
OPINION OF VALUE, OR ANALYSIS.
§ 2. Subdivision 5 of section 296 of the executive law is amended by
adding a new paragraph (h) to read as follows:
(H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON TO
DISCRIMINATE AGAINST ANY INDIVIDUAL IN MAKING REAL ESTATE APPRAISAL
SERVICES AVAILABLE OR TO BASE A REAL ESTATE APPRAISAL, ESTIMATE, OR
OPINION OF VALUE ON THE RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZEN-
SHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR
EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR
S. 3006 27 A. 3006
FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS OR OCCUPANTS OF THE
REAL PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR
THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN THE VICINITY
OF THE PROPERTY. NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE
APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED,
COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISA-
BILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL
SOURCE OF INCOME, OR FAMILIAL STATUS.
§ 3. Subdivision 9 of section 160-e of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
9. To suspend and revoke certificates or licenses OR IMPOSE FINES
pursuant to the disciplinary proceedings provided for in this article.
§ 4. The opening paragraph of subdivision 1 of section 160-u of the
executive law, as amended by chapter 397 of the laws of 1991, is amended
to read as follows:
The rights of any holder under a state certificate as a state certi-
fied real estate appraiser, or a license as a state licensed real estate
appraiser, may be revoked or suspended, or the holder of the certif-
ication or license may be otherwise disciplined in accordance with the
provisions of this article, upon any of the grounds set forth in this
section. AS AN ALTERNATIVE OR IN ADDITION TO SUCH SUSPENSION OR REVOCA-
TION, A FINE NOT EXCEEDING TWO THOUSAND DOLLARS MAY BE IMPOSED ON ANY
HOLDER OF THE CERTIFICATION OR LICENSE, PROVIDED THAT FIFTY PERCENT OF
ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE FOR SUCH FINES SHALL BE
PAYABLE TO THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSUANT
TO SECTION EIGHTY-A OF THE STATE FINANCE LAW. The department may inves-
tigate the actions of a state certified or licensed real estate
appraiser, and may [revoke or suspend the rights of] SANCTION OR OTHER-
WISE DISCIPLINE a certificate or license holder [or otherwise discipline
a state certified or licensed real estate appraiser] for any of the
following acts or omissions:
§ 5. Subdivision 1 of section 160-v of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
1. Before suspending or revoking any certification or license OR
IMPOSING ANY FINES ON A HOLDER OF A CERTIFICATION OR LICENSE, the
department shall notify the state certified or licensed real estate
appraiser or licensed real estate appraiser assistant in writing of any
charges made at least twenty days prior to the date set for the hearing
and shall afford [him or her] SUCH REAL ESTATE APPRAISER OR SUCH REAL
ESTATE APPRAISER ASSISTANT an opportunity to be heard in person or by
counsel.
§ 6. Subdivision 2 of section 160-w of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
2. If the department determined that a state certified or licensed
real estate appraiser or licensed real estate appraiser assistant is
guilty of a violation of any of the provisions of this article, it shall
prepare a finding of fact and recommend that such appraiser be repri-
manded [or], that [his or her] THEIR certification or license be
suspended or revoked, AND/OR INDICATE WHETHER A FINE SHALL BE IMPOSED.
The decision and order of the department shall be final.
§ 7. Subdivisions 2 and 3 of section 80-a of the state finance law,
subdivision 2 as added by chapter 687 of the laws of 2021 and subdivi-
sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
as follows:
S. 3006 28 A. 3006
2. The anti-discrimination in housing fund shall consist of moneys
appropriated thereto, moneys transferred from any other fund or sources,
FIFTY PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO SUBDI-
VISION ONE OF SECTION ONE HUNDRED SIXTY-U OF THE EXECUTIVE LAW, and
fifty percent of all fines and forfeitures collected pursuant to para-
graph (a) of subdivision one of section four hundred forty-one-c of the
real property law. Nothing contained in this section shall prevent the
state from receiving grants, gifts or bequests for the purposes of the
fund as defined in this section and depositing them into the fund
according to law.
3. The moneys in the anti-discrimination in housing fund shall be kept
separate from and shall not be commingled with any other moneys in the
custody of the state comptroller. Such moneys shall be made available to
the office of the attorney general, for [fair housing testing] PROGRAMS
ASSISTING WITH FAIR HOUSING COMPLIANCE, WHICH INCLUDES, BUT IS NOT
LIMITED TO, FAIR HOUSING TESTING, OUTREACH AND EDUCATION ON FAIR HOUSING
PROTECTIONS, ADDRESSING AND INVESTIGATING FAIR HOUSING ALLEGATIONS AND
COMPLAINTS, AND ADDRESSING DISCRIMINATION IN APPRAISALS, INCLUDING NEW
APPRAISALS AND APPRAISAL REVIEW, through allocation of grants to duly
applying county, city, town or village human rights commissions, or
other duly applying county, city, town, village or not-for-profit enti-
ties specializing in the prevention of unlawful discrimination in hous-
ing, to detect unlawful discrimination in housing.
§ 8. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 9. This act shall take effect immediately.
PART H
Section 1. Section 340 of the general business law is amended by
adding a new subdivision 2-a to read as follows:
2-A. (A) SUBJECT TO THE EXCEPTIONS HEREINAFTER PROVIDED IN THIS SUBDI-
VISION, THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO COORDINATORS
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND TO RESIDENTIAL RENTAL
PROPERTY OWNERS OR MANAGERS PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVI-
SION.
(B) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(I) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS THAT USES A SET OF RULES
TO DEFINE A SEQUENCE OF OPERATIONS.
(II) "ALGORITHMIC DEVICE" MEANS ANY MACHINE, DEVICE, COMPUTER PROGRAM
OR COMPUTER SOFTWARE THAT, ON ITS OWN OR WITH HUMAN ASSISTANCE PERFORMS
A COORDINATING FUNCTION.
(III) "COORDINATING FUNCTION" MEANS PERFORMING ALL OF THE FOLLOWING
SUBFUNCTIONS, PROVIDED, HOWEVER, THAT A PRODUCT USED FOR THE PURPOSE OF
ESTABLISHING RENT OR INCOME LIMITS IN ACCORDANCE WITH THE RENT STABILI-
ZATION CODE OR EMERGENCY TENANT PROTECTION ACT OR AFFORDABLE HOUSING
PROGRAM GUIDELINES OF A LOCAL GOVERNMENT, THE STATE, THE FEDERAL GOVERN-
MENT, OR OTHER POLITICAL SUBDIVISION SHALL NOT BE CONSIDERED TO BE
PERFORMING A COORDINATING FUNCTION:
(1) COLLECTING HISTORICAL OR CONTEMPORANEOUS PRICES, SUPPLY LEVELS, OR
LEASE OR RENTAL CONTRACT TERMINATION AND RENEWAL DATES OF RESIDENTIAL
S. 3006 29 A. 3006
DWELLING UNITS FROM TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
MANAGERS, PROVIDED THAT AT LEAST TWO SUCH RESIDENTIAL RENTAL PROPERTY
OWNERS OR MANAGERS ARE NOT WHOLLY-OWNED SUBSIDIARIES OF THE SAME PARENT
ENTITY OR OTHERWISE OWNED OR MANAGED BY THE SAME RESIDENTIAL RENTAL
PROPERTY OWNER OR MANAGER;
(2) ANALYZING OR PROCESSING THE INFORMATION DESCRIBED IN CLAUSE ONE OF
THIS SUBPARAGRAPH USING A SYSTEM, SOFTWARE, OR PROCESS THAT USES COMPU-
TATION, INCLUDING BY USING THAT INFORMATION TO TRAIN AN ALGORITHM; AND
(3) RECOMMENDING RENTAL PRICES, LEASE RENEWAL TERMS, IDEAL OCCUPANCY
LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A RESIDENTIAL RENTAL
PROPERTY OWNER OR MANAGER.
(IV) "COORDINATOR" MEANS ANY PERSON OR ENTITY THAT OPERATES OR
LICENSES A SOFTWARE OR DATA ANALYTICS SERVICE THAT PERFORMS A COORDINAT-
ING FUNCTION FOR TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
MANAGERS.
(V) "RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER" MEANS ANY INDIVID-
UAL OR ENTITY THAT OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY OR INDI-
RECTLY, IN WHOLE OR IN PART, OR MANAGES ONE OR MORE RESIDENTIAL RENTAL
DWELLING UNITS IN NEW YORK STATE.
(C) IT SHALL BE CONSIDERED AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A
COORDINATOR TO FACILITATE AN AGREEMENT BETWEEN OR AMONG TWO OR MORE
RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS TO NOT COMPETE WITH
RESPECT TO RESIDENTIAL RENTAL DWELLING UNITS, INCLUDING BY PERFORMING A
COORDINATING FUNCTION ON BEHALF OF OR BETWEEN AND AMONG SUCH RESIDENTIAL
RENTAL PROPERTY OWNERS OR MANAGERS.
(D) IT SHALL BE CONSIDERED AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A
RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER TO ENTER INTO SUCH AN
AGREEMENT AS IS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION EITHER
EXPRESSLY OR BY ADJUSTING RENTAL PRICES, LEASE RENEWAL TERMS, OCCUPANCY
LEVELS, OR OTHER LEASE TERMS AND CONDITIONS IN ONE OR MORE OF THEIR
RESIDENTIAL RENTAL PROPERTIES BASED ON RECOMMENDATIONS FROM AN ALGORITH-
MIC DEVICE PERFORMING A COORDINATING FUNCTION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become law.
PART I
Section 1. Section 7-107 of the general obligations law, as added by
chapter 917 of the laws of 1984, is amended to read as follows:
§ 7-107. Liability of a grantee or assignee for deposits made by
tenants upon conveyance of rent stabilized dwelling units. 1. This
section shall apply only to dwelling units subject to the New York city
rent stabilization law of nineteen hundred sixty-nine or the emergency
tenant protection act of nineteen seventy-four.
2. [(a) Any grantee or assignee of any dwelling unit referred to in
subdivision one of this section shall be liable to a tenant for any sum
of money or any other thing of value deposited as security for the full
performance by such tenant of the terms of his lease, plus any accrued
interest, if his or its predecessor in interest was liable for such
funds. Such liability shall attach whether or not the successor in
interest has, upon the conveyance of such dwelling unit, received the
sum as deposited.
(b) The liability of a receiver for payment of any security deposit
plus accrued interest pursuant to this subdivision shall be limited to
the amount of such deposit actually turned over to him or it pursuant to
subdivision one of section 7-105 of this chapter and to the operating
S. 3006 30 A. 3006
income in excess of expenses generated during his or its period of
receivership] NO DEPOSIT OR ADVANCE SHALL EXCEED THE AMOUNT OF ONE
MONTH'S RENT UNDER ANY CONTRACT FOR THE LEASE OR TENANCY OF A DWELLING
UNIT SUBJECT TO THIS SECTION.
3. [Any agreement by a lessee or tenant of a dwelling unit waiving or
modifying his rights as set forth in this section shall be void] THE
ENTIRE AMOUNT OF THE DEPOSIT OR ADVANCE SHALL BE REFUNDABLE TO THE
TENANT UPON THE TENANT'S VACATING OF THE PREMISES EXCEPT FOR AN AMOUNT
LAWFULLY RETAINED FOR THE REASONABLE AND ITEMIZED COSTS DUE TO NON-PAY-
MENT OF RENT, DAMAGE CAUSED BY THE TENANT BEYOND NORMAL WEAR AND TEAR,
NON-PAYMENT OF UTILITY CHARGES PAYABLE DIRECTLY TO THE LANDLORD UNDER
THE TERMS OF THE LEASE OR TENANCY, AND MOVING AND STORAGE OF THE
TENANT'S BELONGINGS. THE LANDLORD MAY NOT RETAIN ANY AMOUNT OF THE
DEPOSIT FOR COSTS RELATING TO ORDINARY WEAR AND TEAR OF OCCUPANCY OR
DAMAGE CAUSED BY A PRIOR TENANT.
4. AFTER INITIAL LEASE SIGNING BUT BEFORE THE TENANT BEGINS OCCUPANCY,
THE LANDLORD SHALL OFFER THE TENANT THE OPPORTUNITY TO INSPECT THE PREM-
ISES WITH THE LANDLORD OR THE LANDLORD'S AGENT TO DETERMINE THE CONDI-
TION OF THE PROPERTY. IF THE TENANT REQUESTS SUCH INSPECTION, THE
PARTIES SHALL EXECUTE A WRITTEN AGREEMENT BEFORE THE TENANT BEGINS OCCU-
PANCY OF THE UNIT ATTESTING TO THE CONDITION OF THE PROPERTY AND SPECIF-
ICALLY NOTING ANY EXISTING DEFECTS OR DAMAGES. UPON THE TENANT'S VACAT-
ING OF THE PREMISES, THE LANDLORD MAY NOT RETAIN ANY AMOUNT OF THE
DEPOSIT OR ADVANCE DUE TO ANY CONDITION, DEFECT, OR DAMAGE NOTED IN SUCH
AGREEMENT. THE AGREEMENT SHALL BE ADMISSIBLE AS EVIDENCE OF THE CONDI-
TION OF THE PREMISES AT THE BEGINNING OF OCCUPANCY ONLY IN PROCEEDINGS
RELATED TO THE RETURN OR AMOUNT OF THE SECURITY DEPOSIT.
5. WITHIN A REASONABLE TIME AFTER NOTIFICATION OF EITHER PARTY'S
INTENTION TO TERMINATE THE TENANCY, UNLESS THE TENANT TERMINATES THE
TENANCY WITH LESS THAN TWO WEEKS' NOTICE, THE LANDLORD SHALL NOTIFY THE
TENANT IN WRITING OF THE TENANT'S RIGHT TO REQUEST AN INSPECTION BEFORE
VACATING THE PREMISES AND OF THE TENANT'S RIGHT TO BE PRESENT AT THE
INSPECTION. IF THE TENANT REQUESTS SUCH AN INSPECTION, THE INSPECTION
SHALL BE MADE NO EARLIER THAN TWO WEEKS AND NO LATER THAN ONE WEEK
BEFORE THE END OF THE TENANCY. THE LANDLORD SHALL PROVIDE AT LEAST
FORTY-EIGHT HOURS WRITTEN NOTICE OF THE DATE AND TIME OF THE INSPECTION.
AFTER THE INSPECTION, THE LANDLORD SHALL PROVIDE THE TENANT WITH AN
ITEMIZED STATEMENT SPECIFYING REPAIRS OR CLEANING THAT ARE PROPOSED TO
BE THE BASIS OF ANY DEDUCTIONS FROM THE TENANT'S DEPOSIT. THE TENANT
SHALL HAVE THE OPPORTUNITY TO CURE ANY SUCH CONDITION BEFORE THE END OF
THE TENANCY. ANY STATEMENT PRODUCED PURSUANT TO THIS SUBDIVISION SHALL
ONLY BE ADMISSIBLE IN PROCEEDINGS RELATED TO THE RETURN OR AMOUNT OF THE
SECURITY DEPOSIT.
6. WITHIN FOURTEEN DAYS AFTER THE TENANT HAS VACATED THE PREMISES, THE
LANDLORD SHALL PROVIDE THE TENANT WITH AN ITEMIZED STATEMENT INDICATING
THE BASIS FOR THE AMOUNT OF THE DEPOSIT RETAINED, IF ANY, AND SHALL
RETURN ANY REMAINING PORTION OF THE DEPOSIT TO THE TENANT. IF A LANDLORD
FAILS TO PROVIDE THE TENANT WITH THE STATEMENT AND DEPOSIT WITHIN FOUR-
TEEN DAYS, THE LANDLORD SHALL FORFEIT ANY RIGHT TO RETAIN ANY PORTION OF
THE DEPOSIT.
7. IN ANY ACTION OR PROCEEDING DISPUTING THE AMOUNT OF ANY AMOUNT OF
THE DEPOSIT RETAINED, THE LANDLORD SHALL BEAR THE BURDEN OF PROOF AS TO
THE REASONABLENESS OF THE AMOUNT RETAINED.
8. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE FOR ACTUAL DAMAGES, PROVIDED A PERSON FOUND TO HAVE WILLFULLY
S. 3006 31 A. 3006
VIOLATED THIS SECTION SHALL BE LIABLE FOR PUNITIVE DAMAGES OF UP TO
TWICE THE AMOUNT OF THE DEPOSIT OR ADVANCE.
9. (A) IN CIRCUMSTANCES WHERE ANY SUM OF MONEY OR ANY OTHER THING OF
VALUE DEPOSITED AS SECURITY FOR THE FULL PERFORMANCE BY A TENANT OF THE
TERMS OF THEIR LEASE IS NOT TURNED OVER TO A SUCCESSOR IN INTEREST
PURSUANT TO SECTION 7-105 OF THIS TITLE, THE GRANTEE OR ASSIGNEE OF THE
LEASED PREMISES SHALL ALSO BE LIABLE TO SUCH TENANT, UPON CONVEYANCE OF
SUCH LEASED PREMISES, FOR THE REPAYMENT OF ANY SUCH SECURITY DEPOSIT,
PLUS ACCRUED INTEREST, AS TO WHICH SUCH GRANTEE OR ASSIGNEE HAS ACTUAL
KNOWLEDGE.
(B) FOR PURPOSES OF THIS SECTION, A GRANTEE OR ASSIGNEE OF THE LEASED
PREMISES SHALL BE DEEMED TO HAVE ACTUAL KNOWLEDGE OF ANY SECURITY DEPOS-
IT WHICH IS (I) DEPOSITED AT ANY TIME DURING THE SIX MONTHS IMMEDIATELY
PRIOR TO CLOSING OR OTHER TRANSFER OF TITLE IN ANY BANKING ORGANIZATION
PURSUANT TO SUBDIVISION TWO-A OF SECTION 7-103 OF THIS TITLE, OR (II)
ACKNOWLEDGED IN ANY LEASE IN EFFECT AT THE TIME OF CLOSING OR OTHER
TRANSFER OF TITLE, OR (III) SUPPORTED BY DOCUMENTARY EVIDENCE PROVIDED
BY THE TENANT OR LESSEE AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVI-
SION.
(C) WITH RESPECT TO ANY LEASED PREMISES FOR WHICH THERE IS NO RECORD
OF SECURITY DEPOSIT PURSUANT TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH
(B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF THE LEASED PREMISES
SHALL BE OBLIGATED TO NOTIFY THE TENANT THEREOF IN WRITING NO LATER THAN
THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF TITLE TO THE FACT
THAT THERE IS NO RECORD OF A SECURITY DEPOSIT FOR SAID LEASED PREMISES
AND THAT UNLESS THE TENANT WITHIN THIRTY DAYS AFTER RECEIVING NOTICE
PROVIDES THEM OR IT WITH DOCUMENTARY EVIDENCE OF DEPOSIT, THE TENANT
SHALL HAVE NO FURTHER RECOURSE AGAINST THEM OR IT FOR SAID SECURITY
DEPOSIT. FOR PURPOSES OF THIS SUBDIVISION, "DOCUMENTARY EVIDENCE" SHALL
BE LIMITED TO ANY CANCELLED CHECK DRAWN TO THE ORDER OF, A RECEIPT FROM,
OR A LEASE SIGNED BY ANY PREDECESSOR IN INTEREST, IF SUCH PREDECESSOR'S
INTEREST IN THE LEASED PREMISES EXISTED ON OR AFTER THE EFFECTIVE DATE
OF THIS PARAGRAPH. EXCEPT AS OTHERWISE PROVIDED BY SUBPARAGRAPHS (I) AND
(II) OF PARAGRAPH (B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF
THE LEASED PREMISES SHALL NOT BE CHARGED WITH ACTUAL KNOWLEDGE OF THE
SECURITY DEPOSIT WHERE THE TENANT FAILS WITHIN THE THIRTY-DAY PERIOD TO
PROVIDE SUCH DOCUMENTARY EVIDENCE. WHERE THE GRANTEE OR ASSIGNEE OF THE
LEASED PREMISES FAILS TO NOTIFY THE TENANT AS SPECIFIED IN THIS PARA-
GRAPH WITHIN THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF
TITLE, THE TENANT SHALL BE ENTITLED TO PRODUCE DOCUMENTARY EVIDENCE AT
ANY TIME.
(D) THE GRANTEE OR ASSIGNEE OF THE LEASED PREMISES SHALL HAVE THE
RIGHT TO DEMAND THAT THE GRANTOR OR ASSIGNOR THEREOF ESTABLISH AN ESCROW
ACCOUNT EQUAL TO ONE MONTH'S RENT FOR ANY LEASED PREMISES FOR WHICH
THERE IS NO RECORD OF A SECURITY DEPOSIT PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION TO BE USED FOR THE PURPOSE OF HOLDING HARMLESS THE
GRANTEE OR ASSIGNEE IN ANY CASE WHERE, AT A DATE SUBSEQUENT TO THE CLOS-
ING OR OTHER TRANSFER OF TITLE, THE TENANT GIVES NOTICE PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
(E) THE LIABILITY OF A RECEIVER FOR PAYMENT OF ANY SECURITY DEPOSIT
PLUS ACCRUED INTEREST PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO
THE AMOUNT OF SUCH DEPOSIT ACTUALLY TURNED OVER TO THEM OR IT PURSUANT
TO SUBDIVISION ONE OF SECTION 7-105 OF THIS TITLE AND TO THE OPERATING
INCOME IN EXCESS OF EXPENSES GENERATED DURING THEIR OR ITS PERIOD OF
RECEIVERSHIP.
S. 3006 32 A. 3006
10. ANY AGREEMENT BY A LESSEE OR TENANT OF A DWELLING WAIVING OR MODI-
FYING THEIR RIGHTS AS SET FORTH IN THIS SECTION SHALL BE ABSOLUTELY
VOID.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to any lease or rental agreement or
renewal of a lease or rental agreement entered into on or after such
date.
PART J
Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real
property actions and proceedings law, as amended by chapter 529 of the
laws of 2008, is amended to read as follows:
(b) In the case of a vacant dwelling, it is not sealed or continuously
guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed or
is continuously guarded by a person other than the owner, a mortgagee,
lienor or agent thereof, and [either] ANY of the following facts exists:
(i) A vacate order of the department or other governmental agency
currently prohibits occupancy of the dwelling; or
(ii) The tax on such premises has been due and unpaid for a period of
at least one year; or
(III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON-
ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY
OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE
DATE THAT THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY
OWNER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE
CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, SECTION
THREE HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A
PARTNERSHIP, SECTION THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND
RULES IF THE OWNER IS A LIMITED PARTNERSHIP, SECTION THREE HUNDRED ELEV-
EN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A CORPORATION, OR
SECTION THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF
THE OWNER IS A LIMITED LIABILITY COMPANY; OR
§ 2. This act shall take effect immediately.
PART K
Section 1. The real property tax law is amended by adding a new
section 457-a to read as follows:
§ 457-A. EXEMPTION FOR ELIGIBLE RESIDENTIAL PROPERTY TRANSFERRED TO A
LOW-INCOME HOUSEHOLD. 1. AS USED IN THIS SECTION:
(A) "NONPROFIT HOUSING ORGANIZATION" MEANS A NONPROFIT ORGANIZATION
EXEMPT FROM CERTAIN TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION
501(C)(4) OF THE UNITED STATES INTERNAL REVENUE CODE AND/OR THAT IS
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW WHOSE PRIMARY
PURPOSE IS THE CONSTRUCTION OR RENOVATION OF RESIDENTIAL AFFORDABLE
HOUSING FOR CONVEYANCE TO HOUSEHOLDS THAT MEET CERTAIN INCOME REQUIRE-
MENTS.
(B) "COMMUNITY LAND TRUST" MEANS A NONPROFIT ORGANIZATION EXEMPT FROM
CERTAIN TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION 501(C)(4) OF THE
UNITED STATE INTERNAL REVENUE CODE AND/OR THAT IS INCORPORATED UNDER THE
NOT-FOR-PROFIT CORPORATION LAW WHOSE PRIMARY PURPOSE IS TO PROVIDE
AFFORDABLE HOUSING BY OWNING LAND AND LEASING OR SELLING RESIDENTIAL
S. 3006 33 A. 3006
HOUSING SITUATED ON THAT LAND TO HOUSEHOLDS THAT MEET CERTAIN INCOME
REQUIREMENTS.
(C) "LAND BANK" MEANS AN ENTITY CREATED IN ACCORDANCE WITH ARTICLE
SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
(D) "QUALIFIED LOW-INCOME HOUSEHOLD" MEANS A HOUSEHOLD WITH AN INCOME
UPON INITIAL OCCUPANCY OF THE RESIDENTIAL PROPERTY OF NOT MORE THAN
EIGHTY PERCENT OF THE AREA MEDIAN INCOME, AS ANNUALLY DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND WHICH HAS
AGREED TO OCCUPY SUCH RESIDENTIAL PROPERTY AS A PRIMARY RESIDENCE. THE
NONPROFIT HOUSING ORGANIZATION, COMMUNITY LAND TRUST, LAND BANK, OR
APPROPRIATE GOVERNMENTAL ENTITY SHALL CERTIFY THAT A HOUSEHOLD MEETS THE
INCOME AND RESIDENCY CRITERIA TO BE CONSIDERED A QUALIFIED LOW-INCOME
HOUSEHOLD AND SHALL DETERMINE THE INCOME AND ASSETS THAT SHALL BE USED
TO DETERMINE A HOUSEHOLD'S INCOME FOR ELIGIBILITY PURPOSES.
2. (A) RESIDENTIAL REAL PROPERTY SUBJECT TO A RESTRICTIVE COVENANT OR
DECLARATION, LEGAL REQUIREMENT, REGULATORY AGREEMENT OR OTHER CONTRACTU-
AL OBLIGATION WITH A GOVERNMENTAL ENTITY, NONPROFIT HOUSING ORGANIZA-
TION, OR LAND BANK, AND TRANSFERRED TO A QUALIFIED LOW-INCOME HOUSEHOLD,
OR WHERE THE LAND IS TRANSFERRED TO A COMMUNITY LAND TRUST AND THE RESI-
DENTIAL BUILDING SITUATED ON THE LAND IS OR WILL BE LEASED OR SOLD TO A
QUALIFIED LOW-INCOME HOUSEHOLD, SHALL BE EXEMPT AS PROVIDED IN PARAGRAPH
(B) OF THIS SUBDIVISION FROM TAXATION LEVIED BY OR ON BEHALF OF ANY
COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT IN WHICH SUCH RESIDENTIAL
PROPERTY IS LOCATED, PROVIDED THE LEGISLATIVE BODY OR GOVERNING BOARD OF
SUCH COUNTY, CITY, TOWN OR VILLAGE, AFTER PUBLIC HEARING, ADOPTS A LOCAL
LAW, OR A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT TO WHICH ARTICLE
FIFTY-TWO OF THE EDUCATION LAW APPLIES, ADOPTS A RESOLUTION PROVIDING
THEREFOR.
(B) THE REAL PROPERTY TAX EXEMPTION SHALL BE AN AMOUNT THAT IS NOT
LESS THAN TWENTY-FIVE PERCENT NOR MORE THAN FIFTY PERCENT OF THE
ASSESSED VALUE OF THE PROPERTY AS PROVIDED IN LEGISLATION OR RESOLUTION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(C) A COPY OF ANY SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE
ASSESSOR OF SUCH COUNTY, CITY, TOWN, OR VILLAGE WHO PREPARES THE ASSESS-
MENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE, OR
SCHOOL DISTRICT ARE LEVIED.
3. (A) THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
TINUED IN ANY OF THE FOLLOWING CIRCUMSTANCES:
(I) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO THIS
SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES;
(II) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION CEASES TO BE USED AS A PRIMARY RESIDENCE; OR
(III) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION IS TRANSFERRED TO ANOTHER PERSON OR ENTITY, OTHER THAN TO
ANY HEIRS OR DISTRIBUTEES OF THE OWNER THAT MEET THE REQUIREMENTS OF
BEING A QUALIFIED LOW-INCOME HOUSEHOLD AT THE TIME OF SUCH TRANSFER.
(B) UPON DETERMINING THAT AN EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHOULD BE DISCONTINUED, THE ASSESSOR SHALL MAIL A NOTICE SO
STATING TO THE OWNER OR OWNERS THEREOF AT THE TIME AND IN THE MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF THIS CHAPTER. SUCH OWNER OR
OWNERS SHALL BE ENTITLED TO SEEK ADMINISTRATIVE AND JUDICIAL REVIEW OF
SUCH ACTION IN THE MANNER PROVIDED BY LAW, PROVIDED THAT THE BURDEN
SHALL BE ON SUCH OWNER OR OWNERS TO ESTABLISH ELIGIBILITY FOR THE
EXEMPTION.
4. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OR OWNERS OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE COMMISSION-
S. 3006 34 A. 3006
ER. THE APPLICATION SHALL BE FILED WITH THE ASSESSOR OF THE COUNTY,
CITY, TOWN, OR VILLAGE HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION
ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY, CITY,
TOWN, OR VILLAGE.
5. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION, AND
SUCH RESIDENTIAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE
REFERRED TO IN SUBDIVISION FOUR OF THIS SECTION. THE ASSESSED VALUE OF
ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART L
Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
housing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(a) Upon the consent of the local legislative body of any municipality
in which a project is or is to be located, the real property in a
project shall be exempt from local and municipal taxes, other than
assessments for local improvements, to the extent of all or part of the
value of the property included in such project which represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project at the time of its acquisition by
the limited-profit housing company, provided, however, that the real
property in a project acquired for purposes of rehabilitation shall be
exempt to the extent of all or part of the value of the property
included in such project, and further provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project except that for
projects located or to be located in a city of a population of one
million or more, [upon the consent of the local legislative body of the
municipality, the amount of such taxes to be paid may be set at not less
than (i) the taxes payable with respect to the real property in such
project with respect to the year nineteen hundred seventy-three, or,
(ii) if such project was not occupied in such year, not less than ten
per centum of the annual shelter rent or carrying charges first estab-
lished pursuant to subdivision one of section thirty-one of this arti-
cle] THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF
THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF A MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. Shelter rent shall mean the total rents received
from the occupants of a project less the cost of providing to the occu-
pants electricity, gas, heat and other utilities. Total rents shall
include rent supplements and subsidies received from the federal govern-
ment, the state or a municipality on behalf of such occupants[,] but
S. 3006 35 A. 3006
shall not include interest reduction payments pursuant to subdivision
(a) of section two hundred one of the Federal Housing and Urban Develop-
ment Act of nineteen hundred sixty-eight. The tax exemption shall oper-
ate and continue so long as the mortgage loans of the company, including
any additional mortgage loan the proceeds of which are used primarily
for the residential portion of the project, which additional loan is
approved by the commissioner or the supervising agency, are outstanding.
§ 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, the real property of a state urban development corporation
project acquired, owned, constructed, managed or operated by a company
incorporated pursuant to the not-for-profit corporation law and this
article shall be entitled to all the benefits provided by section four
hundred twenty-two of the real property tax law. The real property of a
state urban development corporation project, other than a state urban
development corporation project acquired, owned, constructed, managed or
operated by a company incorporated pursuant to the not-for-profit corpo-
ration law and this article, shall be exempt from all local and munici-
pal taxes, other than assessments for local improvements, to the extent
of the value of the property included in such project as represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project on the date of its acquisition by
the limited-profit housing company, provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project, as defined in para-
graph (a) hereof, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. The tax exemption shall operate and continue so
long as the mortgage loans of such limited profit housing company,
including any additional mortgage loan the proceeds of which are used
primarily for the residential portion of the project, which additional
loan is approved by the commissioner or the supervising agency, are
outstanding and the project is continued to be operated as a limited-
profit housing project. If a state urban development corporation project
qualifying for tax exemption pursuant to this paragraph is sold, with
the approval of the commissioner, to another limited-profit housing
company, such successor company shall be entitled to all the benefits of
this paragraph. In the event that such sale is to a company incorporated
pursuant to the not-for-profit corporation law and this article, such
successor company shall be entitled to all the benefits provided by
section four hundred twenty-two of the real property tax law.
§ 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 744 of the laws of 1977, is
amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, when a project is financed with a mortgage loan pursuant to
S. 3006 36 A. 3006
this article or article three of this chapter and (i) there is a partic-
ipation, new loan or investment pursuant to section twenty-three-b of
this article or (ii) such mortgage loan is assigned, modified or satis-
fied pursuant to section twenty-three-a or forty-four-b or subdivision
twenty-two-a of section six hundred fifty-four of this chapter, the real
property of the project shall be exempt from all local and municipal
taxes, other than assessments for local improvements, to the extent of
the value of the real property included in such project which represents
an increase over the assessed valuation of the real property, both land
and improvements, acquired for the project on the date of its original
acquisition for the project by the original mortgagor under a mortgage
loan pursuant to this article or article three of this chapter, provided
that the amount of taxes to be paid on the project shall not be less
than ten per centum of the annual shelter rent or carrying charges of
such project, as defined in paragraph (a) of this subdivision, EXCEPT
THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF
SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER
RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL
LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE
AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH
GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY
TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION
SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE CONSENT WAS GRANTED.
Such tax exemption shall commence in each instance from the date when
the project becomes subject to a mortgage insured by the federal govern-
ment and shall operate and continue so long as a mortgage on such
project is insured or held by the federal government or so long as the
project is thereafter owned by the federal government or so long as any
residual indebtedness is outstanding, whichever is longer. When there is
a participation, new loan or investment pursuant to section twenty-
three-b of this article, such participation, new loan or investment
shall be deemed to be the equivalent of a federally insured mortgage for
purposes of this paragraph. Nothing contained in this paragraph shall be
construed to limit or otherwise impair the benefits available to any
company eligible for exemption from taxation pursuant to section thir-
ty-one or section thirty-six-a of this article, section four hundred
twenty-two or section four hundred sixty-seven-c of the real property
tax law, or section fifty-eight of the public housing law. The foregoing
shall not be deemed to authorize any company to receive the benefits of
any exemption from taxation in contravention of the provisions of
section two of article eighteen of the constitution.
§ 4. Subdivision 4 of section 33 of the private housing finance law,
as amended by chapter 229 of the laws of 1989, is amended to read as
follows:
4. Notwithstanding the provisions of subdivision one hereof, when a
mutual company is organized under this article to facilitate the acqui-
sition of a building by residents thereof, the amount of local and
municipal taxes, other than assessments for local improvements, to be
paid on the real property included in such project, both land and
improvements, shall not exceed twenty per centum of the annual shelter
rent or carrying charges of such project, as defined in paragraph (a) of
subdivision one hereof; provided, however, that where such acquisition
of a building by residents thereof involves the financing of rehabili-
tation or other improvement as well as acquisition, upon the consent of
S. 3006 37 A. 3006
the local legislative body of the municipality in which the project is
located the amount of such taxes may be further reduced provided that
such amount shall not be less than ten per centum of the annual shelter
rent or carrying charges of the project, as defined in paragraph (a) of
subdivision one hereof; or the company may in lieu of requesting such
consent apply for the benefits of the local law, if any, enacted pursu-
ant to section four hundred eighty-nine of the real property tax law.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE
NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING
CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL LEGISLATIVE BODY
OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES MAY
BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS OF THE ANNUAL SHELTER RENT
OR CARRYING CHARGES OF THE PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE
THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORI-
ZATION IS NOT RENEWED, THE RATE OF TAXATION SHALL REVERT TO THE LEVEL
ESTABLISHED BEFORE THE CONSENT WAS GRANTED. Such tax exemption, if any,
granted pursuant to this article shall operate and continue so long as a
loan made under this article or any subsequent loan approved by the
commissioner or the supervising agency to enhance the residential
portion of the project and the project is continued to be operated for
the purposes set forth in this article is outstanding.
§ 5. This act shall take effect immediately.
PART M
Section 1. The section heading of section 485-r of the real property
tax law, as added by chapter 406 of the laws of 2015, is amended to read
as follows:
Residential redevelopment inhibited property exemption[; certain
cities].
§ 2. Subdivision 1 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015 and paragraph (f) as amended by
chapter 28 of the laws of 2016, is amended to read as follows:
1. As used in this section, the following terms shall have the follow-
ing meanings:
(a) "Redevelopment inhibited property" shall mean a residential prop-
erty that has been neglected or abandoned because of the local economic
conditions and/or conditions on the property that inhibit such property
from being redeveloped by the private sector AS DESCRIBED IN SUBDIVISION
THREE OF THIS SECTION. Redevelopment inhibited property shall not
include land that is undeveloped.
(b) "Gap financing costs" shall mean the total cost of the property's
redevelopment as approved by the city, TOWN, OR VILLAGE minus the
increase in the full valuation of the property upon completion of the
redevelopment.
(c) "Base assessment" shall mean the assessed value of the property on
the day the city, TOWN, OR VILLAGE designates the property as redevelop-
ment inhibited.
(d) "Increased assessment" shall mean the assessed value of the prop-
erty as determined by the assessor upon completion of the redevelopment.
(e) "Incremental increase in annual property taxes" shall mean the
taxes based on the increased assessment minus the taxes based on the
base assessment.
S. 3006 38 A. 3006
[(f) "City" shall mean a city with a population of not less than
fifteen thousand two hundred fifty and not more than fifteen thousand
five hundred as determined by the latest federal decennial census.]
§ 3. Subdivision 2 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
2. A city, TOWN, OR VILLAGE may, by local law, provide for the
exemption of real property from taxation as provided in this section.
Subsequent to the adoption of such local law, the county in which such
city, TOWN, OR VILLAGE is located may after a public hearing and by
local law, and any school district, all or part of which is located in
such city, TOWN, OR VILLAGE, may, by resolution, exempt such property
from its taxation in the same manner and to the same extent as the city,
TOWN, OR VILLAGE has done.
§ 4. Subdivision 3 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
3. A LOCAL LAW ADOPTED BY A city, TOWN, OR VILLAGE PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION shall designate any property within [the]
SUCH city, TOWN, OR VILLAGE'S boundaries as a redevelopment inhibited
property if one or more of the following are met:
(a) the city, TOWN, OR VILLAGE has acquired title to the property
pursuant to article nineteen-A of the real property actions and
proceedings law; or
(b) the property has been continuously vacant for a period of at least
three years; or
(c) the COUNTY, city, TOWN OR VILLAGE IN WHICH THE PROPERTY IS LOCATED
has acquired title to the property via foreclosure for unpaid taxes
pursuant to article eleven of this chapter; or
(d) the property has outstanding zoning, housing, or uniform code
violations and the cost of remedying the violations exceeds the proper-
ty's value.
§ 5. Subdivision 4 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
4. (a) Upon the adoption of such local law, redevelopment inhibited
property shall be exempt from taxation and special ad valorem levies to
the extent of any increase in value attributable to demolition, alter-
ation, rehabilitation, or remediation pursuant to the following require-
ments:
(i) the demolition, alterations, rehabilitation, and/or remediation
shall be permitted by the [city's] APPLICABLE bureau of inspection such
that building or plumbing permits issued and said demolition, alter-
ations, rehabilitation, and/or remediation shall have met all necessary
approvals per the applicable New York state uniform fire prevention and
building code, the [city's] APPLICABLE municipal code and the [city's]
APPLICABLE bureau of inspection upon completion; and
(ii) the property for which the exemption is sought shall be [an
owner-occupied one-family residence] A ONE TO FOUR-UNIT RESIDENCE AND
OCCUPIED AS THE PRIMARY RESIDENCE OF THE OWNER OR A TENANT; and
(iii) the owner of such property shall file annually an affidavit of
residency with the assessor of the city, TOWN, OR VILLAGE on or before
the appropriate taxable status date [of such city], confirming continued
[owner-occupancy] OCCUPANCY of the property BY THE OWNER OR A TENANT AS
THEIR PRIMARY RESIDENCE; and
(iv) the redevelopment inhibited property is exempt from taxation and
special ad valorem levies attributable to the increased assessment minus
the taxes and special ad valorem levies imposed on the base assessment.
Such exemption shall not apply to special assessments.
S. 3006 39 A. 3006
(b) In the event the property granted an exemption pursuant to this
section ceases to be [owner-]occupied AS THE PRIMARY RESIDENCE OF THE
OWNER OR TENANT and/or the affidavit of residency is not filed annually
for the approved exemption period, the exemption granted pursuant to
this section shall cease.
(c) In the event the property granted an exemption pursuant to this
section ceases to be a [one-family] ONE TO FOUR-UNIT dwelling, the
exemption granted pursuant to this section shall cease.
(d) In the event the owner of the property is convicted of a violation
or misdemeanor pursuant to New York state uniform fire prevention and
building code or the [city's] APPLICABLE municipal code, the exemption
granted pursuant to this section shall cease.
§ 6. Subdivision 6 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
6. (a) Such exemption shall be granted only upon application by the
owner of such building for the residential redevelopment inhibited prop-
erty exemption, on a form prescribed by the city, TOWN, OR VILLAGE. Such
application must be filed with the assessor of the city, TOWN, OR
VILLAGE on or before the appropriate taxable status date [of such city].
The application must be filed with the assessor of the city, TOWN, OR
VILLAGE within three years from the date of completing the demolition,
alterations, rehabilitation, and/or remediation.
(b) The owner filing for such exemption shall not be required to be
the owner responsible for completing the demolition, alterations, reha-
bilitation, and/or remediation.
(c) If the assessor is satisfied that the applicant is entitled to an
exemption pursuant to this section, [he or she] SUCH ASSESSOR shall
approve the application and such real property shall thereafter be
exempt from taxation and special ad valorem levies by the city, TOWN, OR
VILLAGE commencing with the assessment roll prepared after the taxable
status date referred to in this subdivision. The assessed value of any
exemption granted pursuant to this section shall be entered by the
assessor of the city, TOWN, OR VILLAGE on the assessment roll with the
taxable property, with the amount of the exemption shown in a separate
column.
(d) Once granted, the residential redevelopment inhibited property
exemption runs with the land for the exemption period pursuant to this
section.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.
PART N
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2026. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
actual excess balance in the special account of the mortgage insurance
S. 3006 40 A. 3006
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2024-2025 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, 2025.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural preservation program
contracts authorized by this section, a total sum not to exceed
$5,360,000, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2024-2025 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,
2025.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $23,455,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$23,455,000, 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 2024-2025 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
S. 3006 41 A. 3006
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2025.
§ 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 $56,381,000 for the fiscal year
ending March 31, 2026. 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 $56,381,000, 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 2024-2025 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, 2026.
§ 5. This act shall take effect immediately.
PART O
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part G of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2025]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART P
Section 1. The social services law is amended by adding a new section
390-n to read as follows:
§ 390-N. CHILD CARE SUPPORT CENTER; OPERATING CERTIFICATE REQUIRED. 1.
FOR PURPOSES OF THIS SECTION, "CHILD CARE SUPPORT CENTER" SHALL MEAN A
BUSINESS ENTITY THAT IS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES TO PLACE INDIVIDUALS AS SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS AS DEFINED IN SECTION THREE HUNDRED NINETY OF
THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE.
S. 3006 42 A. 3006
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE AUTHORIZED TO
CERTIFY, REGULATE, AND INSPECT CHILD CARE SUPPORT CENTERS. THE OFFICE OF
CHILDREN AND FAMILY SERVICES MAY, AT ITS DISCRETION, LIMIT THE NUMBER OF
OPERATING CERTIFICATES ISSUED.
3. NO ENTITY MAY PLACE SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS UNLESS IT POSSESSES A VALID OPERATING CERTIF-
ICATE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
4. PRIOR TO PLACING AN INDIVIDUAL AS A SUBSTITUTE CAREGIVER AT A CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME, OR
SCHOOL AGE CHILD CARE PROGRAM AS DEFINED IN SECTION THREE HUNDRED NINETY
OF THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE, A CHILD CARE
SUPPORT CENTER SHALL VERIFY THAT THE SUBSTITUTE CAREGIVER HAS MET THE:
(A) STANDARDS AND TRAINING REQUIREMENTS SET FORTH IN SECTION THREE
HUNDRED NINETY-A OF THIS TITLE FOR CHILD DAY CARE PROGRAM EMPLOYEES;
(B) CRIMINAL HISTORY REVIEW AND BACKGROUND CLEARANCE REQUIREMENTS OF
SECTION THREE HUNDRED NINETY-B OF THIS TITLE FOR PROSPECTIVE EMPLOYEES
OF A CHILD DAY CARE PROGRAM; AND
(C) ANY OTHER REQUIREMENTS ESTABLISHED BY THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
5. OPERATING CERTIFICATES ISSUED UNDER THIS SECTION SHALL REMAIN VALID
UNLESS SURRENDERED BY THE CHILD CARE SUPPORT CENTER OR REVOKED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES MAY REVOKE AN OPERATING CERTIFICATE AT ANY TIME UPON A
DETERMINATION THAT THE CHILD CARE SUPPORT CENTER HAS NOT OPERATED IN
ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW.
6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY AN APPLICA-
TION FOR CERTIFICATION OF A CHILD CARE SUPPORT CENTER IF THE APPLICANT
HAD AN OPERATING CERTIFICATE REVOKED WITHIN THE TWO YEARS PRIOR TO THE
DATE OF APPLICATION.
§ 2. Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
12. A CHILD CARE SUPPORT CENTER CERTIFIED PURSUANT TO SECTION THREE
HUNDRED NINETY-N OF THIS TITLE SHALL BE AUTHORIZED TO REQUEST CLEARANCES
FOR SUBSTITUTE CAREGIVERS IN ACCORDANCE WITH THIS SECTION. SUBSTITUTE
CAREGIVERS SHALL BE CONSIDERED "PROSPECTIVE EMPLOYEES" OF A CHILD DAY
CARE PROGRAM UNDER SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment, and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
PART Q
Section 1. Paragraph (e) of subdivision 5 of section 131-a of the
social services law, as added by chapter 1053 of the laws of 1981, is
amended and a new paragraph (f-1) is added to read as follows:
(e) [Provision] PROVISION of allowances as prescribed by regulations
of the department to meet the needs of a pregnant [woman, beginning with
the fourth month of pregnancy which has been medically verified.]
PERSON;
(F-1) A ONE-TIME BENEFIT TO PUBLIC ASSISTANCE RECIPIENTS UPON THE
BIRTH OF A NEW CHILD, AS PRESCRIBED BY REGULATIONS OF THE DEPARTMENT.
S. 3006 43 A. 3006
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART R
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 H of chapter 56 of the laws of 2024, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$181.00] $186.00 for each month beginning on or after
January first, two thousand [twenty-four] TWENTY-FIVE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$208.00] $213.00 for each month beginning on
or after January first, two thousand [twenty-four] TWENTY-FIVE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$249.00] $255.00 for each month
beginning on or after January first, two thousand [twenty-four] TWENTY-
FIVE.
(d) for the period commencing January first, two thousand [twenty-
five] TWENTY-SIX, 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-five] TWENTY-SIX, but prior to June thirtieth, two
thousand [twenty-five] TWENTY-SIX, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
H of chapter 56 of the laws of 2024, are amended to read as follows:
(a) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living alone, [$1,030.00]
$1,054.00; and for an eligible couple living alone, [$1,519.00]
$1,554.00.
(b) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living with others with or with-
out in-kind income, [$966.00] $990.00; and for an eligible couple living
with others with or without in-kind income, [$1,461.00] $1,496.00.
(c) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving family care,
[$1,209.48] $1,233.48 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,171.48] $1,195.48; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving residential care,
[$1,378.00] $1,402.00 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
S. 3006 44 A. 3006
ter or Rockland; and (ii) for an eligible couple receiving residential
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,348.00] $1,372.00; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving enhanced residen-
tial care, [$1,637.00] $1,661.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-five] TWENTY-
SIX but prior to June thirtieth, two thousand [twenty-five] TWENTY-SIX.
§ 3. This act shall take effect December 31, 2025.
PART S
Section 1. Section 4 of part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, as amended by section 1 of part T of chapter 56 of
the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
[2025] 2028.
§ 2. This act shall take effect immediately.
PART T
Section 1. Article 19-D of the labor law, as added by chapter 88 of
the laws of 2021, is amended to read as follows:
ARTICLE 19-D
MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
Section 696-a. Definitions.
[696-b. Certification to the commissioner.
696-c.] 696-B. Minimum wage rate for covered airport workers.
[696-d.] 696-C. Commissioner's powers of investigation.
[696-e.] 696-D. Records of employers.
[696-f.] 696-E. Penalties.
[696-g.] 696-F. Civil action.
[696-h.] 696-G. Regulations.
[696-i.] 696-H. Savings clause.
§ 696-a. Definitions. As used in this article: 1. "Covered airport
location" means John F. Kennedy International Airport and LaGuardia
Airport or any location used to perform [airline catering] work [as such
work is described in subparagraph (iv) of paragraph (a) of subdivision
two of this section] RELATED TO THE PREPARATION OR DELIVERY OF FOOD FOR
S. 3006 45 A. 3006
CONSUMPTION ON AIRPLANES DEPARTING FROM JOHN F. KENNEDY INTERNATIONAL
AIRPORT OR LAGUARDIA AIRPORT.
2. (a) "Covered airport worker" means any person employed to perform
work at a covered airport location [provided at least one-half of the
employee's time during any workweek is performed at a covered airport
location and who works in one of the following covered categories:
(i) Cleaning and related services, which shall mean:
(1) building cleaning, including warehouse, kitchen, and terminal
cleaning, including common areas, gateways, gates, lounges, clubs,
concession areas, terminal entryways from ramp and where planes park at
the gate, and other nearby facilities used for the preparation, packag-
ing, and storage of inflight meals and supplies; and
(2) aircraft and cabin cleaning, including lavatory and water disposal
and replenishment, lift truck driving and helping, dispatching, cleaning
crew driving, and sorting and packing of inflight materials, such as
blankets, pillows, and magazines;
(ii) Security related services, including catering security, escort-
ing, escort security, passenger aircraft security, fire guarding, termi-
nal security, baggage security, traffic security, cargo screening,
including guarding, warehouse security, concessions and airport lounge
security, security dispatch, and security at nearby facilities used for
the preparation, packaging, and storage of inflight meals; or
(iii) In terminal and passenger handling services, including baggage
handling, sky cap services, wheelchair attending, wheelchair dispatch-
ing, customer and passenger services, line queue, identification check-
ing, porter services for baggage, and passenger and employee shuttle
driving.
(iv) Airline catering, including work related to the preparation or
delivery of food or beverage for consumption on airplanes departing from
a covered airport location or related location; or
(v) Airport lounge services, including food and retail services].
(b) "Covered airport worker" shall not include [anyone who works in
one of the following non-covered categories:
(i) Non-cleaning and security related cargo and ramp services, includ-
ing ramp baggage and cargo handling, load control and ramp communi-
cation, aircraft mechanics and fueling of aircraft, provision of cool-
ing, heating, and power, passenger aircraft servicing, cabin equipment
maintenance, guiding aircraft in and out of gates, and gate side
aircraft maintenance;
(ii) Ramp and tarmac maintenance services, including operation of snow
plows, ramp cleaning vehicles, and tarmac sweepers;
(iii) Concession services, including food service, which includes food
and beverage service, wait service, and cashiers, and retail service,
which includes news, and gifts, and duty-free;
(c) "Covered airport worker" shall not include direct employees of the
Port Authority of New York and New Jersey, or any workers hired by
companies contracted by the Port Authority of New York and New Jersey,
that are performing work under such contract] PERSONS EMPLOYED IN AN
EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY AS DEFINED IN
SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR LABOR
STANDARDS ACT OF 1938 (29 U.S.C. S.213 ET SEQ.), OR PERSONS EMPLOYED BY
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY OR ANY OTHER GOVERNMENTAL
AGENCY.
[(d)] (C) "Covered airport worker" shall [include only:
S. 3006 46 A. 3006
(i) Employees employed at a covered airport location on December thir-
tieth, two thousand twenty and who are working an average of at least
thirty hours per week; and
(ii) Employees employed at a covered airport location on or after
January first, two thousand twenty-three and who are working for an
average of thirty hours per week.
(e) "Covered airport worker" shall also not include persons employed
in an executive, administrative, or professional capacity as defined in
subparagraph one of paragraph (a) of section thirteen of the Fair Labor
Standards Act of 1938] FOR ANY WEEK, NOT INCLUDE AN EMPLOYEE WORKING AT
A COVERED AIRPORT LOCATION DURING THAT WEEK, FOR LESS THAN THIRTY HOURS.
3. "Successor airport employer" means any [person who furnishes clean-
ing and related services, security related services, in terminal and
passenger handling services, airline catering, or airport lounge
services] EMPLOYER THAT EMPLOYS COVERED AIRPORT WORKERS WHO PROVIDE
SERVICES at a covered airport location that are substantially similar to
those that were provided by covered airport workers previously employed
by another employer at such covered airport location.
4. "Employer" means any person, corporation, limited liability compa-
ny, or association employing any individual in an occupation, industry,
trade, business or service. The term "employer" shall not include a
governmental agency.
5. [The "standard wage rate" means the greater of:
(a) any minimum wage rate that would be otherwise applicable to
covered airport workers established by article nineteen of this chapter;
or
(b) any otherwise applicable minimum wage rate established through a
policy of the Port Authority of New York and New Jersey] THE "APPLICABLE
STANDARD RATE" MEANS THE WAGE AND BENEFIT RATES DESIGNATED BY THE
COMMISSIONER BASED ON THE DETERMINATIONS MADE BY THE GENERAL SERVICES
ADMINISTRATION PURSUANT TO THE FEDERAL MCNAMARA-O'HARA SERVICE CONTRACT
ACT OF 1965 (41 U.S.C. 6701 ET SEQ.), FOR THE APPROPRIATE LOCALITIES AND
CLASSIFICATIONS OF BUILDING SERVICE EMPLOYEES; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL THE PREVAILING WAGE RATE APPLICABLE TO A COVERED
AIRPORT WORKER ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND
EVERY YEAR THEREAFTER BE LESS THAN THE FOLLOWING:
(A) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
REGULATION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
(B) AN AMOUNT OF SUPPLEMENTAL WAGES OR A SUPPLEMENTAL HEALTHCARE
CONTRIBUTION EQUAL TO THE RATE FOR HEALTH AND WELFARE FOR ALL OCCUPA-
TIONS, DESIGNATED BY THE COMMISSIONER BASED ON THE DETERMINATIONS MADE
BY THE FEDERAL DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA
SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET SEQ.) FOR THE GEOGRAPHIC
REGION IN WHICH THE COVERED AIRPORT LOCATION IS SITUATED AND IN EFFECT
ON THE DATE OF THE DESIGNATION BY THE COMMISSIONER; AND
(C) PAID LEAVE EQUAL TO THE PAID LEAVE REQUIREMENTS DESIGNATED BY THE
COMMISSIONER THE IMMEDIATELY PRECEDING JANUARY FIRST, BASED ON THE
DETERMINATIONS MADE BY THE GENERAL SERVICES ADMINISTRATION PURSUANT TO
THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET
SEQ.).
6. [The "standard benefits supplement rate" means an hourly supplement
of four dollars and fifty-four cents furnished to an employee by provid-
ing at least four dollars and fifty-four cents per hour toward the cost
of minimum essential coverage under an eligible employer-sponsored plan
as defined in treasury regulation section 1.5000A-2(c)(1) beginning on
July first, two thousand twenty-one. The standard benefits supplement
S. 3006 47 A. 3006
rate shall apply only to the first forty hours worked by each covered
airport worker in each week and shall not apply to any overtime hours
worked by any covered airport worker. The standard benefits supplement
rate shall apply to any paid leave taken by a covered airport worker
that does not exceed forty hours in a week] "COMMISSIONER" MEANS THE
COMMISSIONER OF LABOR OF THE STATE OF NEW YORK.
[7. The "applicable standard rate" shall mean a combination of (a) the
standard wage rate; and (b) the standard benefits supplemental rate.
§ 696-b. Certification to the commissioner. 1. No later than March
thirty-first, two thousand twenty-one, each employer of a covered
airport worker shall submit to the commissioner a sworn statement certi-
fying the total number of workers employed by such employer at a covered
airport location to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location on
December thirtieth, two thousand twenty, and identifying the number that
is equal to eighty percent of such total number of employees, which
shall be the December thirtieth, two thousand twenty benchmark for the
purposes of this section. Such statement shall further include an affir-
mation that such employer will ensure that the number of covered airport
workers it employs at a covered airport location between July first, two
thousand twenty-one and December thirty-first, two thousand twenty-two
is no less than the December thirtieth, two thousand twenty benchmark.
Such sworn statement shall be provided by the commissioner upon request
by any airport worker performing cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location or
any representative of such airport workers. Prior to employing any
airport workers to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location, any
successor airport employer shall obtain the applicable December thirti-
eth, two thousand twenty benchmark from the commissioner and submit to
the commissioner an affirmation that such employer will ensure that the
number of covered airport workers it employs at a covered airport
location between July first, two thousand twenty-one and December thir-
ty-first, two thousand twenty-two is no less than the December thirti-
eth, two thousand twenty benchmark.
2. Each employer of any covered airport worker employed at a covered
airport location on or after January first, two thousand twenty-three
shall submit to the commissioner, in a form and manner proscribed by the
commissioner, a sworn statement affirming that such employer will
ensure, where applicable, that the proportion of covered airport workers
in each classification it employs to work an average of at least thirty
hours per week at a covered airport location is the same as such propor-
tion was compared to all workers in the same classification working at
such covered airport location in the calendar year two thousand nineteen
workforce. The commissioner shall publish a list of all covered classi-
fications with the corresponding proportions of all workers employed to
work an average of at least thirty hours a week compared to all workers
in the same classification employed to work at each covered airport
location in the calendar year two thousand nineteen. The commissioner
shall be empowered to promulgate rules or regulations to determine the
method and accounting for such information and to verify its accuracy,
including the ability to establish a presumed proportion where records
are missing or unavailable and provided further that such full-time
S. 3006 48 A. 3006
levels shall be no less than such December thirtieth, two thousand twen-
ty benchmark. If such proportion is not maintained, consistent with such
rules or regulations promulgated by the commissioner, then the hours
worked by such part time workers, which are outside of such proportion,
shall be subject to the provisions of this section as if they worked an
average of at least thirty hours per week at a covered airport location
and were otherwise a covered airport worker.
3. Each employer of a covered airport worker employed at a covered
airport location on December thirtieth, two thousand twenty and who is
working an average of at least thirty hours per week shall provide such
covered airport worker the ability to begin or change enrollment in an
eligible employer-sponsored plan as defined in treasury regulation
section 1.5000A-2(c)(1) for coverage beginning on July first, two thou-
sand twenty-one.
4. Each employer of any other covered airport worker at a covered
airport location shall provide such covered airport worker the ability
to begin or change enrollment in an eligible employer-sponsored plan as
defined in treasury regulation section 1.5000A-2(c)(1) for coverage
beginning no later than thirty days after becoming a covered airport
worker.]
§ [696-c.] 696-B. Minimum wage rate for covered airport workers. All
[covered] employers AT A COVERED AIRPORT LOCATION shall ensure that
every covered airport worker is compensated at a rate that is no less
than the applicable standard rate. Nothing in this article shall alter
or limit any employer's obligation to pay any otherwise applicable
prevailing wage under article eight or nine of this chapter.
§ [696-d.] 696-C. Commissioner's powers of investigation. The commis-
sioner or [his or her] SUCH COMMISSIONER'S authorized representative
shall have the power to:
1. investigate the compensation of covered airport workers in the
state;
2. enter the place of business or employment of any employer for the
purpose of (a) examining and inspecting any and all books, registers,
payrolls, and other records that in any way relate to or have a bearing
upon the compensation provided to, or the hours worked by any employees,
and (b) ascertaining whether the provisions of this article and the
rules and regulations promulgated hereunder are being complied with; and
3. require from any employer full and correct statements and reports
in writing, at such times as the commissioner may deem necessary, of the
compensation provided to and the hours by such employer's employees.
§ [696-e.] 696-D. Records of employers. For every employee covered by
this article, every employer shall establish, maintain, and preserve for
not less than six years contemporaneous, true, and accurate payroll
records showing for each week worked the hours worked, the compensation
provided, plus such other information as the commissioner deems material
and necessary. For all covered airport workers who are not exempt from
overtime compensation as established in the commissioner's minimum wage
orders or otherwise provided by law, rule, or regulation, the payroll
records shall include the compensation provided and the regular hourly
rate or rates of pay, the overtime rate or rates of pay, the number of
regular hours worked, the number of overtime hours worked and the cost
of benefits and/or benefit supplements. On demand, the employer shall
furnish to the commissioner or [his or her] SUCH COMMISSIONER'S duly
authorized representative a sworn statement of the hours worked, rate or
rates of compensation, for each covered airport worker, plus such other
information as the commissioner deems material and necessary. Every
S. 3006 49 A. 3006
employer shall keep such records open to inspection by the commissioner
or [his or her] SUCH COMMISSIONER'S duly authorized representative at
any reasonable time. Every employer of a covered airport worker shall
keep a digest and summary of this article which shall be prepared by the
commissioner, posted in a conspicuous place in [his or her] THEIR estab-
lishment and shall also keep posted such additional copies of said
digest and summary as the commissioner prescribes. Employers shall, on
request, be furnished with copies of this article and of orders, and of
digests and summaries thereof, without charge. Employers shall permit
the commissioner or [his or her] SUCH COMMISSIONER'S duly authorized
representative to question without interference any employee of such
employer in a private location at the place of employment and during
working hours in respect to the wages paid to and the hours worked by
such employee or other employees.
§ [696-f.] 696-E. Penalties. 1. If the commissioner finds that any
employer has violated any provision of this article or of a rule or
regulation promulgated thereunder, the commissioner may, after an oppor-
tunity for a hearing, and by an order which shall describe particularly
the nature of the violation, assess the employer a civil penalty of not
more than ten thousand dollars for the first such violation within six
years, not more than twenty thousand dollars for a second violation
within six years and not more than fifty thousand dollars for a third or
subsequent violation within six years. Such penalty shall be paid to the
commissioner for deposit in the treasury of the state. In assessing the
amount of the penalty, the commissioner shall give due consideration to
the size of the employer's business, the good faith [of the employer]
BASIS OF THE EMPLOYER TO BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE WITH
THE LAW, the gravity of the violation, the history of previous
violations and the failure to comply with record-keeping or other
requirements.
2. Any order issued under subdivision one of this section shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless the employer files a petition with the indus-
trial board of appeals for a review of the order, pursuant to section
one hundred one of this chapter.
3. The civil penalty provided for in this section shall be in addition
to and may be imposed concurrently with any other remedy or penalty
provided for in this chapter.
4. Upon a showing by an employee organization, the commissioner may
investigate by examining payroll records whether an employer withheld
hours of work to employees for the purpose of reducing the employer's
obligations under this article. If, after the opportunity for a hearing,
the commissioner determines that an employer withheld hours of work to
employees for the purpose of reducing the employer's obligations under
this article, the commissioner may, in addition to any other penalty
available, also require that the employer pay the [standard benefits
supplement] APPLICABLE STANDARD rate to all of the employer's employees,
regardless of the number of hours worked by the employees.
§ [696-g.] 696-F. Civil action. 1. On behalf of any employee paid
less than the applicable standard rate to which the employee is entitled
under the provisions of this article, the commissioner may bring any
legal action necessary, including administrative action, to collect such
claim, and the employer shall be required to pay the full amount of the
underpayment, plus costs, and unless the employer proves a good faith
basis to believe that its underpayment was in compliance with the law,
an additional amount as liquidated damages. Liquidated damages shall be
S. 3006 50 A. 3006
calculated by the commissioner as no more than one hundred percent of
the total amount of underpayments found to be due the employee. In any
action brought by the commissioner in a court of competent jurisdiction,
liquidated damages shall be calculated as an amount equal to one hundred
percent of underpayments found to be due the employee.
2. Notwithstanding any other provision of law, an action to recover
upon a liability imposed by this article must be commenced within six
years. The statute of limitations shall be tolled from the date an
employee files a complaint with the commissioner or the commissioner
commences an investigation, whichever is earlier, until an order to
comply issued by the commissioner becomes final, or where the commis-
sioner does not issue an order, until the date on which the commissioner
notifies the complainant that the investigation has concluded.
3. In any civil action by the commissioner, the commissioner shall
have the right to collect attorneys' fees and costs incurred in enforc-
ing any court judgment. Any judgment or court order awarding remedies
under this section shall provide that if any amounts remain unpaid upon
the expiration of ninety days following issuance of judgment, or ninety
days after expiration of the time to appeal and no appeal therefrom is
then pending, whichever is later, the total amount of judgment shall
automatically increase by fifteen percent.
§ [696-h.] 696-G. Regulations. [1.] The commissioner may promulgate
such regulations as [he or she] SUCH COMMISSIONER deems appropriate to
carry out the purposes of this article and to safeguard minimum compen-
sation standards.
§ [696-i.] 696-H. Savings clause. 1. If any provision of this article
or the application thereof to any person, occupation or circumstance is
held invalid, the remainder of the article and the application of such
provision to other persons, employees, occupations, or circumstances
shall not be affected thereby.
2. If any clause, sentence, paragraph, subdivision, section or part of
this article 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 judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this article would have been enacted even if such invalid provisions had
not been included herein.
[3. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged, whether by final judgment, a tempo-
rary restraining order, or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law, then the "stand-
ard benefits supplement rate" defined in subdivision six of section six
hundred ninety-six-a of this article shall immediately mean the follow-
ing:
(a) An hourly supplement of four dollars and fifty-four cents
furnished to an employee by providing at least four dollars and fifty-
four cents per hour beginning on July first, two thousand twenty-one in
one of the following ways: (i) in the form of health and/or other bene-
fits, not including paid leave, that cost the employer the entire
required hourly supplemental amount; (ii) by providing a portion of the
required hourly supplement in the form of health and/or other benefits,
not including paid leave, and the balance in cash; or (iii) by providing
the entire supplement in cash.
S. 3006 51 A. 3006
(b) The value of such supplement shall be no less than four dollars
and fifty-four cents per hour.
(c) The standard benefits supplement rate shall apply only to the
first forty hours worked by each covered airport worker in each week and
shall not apply to any overtime hours worked by any covered airport
worker.
(d) The standard benefits supplement rate shall apply to any paid
leave taken by a covered airport worker that does not exceed forty hours
in a week.
4. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged by any preliminary relief, including a
temporary restraining order or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law but is later
adjudged by the same court not to be preempted by federal law in a final
judgment, then the definition of "standard benefits supplement rate"
shall immediately revert to the definition stated in subdivision six of
section six hundred ninety-six-a of this article.]
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART U
Section 1. Subdivision 1-a of section 198 of the labor law, as amended
by chapter 362 of the laws of 2015, is amended to read as follows:
1-a. On behalf of any employee paid less than the wage to which [he or
she is] THEY ARE entitled under the provisions of this article, the
commissioner may bring any legal action necessary, including administra-
tive action, to collect such claim and as part of such legal action, in
addition to any other remedies and penalties otherwise available under
this article, the commissioner shall assess against the employer the
full amount of any such underpayment, and an additional amount as liqui-
dated damages, unless the employer proves a good faith basis for believ-
ing that its underpayment of wages was in compliance with the law.
Liquidated damages shall be calculated by the commissioner as no more
than one hundred percent of the total amount of wages found to be due,
except such liquidated damages may be up to three hundred percent of the
total amount of the wages found to be due for a willful violation of
section one hundred ninety-four of this article. In any action insti-
tuted in the courts upon a wage claim by an employee or the commissioner
in which the employee prevails, the court shall allow such employee to
recover the full amount of any underpayment, all reasonable attorney's
fees, prejudgment interest as required under the civil practice law and
rules, and, unless the employer proves a good faith basis to believe
that its underpayment of wages was in compliance with the law, an addi-
tional amount as liquidated damages equal to one hundred percent of the
total amount of the wages found to be due, except such liquidated
damages may be up to three hundred percent of the total amount of the
wages found to be due for a willful violation of section one hundred
ninety-four of this article. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, LIQUIDATED DAMAGES SHALL NOT BE APPLICABLE TO VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE WHERE THE EMPLOYER PAID THE EMPLOYEE WAGES ON A REGULAR PAYDAY,
NO LESS FREQUENTLY THAN SEMI-MONTHLY. SUCH VIOLATIONS SHALL BE SUBJECT
TO DAMAGES AS FOLLOWS:
S. 3006 52 A. 3006
(I) NO MORE THAN ONE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE
DUE FOR THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST
RATE FOR EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST
THEN IN EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL
SERVICES PURSUANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR THE
EMPLOYER'S FIRST VIOLATION; OR
(II) THREE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE DUE FOR
THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST RATE FOR
EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST THEN IN
EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSU-
ANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR ANY EMPLOYER SUBJECT TO
A PREVIOUS FINDING AND ORDER FOR SUCH VIOLATION OF PARAGRAPH A OF SUBDI-
VISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR WHICH
NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS
CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL
HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE SAME WORK; OR
(III) FOR CONDUCT OCCURRING AFTER THE EFFECTIVE DATE OF THIS PARA-
GRAPH, LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT OF THE TOTAL
AMOUNT OF WAGES FOUND TO BE DUE IN VIOLATION OF PARAGRAPH A OF SUBDIVI-
SION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR ANY
EMPLOYER WHO, AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, HAS BEEN
SUBJECT TO TWO OR MORE PREVIOUS FINDINGS AND ORDERS FOR VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE FOR WHICH NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS
PROVIDED IN THIS CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH
PROCEEDING SHALL HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE
SAME WORK.
FOR PURPOSES OF THIS SUBDIVISION, AN ORDER SHALL MEAN A SINGLE FINAL
ORDER OR DETERMINATION MADE BY THE COMMISSIONER OR A COURT OF COMPETENT
JURISDICTION, REGARDLESS OF THE NUMBER OF EMPLOYEES OR THE TIME PERIOD
THAT WAS SUBJECT TO SUCH ORDER.
§ 2. This act shall take effect immediately and shall apply to causes
of action pending or commenced on or after such date.
PART V
Section 1. Subdivision 3 of section 218 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner, or the deci-
sion of the industrial board of appeals containing the amount found to
be due including the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
THE COMMISSIONER SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS
OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDI-
TIONALLY, AT the request of an employee, the commissioner shall assign,
without consideration or liability, that portion of the filed order that
constitutes wages, wage supplements, interest on wages or wage supple-
ments, or liquidated damages due that employee, to that employee and may
S. 3006 53 A. 3006
file an assignment or order in that amount in the name of that employee
with the county clerk of the county where the employer resides or has a
place of business. The filing of such assignment, order or decision
shall have the full force and effect of a judgment duly docketed in the
office of such clerk. The assignment[, order or decision] may be
enforced [by and in the name of the commissioner, or] by the employee[,]
in the same manner, and with like effect, as that prescribed by the
civil practice law and rules for the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE COMMISSIONER'S OFFICIAL SEAL,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 2. Subdivision 3 of section 219 of the labor law, as amended by
chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner or the decision
of the industrial board of appeals containing the amount found to be
S. 3006 54 A. 3006
due, including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
OF THE CIVIL PRACTICE LAW AND RULES, BUT THE COMMISSIONER SHALL BE ENTI-
TLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employ-
ee, the commissioner shall assign, without consideration or liability,
that portion of the filed order that constitutes wages, wage supple-
ments, interest on wages or wage supplements, or liquidated damages due
the employee, to that employee and may file an assignment or order in
that amount in the name of such employee with the county clerk of the
county where the employer resides or has a place of business. The filing
of such assignment, order or decision shall have the full force and
effect of a judgment duly docketed in the office of such clerk. The
assignment[, order or decision] may be enforced [by and in the name of
the commissioner, or] by the employee[,] in the same manner, and with
like effect, as that prescribed by the civil practice law and rules for
the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE OFFICIAL SEAL OF THE COMMISSIONER,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
S. 3006 55 A. 3006
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 3. This act shall take effect immediately.
PART W
Section 1. Subdivision 1 of section 141 of the labor law, as amended
by chapter 642 of the laws of 1991, is amended to read as follows:
1. A. If the commissioner finds that an employer has violated any
provision of this article or of a rule or regulation promulgated there-
under, the commissioner may by an order which shall describe particular-
ly the nature of the violation, assess the employer a civil penalty of
not more than [one] TEN thousand dollars for the first such violation,
AT LEAST TWO THOUSAND BUT not more than [two] THIRTY thousand dollars
for a second violation, and AT LEAST TEN THOUSAND BUT not more than
[three] SEVENTY-FIVE thousand dollars for a third or subsequent
violation. Such penalty shall be paid to the commissioner for deposit in
the treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith of the employer TO BELIEVE THAT ITS CONDUCT WAS
IN COMPLIANCE WITH THE LAW, the gravity of the violation, the history of
previous violations and the failure to comply with record-keeping or
other requirements, provided, however, that where such violation
involves illegal employment during which a minor is seriously injured or
dies, such penalty shall be [treble the maximum penalty allowable under
the law for such violation] AT LEAST THREE THOUSAND DOLLARS BUT NOT MORE
THAN THIRTY THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION, AT LEAST SIX
THOUSAND BUT NOT MORE THAN NINETY THOUSAND DOLLARS FOR THE SECOND
VIOLATION, AND AT LEAST THIRTY THOUSAND DOLLARS BUT NOT MORE THAN TWO
HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE THIRD OR SUBSEQUENT
VIOLATION. For the purposes of this subdivision, a minor shall be
deemed to be seriously injured if such injury results in a permanent
partial or permanent total disability as determined by the workers'
compensation board.
B. THE DEPARTMENT MAY, AT THE DISCRETION OF THE COMMISSIONER, REDUCE
THE PENALTY FOR A VIOLATION WHEN SUCH VIOLATION DOES NOT RISK THE SAFETY
OR HEALTH OF THE EMPLOYED MINOR. REDUCTION OF THE PENALTY MAY APPLY IF
AN EMPLOYER AGREES TO:
(1) MAKE IMMEDIATE PAYMENT OF REDUCED PENALTY;
(2) HAVE MANAGEMENT COMPLETE A CHILD LABOR COMPLIANCE TRAINING
PREPARED BY THE DEPARTMENT;
(3) PROVIDE ITS EMPLOYEES WITH CHILD LABOR RESOURCES AND INFORMATION
AS SPECIFIED AND DIRECTED BY THE DEPARTMENT;
(4) SUBMIT A CERTIFIED STATEMENT THAT THE EMPLOYER WILL ONLY HIRE,
EMPLOY OR OTHERWISE PERMIT MINORS TO WORK IN POSITIONS AS PERMITTED BY
LAW, RULE OR REGULATION;
(5) DEVELOP AND SUBMIT A PLAN TO PREVENT FUTURE CHILD LABOR LAW
VIOLATIONS; AND
(6) SUBMIT RECORDS OVER A SUBSEQUENT TWELVE MONTH PERIOD AS REQUIRED
BY THE DEPARTMENT TO PROPERLY DEMONSTRATE THAT NO ADDITIONAL VIOLATIONS
OF THE CHILD LABOR PROVISIONS HAVE OCCURRED.
§ 2. Section 145 of the labor law, as added by chapter 660 of the laws
of 2005, is amended to read as follows:
S. 3006 56 A. 3006
§ 145. Criminal penalties. Any person who knowingly violates any
provision of this article and any officer or agent of a corporation who
knowingly permits the corporation to violate any such provisions shall
be guilty of a [misdemeanor] FELONY, and upon conviction therefor shall
be punished by a fine of not more than [five hundred] ONE THOUSAND
dollars or imprisonment for not more than [sixty days] ONE YEAR or by
both such fine and imprisonment for a first offense, or by a fine of not
more than [five] TEN thousand dollars or imprisonment for not more than
[one year] TWO YEARS, or by both such fine and imprisonment for a second
or subsequent offense.
§ 3. The penal law is amended by adding a new section 125.10-a to read
as follows:
§ 125.10-A CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER.
A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER,
WHEN ACTING AS THE EMPLOYER OF A CHILD UNDER THE AGE OF EIGHTEEN YEARS
OLD, WITH CRIMINAL NEGLIGENCE, SUCH PERSON CAUSES THE DEATH OF THE CHILD
IN THE COURSE OF THE EMPLOYMENT. FOR THE PURPOSES OF THIS SECTION, THE
PHRASE "ACTING AS THE EMPLOYER OF A CHILD", SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSTANCES WHERE THE DEFENDANT HAS EMPLOYED A CHILD IN
VIOLATION OF SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE
HUNDRED THIRTY-TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW.
CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER IS A CLASS D FELONY.
§ 4. The penal law is amended by adding a new section 260.12 to read
as follows:
§ 260.12 ENDANGERING THE WELFARE OF A CHILD WORKER.
A PERSON IS GUILTY OF CRIMINALLY ENDANGERING THE WELFARE OF A CHILD
WORKER WHEN SUCH PERSON KNOWINGLY EMPLOYS A CHILD IN VIOLATION OF
SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-
TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW, AND IN THE COURSE OF
THAT EMPLOYMENT THE CHILD SUFFERS PHYSICAL INJURY, SERIOUS PHYSICAL
INJURY, OR DEATH.
ENDANGERING THE WELFARE OF A CHILD WORKER IS A CLASS E FELONY.
§ 5. This act shall take effect immediately.
PART X
Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
§ 2. The labor law is amended by adding a new section 135 to read as
follows:
§ 135. DATABASE FOR EMPLOYMENT OF MINORS; EMPLOYEE REGISTRATION; MINOR
EMPLOYMENT CERTIFICATES. 1. CREATION OF DATABASE. THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF EDUCATION, SHALL CREATE AND MAINTAIN
A DATABASE FOR THE EMPLOYMENT OF MINORS. ALL INFORMATION PERTAINING TO
ANY EMPLOYER OR MINOR THAT IS SUBMITTED TO THE DEPARTMENT UNDER THIS
SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE ACCESSIBLE TO THE PUBLIC.
NOTHING HEREIN SHALL PREVENT THE COMMISSIONER FROM SHARING SUCH INFORMA-
TION FOR CIVIL OR CRIMINAL LAW ENFORCEMENT PURPOSES.
2. EMPLOYER REGISTRATION AND RENEWAL PROCESS. ANY EMPLOYER REQUIRED TO
BE REGISTERED UNDER THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH THE
INFORMATION SET FORTH IN THIS SECTION, AS WELL AS ANY ADDITIONAL INFOR-
MATION THAT THE DEPARTMENT MAY REQUIRE, IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ALSO SET FEES FOR
EMPLOYER REGISTRATION AND ANY RENEWAL THAT MAY BE REQUIRED BY THE
DEPARTMENT UNDER THIS SECTION.
3. EMPLOYER INFORMATION. EVERY EMPLOYER THAT HIRES, EMPLOYS, OR OTHER-
WISE PERMITS ANY MINOR UNDER THE AGE OF EIGHTEEN TO WORK FOR THE EMPLOY-
S. 3006 57 A. 3006
ER WITHIN THE STATE SHALL REGISTER IN THE DATABASE, IN THE FORM AND
MANNER PRESCRIBED BY THE DEPARTMENT, THE FOLLOWING INFORMATION:
(A) THE NAME OF THE EMPLOYER;
(B) THE EMAIL ADDRESS OF THE EMPLOYER;
(C) ANY LOCATION OF THE EMPLOYER'S BUSINESS OPERATIONS WITHIN THE
STATE, INCLUDING ANY LOCATION WHERE A MINOR WILL BE WORKING;
(D) THE NUMBER AND NAMES OF MINORS WHO ARE HIRED, EMPLOYED, OR OTHER-
WISE PERMITTED TO WORK FOR THE EMPLOYER;
(E) A CERTIFIED STATEMENT FROM THE EMPLOYER THAT THE EMPLOYER IS
HIRING, EMPLOYING, OR OTHERWISE PERMITTING MINORS TO WORK ONLY IN POSI-
TIONS FOR THE EMPLOYER AS PERMITTED BY LAW, RULE, OR REGULATION IN ORDER
TO ENSURE THEIR HEALTH, SAFETY, AND WELL-BEING; AND
(F) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
4. EMPLOYER RECORDKEEPING. AN EMPLOYER THAT IS REQUIRED TO BE REGIS-
TERED UNDER THIS SECTION SHALL, BEFORE EMPLOYMENT BEGINS, FILE AT THE
PLACE OF THE MINOR'S EMPLOYMENT SUCH EMPLOYMENT CERTIFICATE OR PERMIT SO
THAT IT MAY BE READILY ACCESSIBLE TO ANY PERSON AUTHORIZED BY LAW TO
EXAMINE SUCH DOCUMENT. AN EMPLOYER'S ELECTRONIC ACCESS TO SUCH EMPLOY-
MENT CERTIFICATE OR PERMIT IN THE DATABASE SHALL MEET THE REQUIREMENTS
OF THIS SUBDIVISION.
5. MINOR REGISTRATION. ANY MINOR UNDER THE AGE OF EIGHTEEN WHO PLANS
TO WORK FOR AN EMPLOYER WITHIN THE STATE SHALL COMPLETE A REGISTRATION
IN THE DATABASE FOR ANY EMPLOYMENT CERTIFICATE OR PERMIT. ALL INFORMA-
TION PERTAINING TO THE MINOR SHALL BE CONFIDENTIAL AND SHALL NOT BE
ACCESSIBLE BY THE PUBLIC. IF THE MINOR PLANS TO WORK FOR A DIFFERENT
EMPLOYER, OR FOR AN EMPLOYER IN ADDITION TO THE EMPLOYER FOR WHICH THE
MINOR FIRST REGISTERED, THE MINOR SHALL UPDATE THE MINOR'S REGISTRATION.
THE MINOR SHALL BE REQUIRED TO SUBMIT DOCUMENTATION FOR REGISTRATION IN
THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
6. ISSUANCE OF EMPLOYMENT CERTIFICATE OR PERMIT. ANY EMPLOYMENT
CERTIFICATE OR PERMIT ISSUED PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE
OF THE EDUCATION LAW SHALL BE ISSUED ELECTRONICALLY WITHIN THE DATABASE.
ANY APPLICATION FOR AN EMPLOYMENT CERTIFICATE OR PERMIT THAT IS MADE
PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE
MADE BY A MINOR ON A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION
AND APPROVED BY THE DEPARTMENT.
7. REGULATIONS. THE COMMISSIONER MAY PRESCRIBE REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 3. Subdivision 3 of section 3215-a of the education law, as amended
by chapter 1017 of the laws of 1971, is amended to read as follows:
3. Approval of form and contents. The commissioner of education shall
prescribe or approve the form and contents of all certificates, permits,
physical examination records, and schooling records required by part one
of this article. The form of such certificates and permits shall also be
subject to the approval of the [industrial] commissioner OF LABOR. ANY
EMPLOYMENT CERTIFICATE OR PERMIT ISSUED PURSUANT TO THIS PART SHALL BE
ISSUED ELECTRONICALLY WITHIN THE DATABASE CREATED AND MAINTAINED BY THE
DEPARTMENT OF LABOR, IN CONSULTATION WITH THE DEPARTMENT, PURSUANT TO
SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
§ 4. This act shall take effect two years after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
PART Y
S. 3006 58 A. 3006
Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and paragraphs
(a), (b) and (c) of subdivision 2 of section 26 of the veterans'
services law are amended to read as follows:
(a) A parent, [identified in 10 USC 1126 as a gold star parent,]
SPOUSE, OR MINOR CHILD of a [veteran] SERVICE MEMBER who [heretofore has
died or a parent of a veteran dying hereafter] DIED WHILE ON ACTIVE
DUTY, shall upon application to the state commissioner, be paid an annu-
al annuity out of the treasury of the state for the sum of five hundred
dollars for such term as such parent, SPOUSE, OR MINOR CHILD shall be
entitled thereto under the provisions of this article. Commencing in the
year two thousand nineteen, the amount of any annuity payable under this
section shall be the same amount as the annuity payable in the preceding
year plus a percentage adjustment equal to the annual percentage
increase, if any, for compensation and pension benefits administered by
the United States Department of Veterans Affairs in the previous year.
Such percentage increase shall be rounded up to the next highest one-
tenth of one percent and shall not be less than one percent nor more
than four percent. The commissioner of veterans' services, not later
than February first of each year, shall publish by any reasonable means,
including but not limited to posting on the department's website, the
amount of the annuity as adjusted payable under this section. The term
"parent" for the purposes of this section includes mother, father, step-
mother, stepfather, mother through adoption and father through adoption.
THE TERM "SPOUSE" FOR THE PURPOSES OF THIS SECTION INCLUDES NON-REMAR-
RIED SPOUSES AND REMARRIED SPOUSES. THE TERM "MINOR CHILD" FOR THE
PURPOSES OF THIS SECTION INCLUDES MINOR BIOLOGICAL, STEP, OR ADOPTED
CHILDREN, THROUGH THE DAY BEFORE THE CHILD'S EIGHTEENTH BIRTHDAY.
(b) The entitlement of any parent, SPOUSE, OR MINOR CHILD to receive
the annuity provided by paragraph (a) of this subdivision shall termi-
nate upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S death
or upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S ceasing
to continue to be a resident of and domiciled in the state of New York,
but such entitlement may be reinstated upon application to the state
commissioner, if such parent, SPOUSE, OR MINOR CHILD shall thereafter
resume [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S residence
and domicile in the state.
(c) The effective date of an award of the annuity to a parent, SPOUSE,
OR MINOR CHILD shall be the day after the date of death of the veteran
if the application therefor is received within one year from date of
death. If the application is received after the expiration of the first
year following the date of the death of the veteran, the effective date
of an award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be
the date of receipt of the application by the state commissioner. If the
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
(a) Any gold star parent, SPOUSE, OR MINOR CHILD, who is the parent,
SPOUSE, OR MINOR CHILD of a deceased veteran, and who is a resident of
and domiciled in the state of New York, shall make application to the
department.
(b) No entitlement shall be paid under this section to or for a gold
star parent, SPOUSE, OR MINOR CHILD who is in prison in a federal,
state, or local penal institution as a result of conviction of a felony
or misdemeanor for any part of the period beginning sixty-one days after
S. 3006 59 A. 3006
[his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S imprisonment
begins and ending with [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR
CHILD'S release.
(c) Where one or more gold star parents OR MINOR CHILDREN are disqual-
ified for the annuity for a period under paragraph (b) of this subdivi-
sion, the state commissioner shall pay the shares of such disqualified
parents to the other parents OR MINOR CHILDREN, if they meet the quali-
fications on their own.
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 1 of section 297 of the executive law, as
amended by chapter 304 of the laws of 2021, is amended to read as
follows:
1. Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by [himself or herself] SUCH PERSON or [his or her] SUCH
PERSON'S attorney-at-law, make, sign and file with the division a
complaint in writing under oath or by declaration which shall state the
name and address of the person alleged to have committed the unlawful
discriminatory practice complained of and which shall set forth the
particulars thereof and contain such other information as may be
required by the division. THE DIVISION MAY DESIGNATE A REQUIRED FORM
AND PROCEDURES FOR MAKING, SIGNING, AND FILING SUCH COMPLAINT. The
commissioner of labor or the attorney general, or the executive director
of the justice center for the protection of people with special needs,
or the division on its own motion may, in like manner, make, sign and
file such complaint. In connection with the filing of such complaint,
the attorney general is authorized to take proof, issue subpoenas and
administer oaths in the manner provided in the civil practice law and
rules. Any employer whose employees, or some of them, refuse or threaten
to refuse to cooperate with the provisions of this article, may file
with the division a verified complaint asking for assistance by concil-
iation or other remedial action.
§ 2. Paragraph c of subdivision 3 of section 297 of the executive law,
as amended by chapter 166 of the laws of 2000, is amended to read as
follows:
c. If the division finds that noticing the complaint for hearing would
be undesirable, the division may, in its unreviewable discretion, at any
time prior to a hearing before a hearing examiner, dismiss the complaint
on the grounds of administrative convenience. [However, in cases of
housing discrimination only, an administrative convenience dismissal
will not be rendered without the consent of the complainant.] The divi-
sion may, subject to judicial review, dismiss the complaint on the
grounds of untimeliness if the complaint is untimely or on the grounds
that the election of remedies is annulled.
§ 3. The state finance law is amended by adding a new section 80-b to
read as follows:
§ 80-B. DISCRIMINATION COMPLAINTS ESCROW FUND. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRARY,
THERE IS HEREBY ESTABLISHED IN THE SOLE CUSTODY OF THE DIVISION OF HUMAN
RIGHTS COMMISSIONER A TRUST AND AGENCY FUND, TO BE KNOWN AS THE
"DISCRIMINATION COMPLAINTS ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT
FISCAL YEAR LIMITATION.
2. THE DISCRIMINATION COMPLAINTS ESCROW FUND SHALL CONSIST OF CONCIL-
IATION FUNDS, SETTLEMENT FUNDS, AND ANY OTHER MONETARY AWARDS THE DIVI-
S. 3006 60 A. 3006
SION OF HUMAN RIGHTS RECEIVES FROM DISCRIMINATION COMPLAINT RESPONDENTS
FOR THE SOLE PURPOSE OF COMPENSATING THE CORRESPONDING COMPLAINANTS.
3. THE DIVISION OF HUMAN RIGHTS COMMISSIONER, OR SUCH COMMISSIONER'S
DESIGNEE, SHALL ONLY EXPEND DISCRIMINATION COMPLAINTS ESCROW FUND MONIES
FOR THE PURPOSES OF COMPENSATING A COMPLAINANT WHOSE CONCILIATION,
SETTLEMENT, OR AWARD MONIES WERE DEPOSITED INTO THE ESCROW FUND.
§ 4. Section 295 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. TO MANAGE THE DISCRIMINATION COMPLAINTS ESCROW FUND, INCLUDING BUT
NOT LIMITED TO AUTHORIZING THE RECEIPT OF FUNDS AND PAYMENT OF MONIES IN
ACCORDANCE WITH SECTION EIGHTY-B OF THE STATE FINANCE LAW.
§ 5. This act shall take effect immediately; provided, however, that
sections three and four of this act shall take effect on the thirtieth
day after it shall have become a law.
PART AA
Section 1. On or before September 1, 2025, the commissioner of educa-
tion shall submit a report to the governor, the speaker of the assembly,
and the temporary president of the senate providing information regard-
ing usage, budgeting, staffing, assets, and functions of the New York
state museum in a form and manner as determined by the director of the
budget. Such report shall include but not be limited to the following
information:
1. Annual statistics for state fiscal years 2004-05 through 2024-25
for the following categories:
(a) visitorship by month;
(b) philanthropic donations, either monetary or in-kind;
(c) school student visitorship;
(d) marketing, advertising, and promotional expenditures;
(e) staffing levels and expenditures for each office of the museum;
(f) capital expenditures;
(g) museum revenue from sources other than state aid; and
(h) balance of total revenues and operating expenses;
2. A summary of current agreements with other cultural institutions
regarding loan or exchange of collections;
3. Current collections on display and length of time on display;
4. Current collections in possession of the museum but not on display;
5. New collections scheduled to go on display in the next five years;
6. A listing of special events, exhibitions, tours, limited or travel-
ing displays, and other events not included in information regarding
normal displayed collections over the prior five years;
7. A listing of any ancillary services provided at the museum, includ-
ing but not limited to food service, retail, or walking tours; and
8. Usage over the prior five years of the state museum collection by
federal agencies, New York state agencies, local governments, and other
governmental entities, whether for display or research purposes.
§ 2. On or before September 1, 2026 and annually thereafter, the
commissioner shall submit a report to the governor, the speaker of the
assembly, and the temporary president of the senate including updated
information from the prior state fiscal year supplementing the informa-
tion provided in the report required by section one of this act.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
S. 3006 61 A. 3006
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.
2025-A3006A - Details
- See Senate Version of this Bill:
- S3006
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-A3006A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year; relates to contracts for excellence; relates to calculation of state aid to school districts; relates to a statewide dual enrollment policy
2025-A3006A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3006--A A. 3006--A
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to contracts for excel-
lence; to amend the education law, in relation to foundation aid; to
amend the education law, in relation to the establishment of a state-
wide dual enrollment policy; to amend the education law, in relation
to allowable transportation expenses; to amend the education law, in
relation to universal pre-kindergarten and the Statewide universal
full-day pre-kindergarten program; to amend the education law, in
relation to state aid adjustments; to amend the education law, in
relation to the apportionment of moneys for school aid; to amend chap-
ter 756 of the laws of 1992 relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to reimbursement for the 2025-2026 school
year withholding a portion of employment preparation education aid and
in relation to the effectiveness thereof; to amend the education law,
in relation to maximum class sizes for special classes for certain
students with disabilities; to amend 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, in relation to the effectiveness thereof; providing for
special apportionment for salary expenses; providing for special
apportionment for public pension accruals; providing for set-asides
from the state funds which certain districts are receiving from the
total foundation aid; providing for support of public libraries; and
to repeal certain provisions of the education law relating to calcu-
lation of school aid (Part A); to amend the education law, in relation
to establishing a universal free school meals program; and to repeal
section 925 of the education law relating to the community eligibility
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-02-5
S. 3006--A 2 A. 3006--A
provision state subsidy (Part B); to amend the education law, in
relation to student use of internet-enabled devices during the school
day (Part C); to amend the education law in relation to scholarships
awarded to part-time students by the New York state higher education
services corporation; to amend the education law, in relation to
making conforming changes; to repeal section 666 of the education law,
relating to tuition awards for part-time undergraduate students; and
to repeal section 667-c-1 of the education law relating to the New
York state part-time scholarship award program (Part D); to amend the
education law, in relation to excelsior scholarship awarded to
students by the New York state higher education services corporation
(Part E); to amend the education law, in relation to creating a New
York opportunity promise scholarship (Part F); to amend the executive
law and the state finance law, in relation to discriminatory practices
by real estate appraisers and further fair housing compliance (Part
G); to amend the general business law, in relation to prohibiting
collusion through the use of algorithmic devices that enable landlords
to unfairly artificially inflate rents or hold units vacant (Part H);
to amend the general obligations law, in relation to extending exist-
ing security deposit protections to rent regulated tenants (Part I);
to amend the real property actions and proceedings law, in relation to
determining when a dwelling is abandoned (Part J); to amend the real
property tax law, in relation to a tax exemption for residential real
property transferred to a low-income household or community land trust
(Part K); to amend the private housing finance law, in relation to
reduction of taxes pursuant to shelter rent (Part L); to amend the
real property tax law, in relation to the applicability of the resi-
dential redevelopment inhibited property exemption to all localities
in the state (Part M); to utilize reserves in the mortgage insurance
fund for various housing purposes (Part N); to amend part N of chapter
56 of the laws of 2020, amending the social services law relating to
restructuring financing for residential school placements, in relation
to the effectiveness thereof (Part O); to amend the social services
law, in relation to certification of child care support centers to
place substitute caregivers in licensed and registered child care
programs (Part P); to amend the social services law, in relation to
improving maternal and infancy health by increasing public assistance
allowances to certain persons (Part Q); 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 R); to amend
part W of chapter 54 of the laws of 2016 amending the social services
law relating to the powers and duties of the commissioner of social
services relating to the appointment of a temporary operator, in
relation to the effectiveness thereof (Part S); to amend the labor
law, in relation to revising the healthy terminals act (Part T); to
amend the labor law, in relation to limiting liquidated damages in
certain frequency of pay violations (Part U); to amend the labor law,
in relation to civil penalties for violations of certain provisions
for the payment of wages (Part V); to amend the labor law and the
penal law, in relation to the civil and criminal penalties for
violations of child labor laws (Part W); to amend the labor law and
the education law, in relation to digitizing the process by which
minors apply for employment certificates or working papers; and to
repeal certain provisions of the labor law relating thereto (Part X);
to amend the veterans' services law, in relation to annuity to be paid
to parents, spouses, and minor children of service members who died
S. 3006--A 3 A. 3006--A
while on active duty (Part Y); to amend the executive law, in relation
to the requirements for filing a complaint with the division of human
rights; and to amend the state finance law, in relation to establish-
ing a discrimination complaints escrow fund (Part Z); and to require
the submission of an annual report on the New York state museum (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 2025-2026 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
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
2024, 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
S. 3006--A 4 A. 3006--A
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
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
S. 3006--A 5 A. 3006--A
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
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
S. 3006--A 6 A. 3006--A
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; provided, however, that, in a
city school district in a city having a population of one million or
more, notwithstanding the requirements of subparagraph (vi) of paragraph
a of subdivision two of this section, the contract for excellence shall
provide for the expenditure as set forth in subparagraph (v) of para-
graph a of subdivision two of this section. For purposes of this para-
graph, the "gap elimination adjustment percentage" shall be calculated
as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Paragraph p of subdivision 1 of section 3602 of the education law
is REPEALED.
§ 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
q of subdivision 1 of section 3602 of the education law, as amended by
section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
read as follows:
"Poverty count" shall mean the sum of the product of the [lunch]
ECONOMICALLY DISADVANTAGED STUDENT count multiplied by sixty-five
percent, plus the product of the [census] SAIPE count multiplied by
sixty-five percent, where:
(i) ["Lunch] "ECONOMICALLY DISADVANTAGED STUDENT count" shall mean the
product of the public school enrollment of the school district on the
date enrollment was counted in accordance with this subdivision for the
base year multiplied by the three-year average [free and reduced price
lunch percent] ECONOMICALLY DISADVANTAGED RATE; and
(ii) ["Census] "SAIPE count" shall mean the product of the public
school enrollment of the school district on the date enrollment was
counted in accordance with this subdivision for the base year multiplied
by the [census 2000 poverty] THREE-YEAR AVERAGE SMALL AREA INCOME AND
POVERTY ESTIMATE rate.
§ 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
of section 3602 of the education law are REPEALED.
§ 5. Paragraph kk of subdivision 1 of section 3602 of the education
law is REPEALED.
S. 3006--A 7 A. 3006--A
§ 6. Paragraph ll of subdivision 1 of section 3602 of the education
law, as added by section 11-a of part A of chapter 56 of the laws of
2021, is renumbered subparagraph (iv) of paragraph q of such subdivision
1 and is amended to read as follows:
(iv) (1) "Economically disadvantaged count" shall be equal to the
unduplicated count of all children registered to receive educational
services in grades kindergarten through twelve, including children in
ungraded programs who participate in, or whose family participates in,
economic assistance programs, such as the free or reduced-price lunch
programs, Social Security Insurance, Supplemental Nutrition Assistance
Program, Foster Care, Refugee Assistance (cash or medical assistance),
Earned Income Tax Credit (EITC), Home Energy Assistance Program (HEAP),
Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
rary Assistance for Needy Families (TANF).
(2) "Economically disadvantaged rate" shall mean the quotient arrived
at when dividing the economically disadvantaged count by public enroll-
ment as computed pursuant to subparagraph one of paragraph n of this
subdivision.
(3) "Three-year average economically disadvantaged rate" shall equal
the quotient of: (i) the sum of the economically disadvantaged count 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) the sum of
enrollment as computed pursuant to subparagraph one of paragraph n of
THIS subdivision [one of this section] 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, [computed] ROUNDED to four decimals [without rounding].
§ 7. Paragraph mm of subdivision 1 of section 3602 of the education
law is renumbered subparagraph (iii) of paragraph q of such subdivision
1 and is amended to read as follows:
(iii) "Three-year average small area income and poverty estimate rate"
shall equal the quotient of: (i) the sum of the number of persons aged
five to seventeen within the school district, based on the small area
income and poverty estimates produced by the United States census
bureau, whose families had incomes below the poverty level for the
calendar year prior to the year in which the base year began, plus such
number for the calendar year two years prior to the year in which the
base year began, plus such number for the calendar year three years
prior to the year in which the base year began; divided by (ii) the sum
of the total number of persons aged five to seventeen within the school
district, based on such census bureau estimates, for the year prior to
the year in which the base year began, plus such total number for the
year two years prior to the year in which the base year began, plus such
total number for the year three years prior to the year in which the
base year began, [computed] ROUNDED to four decimals [without rounding].
§ 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2008, is amended to read as follows:
(2) a value computed by subtracting from one the product obtained by
multiplying the combined wealth ratio by sixty-four hundredths, PROVIDED
HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR
TOTAL FOUNDATION AID, THE TIER TWO VALUE SHALL BE COMPUTED BY SUBTRACT-
ING FROM ONE THE PRODUCT OBTAINED WHEN MULTIPLYING THE COMBINED WEALTH
RATIO BY SIX HUNDRED TWENTY-EIGHT THOUSANDTHS (0.628) AND SUCH VALUES
S. 3006--A 8 A. 3006--A
SHALL BE COMPUTED USING THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID IN PLACE OF THE COMBINED WEALTH RATIO; or
§ 9. The closing paragraph of paragraph g of subdivision 3 of section
3602 of the education law, as amended by section 8 of part A of chapter
56 of the laws of 2024, is amended to read as follows:
Such result shall be expressed as a decimal carried to three places
without rounding, but shall not be greater than ninety hundredths nor
less than zero, provided, however, that for the purpose of computing the
state sharing ratio for total foundation aid in the two thousand twen-
ty-four--two thousand twenty-five school year[ and thereafter], such
result shall not be greater than ninety-one hundredths (0.91), AND THAT
FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDA-
TION AID IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-THREE
HUNDREDTHS (0.93).
§ 10. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph f to read as follows:
F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOU-
SAND TWENTY-SIX SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUNDA-
TION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 11. The education law is amended by adding a new section 319 to
read as follows:
§ 319. ESTABLISHMENT OF DUAL ENROLLMENT POLICY. 1. FOR PURPOSES OF
THIS SECTION:
(A) "DUAL ENROLLMENT" MEANS ANY PROGRAM THAT IS A PARTNERSHIP BETWEEN
AT LEAST ONE SCHOOL AND AT LEAST ONE INSTITUTION OF HIGHER EDUCATION
THAT PROVIDES HIGH SCHOOL STUDENTS WITH THE OPPORTUNITY TO ENROLL IN
COLLEGE COURSES AND EARN TRANSCRIPTED AND TRANSFERABLE COLLEGE CREDIT
FROM THE INSTITUTION(S) WHILE COMPLETING HIGH SCHOOL GRADUATION AND
DIPLOMA REQUIREMENTS. DUAL ENROLLMENT IS THE UMBRELLA UNDER WHICH EXIST-
ING PROGRAMS LIKE PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOLS
(P-TECH), SMART SCHOLARS, AND SMART TRANSFER FALL.
(B) "SCHOOL" MEANS A CHARTER SCHOOL, A SCHOOL DISTRICT, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
2. THE COMMISSIONER SHALL ADOPT A STATEWIDE POLICY OUTLINING THE DEFI-
NITION OF DUAL ENROLLMENT PROGRAMS AND GUIDELINES FOR PARTICIPATION AND
DATA REPORTING IN NEW YORK STATE.
3. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT SCHOOLS AND HIGHER EDUCATION INSTITUTIONS ANNUALLY
SUBMIT TO THE DEPARTMENT DATA DEMONSTRATING PARTICIPATION AND SUCCESS IN
DUAL ENROLLMENT PROGRAMS IN A FORM AND MANNER DETERMINED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. THE DEPARTMENT
SHALL ANNUALLY PUBLISH SUCH DATA ON ITS PUBLIC WEBSITE NO LATER THAN
JANUARY FIRST IN THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH THE
DATA IS APPLICABLE.
4. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT, BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, ALL
SCHOOLS PARTICIPATING IN A DUAL ENROLLMENT PROGRAM HAVE ON FILE WITH THE
DEPARTMENT A PARTNERSHIP AGREEMENT WITH THE INSTITUTION(S) OF HIGHER
EDUCATION WITH WHICH THEY ARE PARTNERED. SUCH PARTNERSHIP AGREEMENTS
SHALL ESTABLISH THE SCOPE AND TERMS OF THE DUAL ENROLLMENT PROGRAM, AS
WELL AS A PROTOCOL FOR COLLECTING, SHARING, AND REPORTING ANY DATA
REQUIRED BY THE COMMISSIONER PURSUANT TO THIS SECTION. PARTNERSHIP
S. 3006--A 9 A. 3006--A
AGREEMENTS SHALL BE CONSISTENT WITH THE POLICY ADOPTED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND SHALL CONTAIN
SUCH OTHER PROVISIONS AS MAY BE REQUIRED BY THE COMMISSIONER. THE PART-
NERSHIP AGREEMENTS SHALL BE UPDATED AND RESUBMITTED NO LESS THAN ONCE
EVERY FIVE YEARS. THE COMMISSIONER SHALL DEVELOP AND MAKE PUBLICLY
AVAILABLE THE REQUIRED PARTNERSHIP AGREEMENT FORM FOR SCHOOLS AND HIGHER
EDUCATION INSTITUTIONS NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMIS-
SIONER, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCEL-
LOR OF THE CITY UNIVERSITY OF NEW YORK, AND THE GOVERNOR SHALL JOINTLY
ESTABLISH DATA POINTS TO BE SUBMITTED PURSUANT TO THIS SECTION.
§ 12. Subdivision 4 of section 3627 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2024, 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 [and
thereafter] 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 THERE-
AFTER 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 AND 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 thousand thirteen
school year for transportation that would have been eligible for aid
pursuant to this section had this section been in effect in such school
year, except that subdivision six of this section shall be deemed not to
have been in effect. And provided further that the school district shall
continue to annually expend for the transportation described in subdivi-
S. 3006--A 10 A. 3006--A
sion one of this section at least the expenditures used for the base
amount.
§ 13. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 14 of part A of chapter 56 of the laws of
2024, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX 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.
§ 14. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 15 of part A of chapter 56 of the
laws of 2024, 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-four] TWENTY-FIVE--two thousand [twenty-five] TWENTY-
SIX school year equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 15. Subdivision 16 of section 3602-ee of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-five] TWENTY-SIX; provided that the program shall continue and
remain in full effect.
S. 3006--A 11 A. 3006--A
§ 16. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
S. 3006--A 12 A. 3006--A
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. It is
further provided that[, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget] FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEARS, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX STATE FISCAL YEAR AND ENTITLED "BT252-6", AND
FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIR-
TY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE
TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THER-
EAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT,
OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND
FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE
PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN
WHICH THE SCHOOL YEAR COMMENCES.
§ 17. The opening paragraph of section 3609-a of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-four--two thousand twenty-five
school year, "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in the school aid
computer listing for the current year produced by the commissioner in
support of the budget which includes the appropriation for the general
support for public schools for the prescribed payments and individual-
ized payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
S. 3006--A 13 A. 3006--A
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, or (ii) the apportionment calculated by the commissioner based on
data on file at the time the payment is processed; provided however,
that for the purposes of any payments made pursuant to this section
prior to the first business day of June of the current year, moneys
apportioned shall not include any aids payable pursuant to subdivisions
six and fourteen, if applicable, of section thirty-six hundred two of
this part as current year aid for debt service on bond anticipation
notes and/or bonds first issued in the current year or any aids payable
for full-day kindergarten for the current year pursuant to subdivision
nine of section thirty-six hundred two of this part. The definitions of
"base year" and "current year" as set forth in subdivision one of
section thirty-six hundred two of this part shall apply to this section.
[For aid payable in the two thousand twenty-four--two thousand twenty-
five school year, reference to such "school aid computer listing for the
current year" shall mean the printouts entitled "SA242-5".] FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, "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 EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
ATION 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 SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS
PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP-
TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION FIVE OF SECTION NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU-
ANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF
THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER
BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED
HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS
SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,
MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO
SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT252-6".
§ 18. 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
S. 3006--A 14 A. 3006--A
27 of part A of chapter 56 of the laws of 2024, 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, [and] 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 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
NINETEEN DOLLARS AND FIFTY CENTS PER CONTACT HOUR, and where a contact
hour represents sixty minutes of instruction services provided to an
eligible adult. Notwithstanding any other provision of law to the
contrary, for the 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); for the 2021--2022 school year such
contact hours shall not exceed one million four hundred sixteen thousand
one hundred twenty-two (1,416,122); 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 thou-
sand nine hundred seventy-five (1,342,975); [and] 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 FOURTEEN THOUSAND ONE HUNDRED NINE (1,014,109). 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 subdi-
vision 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.
§ 19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion dd to read as follows:
S. 3006--A 15 A. 3006--A
DD. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2025--2026 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 ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
§ 20. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2025] 2026.
§ 21. Subdivision 6 of section 4402 of the education law, as amended
by section 25 of part A of chapter 56 of the laws of 2024, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-five] TWENTY-SIX, 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.
S. 3006--A 16 A. 3006--A
§ 22. 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 26 of part A of chapter 56 of the laws
of 2024, 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,
[2025] 2026 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, [2025] 2026;
§ 23. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2026 and not later than the last day of the third full
business week of June 2026, 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, 2026, for salary expenses incurred between April 1 and
June 30, 2025 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
S. 3006--A 17 A. 3006--A
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. 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, 2026, 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, 2026 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
S. 3006--A 18 A. 3006--A
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.
§ 25. 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 2025--2026 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
S. 3006--A 19 A. 3006--A
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 2025--2026 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
2025--2026 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 2025--2026 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 26. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2025 enacting
the aid to localities budget shall be apportioned for the 2025--2026
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 2025--2026
by a chapter of the laws of 2025 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
S. 3006--A 20 A. 3006--A
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 27. 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.
§ 28. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025, provided,
however, that:
1. Sections one, two, three, four, five, six, seven, eight, nine, ten,
twelve, thirteen, fourteen, fifteen, seventeen, twenty-one and twenty-
five of this act shall take effect July 1, 2025; and
2. The amendments to chapter 756 of the laws of 1992 made by sections
eighteen and nineteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 915-a
to read as follows:
§ 915-A. UNIVERSAL FREE SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE
ALL SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE
STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
AND LUNCH AT NO COST TO THE STUDENT. SCHOOL DISTRICTS, CHARTER SCHOOLS
AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL
BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL COMMU-
NITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE
NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT THAT, IN
THE OPINION OF THE DEPARTMENT, MAXIMIZES FEDERAL FUNDING FOR MEALS
SERVED IN SUCH PROGRAMS. PROVIDED THAT SCHOOL FOOD AUTHORITIES THAT DO
NOT QUALIFY AS A SINGLE ENTITY TO PARTICIPATE IN THE COMMUNITY ELIGIBIL-
ITY PROVISION SHALL BE REQUIRED TO GROUP SCHOOLS WITHIN THE SCHOOL FOOD
AUTHORITY, TO THE EXTENT POSSIBLE, FOR PURPOSES OF MAXIMIZING PARTIC-
IPATION IN THE COMMUNITY ELIGIBILITY PROVISION, AND PROVIDED FURTHER
THAT SCHOOL FOOD AUTHORITIES SHALL REAPPLY ANNUALLY FOR THE COMMUNITY
ELIGIBILITY PROVISION PROGRAM IN THE EVENT THAT DOING SO WOULD RESULT IN
A HIGHER PERCENTAGE OF MEALS BEING REIMBURSED AT THE FEDERAL REIMBURSE-
MENT RATE FOR A FREE MEAL.
2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, FOR EACH BREAKFAST AND
LUNCH MEAL SERVED, THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD
AUTHORITY THE DIFFERENCE BETWEEN (A) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A REDUCED-PRICE OR PAID MEAL, RESPECTIVELY, FOR
THE CURRENT SCHOOL YEAR AND (B) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED
THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL EQUAL THE
S. 3006--A 21 A. 3006--A
COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE
CURRENT SCHOOL YEAR.
3. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, SHALL PROMULGATE ANY RULE OR REGULATION NEEDED
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN
PARENTAL RELATION TO A STUDENT BY PROVIDING EITHER APPLICATION ASSIST-
ANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED TO THE
DEPARTMENT BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO MAXI-
MIZE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE SCHOOL MEALS.
4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
ASSIST SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE
TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPER-
ATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:
(A) ASSISTING SCHOOL FOOD AUTHORITIES WITH ONE OR MORE SCHOOLS QUALI-
FYING FOR THE COMMUNITY ELIGIBILITY PROVISION IN MEETING ANY STATE AND
FEDERAL REQUIREMENTS NECESSARY IN ORDER TO MAXIMIZE REIMBURSEMENT
THROUGH THE COMMUNITY ELIGIBILITY PROVISION, INCLUDING ASSISTING SUCH
SCHOOL FOOD AUTHORITIES IN MAXIMIZING PARTICIPATION IN THE COMMUNITY
ELIGIBILITY PROVISION.
(B) IF A SCHOOL FOOD AUTHORITY IS INELIGIBLE TO PARTICIPATE IN AND
RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION,
ASSISTING THE SCHOOL FOOD AUTHORITY IN ACHIEVING AND MAXIMIZING ELIGI-
BILITY AND, IF THAT IS NOT FEASIBLE, ASSISTING THE SCHOOL FOOD AUTHORITY
IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL
FEDERAL PROVISIONS AVAILABLE TO SCHOOLS TO MAXIMIZE FEDERAL REIMBURSE-
MENT.
5. SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS SHALL
MAXIMIZE THE NUMBER OF STUDENTS ELIGIBLE FOR FREE MEALS BY CONDUCTING
THE DIRECT CERTIFICATION MATCHING PROCESS AT A MINIMUM OF THREE TIMES
PER YEAR, DESIGNATING CHILDREN AS "OTHER SOURCE CATEGORICALLY ELIGIBLE",
AS DEFINED BY FEDERAL REGULATIONS, OR, FOR SCHOOLS NOT PARTICIPATING IN
THE COMMUNITY ELIGIBILITY PROVISION OR PROVISION 2, BY ANNUALLY COLLECT-
ING THE FREE AND REDUCED-PRICE MEAL APPLICATION.
§ 2. Section 925 of the education law is REPEALED.
§ 3. This act shall take effect July 1, 2025.
PART C
Section 1. The education law is amended by adding a new section 2803
to read as follows:
§ 2803. USE OF INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY. 1. FOR
PURPOSES OF THIS SECTION:
(A) "INTERNET-ENABLED DEVICES" SHALL MEAN AND INCLUDE ANY SMARTPHONE,
TABLET, SMARTWATCH, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE INTER-
NET AND ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET, INCLUDING
SOCIAL MEDIA APPLICATIONS; PROVIDED, HOWEVER, THAT "INTERNET-ENABLED
DEVICES" SHALL NOT INCLUDE:
(I) NON-INTERNET-ENABLED DEVICES SUCH AS CELLULAR PHONES OR OTHER
COMMUNICATION DEVICES NOT CAPABLE OF CONNECTING TO THE INTERNET OR
ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET; OR
(II) INTERNET-ENABLED DEVICES SUPPLIED BY THE SCHOOL DISTRICT, CHARTER
SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES THAT ARE USED FOR
AN EDUCATIONAL PURPOSE.
S. 3006--A 22 A. 3006--A
(B) "SCHOOL DAY" SHALL MEAN THE ENTIRETY OF EVERY INSTRUCTIONAL DAY AS
REQUIRED BY SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
CHAPTER DURING ALL INSTRUCTIONAL TIME AND NON-INSTRUCTIONAL TIME,
INCLUDING BUT NOT LIMITED TO HOMEROOM PERIODS, LUNCH, RECESS, STUDY
HALLS, AND PASSING TIME.
(C) "SCHOOL GROUNDS" SHALL MEAN IN OR ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF A DISTRICT ELEMENTARY, INTERMEDIATE,
JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, A CHARTER SCHOOL, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FACILITY.
2. NOTWITHSTANDING PARAGRAPH B OF SUBDIVISION ONE OF SECTION 2854 OF
OF THIS CHAPTER, EACH SCHOOL DISTRICT, CHARTER SCHOOL, AND BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL ADOPT A WRITTEN POLICY PROHIBIT-
ING THE USE OF INTERNET-ENABLED DEVICES BY STUDENTS DURING THE SCHOOL
DAY ANYWHERE ON SCHOOL GROUNDS.
3. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR PARENTS AND GUARDIANS
OF STUDENTS TO CONTACT STUDENTS DURING THE SCHOOL DAY AND PROVIDE FOR
WRITTEN NOTIFICATION OF PARENTS AND GUARDIANS OF THESE METHODS AT THE
BEGINNING OF EACH SCHOOL YEAR.
4. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR ON-SITE STORAGE WHERE
STUDENTS MAY STORE THEIR INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY,
WHICH MAY INCLUDE STUDENT LOCKERS.
5. (A) THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION MAY AUTHORIZE STUDENT USE OF AN INTERNET-ENABLED DEVICE
DURING THE SCHOOL DAY ON SCHOOL GROUNDS:
(I) IF AUTHORIZED BY A TEACHER, PRINCIPAL, OR THE SCHOOL DISTRICT,
CHARTER SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR A
SPECIFIC EDUCATIONAL PURPOSE;
(II) WHERE NECESSARY FOR THE MANAGEMENT OF A STUDENT'S HEALTHCARE;
(III) IN THE EVENT OF AN EMERGENCY;
(IV) FOR TRANSLATION SERVICES; OR
(V) WHERE REQUIRED BY LAW.
(B) THE POLICY MAY NOT PROHIBIT A STUDENT'S USE OF AN INTERNET-ENABLED
DEVICE WHERE SUCH USE IS INCLUDED IN THE STUDENT'S:
(I) INDIVIDUALIZED EDUCATION PROGRAM; OR
(II) PLAN DEVELOPED PURSUANT TO SECTION FIVE HUNDRED FOUR OF THE
FEDERAL REHABILITATION ACT OF 1973, 29 U.S.C. 794.
6. NO LATER THAN AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
DISTRICT, CHARTER SCHOOL, AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL ADOPT AND PUBLISH IN A CLEARLY VISIBLE AND ACCESSIBLE LOCATION ON
ITS WEBSITE THE INTERNET-ENABLED DEVICE POLICY ESTABLISHED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION. TRANSLATION OF SUCH POLICY INTO ANY OF
THE TWELVE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH
PROFICIENT INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST
RECENT AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS
BUREAU, SHALL BE PROVIDED UPON REQUEST.
7. NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND EACH
SEPTEMBER FIRST THEREAFTER, EACH SCHOOL DISTRICT, CHARTER SCHOOL, AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PUBLISH AN ANNUAL REPORT
ON ITS WEBSITE DETAILING ENFORCEMENT OF THE POLICY WITHIN THE DISTRICT,
CHARTER SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE
PRIOR SCHOOL YEAR, INCLUDING NON-IDENTIFIABLE DEMOGRAPHIC DATA OF
STUDENTS WHO HAVE FACED DISCIPLINARY ACTION FOR NON-COMPLIANCE AND ANAL-
YSIS OF ANY DEMOGRAPHIC DISPARITIES IN ENFORCEMENT OF THE POLICY. IF A
S. 3006--A 23 A. 3006--A
STATISTICALLY SIGNIFICANT DISPARATE ENFORCEMENT IMPACT IS IDENTIFIED,
SUCH REPORT SHALL INCLUDE A MITIGATION ACTION PLAN.
§ 2. This act shall take effect immediately.
PART D
Section 1. Section 666 of the education law is REPEALED.
§ 2. Paragraph a of subdivision 2 of section 667-c of the education
law, as amended by section 1 of part E of chapter 56 of the laws of
2022, is amended to read as follows:
a. for students defined in paragraph a of subdivision one of this
section, a part-time student is one who: (i) IS enrolled [as a first-
time freshman during the two thousand six--two thousand seven academic
year or thereafter] at a college or university within the state univer-
sity, including a statutory or contract college, a community college
established pursuant to article one hundred twenty-six of this chapter,
the city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
(ii) is enrolled for at least [six] THREE but less than twelve semes-
ter hours, or the equivalent, per semester in an approved undergraduate
degree program; and
(iii) has a cumulative grade-point average of at least 2.00.
§ 3. Section 667-c-1 of the education law is REPEALED.
§ 4. Paragraph c of subdivision 5 of section 610 of the education law,
as added by chapter 425 of the laws of 1988, is amended to read as
follows:
c. Any semester, quarter or term of attendance during which a student
receives an award for part-time study pursuant to this section shall be
counted as one-half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility for tuition assistance awards
pursuant to [sections six hundred sixty-six and] SECTION six hundred
sixty-seven of this chapter.
§ 5. Subdivision 2 of section 667 of the education law, as amended by
chapter 376 of the laws of 2019, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. An
undergraduate 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 [his or her] THE 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. Any semester, quarter, or term of attendance during which
a student receives any award under this article, after the effective
date of the former scholar incentive program and prior to academic year
nineteen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
S. 3006--A 24 A. 3006--A
which a student received an award pursuant to section six hundred
sixty-six of this subpart shall be counted as one-half of a semester,
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
sixty-seven-a of this subpart shall not be counted toward the maximum
term of eligibility under this section.
§ 6. This act shall take effect immediately and shall apply to academ-
ic years 2025-2026 and thereafter.
PART E
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted [beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter] to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
[five thousand five hundred dollars or] actual tuition[, whichever is
less]; provided, however, (a) a student who receives educational grants
and/or scholarships that cover the student's full cost of attendance
shall not be eligible for an award under this program; and (b) an award
under this program shall be applied to tuition after the application of
payments received under the tuition assistance program pursuant to
section six hundred sixty-seven of this subpart, tuition credits pursu-
ant to section six hundred eighty-nine-a of this article, federal Pell
grant pursuant to section one thousand seventy of title twenty of the
United States code, et seq., and any other program that covers the cost
of attendance unless exclusively for non-tuition expenses, and the award
under this program shall be reduced in the amount equal to such
payments, provided that the combined benefits do not exceed [five thou-
sand five hundred dollars. Upon notification of an award under this
program, the institution shall defer the amount of tuition. Notwith-
standing paragraph h of subdivision two of section three hundred fifty-
five and paragraph (a) of subdivision seven of section six thousand two
hundred six of this chapter, and any other law, rule or regulation to
the contrary,] the RESIDENT undergraduate tuition charged by [the insti-
tution to recipients of an award shall not exceed the tuition rate
established by the institution for the two thousand sixteen--two thou-
sand seventeen academic year provided, however, that in the two thousand
twenty-two--two thousand twenty-three academic year and every year ther-
eafter, the undergraduate tuition charged by the institution to recipi-
ents of an award shall be reset to equal the tuition rate established by
the institution for the forthcoming academic year, provided further that
the tuition credit calculated pursuant to section six hundred eighty-
nine-a of this article shall be applied toward the tuition rate charged
for recipients of an award under this program. Provided further that]
the state university of New York [and the city university of New York
shall provide an additional tuition credit to students receiving an
award to cover the remaining cost of tuition].
§ 2. This act shall take effect immediately and shall be applicable to
academic years 2025-2026 and thereafter.
PART F
S. 3006--A 25 A. 3006--A
Section 1. The education law is amended by adding a new section 6311
to read as follows:
§ 6311. NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP. 1. ELIGIBILITY. A
NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP SHALL BE AWARDED TO AN APPLI-
CANT WHO MEETS ALL OF THE FOLLOWING CONDITIONS:
(A) IS AT LEAST TWENTY-FIVE YEARS OF AGE OR OLDER, BUT IN NO CASE MORE
THAN FIFTY-FIVE YEARS OF AGE, AS OF JANUARY FIRST OF THE CALENDAR YEAR
FOR THE SEMESTER FOR WHICH THE APPLICANT MAKES INITIAL APPLICATION;
(B) HAS APPLIED FOR A NEW YORK STATE TUITION ASSISTANCE PROGRAM AWARD
PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER, A FEDERAL
PELL GRANT PURSUANT TO SECTION 1070 OF TITLE 20 OF THE UNITED STATES
CODE, ET. SEQ., AND ANY OTHER APPLICABLE FINANCIAL AID;
(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, IN AN
APPROVED PROGRAM DIRECTLY LEADING TO AN ASSOCIATE'S DEGREE IN A HIGH-DE-
MAND FIELD; PROVIDED THAT FOR THE TWO THOUSAND TWENTY-FIVE -- TWO THOU-
SAND TWENTY-SIX ACADEMIC YEAR, SUCH FIELDS SHALL INCLUDE BUT NOT BE
LIMITED TO ADVANCED MANUFACTURING, TECHNOLOGY, CYBERSECURITY, ENGINEER-
ING, ARTIFICIAL 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, AND
PROVIDED FURTHER THAT THE ELIGIBILITY OF SUCH APPROVED PROGRAM ESTAB-
LISHED 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;
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.
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, 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.
3. ADDITIONAL PROVISIONS. AN ELIGIBLE RECIPIENT SHALL COMPLETE AT
LEAST SIX CREDITS PER SEMESTER, FOR A TOTAL OF AT LEAST TWELVE CREDITS
PER ACADEMIC YEAR, IN AN APPROVED PROGRAM OF STUDY. AN ELIGIBLE RECIPI-
ENT SHALL BE CONTINUOUSLY ENROLLED WITHOUT A GAP OF MORE THAN ONE
ACADEMIC YEAR, PROVIDED THAT SUCH DURATION MAY BE EXTENDED FOR AN ALLOW-
ABLE INTERRUPTION OF STUDY INCLUDING, BUT NOT LIMITED TO, DEATH OF A
S. 3006--A 26 A. 3006--A
FAMILY MEMBER, MEDICAL LEAVE, MILITARY SERVICE, AND PARENTAL LEAVE.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, IF AN APPLI-
CANT FAILS TO MEET THE ELIGIBILITY CRITERIA OF THIS SECTION AT ANY
POINT, NO FURTHER AWARDS SHALL BE MADE TO THE APPLICANT.
4. CONDITIONS. (A) AN ELIGIBLE RECIPIENT SHALL CONTINUE TO MAKE SATIS-
FACTORY ACADEMIC PROGRESS IN ORDER TO MAINTAIN CONTINUED ELIGIBILITY FOR
AN AWARD PURSUANT TO THIS SECTION.
(B) EACH CAMPUS THAT ENROLLS STUDENTS PURSUANT TO THIS SECTION SHALL
TAKE STEPS CONSISTENT WITH ESTABLISHED POLICY TO MAXIMIZE THE AWARD OF
CREDIT FOR PRIOR LEARNING FOR PARTICIPATING STUDENTS.
(C) NO STUDENT SHALL RECEIVE AN AWARD PURSUANT TO THIS SECTION FOR
GREATER THAN TEN SEMESTERS.
(D) A STUDENT WHO EARNS COLLEGE CREDIT PURSUANT TO THIS SECTION SHALL
BE ENTITLED TO TRANSFER SUCH CREDIT TO ANOTHER STATE UNIVERSITY OF NEW
YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS CONSISTENT WITH TRANSFER
POLICIES ESTABLISHED BY THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVER-
SITY OF NEW YORK.
5. REPORTING. BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND BY
SEPTEMBER FIRST OF EACH YEAR THEREAFTER, THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL EACH SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING INFORMATION:
(A) ENROLLMENT DATA BY FULL AND PART-TIME STATUS;
(B) RETENTION AND COMPLETION RATES BY FULL AND PART-TIME STATUS;
(C) BARRIERS TO STUDENT PARTICIPATION;
(D) DEMOGRAPHIC DATA RELATED TO THE PROGRAM;
(E) AVERAGE PRIOR LEARNING AND TRANSFER CREDIT AWARDED;
(F) THE TOTAL AMOUNT OF FUNDS AWARDED AND THE AVERAGE AWARD PER
STUDENT; AND
(G) POST-COMPLETION OUTCOMES INCLUDING TRANSFER, EMPLOYMENT, AND
WAGES, AS APPLICABLE.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 42 to read as follows:
42. THE TERM "REAL ESTATE APPRAISAL" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-A OF THIS CHAPTER.
PROVIDED, HOWEVER, THAT (A) REAL ESTATE APPRAISALS SUBJECT TO THIS ARTI-
CLE INCLUDE THOSE PERFORMED BY ANY PERSON OR ENTITY WHOSE BUSINESS HOLDS
ITSELF OUT AS ENGAGING IN RESIDENTIAL REAL ESTATE APPRAISALS, REGARDLESS
OF WHETHER OR NOT SUCH PERSON OR ENTITY IS CERTIFIED OR LICENSED TO
PROVIDE REAL ESTATE APPRAISALS PURSUANT TO THE PROVISIONS OF ARTICLE
SIX-E OF THIS CHAPTER, AND (B) FOR THE PURPOSES OF THIS ARTICLE, THE
REAL ESTATE APPRAISAL INCLUDES ALL ORAL COMMUNICATIONS AND ALL WRITTEN
COMMENTS AND OTHER DOCUMENTS SUBMITTED AS SUPPORT FOR THE ESTIMATE,
OPINION OF VALUE, OR ANALYSIS.
§ 2. Subdivision 5 of section 296 of the executive law is amended by
adding a new paragraph (h) to read as follows:
(H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON TO
DISCRIMINATE AGAINST ANY INDIVIDUAL IN MAKING REAL ESTATE APPRAISAL
SERVICES AVAILABLE OR TO BASE A REAL ESTATE APPRAISAL, ESTIMATE, OR
OPINION OF VALUE ON THE RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZEN-
SHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR
S. 3006--A 27 A. 3006--A
EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR
FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS OR OCCUPANTS OF THE
REAL PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR
THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN THE VICINITY
OF THE PROPERTY. NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE
APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED,
COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISA-
BILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL
SOURCE OF INCOME, OR FAMILIAL STATUS.
§ 3. Subdivision 9 of section 160-e of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
9. To suspend and revoke certificates or licenses OR IMPOSE FINES
pursuant to the disciplinary proceedings provided for in this article.
§ 4. The opening paragraph of subdivision 1 of section 160-u of the
executive law, as amended by chapter 397 of the laws of 1991, is amended
to read as follows:
The rights of any holder under a state certificate as a state certi-
fied real estate appraiser, or a license as a state licensed real estate
appraiser, may be revoked or suspended, or the holder of the certif-
ication or license may be otherwise disciplined in accordance with the
provisions of this article, upon any of the grounds set forth in this
section. AS AN ALTERNATIVE OR IN ADDITION TO SUCH SUSPENSION OR REVOCA-
TION, A FINE NOT EXCEEDING TWO THOUSAND DOLLARS MAY BE IMPOSED ON ANY
HOLDER OF THE CERTIFICATION OR LICENSE, PROVIDED THAT FIFTY PERCENT OF
ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE FOR SUCH FINES SHALL BE
PAYABLE TO THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSUANT
TO SECTION EIGHTY-A OF THE STATE FINANCE LAW. The department may inves-
tigate the actions of a state certified or licensed real estate
appraiser, and may [revoke or suspend the rights of] SANCTION OR OTHER-
WISE DISCIPLINE a certificate or license holder [or otherwise discipline
a state certified or licensed real estate appraiser] for any of the
following acts or omissions:
§ 5. Subdivision 1 of section 160-v of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
1. Before suspending or revoking any certification or license OR
IMPOSING ANY FINES ON A HOLDER OF A CERTIFICATION OR LICENSE, the
department shall notify the state certified or licensed real estate
appraiser or licensed real estate appraiser assistant in writing of any
charges made at least twenty days prior to the date set for the hearing
and shall afford [him or her] SUCH REAL ESTATE APPRAISER OR SUCH REAL
ESTATE APPRAISER ASSISTANT an opportunity to be heard in person or by
counsel.
§ 6. Subdivision 2 of section 160-w of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
2. If the department determined that a state certified or licensed
real estate appraiser or licensed real estate appraiser assistant is
guilty of a violation of any of the provisions of this article, it shall
prepare a finding of fact and recommend that such appraiser be repri-
manded [or], that [his or her] THEIR certification or license be
suspended or revoked, AND/OR INDICATE WHETHER A FINE SHALL BE IMPOSED.
The decision and order of the department shall be final.
§ 7. Subdivisions 2 and 3 of section 80-a of the state finance law,
subdivision 2 as added by chapter 687 of the laws of 2021 and subdivi-
S. 3006--A 28 A. 3006--A
sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
as follows:
2. The anti-discrimination in housing fund shall consist of moneys
appropriated thereto, moneys transferred from any other fund or sources,
FIFTY PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO SUBDI-
VISION ONE OF SECTION ONE HUNDRED SIXTY-U OF THE EXECUTIVE LAW, and
fifty percent of all fines and forfeitures collected pursuant to para-
graph (a) of subdivision one of section four hundred forty-one-c of the
real property law. Nothing contained in this section shall prevent the
state from receiving grants, gifts or bequests for the purposes of the
fund as defined in this section and depositing them into the fund
according to law.
3. The moneys in the anti-discrimination in housing fund shall be kept
separate from and shall not be commingled with any other moneys in the
custody of the state comptroller. Such moneys shall be made available to
the office of the attorney general, for [fair housing testing] PROGRAMS
ASSISTING WITH FAIR HOUSING COMPLIANCE, WHICH INCLUDES, BUT IS NOT
LIMITED TO, FAIR HOUSING TESTING, OUTREACH AND EDUCATION ON FAIR HOUSING
PROTECTIONS, ADDRESSING AND INVESTIGATING FAIR HOUSING ALLEGATIONS AND
COMPLAINTS, AND ADDRESSING DISCRIMINATION IN APPRAISALS, INCLUDING NEW
APPRAISALS AND APPRAISAL REVIEW, through allocation of grants to duly
applying county, city, town or village human rights commissions, or
other duly applying county, city, town, village or not-for-profit enti-
ties specializing in the prevention of unlawful discrimination in hous-
ing, to detect unlawful discrimination in housing.
§ 8. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 9. This act shall take effect immediately.
PART H
Section 1. Section 340 of the general business law is amended by
adding a new subdivision 2-a to read as follows:
2-A. (A) SUBJECT TO THE EXCEPTIONS HEREINAFTER PROVIDED IN THIS SUBDI-
VISION, THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO COORDINATORS
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND TO RESIDENTIAL RENTAL
PROPERTY OWNERS OR MANAGERS PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVI-
SION.
(B) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(I) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS THAT USES A SET OF RULES
TO DEFINE A SEQUENCE OF OPERATIONS.
(II) "ALGORITHMIC DEVICE" MEANS ANY MACHINE, DEVICE, COMPUTER PROGRAM
OR COMPUTER SOFTWARE THAT, ON ITS OWN OR WITH HUMAN ASSISTANCE PERFORMS
A COORDINATING FUNCTION.
(III) "COORDINATING FUNCTION" MEANS PERFORMING ALL OF THE FOLLOWING
SUBFUNCTIONS, PROVIDED, HOWEVER, THAT A PRODUCT USED FOR THE PURPOSE OF
ESTABLISHING RENT OR INCOME LIMITS IN ACCORDANCE WITH THE RENT STABILI-
ZATION CODE OR EMERGENCY TENANT PROTECTION ACT OR AFFORDABLE HOUSING
PROGRAM GUIDELINES OF A LOCAL GOVERNMENT, THE STATE, THE FEDERAL GOVERN-
MENT, OR OTHER POLITICAL SUBDIVISION SHALL NOT BE CONSIDERED TO BE
PERFORMING A COORDINATING FUNCTION:
S. 3006--A 29 A. 3006--A
(1) COLLECTING HISTORICAL OR CONTEMPORANEOUS PRICES, SUPPLY LEVELS, OR
LEASE OR RENTAL CONTRACT TERMINATION AND RENEWAL DATES OF RESIDENTIAL
DWELLING UNITS FROM TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
MANAGERS, PROVIDED THAT AT LEAST TWO SUCH RESIDENTIAL RENTAL PROPERTY
OWNERS OR MANAGERS ARE NOT WHOLLY-OWNED SUBSIDIARIES OF THE SAME PARENT
ENTITY OR OTHERWISE OWNED OR MANAGED BY THE SAME RESIDENTIAL RENTAL
PROPERTY OWNER OR MANAGER;
(2) ANALYZING OR PROCESSING THE INFORMATION DESCRIBED IN CLAUSE ONE OF
THIS SUBPARAGRAPH USING A SYSTEM, SOFTWARE, OR PROCESS THAT USES COMPU-
TATION, INCLUDING BY USING THAT INFORMATION TO TRAIN AN ALGORITHM; AND
(3) RECOMMENDING RENTAL PRICES, LEASE RENEWAL TERMS, IDEAL OCCUPANCY
LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A RESIDENTIAL RENTAL
PROPERTY OWNER OR MANAGER.
(IV) "COORDINATOR" MEANS ANY PERSON OR ENTITY THAT OPERATES OR
LICENSES A SOFTWARE OR DATA ANALYTICS SERVICE THAT PERFORMS A COORDINAT-
ING FUNCTION FOR TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
MANAGERS.
(V) "RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER" MEANS ANY INDIVID-
UAL OR ENTITY THAT OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY OR INDI-
RECTLY, IN WHOLE OR IN PART, OR MANAGES ONE OR MORE RESIDENTIAL RENTAL
DWELLING UNITS IN NEW YORK STATE.
(C) IT SHALL BE CONSIDERED AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A
COORDINATOR TO FACILITATE AN AGREEMENT BETWEEN OR AMONG TWO OR MORE
RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS TO NOT COMPETE WITH
RESPECT TO RESIDENTIAL RENTAL DWELLING UNITS, INCLUDING BY PERFORMING A
COORDINATING FUNCTION ON BEHALF OF OR BETWEEN AND AMONG SUCH RESIDENTIAL
RENTAL PROPERTY OWNERS OR MANAGERS.
(D) IT SHALL BE CONSIDERED AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A
RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER TO ENTER INTO SUCH AN
AGREEMENT AS IS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION EITHER
EXPRESSLY OR BY ADJUSTING RENTAL PRICES, LEASE RENEWAL TERMS, OCCUPANCY
LEVELS, OR OTHER LEASE TERMS AND CONDITIONS IN ONE OR MORE OF THEIR
RESIDENTIAL RENTAL PROPERTIES BASED ON RECOMMENDATIONS FROM AN ALGORITH-
MIC DEVICE PERFORMING A COORDINATING FUNCTION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become law.
PART I
Section 1. Section 7-107 of the general obligations law, as added by
chapter 917 of the laws of 1984, is amended to read as follows:
§ 7-107. Liability of a grantee or assignee for deposits made by
tenants upon conveyance of rent stabilized dwelling units. 1. This
section shall apply only to dwelling units subject to the New York city
rent stabilization law of nineteen hundred sixty-nine or the emergency
tenant protection act of nineteen seventy-four.
2. [(a) Any grantee or assignee of any dwelling unit referred to in
subdivision one of this section shall be liable to a tenant for any sum
of money or any other thing of value deposited as security for the full
performance by such tenant of the terms of his lease, plus any accrued
interest, if his or its predecessor in interest was liable for such
funds. Such liability shall attach whether or not the successor in
interest has, upon the conveyance of such dwelling unit, received the
sum as deposited.
(b) The liability of a receiver for payment of any security deposit
plus accrued interest pursuant to this subdivision shall be limited to
S. 3006--A 30 A. 3006--A
the amount of such deposit actually turned over to him or it pursuant to
subdivision one of section 7-105 of this chapter and to the operating
income in excess of expenses generated during his or its period of
receivership] NO DEPOSIT OR ADVANCE SHALL EXCEED THE AMOUNT OF ONE
MONTH'S RENT UNDER ANY CONTRACT FOR THE LEASE OR TENANCY OF A DWELLING
UNIT SUBJECT TO THIS SECTION.
3. [Any agreement by a lessee or tenant of a dwelling unit waiving or
modifying his rights as set forth in this section shall be void] THE
ENTIRE AMOUNT OF THE DEPOSIT OR ADVANCE SHALL BE REFUNDABLE TO THE
TENANT UPON THE TENANT'S VACATING OF THE PREMISES EXCEPT FOR AN AMOUNT
LAWFULLY RETAINED FOR THE REASONABLE AND ITEMIZED COSTS DUE TO NON-PAY-
MENT OF RENT, DAMAGE CAUSED BY THE TENANT BEYOND NORMAL WEAR AND TEAR,
NON-PAYMENT OF UTILITY CHARGES PAYABLE DIRECTLY TO THE LANDLORD UNDER
THE TERMS OF THE LEASE OR TENANCY, AND MOVING AND STORAGE OF THE
TENANT'S BELONGINGS. THE LANDLORD MAY NOT RETAIN ANY AMOUNT OF THE
DEPOSIT FOR COSTS RELATING TO ORDINARY WEAR AND TEAR OF OCCUPANCY OR
DAMAGE CAUSED BY A PRIOR TENANT.
4. AFTER INITIAL LEASE SIGNING BUT BEFORE THE TENANT BEGINS OCCUPANCY,
THE LANDLORD SHALL OFFER THE TENANT THE OPPORTUNITY TO INSPECT THE PREM-
ISES WITH THE LANDLORD OR THE LANDLORD'S AGENT TO DETERMINE THE CONDI-
TION OF THE PROPERTY. IF THE TENANT REQUESTS SUCH INSPECTION, THE
PARTIES SHALL EXECUTE A WRITTEN AGREEMENT BEFORE THE TENANT BEGINS OCCU-
PANCY OF THE UNIT ATTESTING TO THE CONDITION OF THE PROPERTY AND SPECIF-
ICALLY NOTING ANY EXISTING DEFECTS OR DAMAGES. UPON THE TENANT'S VACAT-
ING OF THE PREMISES, THE LANDLORD MAY NOT RETAIN ANY AMOUNT OF THE
DEPOSIT OR ADVANCE DUE TO ANY CONDITION, DEFECT, OR DAMAGE NOTED IN SUCH
AGREEMENT. THE AGREEMENT SHALL BE ADMISSIBLE AS EVIDENCE OF THE CONDI-
TION OF THE PREMISES AT THE BEGINNING OF OCCUPANCY ONLY IN PROCEEDINGS
RELATED TO THE RETURN OR AMOUNT OF THE SECURITY DEPOSIT.
5. WITHIN A REASONABLE TIME AFTER NOTIFICATION OF EITHER PARTY'S
INTENTION TO TERMINATE THE TENANCY, UNLESS THE TENANT TERMINATES THE
TENANCY WITH LESS THAN TWO WEEKS' NOTICE, THE LANDLORD SHALL NOTIFY THE
TENANT IN WRITING OF THE TENANT'S RIGHT TO REQUEST AN INSPECTION BEFORE
VACATING THE PREMISES AND OF THE TENANT'S RIGHT TO BE PRESENT AT THE
INSPECTION. IF THE TENANT REQUESTS SUCH AN INSPECTION, THE INSPECTION
SHALL BE MADE NO EARLIER THAN TWO WEEKS AND NO LATER THAN ONE WEEK
BEFORE THE END OF THE TENANCY. THE LANDLORD SHALL PROVIDE AT LEAST
FORTY-EIGHT HOURS WRITTEN NOTICE OF THE DATE AND TIME OF THE INSPECTION.
AFTER THE INSPECTION, THE LANDLORD SHALL PROVIDE THE TENANT WITH AN
ITEMIZED STATEMENT SPECIFYING REPAIRS OR CLEANING THAT ARE PROPOSED TO
BE THE BASIS OF ANY DEDUCTIONS FROM THE TENANT'S DEPOSIT. THE TENANT
SHALL HAVE THE OPPORTUNITY TO CURE ANY SUCH CONDITION BEFORE THE END OF
THE TENANCY. ANY STATEMENT PRODUCED PURSUANT TO THIS SUBDIVISION SHALL
ONLY BE ADMISSIBLE IN PROCEEDINGS RELATED TO THE RETURN OR AMOUNT OF THE
SECURITY DEPOSIT.
6. WITHIN FOURTEEN DAYS AFTER THE TENANT HAS VACATED THE PREMISES, THE
LANDLORD SHALL PROVIDE THE TENANT WITH AN ITEMIZED STATEMENT INDICATING
THE BASIS FOR THE AMOUNT OF THE DEPOSIT RETAINED, IF ANY, AND SHALL
RETURN ANY REMAINING PORTION OF THE DEPOSIT TO THE TENANT. IF A LANDLORD
FAILS TO PROVIDE THE TENANT WITH THE STATEMENT AND DEPOSIT WITHIN FOUR-
TEEN DAYS, THE LANDLORD SHALL FORFEIT ANY RIGHT TO RETAIN ANY PORTION OF
THE DEPOSIT.
7. IN ANY ACTION OR PROCEEDING DISPUTING THE AMOUNT OF ANY AMOUNT OF
THE DEPOSIT RETAINED, THE LANDLORD SHALL BEAR THE BURDEN OF PROOF AS TO
THE REASONABLENESS OF THE AMOUNT RETAINED.
S. 3006--A 31 A. 3006--A
8. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE FOR ACTUAL DAMAGES, PROVIDED A PERSON FOUND TO HAVE WILLFULLY
VIOLATED THIS SECTION SHALL BE LIABLE FOR PUNITIVE DAMAGES OF UP TO
TWICE THE AMOUNT OF THE DEPOSIT OR ADVANCE.
9. (A) IN CIRCUMSTANCES WHERE ANY SUM OF MONEY OR ANY OTHER THING OF
VALUE DEPOSITED AS SECURITY FOR THE FULL PERFORMANCE BY A TENANT OF THE
TERMS OF THEIR LEASE IS NOT TURNED OVER TO A SUCCESSOR IN INTEREST
PURSUANT TO SECTION 7-105 OF THIS TITLE, THE GRANTEE OR ASSIGNEE OF THE
LEASED PREMISES SHALL ALSO BE LIABLE TO SUCH TENANT, UPON CONVEYANCE OF
SUCH LEASED PREMISES, FOR THE REPAYMENT OF ANY SUCH SECURITY DEPOSIT,
PLUS ACCRUED INTEREST, AS TO WHICH SUCH GRANTEE OR ASSIGNEE HAS ACTUAL
KNOWLEDGE.
(B) FOR PURPOSES OF THIS SECTION, A GRANTEE OR ASSIGNEE OF THE LEASED
PREMISES SHALL BE DEEMED TO HAVE ACTUAL KNOWLEDGE OF ANY SECURITY DEPOS-
IT WHICH IS (I) DEPOSITED AT ANY TIME DURING THE SIX MONTHS IMMEDIATELY
PRIOR TO CLOSING OR OTHER TRANSFER OF TITLE IN ANY BANKING ORGANIZATION
PURSUANT TO SUBDIVISION TWO-A OF SECTION 7-103 OF THIS TITLE, OR (II)
ACKNOWLEDGED IN ANY LEASE IN EFFECT AT THE TIME OF CLOSING OR OTHER
TRANSFER OF TITLE, OR (III) SUPPORTED BY DOCUMENTARY EVIDENCE PROVIDED
BY THE TENANT OR LESSEE AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVI-
SION.
(C) WITH RESPECT TO ANY LEASED PREMISES FOR WHICH THERE IS NO RECORD
OF SECURITY DEPOSIT PURSUANT TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH
(B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF THE LEASED PREMISES
SHALL BE OBLIGATED TO NOTIFY THE TENANT THEREOF IN WRITING NO LATER THAN
THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF TITLE TO THE FACT
THAT THERE IS NO RECORD OF A SECURITY DEPOSIT FOR SAID LEASED PREMISES
AND THAT UNLESS THE TENANT WITHIN THIRTY DAYS AFTER RECEIVING NOTICE
PROVIDES THEM OR IT WITH DOCUMENTARY EVIDENCE OF DEPOSIT, THE TENANT
SHALL HAVE NO FURTHER RECOURSE AGAINST THEM OR IT FOR SAID SECURITY
DEPOSIT. FOR PURPOSES OF THIS SUBDIVISION, "DOCUMENTARY EVIDENCE" SHALL
BE LIMITED TO ANY CANCELLED CHECK DRAWN TO THE ORDER OF, A RECEIPT FROM,
OR A LEASE SIGNED BY ANY PREDECESSOR IN INTEREST, IF SUCH PREDECESSOR'S
INTEREST IN THE LEASED PREMISES EXISTED ON OR AFTER THE EFFECTIVE DATE
OF THIS PARAGRAPH. EXCEPT AS OTHERWISE PROVIDED BY SUBPARAGRAPHS (I) AND
(II) OF PARAGRAPH (B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF
THE LEASED PREMISES SHALL NOT BE CHARGED WITH ACTUAL KNOWLEDGE OF THE
SECURITY DEPOSIT WHERE THE TENANT FAILS WITHIN THE THIRTY-DAY PERIOD TO
PROVIDE SUCH DOCUMENTARY EVIDENCE. WHERE THE GRANTEE OR ASSIGNEE OF THE
LEASED PREMISES FAILS TO NOTIFY THE TENANT AS SPECIFIED IN THIS PARA-
GRAPH WITHIN THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF
TITLE, THE TENANT SHALL BE ENTITLED TO PRODUCE DOCUMENTARY EVIDENCE AT
ANY TIME.
(D) THE GRANTEE OR ASSIGNEE OF THE LEASED PREMISES SHALL HAVE THE
RIGHT TO DEMAND THAT THE GRANTOR OR ASSIGNOR THEREOF ESTABLISH AN ESCROW
ACCOUNT EQUAL TO ONE MONTH'S RENT FOR ANY LEASED PREMISES FOR WHICH
THERE IS NO RECORD OF A SECURITY DEPOSIT PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION TO BE USED FOR THE PURPOSE OF HOLDING HARMLESS THE
GRANTEE OR ASSIGNEE IN ANY CASE WHERE, AT A DATE SUBSEQUENT TO THE CLOS-
ING OR OTHER TRANSFER OF TITLE, THE TENANT GIVES NOTICE PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
(E) THE LIABILITY OF A RECEIVER FOR PAYMENT OF ANY SECURITY DEPOSIT
PLUS ACCRUED INTEREST PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO
THE AMOUNT OF SUCH DEPOSIT ACTUALLY TURNED OVER TO THEM OR IT PURSUANT
TO SUBDIVISION ONE OF SECTION 7-105 OF THIS TITLE AND TO THE OPERATING
S. 3006--A 32 A. 3006--A
INCOME IN EXCESS OF EXPENSES GENERATED DURING THEIR OR ITS PERIOD OF
RECEIVERSHIP.
10. ANY AGREEMENT BY A LESSEE OR TENANT OF A DWELLING WAIVING OR MODI-
FYING THEIR RIGHTS AS SET FORTH IN THIS SECTION SHALL BE ABSOLUTELY
VOID.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to any lease or rental agreement or
renewal of a lease or rental agreement entered into on or after such
date.
PART J
Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real
property actions and proceedings law, as amended by chapter 529 of the
laws of 2008, is amended to read as follows:
(b) In the case of a vacant dwelling, it is not sealed or continuously
guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed or
is continuously guarded by a person other than the owner, a mortgagee,
lienor or agent thereof, and [either] ANY of the following facts exists:
(i) A vacate order of the department or other governmental agency
currently prohibits occupancy of the dwelling; or
(ii) The tax on such premises has been due and unpaid for a period of
at least one year; or
(III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON-
ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY
OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE
DATE THAT THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY
OWNER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE
CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, SECTION
THREE HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A
PARTNERSHIP, SECTION THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND
RULES IF THE OWNER IS A LIMITED PARTNERSHIP, SECTION THREE HUNDRED ELEV-
EN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A CORPORATION, OR
SECTION THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF
THE OWNER IS A LIMITED LIABILITY COMPANY; OR
§ 2. This act shall take effect immediately.
PART K
Section 1. The real property tax law is amended by adding a new
section 457-a to read as follows:
§ 457-A. EXEMPTION FOR ELIGIBLE RESIDENTIAL PROPERTY TRANSFERRED TO A
LOW-INCOME HOUSEHOLD. 1. AS USED IN THIS SECTION:
(A) "NONPROFIT HOUSING ORGANIZATION" MEANS A NONPROFIT ORGANIZATION
EXEMPT FROM CERTAIN TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION
501(C)(4) OF THE UNITED STATES INTERNAL REVENUE CODE AND/OR THAT IS
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW WHOSE PRIMARY
PURPOSE IS THE CONSTRUCTION OR RENOVATION OF RESIDENTIAL AFFORDABLE
HOUSING FOR CONVEYANCE TO HOUSEHOLDS THAT MEET CERTAIN INCOME REQUIRE-
MENTS.
(B) "COMMUNITY LAND TRUST" MEANS A NONPROFIT ORGANIZATION EXEMPT FROM
CERTAIN TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION 501(C)(4) OF THE
UNITED STATE INTERNAL REVENUE CODE AND/OR THAT IS INCORPORATED UNDER THE
NOT-FOR-PROFIT CORPORATION LAW WHOSE PRIMARY PURPOSE IS TO PROVIDE
S. 3006--A 33 A. 3006--A
AFFORDABLE HOUSING BY OWNING LAND AND LEASING OR SELLING RESIDENTIAL
HOUSING SITUATED ON THAT LAND TO HOUSEHOLDS THAT MEET CERTAIN INCOME
REQUIREMENTS.
(C) "LAND BANK" MEANS AN ENTITY CREATED IN ACCORDANCE WITH ARTICLE
SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
(D) "QUALIFIED LOW-INCOME HOUSEHOLD" MEANS A HOUSEHOLD WITH AN INCOME
UPON INITIAL OCCUPANCY OF THE RESIDENTIAL PROPERTY OF NOT MORE THAN
EIGHTY PERCENT OF THE AREA MEDIAN INCOME, AS ANNUALLY DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND WHICH HAS
AGREED TO OCCUPY SUCH RESIDENTIAL PROPERTY AS A PRIMARY RESIDENCE. THE
NONPROFIT HOUSING ORGANIZATION, COMMUNITY LAND TRUST, LAND BANK, OR
APPROPRIATE GOVERNMENTAL ENTITY SHALL CERTIFY THAT A HOUSEHOLD MEETS THE
INCOME AND RESIDENCY CRITERIA TO BE CONSIDERED A QUALIFIED LOW-INCOME
HOUSEHOLD AND SHALL DETERMINE THE INCOME AND ASSETS THAT SHALL BE USED
TO DETERMINE A HOUSEHOLD'S INCOME FOR ELIGIBILITY PURPOSES.
2. (A) RESIDENTIAL REAL PROPERTY SUBJECT TO A RESTRICTIVE COVENANT OR
DECLARATION, LEGAL REQUIREMENT, REGULATORY AGREEMENT OR OTHER CONTRACTU-
AL OBLIGATION WITH A GOVERNMENTAL ENTITY, NONPROFIT HOUSING ORGANIZA-
TION, OR LAND BANK, AND TRANSFERRED TO A QUALIFIED LOW-INCOME HOUSEHOLD,
OR WHERE THE LAND IS TRANSFERRED TO A COMMUNITY LAND TRUST AND THE RESI-
DENTIAL BUILDING SITUATED ON THE LAND IS OR WILL BE LEASED OR SOLD TO A
QUALIFIED LOW-INCOME HOUSEHOLD, SHALL BE EXEMPT AS PROVIDED IN PARAGRAPH
(B) OF THIS SUBDIVISION FROM TAXATION LEVIED BY OR ON BEHALF OF ANY
COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT IN WHICH SUCH RESIDENTIAL
PROPERTY IS LOCATED, PROVIDED THE LEGISLATIVE BODY OR GOVERNING BOARD OF
SUCH COUNTY, CITY, TOWN OR VILLAGE, AFTER PUBLIC HEARING, ADOPTS A LOCAL
LAW, OR A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT TO WHICH ARTICLE
FIFTY-TWO OF THE EDUCATION LAW APPLIES, ADOPTS A RESOLUTION PROVIDING
THEREFOR.
(B) THE REAL PROPERTY TAX EXEMPTION SHALL BE AN AMOUNT THAT IS NOT
LESS THAN TWENTY-FIVE PERCENT NOR MORE THAN FIFTY PERCENT OF THE
ASSESSED VALUE OF THE PROPERTY AS PROVIDED IN LEGISLATION OR RESOLUTION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(C) A COPY OF ANY SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE
ASSESSOR OF SUCH COUNTY, CITY, TOWN, OR VILLAGE WHO PREPARES THE ASSESS-
MENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE, OR
SCHOOL DISTRICT ARE LEVIED.
3. (A) THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
TINUED IN ANY OF THE FOLLOWING CIRCUMSTANCES:
(I) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO THIS
SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES;
(II) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION CEASES TO BE USED AS A PRIMARY RESIDENCE; OR
(III) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION IS TRANSFERRED TO ANOTHER PERSON OR ENTITY, OTHER THAN TO
ANY HEIRS OR DISTRIBUTEES OF THE OWNER THAT MEET THE REQUIREMENTS OF
BEING A QUALIFIED LOW-INCOME HOUSEHOLD AT THE TIME OF SUCH TRANSFER.
(B) UPON DETERMINING THAT AN EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHOULD BE DISCONTINUED, THE ASSESSOR SHALL MAIL A NOTICE SO
STATING TO THE OWNER OR OWNERS THEREOF AT THE TIME AND IN THE MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF THIS CHAPTER. SUCH OWNER OR
OWNERS SHALL BE ENTITLED TO SEEK ADMINISTRATIVE AND JUDICIAL REVIEW OF
SUCH ACTION IN THE MANNER PROVIDED BY LAW, PROVIDED THAT THE BURDEN
SHALL BE ON SUCH OWNER OR OWNERS TO ESTABLISH ELIGIBILITY FOR THE
EXEMPTION.
S. 3006--A 34 A. 3006--A
4. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OR OWNERS OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE COMMISSION-
ER. THE APPLICATION SHALL BE FILED WITH THE ASSESSOR OF THE COUNTY,
CITY, TOWN, OR VILLAGE HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION
ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY, CITY,
TOWN, OR VILLAGE.
5. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION, AND
SUCH RESIDENTIAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE
REFERRED TO IN SUBDIVISION FOUR OF THIS SECTION. THE ASSESSED VALUE OF
ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART L
Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
housing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(a) Upon the consent of the local legislative body of any municipality
in which a project is or is to be located, the real property in a
project shall be exempt from local and municipal taxes, other than
assessments for local improvements, to the extent of all or part of the
value of the property included in such project which represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project at the time of its acquisition by
the limited-profit housing company, provided, however, that the real
property in a project acquired for purposes of rehabilitation shall be
exempt to the extent of all or part of the value of the property
included in such project, and further provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project except that for
projects located or to be located in a city of a population of one
million or more, [upon the consent of the local legislative body of the
municipality, the amount of such taxes to be paid may be set at not less
than (i) the taxes payable with respect to the real property in such
project with respect to the year nineteen hundred seventy-three, or,
(ii) if such project was not occupied in such year, not less than ten
per centum of the annual shelter rent or carrying charges first estab-
lished pursuant to subdivision one of section thirty-one of this arti-
cle] THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF
THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF A MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. Shelter rent shall mean the total rents received
from the occupants of a project less the cost of providing to the occu-
pants electricity, gas, heat and other utilities. Total rents shall
S. 3006--A 35 A. 3006--A
include rent supplements and subsidies received from the federal govern-
ment, the state or a municipality on behalf of such occupants[,] but
shall not include interest reduction payments pursuant to subdivision
(a) of section two hundred one of the Federal Housing and Urban Develop-
ment Act of nineteen hundred sixty-eight. The tax exemption shall oper-
ate and continue so long as the mortgage loans of the company, including
any additional mortgage loan the proceeds of which are used primarily
for the residential portion of the project, which additional loan is
approved by the commissioner or the supervising agency, are outstanding.
§ 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, the real property of a state urban development corporation
project acquired, owned, constructed, managed or operated by a company
incorporated pursuant to the not-for-profit corporation law and this
article shall be entitled to all the benefits provided by section four
hundred twenty-two of the real property tax law. The real property of a
state urban development corporation project, other than a state urban
development corporation project acquired, owned, constructed, managed or
operated by a company incorporated pursuant to the not-for-profit corpo-
ration law and this article, shall be exempt from all local and munici-
pal taxes, other than assessments for local improvements, to the extent
of the value of the property included in such project as represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project on the date of its acquisition by
the limited-profit housing company, provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project, as defined in para-
graph (a) hereof, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. The tax exemption shall operate and continue so
long as the mortgage loans of such limited profit housing company,
including any additional mortgage loan the proceeds of which are used
primarily for the residential portion of the project, which additional
loan is approved by the commissioner or the supervising agency, are
outstanding and the project is continued to be operated as a limited-
profit housing project. If a state urban development corporation project
qualifying for tax exemption pursuant to this paragraph is sold, with
the approval of the commissioner, to another limited-profit housing
company, such successor company shall be entitled to all the benefits of
this paragraph. In the event that such sale is to a company incorporated
pursuant to the not-for-profit corporation law and this article, such
successor company shall be entitled to all the benefits provided by
section four hundred twenty-two of the real property tax law.
§ 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 744 of the laws of 1977, is
amended to read as follows:
S. 3006--A 36 A. 3006--A
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, when a project is financed with a mortgage loan pursuant to
this article or article three of this chapter and (i) there is a partic-
ipation, new loan or investment pursuant to section twenty-three-b of
this article or (ii) such mortgage loan is assigned, modified or satis-
fied pursuant to section twenty-three-a or forty-four-b or subdivision
twenty-two-a of section six hundred fifty-four of this chapter, the real
property of the project shall be exempt from all local and municipal
taxes, other than assessments for local improvements, to the extent of
the value of the real property included in such project which represents
an increase over the assessed valuation of the real property, both land
and improvements, acquired for the project on the date of its original
acquisition for the project by the original mortgagor under a mortgage
loan pursuant to this article or article three of this chapter, provided
that the amount of taxes to be paid on the project shall not be less
than ten per centum of the annual shelter rent or carrying charges of
such project, as defined in paragraph (a) of this subdivision, EXCEPT
THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF
SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER
RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL
LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE
AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH
GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY
TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION
SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE CONSENT WAS GRANTED.
Such tax exemption shall commence in each instance from the date when
the project becomes subject to a mortgage insured by the federal govern-
ment and shall operate and continue so long as a mortgage on such
project is insured or held by the federal government or so long as the
project is thereafter owned by the federal government or so long as any
residual indebtedness is outstanding, whichever is longer. When there is
a participation, new loan or investment pursuant to section twenty-
three-b of this article, such participation, new loan or investment
shall be deemed to be the equivalent of a federally insured mortgage for
purposes of this paragraph. Nothing contained in this paragraph shall be
construed to limit or otherwise impair the benefits available to any
company eligible for exemption from taxation pursuant to section thir-
ty-one or section thirty-six-a of this article, section four hundred
twenty-two or section four hundred sixty-seven-c of the real property
tax law, or section fifty-eight of the public housing law. The foregoing
shall not be deemed to authorize any company to receive the benefits of
any exemption from taxation in contravention of the provisions of
section two of article eighteen of the constitution.
§ 4. Subdivision 4 of section 33 of the private housing finance law,
as amended by chapter 229 of the laws of 1989, is amended to read as
follows:
4. Notwithstanding the provisions of subdivision one hereof, when a
mutual company is organized under this article to facilitate the acqui-
sition of a building by residents thereof, the amount of local and
municipal taxes, other than assessments for local improvements, to be
paid on the real property included in such project, both land and
improvements, shall not exceed twenty per centum of the annual shelter
rent or carrying charges of such project, as defined in paragraph (a) of
subdivision one hereof; provided, however, that where such acquisition
S. 3006--A 37 A. 3006--A
of a building by residents thereof involves the financing of rehabili-
tation or other improvement as well as acquisition, upon the consent of
the local legislative body of the municipality in which the project is
located the amount of such taxes may be further reduced provided that
such amount shall not be less than ten per centum of the annual shelter
rent or carrying charges of the project, as defined in paragraph (a) of
subdivision one hereof; or the company may in lieu of requesting such
consent apply for the benefits of the local law, if any, enacted pursu-
ant to section four hundred eighty-nine of the real property tax law.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE
NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING
CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL LEGISLATIVE BODY
OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES MAY
BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS OF THE ANNUAL SHELTER RENT
OR CARRYING CHARGES OF THE PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE
THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORI-
ZATION IS NOT RENEWED, THE RATE OF TAXATION SHALL REVERT TO THE LEVEL
ESTABLISHED BEFORE THE CONSENT WAS GRANTED. Such tax exemption, if any,
granted pursuant to this article shall operate and continue so long as a
loan made under this article or any subsequent loan approved by the
commissioner or the supervising agency to enhance the residential
portion of the project and the project is continued to be operated for
the purposes set forth in this article is outstanding.
§ 5. This act shall take effect immediately.
PART M
Section 1. The section heading of section 485-r of the real property
tax law, as added by chapter 406 of the laws of 2015, is amended to read
as follows:
Residential redevelopment inhibited property exemption[; certain
cities].
§ 2. Subdivision 1 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015 and paragraph (f) as amended by
chapter 28 of the laws of 2016, is amended to read as follows:
1. As used in this section, the following terms shall have the follow-
ing meanings:
(a) "Redevelopment inhibited property" shall mean a residential prop-
erty that has been neglected or abandoned because of the local economic
conditions and/or conditions on the property that inhibit such property
from being redeveloped by the private sector AS DESCRIBED IN SUBDIVISION
THREE OF THIS SECTION. Redevelopment inhibited property shall not
include land that is undeveloped.
(b) "Gap financing costs" shall mean the total cost of the property's
redevelopment as approved by the city, TOWN, OR VILLAGE minus the
increase in the full valuation of the property upon completion of the
redevelopment.
(c) "Base assessment" shall mean the assessed value of the property on
the day the city, TOWN, OR VILLAGE designates the property as redevelop-
ment inhibited.
(d) "Increased assessment" shall mean the assessed value of the prop-
erty as determined by the assessor upon completion of the redevelopment.
S. 3006--A 38 A. 3006--A
(e) "Incremental increase in annual property taxes" shall mean the
taxes based on the increased assessment minus the taxes based on the
base assessment.
[(f) "City" shall mean a city with a population of not less than
fifteen thousand two hundred fifty and not more than fifteen thousand
five hundred as determined by the latest federal decennial census.]
§ 3. Subdivision 2 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
2. A city, TOWN, OR VILLAGE may, by local law, provide for the
exemption of real property from taxation as provided in this section.
Subsequent to the adoption of such local law, the county in which such
city, TOWN, OR VILLAGE is located may after a public hearing and by
local law, and any school district, all or part of which is located in
such city, TOWN, OR VILLAGE, may, by resolution, exempt such property
from its taxation in the same manner and to the same extent as the city,
TOWN, OR VILLAGE has done.
§ 4. Subdivision 3 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
3. A LOCAL LAW ADOPTED BY A city, TOWN, OR VILLAGE PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION shall designate any property within [the]
SUCH city, TOWN, OR VILLAGE'S boundaries as a redevelopment inhibited
property if one or more of the following are met:
(a) the city, TOWN, OR VILLAGE has acquired title to the property
pursuant to article nineteen-A of the real property actions and
proceedings law; or
(b) the property has been continuously vacant for a period of at least
three years; or
(c) the COUNTY, city, TOWN OR VILLAGE IN WHICH THE PROPERTY IS LOCATED
has acquired title to the property via foreclosure for unpaid taxes
pursuant to article eleven of this chapter; or
(d) the property has outstanding zoning, housing, or uniform code
violations and the cost of remedying the violations exceeds the proper-
ty's value.
§ 5. Subdivision 4 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
4. (a) Upon the adoption of such local law, redevelopment inhibited
property shall be exempt from taxation and special ad valorem levies to
the extent of any increase in value attributable to demolition, alter-
ation, rehabilitation, or remediation pursuant to the following require-
ments:
(i) the demolition, alterations, rehabilitation, and/or remediation
shall be permitted by the [city's] APPLICABLE bureau of inspection such
that building or plumbing permits issued and said demolition, alter-
ations, rehabilitation, and/or remediation shall have met all necessary
approvals per the applicable New York state uniform fire prevention and
building code, the [city's] APPLICABLE municipal code and the [city's]
APPLICABLE bureau of inspection upon completion; and
(ii) the property for which the exemption is sought shall be [an
owner-occupied one-family residence] A ONE TO FOUR-UNIT RESIDENCE AND
OCCUPIED AS THE PRIMARY RESIDENCE OF THE OWNER OR A TENANT; and
(iii) the owner of such property shall file annually an affidavit of
residency with the assessor of the city, TOWN, OR VILLAGE on or before
the appropriate taxable status date [of such city], confirming continued
[owner-occupancy] OCCUPANCY of the property BY THE OWNER OR A TENANT AS
THEIR PRIMARY RESIDENCE; and
S. 3006--A 39 A. 3006--A
(iv) the redevelopment inhibited property is exempt from taxation and
special ad valorem levies attributable to the increased assessment minus
the taxes and special ad valorem levies imposed on the base assessment.
Such exemption shall not apply to special assessments.
(b) In the event the property granted an exemption pursuant to this
section ceases to be [owner-]occupied AS THE PRIMARY RESIDENCE OF THE
OWNER OR TENANT and/or the affidavit of residency is not filed annually
for the approved exemption period, the exemption granted pursuant to
this section shall cease.
(c) In the event the property granted an exemption pursuant to this
section ceases to be a [one-family] ONE TO FOUR-UNIT dwelling, the
exemption granted pursuant to this section shall cease.
(d) In the event the owner of the property is convicted of a violation
or misdemeanor pursuant to New York state uniform fire prevention and
building code or the [city's] APPLICABLE municipal code, the exemption
granted pursuant to this section shall cease.
§ 6. Subdivision 6 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
6. (a) Such exemption shall be granted only upon application by the
owner of such building for the residential redevelopment inhibited prop-
erty exemption, on a form prescribed by the city, TOWN, OR VILLAGE. Such
application must be filed with the assessor of the city, TOWN, OR
VILLAGE on or before the appropriate taxable status date [of such city].
The application must be filed with the assessor of the city, TOWN, OR
VILLAGE within three years from the date of completing the demolition,
alterations, rehabilitation, and/or remediation.
(b) The owner filing for such exemption shall not be required to be
the owner responsible for completing the demolition, alterations, reha-
bilitation, and/or remediation.
(c) If the assessor is satisfied that the applicant is entitled to an
exemption pursuant to this section, [he or she] SUCH ASSESSOR shall
approve the application and such real property shall thereafter be
exempt from taxation and special ad valorem levies by the city, TOWN, OR
VILLAGE commencing with the assessment roll prepared after the taxable
status date referred to in this subdivision. The assessed value of any
exemption granted pursuant to this section shall be entered by the
assessor of the city, TOWN, OR VILLAGE on the assessment roll with the
taxable property, with the amount of the exemption shown in a separate
column.
(d) Once granted, the residential redevelopment inhibited property
exemption runs with the land for the exemption period pursuant to this
section.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.
PART N
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2026. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
S. 3006--A 40 A. 3006--A
to exceed $12,830,000, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
actual excess balance in the special account of the mortgage insurance
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2024-2025 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, 2025.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural preservation program
contracts authorized by this section, a total sum not to exceed
$5,360,000, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2024-2025 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,
2025.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $23,455,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$23,455,000, 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 2024-2025 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
S. 3006--A 41 A. 3006--A
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, 2025.
§ 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 $56,381,000 for the fiscal year
ending March 31, 2026. 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 $56,381,000, 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 2024-2025 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, 2026.
§ 5. This act shall take effect immediately.
PART O
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part G of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2025]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART P
Section 1. The social services law is amended by adding a new section
390-n to read as follows:
§ 390-N. CHILD CARE SUPPORT CENTER; OPERATING CERTIFICATE REQUIRED. 1.
FOR PURPOSES OF THIS SECTION, "CHILD CARE SUPPORT CENTER" SHALL MEAN A
BUSINESS ENTITY THAT IS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES TO PLACE INDIVIDUALS AS SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
S. 3006--A 42 A. 3006--A
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS AS DEFINED IN SECTION THREE HUNDRED NINETY OF
THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE AUTHORIZED TO
CERTIFY, REGULATE, AND INSPECT CHILD CARE SUPPORT CENTERS. THE OFFICE OF
CHILDREN AND FAMILY SERVICES MAY, AT ITS DISCRETION, LIMIT THE NUMBER OF
OPERATING CERTIFICATES ISSUED.
3. NO ENTITY MAY PLACE SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS UNLESS IT POSSESSES A VALID OPERATING CERTIF-
ICATE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
4. PRIOR TO PLACING AN INDIVIDUAL AS A SUBSTITUTE CAREGIVER AT A CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME, OR
SCHOOL AGE CHILD CARE PROGRAM AS DEFINED IN SECTION THREE HUNDRED NINETY
OF THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE, A CHILD CARE
SUPPORT CENTER SHALL VERIFY THAT THE SUBSTITUTE CAREGIVER HAS MET THE:
(A) STANDARDS AND TRAINING REQUIREMENTS SET FORTH IN SECTION THREE
HUNDRED NINETY-A OF THIS TITLE FOR CHILD DAY CARE PROGRAM EMPLOYEES;
(B) CRIMINAL HISTORY REVIEW AND BACKGROUND CLEARANCE REQUIREMENTS OF
SECTION THREE HUNDRED NINETY-B OF THIS TITLE FOR PROSPECTIVE EMPLOYEES
OF A CHILD DAY CARE PROGRAM; AND
(C) ANY OTHER REQUIREMENTS ESTABLISHED BY THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
5. OPERATING CERTIFICATES ISSUED UNDER THIS SECTION SHALL REMAIN VALID
UNLESS SURRENDERED BY THE CHILD CARE SUPPORT CENTER OR REVOKED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES MAY REVOKE AN OPERATING CERTIFICATE AT ANY TIME UPON A
DETERMINATION THAT THE CHILD CARE SUPPORT CENTER HAS NOT OPERATED IN
ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW.
6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY AN APPLICA-
TION FOR CERTIFICATION OF A CHILD CARE SUPPORT CENTER IF THE APPLICANT
HAD AN OPERATING CERTIFICATE REVOKED WITHIN THE TWO YEARS PRIOR TO THE
DATE OF APPLICATION.
§ 2. Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
12. A CHILD CARE SUPPORT CENTER CERTIFIED PURSUANT TO SECTION THREE
HUNDRED NINETY-N OF THIS TITLE SHALL BE AUTHORIZED TO REQUEST CLEARANCES
FOR SUBSTITUTE CAREGIVERS IN ACCORDANCE WITH THIS SECTION. SUBSTITUTE
CAREGIVERS SHALL BE CONSIDERED "PROSPECTIVE EMPLOYEES" OF A CHILD DAY
CARE PROGRAM UNDER SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment, and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
PART Q
Section 1. Paragraph (e) of subdivision 5 of section 131-a of the
social services law, as added by chapter 1053 of the laws of 1981, is
amended and a new paragraph (f-1) is added to read as follows:
(e) [Provision] PROVISION of allowances as prescribed by regulations
of the department to meet the needs of a pregnant [woman, beginning with
the fourth month of pregnancy which has been medically verified.]
PERSON;
S. 3006--A 43 A. 3006--A
(F-1) A ONE-TIME BENEFIT TO PUBLIC ASSISTANCE RECIPIENTS UPON THE
BIRTH OF A NEW CHILD, AS PRESCRIBED BY REGULATIONS OF THE DEPARTMENT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART R
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 H of chapter 56 of the laws of 2024, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$181.00] $186.00 for each month beginning on or after
January first, two thousand [twenty-four] TWENTY-FIVE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$208.00] $213.00 for each month beginning on
or after January first, two thousand [twenty-four] TWENTY-FIVE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$249.00] $255.00 for each month
beginning on or after January first, two thousand [twenty-four] TWENTY-
FIVE.
(d) for the period commencing January first, two thousand [twenty-
five] TWENTY-SIX, 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-five] TWENTY-SIX, but prior to June thirtieth, two
thousand [twenty-five] TWENTY-SIX, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
H of chapter 56 of the laws of 2024, are amended to read as follows:
(a) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living alone, [$1,030.00]
$1,054.00; and for an eligible couple living alone, [$1,519.00]
$1,554.00.
(b) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living with others with or with-
out in-kind income, [$966.00] $990.00; and for an eligible couple living
with others with or without in-kind income, [$1,461.00] $1,496.00.
(c) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving family care,
[$1,209.48] $1,233.48 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,171.48] $1,195.48; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving residential care,
S. 3006--A 44 A. 3006--A
[$1,378.00] $1,402.00 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter or Rockland; and (ii) for an eligible couple receiving residential
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,348.00] $1,372.00; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving enhanced residen-
tial care, [$1,637.00] $1,661.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-five] TWENTY-
SIX but prior to June thirtieth, two thousand [twenty-five] TWENTY-SIX.
§ 3. This act shall take effect December 31, 2025.
PART S
Section 1. Section 4 of part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, as amended by section 1 of part T of chapter 56 of
the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
[2025] 2028.
§ 2. This act shall take effect immediately.
PART T
Section 1. Article 19-D of the labor law, as added by chapter 88 of
the laws of 2021, is amended to read as follows:
ARTICLE 19-D
MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
Section 696-a. Definitions.
[696-b. Certification to the commissioner.
696-c.] 696-B. Minimum wage rate for covered airport workers.
[696-d.] 696-C. Commissioner's powers of investigation.
[696-e.] 696-D. Records of employers.
[696-f.] 696-E. Penalties.
[696-g.] 696-F. Civil action.
[696-h.] 696-G. Regulations.
[696-i.] 696-H. Savings clause.
§ 696-a. Definitions. As used in this article: 1. "Covered airport
location" means John F. Kennedy International Airport and LaGuardia
Airport or any location used to perform [airline catering] work [as such
work is described in subparagraph (iv) of paragraph (a) of subdivision
S. 3006--A 45 A. 3006--A
two of this section] RELATED TO THE PREPARATION OR DELIVERY OF FOOD FOR
CONSUMPTION ON AIRPLANES DEPARTING FROM JOHN F. KENNEDY INTERNATIONAL
AIRPORT OR LAGUARDIA AIRPORT.
2. (a) "Covered airport worker" means any person employed to perform
work at a covered airport location [provided at least one-half of the
employee's time during any workweek is performed at a covered airport
location and who works in one of the following covered categories:
(i) Cleaning and related services, which shall mean:
(1) building cleaning, including warehouse, kitchen, and terminal
cleaning, including common areas, gateways, gates, lounges, clubs,
concession areas, terminal entryways from ramp and where planes park at
the gate, and other nearby facilities used for the preparation, packag-
ing, and storage of inflight meals and supplies; and
(2) aircraft and cabin cleaning, including lavatory and water disposal
and replenishment, lift truck driving and helping, dispatching, cleaning
crew driving, and sorting and packing of inflight materials, such as
blankets, pillows, and magazines;
(ii) Security related services, including catering security, escort-
ing, escort security, passenger aircraft security, fire guarding, termi-
nal security, baggage security, traffic security, cargo screening,
including guarding, warehouse security, concessions and airport lounge
security, security dispatch, and security at nearby facilities used for
the preparation, packaging, and storage of inflight meals; or
(iii) In terminal and passenger handling services, including baggage
handling, sky cap services, wheelchair attending, wheelchair dispatch-
ing, customer and passenger services, line queue, identification check-
ing, porter services for baggage, and passenger and employee shuttle
driving.
(iv) Airline catering, including work related to the preparation or
delivery of food or beverage for consumption on airplanes departing from
a covered airport location or related location; or
(v) Airport lounge services, including food and retail services].
(b) "Covered airport worker" shall not include [anyone who works in
one of the following non-covered categories:
(i) Non-cleaning and security related cargo and ramp services, includ-
ing ramp baggage and cargo handling, load control and ramp communi-
cation, aircraft mechanics and fueling of aircraft, provision of cool-
ing, heating, and power, passenger aircraft servicing, cabin equipment
maintenance, guiding aircraft in and out of gates, and gate side
aircraft maintenance;
(ii) Ramp and tarmac maintenance services, including operation of snow
plows, ramp cleaning vehicles, and tarmac sweepers;
(iii) Concession services, including food service, which includes food
and beverage service, wait service, and cashiers, and retail service,
which includes news, and gifts, and duty-free;
(c) "Covered airport worker" shall not include direct employees of the
Port Authority of New York and New Jersey, or any workers hired by
companies contracted by the Port Authority of New York and New Jersey,
that are performing work under such contract] PERSONS EMPLOYED IN AN
EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY AS DEFINED IN
SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR LABOR
STANDARDS ACT OF 1938 (29 U.S.C. S.213 ET SEQ.), OR PERSONS EMPLOYED BY
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY OR ANY OTHER GOVERNMENTAL
AGENCY.
[(d)] (C) "Covered airport worker" shall [include only:
S. 3006--A 46 A. 3006--A
(i) Employees employed at a covered airport location on December thir-
tieth, two thousand twenty and who are working an average of at least
thirty hours per week; and
(ii) Employees employed at a covered airport location on or after
January first, two thousand twenty-three and who are working for an
average of thirty hours per week.
(e) "Covered airport worker" shall also not include persons employed
in an executive, administrative, or professional capacity as defined in
subparagraph one of paragraph (a) of section thirteen of the Fair Labor
Standards Act of 1938] FOR ANY WEEK, NOT INCLUDE AN EMPLOYEE WORKING AT
A COVERED AIRPORT LOCATION DURING THAT WEEK, FOR LESS THAN THIRTY HOURS.
3. "Successor airport employer" means any [person who furnishes clean-
ing and related services, security related services, in terminal and
passenger handling services, airline catering, or airport lounge
services] EMPLOYER THAT EMPLOYS COVERED AIRPORT WORKERS WHO PROVIDE
SERVICES at a covered airport location that are substantially similar to
those that were provided by covered airport workers previously employed
by another employer at such covered airport location.
4. "Employer" means any person, corporation, limited liability compa-
ny, or association employing any individual in an occupation, industry,
trade, business or service. The term "employer" shall not include a
governmental agency.
5. [The "standard wage rate" means the greater of:
(a) any minimum wage rate that would be otherwise applicable to
covered airport workers established by article nineteen of this chapter;
or
(b) any otherwise applicable minimum wage rate established through a
policy of the Port Authority of New York and New Jersey] THE "APPLICABLE
STANDARD RATE" MEANS THE WAGE AND BENEFIT RATES DESIGNATED BY THE
COMMISSIONER BASED ON THE DETERMINATIONS MADE BY THE GENERAL SERVICES
ADMINISTRATION PURSUANT TO THE FEDERAL MCNAMARA-O'HARA SERVICE CONTRACT
ACT OF 1965 (41 U.S.C. 6701 ET SEQ.), FOR THE APPROPRIATE LOCALITIES AND
CLASSIFICATIONS OF BUILDING SERVICE EMPLOYEES; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL THE PREVAILING WAGE RATE APPLICABLE TO A COVERED
AIRPORT WORKER ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND
EVERY YEAR THEREAFTER BE LESS THAN THE FOLLOWING:
(A) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
REGULATION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
(B) AN AMOUNT OF SUPPLEMENTAL WAGES OR A SUPPLEMENTAL HEALTHCARE
CONTRIBUTION EQUAL TO THE RATE FOR HEALTH AND WELFARE FOR ALL OCCUPA-
TIONS, DESIGNATED BY THE COMMISSIONER BASED ON THE DETERMINATIONS MADE
BY THE FEDERAL DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA
SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET SEQ.) FOR THE GEOGRAPHIC
REGION IN WHICH THE COVERED AIRPORT LOCATION IS SITUATED AND IN EFFECT
ON THE DATE OF THE DESIGNATION BY THE COMMISSIONER; AND
(C) PAID LEAVE EQUAL TO THE PAID LEAVE REQUIREMENTS DESIGNATED BY THE
COMMISSIONER THE IMMEDIATELY PRECEDING JANUARY FIRST, BASED ON THE
DETERMINATIONS MADE BY THE GENERAL SERVICES ADMINISTRATION PURSUANT TO
THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET
SEQ.).
6. [The "standard benefits supplement rate" means an hourly supplement
of four dollars and fifty-four cents furnished to an employee by provid-
ing at least four dollars and fifty-four cents per hour toward the cost
of minimum essential coverage under an eligible employer-sponsored plan
as defined in treasury regulation section 1.5000A-2(c)(1) beginning on
July first, two thousand twenty-one. The standard benefits supplement
S. 3006--A 47 A. 3006--A
rate shall apply only to the first forty hours worked by each covered
airport worker in each week and shall not apply to any overtime hours
worked by any covered airport worker. The standard benefits supplement
rate shall apply to any paid leave taken by a covered airport worker
that does not exceed forty hours in a week] "COMMISSIONER" MEANS THE
COMMISSIONER OF LABOR OF THE STATE OF NEW YORK.
[7. The "applicable standard rate" shall mean a combination of (a) the
standard wage rate; and (b) the standard benefits supplemental rate.
§ 696-b. Certification to the commissioner. 1. No later than March
thirty-first, two thousand twenty-one, each employer of a covered
airport worker shall submit to the commissioner a sworn statement certi-
fying the total number of workers employed by such employer at a covered
airport location to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location on
December thirtieth, two thousand twenty, and identifying the number that
is equal to eighty percent of such total number of employees, which
shall be the December thirtieth, two thousand twenty benchmark for the
purposes of this section. Such statement shall further include an affir-
mation that such employer will ensure that the number of covered airport
workers it employs at a covered airport location between July first, two
thousand twenty-one and December thirty-first, two thousand twenty-two
is no less than the December thirtieth, two thousand twenty benchmark.
Such sworn statement shall be provided by the commissioner upon request
by any airport worker performing cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location or
any representative of such airport workers. Prior to employing any
airport workers to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location, any
successor airport employer shall obtain the applicable December thirti-
eth, two thousand twenty benchmark from the commissioner and submit to
the commissioner an affirmation that such employer will ensure that the
number of covered airport workers it employs at a covered airport
location between July first, two thousand twenty-one and December thir-
ty-first, two thousand twenty-two is no less than the December thirti-
eth, two thousand twenty benchmark.
2. Each employer of any covered airport worker employed at a covered
airport location on or after January first, two thousand twenty-three
shall submit to the commissioner, in a form and manner proscribed by the
commissioner, a sworn statement affirming that such employer will
ensure, where applicable, that the proportion of covered airport workers
in each classification it employs to work an average of at least thirty
hours per week at a covered airport location is the same as such propor-
tion was compared to all workers in the same classification working at
such covered airport location in the calendar year two thousand nineteen
workforce. The commissioner shall publish a list of all covered classi-
fications with the corresponding proportions of all workers employed to
work an average of at least thirty hours a week compared to all workers
in the same classification employed to work at each covered airport
location in the calendar year two thousand nineteen. The commissioner
shall be empowered to promulgate rules or regulations to determine the
method and accounting for such information and to verify its accuracy,
including the ability to establish a presumed proportion where records
are missing or unavailable and provided further that such full-time
S. 3006--A 48 A. 3006--A
levels shall be no less than such December thirtieth, two thousand twen-
ty benchmark. If such proportion is not maintained, consistent with such
rules or regulations promulgated by the commissioner, then the hours
worked by such part time workers, which are outside of such proportion,
shall be subject to the provisions of this section as if they worked an
average of at least thirty hours per week at a covered airport location
and were otherwise a covered airport worker.
3. Each employer of a covered airport worker employed at a covered
airport location on December thirtieth, two thousand twenty and who is
working an average of at least thirty hours per week shall provide such
covered airport worker the ability to begin or change enrollment in an
eligible employer-sponsored plan as defined in treasury regulation
section 1.5000A-2(c)(1) for coverage beginning on July first, two thou-
sand twenty-one.
4. Each employer of any other covered airport worker at a covered
airport location shall provide such covered airport worker the ability
to begin or change enrollment in an eligible employer-sponsored plan as
defined in treasury regulation section 1.5000A-2(c)(1) for coverage
beginning no later than thirty days after becoming a covered airport
worker.]
§ [696-c.] 696-B. Minimum wage rate for covered airport workers. All
[covered] employers AT A COVERED AIRPORT LOCATION shall ensure that
every covered airport worker is compensated at a rate that is no less
than the applicable standard rate. Nothing in this article shall alter
or limit any employer's obligation to pay any otherwise applicable
prevailing wage under article eight or nine of this chapter.
§ [696-d.] 696-C. Commissioner's powers of investigation. The commis-
sioner or [his or her] SUCH COMMISSIONER'S authorized representative
shall have the power to:
1. investigate the compensation of covered airport workers in the
state;
2. enter the place of business or employment of any employer for the
purpose of (a) examining and inspecting any and all books, registers,
payrolls, and other records that in any way relate to or have a bearing
upon the compensation provided to, or the hours worked by any employees,
and (b) ascertaining whether the provisions of this article and the
rules and regulations promulgated hereunder are being complied with; and
3. require from any employer full and correct statements and reports
in writing, at such times as the commissioner may deem necessary, of the
compensation provided to and the hours by such employer's employees.
§ [696-e.] 696-D. Records of employers. For every employee covered by
this article, every employer shall establish, maintain, and preserve for
not less than six years contemporaneous, true, and accurate payroll
records showing for each week worked the hours worked, the compensation
provided, plus such other information as the commissioner deems material
and necessary. For all covered airport workers who are not exempt from
overtime compensation as established in the commissioner's minimum wage
orders or otherwise provided by law, rule, or regulation, the payroll
records shall include the compensation provided and the regular hourly
rate or rates of pay, the overtime rate or rates of pay, the number of
regular hours worked, the number of overtime hours worked and the cost
of benefits and/or benefit supplements. On demand, the employer shall
furnish to the commissioner or [his or her] SUCH COMMISSIONER'S duly
authorized representative a sworn statement of the hours worked, rate or
rates of compensation, for each covered airport worker, plus such other
information as the commissioner deems material and necessary. Every
S. 3006--A 49 A. 3006--A
employer shall keep such records open to inspection by the commissioner
or [his or her] SUCH COMMISSIONER'S duly authorized representative at
any reasonable time. Every employer of a covered airport worker shall
keep a digest and summary of this article which shall be prepared by the
commissioner, posted in a conspicuous place in [his or her] THEIR estab-
lishment and shall also keep posted such additional copies of said
digest and summary as the commissioner prescribes. Employers shall, on
request, be furnished with copies of this article and of orders, and of
digests and summaries thereof, without charge. Employers shall permit
the commissioner or [his or her] SUCH COMMISSIONER'S duly authorized
representative to question without interference any employee of such
employer in a private location at the place of employment and during
working hours in respect to the wages paid to and the hours worked by
such employee or other employees.
§ [696-f.] 696-E. Penalties. 1. If the commissioner finds that any
employer has violated any provision of this article or of a rule or
regulation promulgated thereunder, the commissioner may, after an oppor-
tunity for a hearing, and by an order which shall describe particularly
the nature of the violation, assess the employer a civil penalty of not
more than ten thousand dollars for the first such violation within six
years, not more than twenty thousand dollars for a second violation
within six years and not more than fifty thousand dollars for a third or
subsequent violation within six years. Such penalty shall be paid to the
commissioner for deposit in the treasury of the state. In assessing the
amount of the penalty, the commissioner shall give due consideration to
the size of the employer's business, the good faith [of the employer]
BASIS OF THE EMPLOYER TO BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE WITH
THE LAW, the gravity of the violation, the history of previous
violations and the failure to comply with record-keeping or other
requirements.
2. Any order issued under subdivision one of this section shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless the employer files a petition with the indus-
trial board of appeals for a review of the order, pursuant to section
one hundred one of this chapter.
3. The civil penalty provided for in this section shall be in addition
to and may be imposed concurrently with any other remedy or penalty
provided for in this chapter.
4. Upon a showing by an employee organization, the commissioner may
investigate by examining payroll records whether an employer withheld
hours of work to employees for the purpose of reducing the employer's
obligations under this article. If, after the opportunity for a hearing,
the commissioner determines that an employer withheld hours of work to
employees for the purpose of reducing the employer's obligations under
this article, the commissioner may, in addition to any other penalty
available, also require that the employer pay the [standard benefits
supplement] APPLICABLE STANDARD rate to all of the employer's employees,
regardless of the number of hours worked by the employees.
§ [696-g.] 696-F. Civil action. 1. On behalf of any employee paid
less than the applicable standard rate to which the employee is entitled
under the provisions of this article, the commissioner may bring any
legal action necessary, including administrative action, to collect such
claim, and the employer shall be required to pay the full amount of the
underpayment, plus costs, and unless the employer proves a good faith
basis to believe that its underpayment was in compliance with the law,
an additional amount as liquidated damages. Liquidated damages shall be
S. 3006--A 50 A. 3006--A
calculated by the commissioner as no more than one hundred percent of
the total amount of underpayments found to be due the employee. In any
action brought by the commissioner in a court of competent jurisdiction,
liquidated damages shall be calculated as an amount equal to one hundred
percent of underpayments found to be due the employee.
2. Notwithstanding any other provision of law, an action to recover
upon a liability imposed by this article must be commenced within six
years. The statute of limitations shall be tolled from the date an
employee files a complaint with the commissioner or the commissioner
commences an investigation, whichever is earlier, until an order to
comply issued by the commissioner becomes final, or where the commis-
sioner does not issue an order, until the date on which the commissioner
notifies the complainant that the investigation has concluded.
3. In any civil action by the commissioner, the commissioner shall
have the right to collect attorneys' fees and costs incurred in enforc-
ing any court judgment. Any judgment or court order awarding remedies
under this section shall provide that if any amounts remain unpaid upon
the expiration of ninety days following issuance of judgment, or ninety
days after expiration of the time to appeal and no appeal therefrom is
then pending, whichever is later, the total amount of judgment shall
automatically increase by fifteen percent.
§ [696-h.] 696-G. Regulations. [1.] The commissioner may promulgate
such regulations as [he or she] SUCH COMMISSIONER deems appropriate to
carry out the purposes of this article and to safeguard minimum compen-
sation standards.
§ [696-i.] 696-H. Savings clause. 1. If any provision of this article
or the application thereof to any person, occupation or circumstance is
held invalid, the remainder of the article and the application of such
provision to other persons, employees, occupations, or circumstances
shall not be affected thereby.
2. If any clause, sentence, paragraph, subdivision, section or part of
this article 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 judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this article would have been enacted even if such invalid provisions had
not been included herein.
[3. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged, whether by final judgment, a tempo-
rary restraining order, or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law, then the "stand-
ard benefits supplement rate" defined in subdivision six of section six
hundred ninety-six-a of this article shall immediately mean the follow-
ing:
(a) An hourly supplement of four dollars and fifty-four cents
furnished to an employee by providing at least four dollars and fifty-
four cents per hour beginning on July first, two thousand twenty-one in
one of the following ways: (i) in the form of health and/or other bene-
fits, not including paid leave, that cost the employer the entire
required hourly supplemental amount; (ii) by providing a portion of the
required hourly supplement in the form of health and/or other benefits,
not including paid leave, and the balance in cash; or (iii) by providing
the entire supplement in cash.
S. 3006--A 51 A. 3006--A
(b) The value of such supplement shall be no less than four dollars
and fifty-four cents per hour.
(c) The standard benefits supplement rate shall apply only to the
first forty hours worked by each covered airport worker in each week and
shall not apply to any overtime hours worked by any covered airport
worker.
(d) The standard benefits supplement rate shall apply to any paid
leave taken by a covered airport worker that does not exceed forty hours
in a week.
4. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged by any preliminary relief, including a
temporary restraining order or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law but is later
adjudged by the same court not to be preempted by federal law in a final
judgment, then the definition of "standard benefits supplement rate"
shall immediately revert to the definition stated in subdivision six of
section six hundred ninety-six-a of this article.]
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART U
Section 1. Subdivision 1-a of section 198 of the labor law, as amended
by chapter 362 of the laws of 2015, is amended to read as follows:
1-a. On behalf of any employee paid less than the wage to which [he or
she is] THEY ARE entitled under the provisions of this article, the
commissioner may bring any legal action necessary, including administra-
tive action, to collect such claim and as part of such legal action, in
addition to any other remedies and penalties otherwise available under
this article, the commissioner shall assess against the employer the
full amount of any such underpayment, and an additional amount as liqui-
dated damages, unless the employer proves a good faith basis for believ-
ing that its underpayment of wages was in compliance with the law.
Liquidated damages shall be calculated by the commissioner as no more
than one hundred percent of the total amount of wages found to be due,
except such liquidated damages may be up to three hundred percent of the
total amount of the wages found to be due for a willful violation of
section one hundred ninety-four of this article. In any action insti-
tuted in the courts upon a wage claim by an employee or the commissioner
in which the employee prevails, the court shall allow such employee to
recover the full amount of any underpayment, all reasonable attorney's
fees, prejudgment interest as required under the civil practice law and
rules, and, unless the employer proves a good faith basis to believe
that its underpayment of wages was in compliance with the law, an addi-
tional amount as liquidated damages equal to one hundred percent of the
total amount of the wages found to be due, except such liquidated
damages may be up to three hundred percent of the total amount of the
wages found to be due for a willful violation of section one hundred
ninety-four of this article. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, LIQUIDATED DAMAGES SHALL NOT BE APPLICABLE TO VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE WHERE THE EMPLOYER PAID THE EMPLOYEE WAGES ON A REGULAR PAYDAY,
NO LESS FREQUENTLY THAN SEMI-MONTHLY. SUCH VIOLATIONS SHALL BE SUBJECT
TO DAMAGES AS FOLLOWS:
S. 3006--A 52 A. 3006--A
(I) NO MORE THAN ONE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE
DUE FOR THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST
RATE FOR EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST
THEN IN EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL
SERVICES PURSUANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR THE
EMPLOYER'S FIRST VIOLATION; OR
(II) THREE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE DUE FOR
THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST RATE FOR
EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST THEN IN
EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSU-
ANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR ANY EMPLOYER SUBJECT TO
A PREVIOUS FINDING AND ORDER FOR SUCH VIOLATION OF PARAGRAPH A OF SUBDI-
VISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR WHICH
NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS
CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL
HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE SAME WORK; OR
(III) FOR CONDUCT OCCURRING AFTER THE EFFECTIVE DATE OF THIS PARA-
GRAPH, LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT OF THE TOTAL
AMOUNT OF WAGES FOUND TO BE DUE IN VIOLATION OF PARAGRAPH A OF SUBDIVI-
SION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR ANY
EMPLOYER WHO, AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, HAS BEEN
SUBJECT TO TWO OR MORE PREVIOUS FINDINGS AND ORDERS FOR VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE FOR WHICH NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS
PROVIDED IN THIS CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH
PROCEEDING SHALL HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE
SAME WORK.
FOR PURPOSES OF THIS SUBDIVISION, AN ORDER SHALL MEAN A SINGLE FINAL
ORDER OR DETERMINATION MADE BY THE COMMISSIONER OR A COURT OF COMPETENT
JURISDICTION, REGARDLESS OF THE NUMBER OF EMPLOYEES OR THE TIME PERIOD
THAT WAS SUBJECT TO SUCH ORDER.
§ 2. This act shall take effect immediately and shall apply to causes
of action pending or commenced on or after such date.
PART V
Section 1. Subdivision 3 of section 218 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner, or the deci-
sion of the industrial board of appeals containing the amount found to
be due including the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
THE COMMISSIONER SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS
OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDI-
TIONALLY, AT the request of an employee, the commissioner shall assign,
without consideration or liability, that portion of the filed order that
constitutes wages, wage supplements, interest on wages or wage supple-
ments, or liquidated damages due that employee, to that employee and may
S. 3006--A 53 A. 3006--A
file an assignment or order in that amount in the name of that employee
with the county clerk of the county where the employer resides or has a
place of business. The filing of such assignment, order or decision
shall have the full force and effect of a judgment duly docketed in the
office of such clerk. The assignment[, order or decision] may be
enforced [by and in the name of the commissioner, or] by the employee[,]
in the same manner, and with like effect, as that prescribed by the
civil practice law and rules for the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE COMMISSIONER'S OFFICIAL SEAL,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 2. Subdivision 3 of section 219 of the labor law, as amended by
chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner or the decision
of the industrial board of appeals containing the amount found to be
S. 3006--A 54 A. 3006--A
due, including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
OF THE CIVIL PRACTICE LAW AND RULES, BUT THE COMMISSIONER SHALL BE ENTI-
TLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employ-
ee, the commissioner shall assign, without consideration or liability,
that portion of the filed order that constitutes wages, wage supple-
ments, interest on wages or wage supplements, or liquidated damages due
the employee, to that employee and may file an assignment or order in
that amount in the name of such employee with the county clerk of the
county where the employer resides or has a place of business. The filing
of such assignment, order or decision shall have the full force and
effect of a judgment duly docketed in the office of such clerk. The
assignment[, order or decision] may be enforced [by and in the name of
the commissioner, or] by the employee[,] in the same manner, and with
like effect, as that prescribed by the civil practice law and rules for
the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE OFFICIAL SEAL OF THE COMMISSIONER,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
S. 3006--A 55 A. 3006--A
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 3. This act shall take effect immediately.
PART W
Section 1. Subdivision 1 of section 141 of the labor law, as amended
by chapter 642 of the laws of 1991, is amended to read as follows:
1. A. If the commissioner finds that an employer has violated any
provision of this article or of a rule or regulation promulgated there-
under, the commissioner may by an order which shall describe particular-
ly the nature of the violation, assess the employer a civil penalty of
not more than [one] TEN thousand dollars for the first such violation,
AT LEAST TWO THOUSAND BUT not more than [two] THIRTY thousand dollars
for a second violation, and AT LEAST TEN THOUSAND BUT not more than
[three] SEVENTY-FIVE thousand dollars for a third or subsequent
violation. Such penalty shall be paid to the commissioner for deposit in
the treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith of the employer TO BELIEVE THAT ITS CONDUCT WAS
IN COMPLIANCE WITH THE LAW, the gravity of the violation, the history of
previous violations and the failure to comply with record-keeping or
other requirements, provided, however, that where such violation
involves illegal employment during which a minor is seriously injured or
dies, such penalty shall be [treble the maximum penalty allowable under
the law for such violation] AT LEAST THREE THOUSAND DOLLARS BUT NOT MORE
THAN THIRTY THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION, AT LEAST SIX
THOUSAND BUT NOT MORE THAN NINETY THOUSAND DOLLARS FOR THE SECOND
VIOLATION, AND AT LEAST THIRTY THOUSAND DOLLARS BUT NOT MORE THAN TWO
HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE THIRD OR SUBSEQUENT
VIOLATION. For the purposes of this subdivision, a minor shall be
deemed to be seriously injured if such injury results in a permanent
partial or permanent total disability as determined by the workers'
compensation board.
B. THE DEPARTMENT MAY, AT THE DISCRETION OF THE COMMISSIONER, REDUCE
THE PENALTY FOR A VIOLATION WHEN SUCH VIOLATION DOES NOT RISK THE SAFETY
OR HEALTH OF THE EMPLOYED MINOR. REDUCTION OF THE PENALTY MAY APPLY IF
AN EMPLOYER AGREES TO:
(1) MAKE IMMEDIATE PAYMENT OF REDUCED PENALTY;
(2) HAVE MANAGEMENT COMPLETE A CHILD LABOR COMPLIANCE TRAINING
PREPARED BY THE DEPARTMENT;
(3) PROVIDE ITS EMPLOYEES WITH CHILD LABOR RESOURCES AND INFORMATION
AS SPECIFIED AND DIRECTED BY THE DEPARTMENT;
(4) SUBMIT A CERTIFIED STATEMENT THAT THE EMPLOYER WILL ONLY HIRE,
EMPLOY OR OTHERWISE PERMIT MINORS TO WORK IN POSITIONS AS PERMITTED BY
LAW, RULE OR REGULATION;
(5) DEVELOP AND SUBMIT A PLAN TO PREVENT FUTURE CHILD LABOR LAW
VIOLATIONS; AND
(6) SUBMIT RECORDS OVER A SUBSEQUENT TWELVE MONTH PERIOD AS REQUIRED
BY THE DEPARTMENT TO PROPERLY DEMONSTRATE THAT NO ADDITIONAL VIOLATIONS
OF THE CHILD LABOR PROVISIONS HAVE OCCURRED.
§ 2. Section 145 of the labor law, as added by chapter 660 of the laws
of 2005, is amended to read as follows:
S. 3006--A 56 A. 3006--A
§ 145. Criminal penalties. Any person who knowingly violates any
provision of this article and any officer or agent of a corporation who
knowingly permits the corporation to violate any such provisions shall
be guilty of a [misdemeanor] FELONY, and upon conviction therefor shall
be punished by a fine of not more than [five hundred] ONE THOUSAND
dollars or imprisonment for not more than [sixty days] ONE YEAR or by
both such fine and imprisonment for a first offense, or by a fine of not
more than [five] TEN thousand dollars or imprisonment for not more than
[one year] TWO YEARS, or by both such fine and imprisonment for a second
or subsequent offense.
§ 3. The penal law is amended by adding a new section 125.10-a to read
as follows:
§ 125.10-A CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER.
A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER,
WHEN ACTING AS THE EMPLOYER OF A CHILD UNDER THE AGE OF EIGHTEEN YEARS
OLD, WITH CRIMINAL NEGLIGENCE, SUCH PERSON CAUSES THE DEATH OF THE CHILD
IN THE COURSE OF THE EMPLOYMENT. FOR THE PURPOSES OF THIS SECTION, THE
PHRASE "ACTING AS THE EMPLOYER OF A CHILD", SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSTANCES WHERE THE DEFENDANT HAS EMPLOYED A CHILD IN
VIOLATION OF SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE
HUNDRED THIRTY-TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW.
CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER IS A CLASS D FELONY.
§ 4. The penal law is amended by adding a new section 260.12 to read
as follows:
§ 260.12 ENDANGERING THE WELFARE OF A CHILD WORKER.
A PERSON IS GUILTY OF CRIMINALLY ENDANGERING THE WELFARE OF A CHILD
WORKER WHEN SUCH PERSON KNOWINGLY EMPLOYS A CHILD IN VIOLATION OF
SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-
TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW, AND IN THE COURSE OF
THAT EMPLOYMENT THE CHILD SUFFERS PHYSICAL INJURY, SERIOUS PHYSICAL
INJURY, OR DEATH.
ENDANGERING THE WELFARE OF A CHILD WORKER IS A CLASS E FELONY.
§ 5. This act shall take effect immediately.
PART X
Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
§ 2. The labor law is amended by adding a new section 135 to read as
follows:
§ 135. DATABASE FOR EMPLOYMENT OF MINORS; EMPLOYEE REGISTRATION; MINOR
EMPLOYMENT CERTIFICATES. 1. CREATION OF DATABASE. THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF EDUCATION, SHALL CREATE AND MAINTAIN
A DATABASE FOR THE EMPLOYMENT OF MINORS. ALL INFORMATION PERTAINING TO
ANY EMPLOYER OR MINOR THAT IS SUBMITTED TO THE DEPARTMENT UNDER THIS
SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE ACCESSIBLE TO THE PUBLIC.
NOTHING HEREIN SHALL PREVENT THE COMMISSIONER FROM SHARING SUCH INFORMA-
TION FOR CIVIL OR CRIMINAL LAW ENFORCEMENT PURPOSES.
2. EMPLOYER REGISTRATION AND RENEWAL PROCESS. ANY EMPLOYER REQUIRED TO
BE REGISTERED UNDER THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH THE
INFORMATION SET FORTH IN THIS SECTION, AS WELL AS ANY ADDITIONAL INFOR-
MATION THAT THE DEPARTMENT MAY REQUIRE, IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ALSO SET FEES FOR
EMPLOYER REGISTRATION AND ANY RENEWAL THAT MAY BE REQUIRED BY THE
DEPARTMENT UNDER THIS SECTION.
3. EMPLOYER INFORMATION. EVERY EMPLOYER THAT HIRES, EMPLOYS, OR OTHER-
WISE PERMITS ANY MINOR UNDER THE AGE OF EIGHTEEN TO WORK FOR THE EMPLOY-
S. 3006--A 57 A. 3006--A
ER WITHIN THE STATE SHALL REGISTER IN THE DATABASE, IN THE FORM AND
MANNER PRESCRIBED BY THE DEPARTMENT, THE FOLLOWING INFORMATION:
(A) THE NAME OF THE EMPLOYER;
(B) THE EMAIL ADDRESS OF THE EMPLOYER;
(C) ANY LOCATION OF THE EMPLOYER'S BUSINESS OPERATIONS WITHIN THE
STATE, INCLUDING ANY LOCATION WHERE A MINOR WILL BE WORKING;
(D) THE NUMBER AND NAMES OF MINORS WHO ARE HIRED, EMPLOYED, OR OTHER-
WISE PERMITTED TO WORK FOR THE EMPLOYER;
(E) A CERTIFIED STATEMENT FROM THE EMPLOYER THAT THE EMPLOYER IS
HIRING, EMPLOYING, OR OTHERWISE PERMITTING MINORS TO WORK ONLY IN POSI-
TIONS FOR THE EMPLOYER AS PERMITTED BY LAW, RULE, OR REGULATION IN ORDER
TO ENSURE THEIR HEALTH, SAFETY, AND WELL-BEING; AND
(F) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
4. EMPLOYER RECORDKEEPING. AN EMPLOYER THAT IS REQUIRED TO BE REGIS-
TERED UNDER THIS SECTION SHALL, BEFORE EMPLOYMENT BEGINS, FILE AT THE
PLACE OF THE MINOR'S EMPLOYMENT SUCH EMPLOYMENT CERTIFICATE OR PERMIT SO
THAT IT MAY BE READILY ACCESSIBLE TO ANY PERSON AUTHORIZED BY LAW TO
EXAMINE SUCH DOCUMENT. AN EMPLOYER'S ELECTRONIC ACCESS TO SUCH EMPLOY-
MENT CERTIFICATE OR PERMIT IN THE DATABASE SHALL MEET THE REQUIREMENTS
OF THIS SUBDIVISION.
5. MINOR REGISTRATION. ANY MINOR UNDER THE AGE OF EIGHTEEN WHO PLANS
TO WORK FOR AN EMPLOYER WITHIN THE STATE SHALL COMPLETE A REGISTRATION
IN THE DATABASE FOR ANY EMPLOYMENT CERTIFICATE OR PERMIT. ALL INFORMA-
TION PERTAINING TO THE MINOR SHALL BE CONFIDENTIAL AND SHALL NOT BE
ACCESSIBLE BY THE PUBLIC. IF THE MINOR PLANS TO WORK FOR A DIFFERENT
EMPLOYER, OR FOR AN EMPLOYER IN ADDITION TO THE EMPLOYER FOR WHICH THE
MINOR FIRST REGISTERED, THE MINOR SHALL UPDATE THE MINOR'S REGISTRATION.
THE MINOR SHALL BE REQUIRED TO SUBMIT DOCUMENTATION FOR REGISTRATION IN
THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
6. ISSUANCE OF EMPLOYMENT CERTIFICATE OR PERMIT. ANY EMPLOYMENT
CERTIFICATE OR PERMIT ISSUED PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE
OF THE EDUCATION LAW SHALL BE ISSUED ELECTRONICALLY WITHIN THE DATABASE.
ANY APPLICATION FOR AN EMPLOYMENT CERTIFICATE OR PERMIT THAT IS MADE
PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE
MADE BY A MINOR ON A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION
AND APPROVED BY THE DEPARTMENT.
7. REGULATIONS. THE COMMISSIONER MAY PRESCRIBE REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 3. Subdivision 3 of section 3215-a of the education law, as amended
by chapter 1017 of the laws of 1971, is amended to read as follows:
3. Approval of form and contents. The commissioner of education shall
prescribe or approve the form and contents of all certificates, permits,
physical examination records, and schooling records required by part one
of this article. The form of such certificates and permits shall also be
subject to the approval of the [industrial] commissioner OF LABOR. ANY
EMPLOYMENT CERTIFICATE OR PERMIT ISSUED PURSUANT TO THIS PART SHALL BE
ISSUED ELECTRONICALLY WITHIN THE DATABASE CREATED AND MAINTAINED BY THE
DEPARTMENT OF LABOR, IN CONSULTATION WITH THE DEPARTMENT, PURSUANT TO
SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
§ 4. This act shall take effect two years after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
PART Y
S. 3006--A 58 A. 3006--A
Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and paragraphs
(a), (b) and (c) of subdivision 2 of section 26 of the veterans'
services law are amended to read as follows:
(a) A parent, [identified in 10 USC 1126 as a gold star parent,]
SPOUSE, OR MINOR CHILD of a [veteran] SERVICE MEMBER who [heretofore has
died or a parent of a veteran dying hereafter] DIED WHILE ON ACTIVE
DUTY, shall upon application to the state commissioner, be paid an annu-
al annuity out of the treasury of the state for the sum of five hundred
dollars for such term as such parent, SPOUSE, OR MINOR CHILD shall be
entitled thereto under the provisions of this article. Commencing in the
year two thousand nineteen, the amount of any annuity payable under this
section shall be the same amount as the annuity payable in the preceding
year plus a percentage adjustment equal to the annual percentage
increase, if any, for compensation and pension benefits administered by
the United States Department of Veterans Affairs in the previous year.
Such percentage increase shall be rounded up to the next highest one-
tenth of one percent and shall not be less than one percent nor more
than four percent. The commissioner of veterans' services, not later
than February first of each year, shall publish by any reasonable means,
including but not limited to posting on the department's website, the
amount of the annuity as adjusted payable under this section. The term
"parent" for the purposes of this section includes mother, father, step-
mother, stepfather, mother through adoption and father through adoption.
THE TERM "SPOUSE" FOR THE PURPOSES OF THIS SECTION INCLUDES NON-REMAR-
RIED SPOUSES AND REMARRIED SPOUSES. THE TERM "MINOR CHILD" FOR THE
PURPOSES OF THIS SECTION INCLUDES MINOR BIOLOGICAL, STEP, OR ADOPTED
CHILDREN, THROUGH THE DAY BEFORE THE CHILD'S EIGHTEENTH BIRTHDAY.
(b) The entitlement of any parent, SPOUSE, OR MINOR CHILD to receive
the annuity provided by paragraph (a) of this subdivision shall termi-
nate upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S death
or upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S ceasing
to continue to be a resident of and domiciled in the state of New York,
but such entitlement may be reinstated upon application to the state
commissioner, if such parent, SPOUSE, OR MINOR CHILD shall thereafter
resume [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S residence
and domicile in the state.
(c) The effective date of an award of the annuity to a parent, SPOUSE,
OR MINOR CHILD shall be the day after the date of death of the veteran
if the application therefor is received within one year from date of
death. If the application is received after the expiration of the first
year following the date of the death of the veteran, the effective date
of an award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be
the date of receipt of the application by the state commissioner. If the
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
(a) Any gold star parent, SPOUSE, OR MINOR CHILD, who is the parent,
SPOUSE, OR MINOR CHILD of a deceased veteran, and who is a resident of
and domiciled in the state of New York, shall make application to the
department.
(b) No entitlement shall be paid under this section to or for a gold
star parent, SPOUSE, OR MINOR CHILD who is in prison in a federal,
state, or local penal institution as a result of conviction of a felony
or misdemeanor for any part of the period beginning sixty-one days after
S. 3006--A 59 A. 3006--A
[his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S imprisonment
begins and ending with [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR
CHILD'S release.
(c) Where one or more gold star parents OR MINOR CHILDREN are disqual-
ified for the annuity for a period under paragraph (b) of this subdivi-
sion, the state commissioner shall pay the shares of such disqualified
parents to the other parents OR MINOR CHILDREN, if they meet the quali-
fications on their own.
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 1 of section 297 of the executive law, as
amended by chapter 304 of the laws of 2021, is amended to read as
follows:
1. Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by [himself or herself] SUCH PERSON or [his or her] SUCH
PERSON'S attorney-at-law, make, sign and file with the division a
complaint in writing under oath or by declaration which shall state the
name and address of the person alleged to have committed the unlawful
discriminatory practice complained of and which shall set forth the
particulars thereof and contain such other information as may be
required by the division. THE DIVISION MAY DESIGNATE A REQUIRED FORM
AND PROCEDURES FOR MAKING, SIGNING, AND FILING SUCH COMPLAINT. The
commissioner of labor or the attorney general, or the executive director
of the justice center for the protection of people with special needs,
or the division on its own motion may, in like manner, make, sign and
file such complaint. In connection with the filing of such complaint,
the attorney general is authorized to take proof, issue subpoenas and
administer oaths in the manner provided in the civil practice law and
rules. Any employer whose employees, or some of them, refuse or threaten
to refuse to cooperate with the provisions of this article, may file
with the division a verified complaint asking for assistance by concil-
iation or other remedial action.
§ 2. Paragraph c of subdivision 3 of section 297 of the executive law,
as amended by chapter 166 of the laws of 2000, is amended to read as
follows:
c. If the division finds that noticing the complaint for hearing would
be undesirable, the division may, in its unreviewable discretion, at any
time prior to a hearing before a hearing examiner, dismiss the complaint
on the grounds of administrative convenience. [However, in cases of
housing discrimination only, an administrative convenience dismissal
will not be rendered without the consent of the complainant.] The divi-
sion may, subject to judicial review, dismiss the complaint on the
grounds of untimeliness if the complaint is untimely or on the grounds
that the election of remedies is annulled.
§ 3. The state finance law is amended by adding a new section 80-b to
read as follows:
§ 80-B. DISCRIMINATION COMPLAINTS ESCROW FUND. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRARY,
THERE IS HEREBY ESTABLISHED IN THE SOLE CUSTODY OF THE DIVISION OF HUMAN
RIGHTS COMMISSIONER A TRUST AND AGENCY FUND, TO BE KNOWN AS THE
"DISCRIMINATION COMPLAINTS ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT
FISCAL YEAR LIMITATION.
2. THE DISCRIMINATION COMPLAINTS ESCROW FUND SHALL CONSIST OF CONCIL-
IATION FUNDS, SETTLEMENT FUNDS, AND ANY OTHER MONETARY AWARDS THE DIVI-
S. 3006--A 60 A. 3006--A
SION OF HUMAN RIGHTS RECEIVES FROM DISCRIMINATION COMPLAINT RESPONDENTS
FOR THE SOLE PURPOSE OF COMPENSATING THE CORRESPONDING COMPLAINANTS.
3. THE DIVISION OF HUMAN RIGHTS COMMISSIONER, OR SUCH COMMISSIONER'S
DESIGNEE, SHALL ONLY EXPEND DISCRIMINATION COMPLAINTS ESCROW FUND MONIES
FOR THE PURPOSES OF COMPENSATING A COMPLAINANT WHOSE CONCILIATION,
SETTLEMENT, OR AWARD MONIES WERE DEPOSITED INTO THE ESCROW FUND.
§ 4. Section 295 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. TO MANAGE THE DISCRIMINATION COMPLAINTS ESCROW FUND, INCLUDING BUT
NOT LIMITED TO AUTHORIZING THE RECEIPT OF FUNDS AND PAYMENT OF MONIES IN
ACCORDANCE WITH SECTION EIGHTY-B OF THE STATE FINANCE LAW.
§ 5. This act shall take effect immediately; provided, however, that
sections three and four of this act shall take effect on the thirtieth
day after it shall have become a law.
PART AA
Section 1. On or before September 1, 2025, the commissioner of educa-
tion shall submit a report to the governor, the speaker of the assembly,
and the temporary president of the senate providing information regard-
ing usage, budgeting, staffing, assets, and functions of the New York
state museum in a form and manner as determined by the director of the
budget. Such report shall include but not be limited to the following
information:
1. Annual statistics for state fiscal years 2004-05 through 2024-25
for the following categories:
(a) visitorship by month;
(b) philanthropic donations, either monetary or in-kind;
(c) school student visitorship;
(d) marketing, advertising, and promotional expenditures;
(e) staffing levels and expenditures for each office of the museum;
(f) capital expenditures;
(g) museum revenue from sources other than state aid; and
(h) balance of total revenues and operating expenses;
2. A summary of current agreements with other cultural institutions
regarding loan or exchange of collections;
3. Current collections on display and length of time on display;
4. Current collections in possession of the museum but not on display;
5. New collections scheduled to go on display in the next five years;
6. A listing of special events, exhibitions, tours, limited or travel-
ing displays, and other events not included in information regarding
normal displayed collections over the prior five years;
7. A listing of any ancillary services provided at the museum, includ-
ing but not limited to food service, retail, or walking tours; and
8. Usage over the prior five years of the state museum collection by
federal agencies, New York state agencies, local governments, and other
governmental entities, whether for display or research purposes.
§ 2. On or before September 1, 2026 and annually thereafter, the
commissioner shall submit a report to the governor, the speaker of the
assembly, and the temporary president of the senate including updated
information from the prior state fiscal year supplementing the informa-
tion provided in the report required by section one of this act.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
S. 3006--A 61 A. 3006--A
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.
2025-A3006B - Details
- See Senate Version of this Bill:
- S3006
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-A3006B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year; relates to contracts for excellence; relates to calculation of state aid to school districts; relates to a statewide dual enrollment policy
2025-A3006B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3006--B
I N A S S E M B L Y
January 22, 2025
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read once and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the education law, in relation to contracts for excel-
lence; to amend the education law, in relation to foundation aid; to
amend the education law, in relation to expenses of board of cooper-
ative educational services; to amend the education law, in relation to
aid for career education; to amend the education law, in relation to
aid for the purchase of school library materials; to amend the educa-
tion law, in relation to the establishment of a statewide dual enroll-
ment policy; to amend the education law, in relation to allowable
transportation expenses; to amend chapter 378 of the laws of 2010
amending the education law relating to paperwork reduction, in
relation to the effectiveness thereof; to amend chapter 121 of the
laws of 1996 authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, in relation to
apportionment for salary expenses; to amend the education law, in
relation to universal pre-kindergarten and the Statewide universal
full-day pre-kindergarten program; to amend the education law, in
relation to the apportionment of moneys for school aid; to amend chap-
ter 756 of the laws of 1992 relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to reimbursement for the 2025-2026 school
year withholding a portion of employment preparation education aid and
in relation to the effectiveness thereof; to amend the education law,
in relation to maximum class sizes for special classes for certain
students with disabilities; to amend 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, in relation to the effectiveness thereof; to amend chapter
537 of the laws of 1976, relating to paid, free and reduced price
breakfast for eligible pupils in certain school districts, in
relation to purchases of food products from New York state farm-
ers, growers, producers or processors; providing for special appor-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-03-5
A. 3006--B 2
tionment for salary expenses; providing for special apportionment for
public pension accruals; providing for set-asides from the state funds
which certain districts are receiving from the total foundation aid;
providing for support of public libraries; and to repeal certain
provisions of the education law relating to calculation of school aid
(Part A); to amend the education law, in relation to establishing a
universal free school meals program; and to repeal section 925 of the
education law relating to the community eligibility provision state
subsidy (Part B); intentionally omitted (Part C); to amend the educa-
tion law in relation to scholarships awarded to part-time students by
the New York state higher education services corporation; to amend the
education law, in relation to making conforming changes; to repeal
section 666 of the education law, relating to tuition awards for part-
time undergraduate students; and to repeal section 667-c-1 of the
education law relating to the New York state part-time scholarship
award program (Part D); to amend the education law, in relation to
excelsior scholarship awarded to students by the New York state higher
education services corporation (Part E); to amend the education law,
in relation to creating a New York college access program (Part F);
intentionally omitted (Part G); intentionally omitted (Part H); inten-
tionally omitted (Part I); intentionally omitted (Part J); inten-
tionally omitted (Part K); to amend the private housing finance law,
in relation to reduction of taxes pursuant to shelter rent (Part L);
intentionally omitted (Part M); to utilize reserves in the mortgage
insurance fund for various housing purposes (Part N); intentionally
omitted (Part O); to amend the social services law, in relation to
certification of child care support centers to place substitute care-
givers in licensed and registered child care programs (Part P); to
amend the social services law, in relation to enacting the "Increasing
Nutrition Support for Prenatal and Infant REsiliency ("INSPIRE") pilot
program"(Part Q); 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 R); to amend part W of chapter
54 of the laws of 2016 amending the social services law relating to
the powers and duties of the commissioner of social services relat-
ing to the appointment of a temporary operator, in relation to the
effectiveness thereof (Part S); intentionally omitted (Part T); inten-
tionally omitted (Part U); intentionally omitted (Part V); inten-
tionally omitted (Part W); to amend the labor law and the education
law, in relation to digitizing the process by which minors apply for
employment certificates or working papers; and to repeal certain
provisions of the labor law relating thereto (Part X); to amend the
veterans' services law, in relation to annuity to be paid to parents,
spouses, and minor children of service members who died while on
active duty; and requires the commissioner of veterans' services to
conduct an outreach program for eligible recipients of such annuity
(Part Y); intentionally omitted (Part Z); to require the submission of
an annual report on the New York state museum (Part AA); to amend the
real property law, in relation to establishing the homeowner
protection program (Part BB); to amend the public housing law, in
relation to establishing the housing access voucher program (Part CC);
to amend the public housing law and the public authorities law, in
relation to establishing the homeownership opportunity connection
program (Part DD); to amend the social services law, in relation to
increasing the amount certain individuals are eligible for when
receiving enhanced residential care (Part EE); to amend the labor law,
A. 3006--B 3
in relation to decreasing the length of the suspension period applica-
ble to certain striking workers who seek to obtain unemployment insur-
ance benefits (Part FF); to amend the education law, in relation to
the New York state district attorney and indigent legal services
attorney loan forgiveness program (Part GG); to amend the education
law, in relation to increasing the maximum income limits for the
excelsior scholarship and tuition assistance program awards (Part
HH); to amend the labor law, in relation to unemployment benefits
based on employment with certain educational institutions; and to
repeal certain provisions of such law relating thereto (Part II); 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 JJ); to amend the social services law, in
relation to implementing a cost estimation model for child care (Part
KK); to amend the labor law, in relation to the determination of rates
for unemployment insurance benefits (Part LL); to amend chapter 19 of
the laws of 2020, authorizing the commissioner of education and the
chancellor of the board of regents, with the approval of the board of
regents, to appoint monitors to oversee the Hempstead union free
school district, and authorizing the commissioner of education to
appoint a monitor to oversee the Hempstead union free school district
and establishing the powers and duties of such monitor, in relation to
extending the effectiveness thereof; to amend part C of chapter 56 of
the laws of 2020 directing the commissioner of education to appoint a
monitor for the Rochester city school district, establishing the
powers and duties of such monitor and certain other officers and
relating to the apportionment of aid to such school district, in
relation to extending the effectiveness thereof; and to amend chapter
18 of the laws of 2020 authorizing the commissioner of education to
appoint a monitor to oversee the Wyandanch union free school district
and establishing the powers and duties of such monitor, and authoriz-
ing deficit financing and an advance of aid payments for the Wyandanch
union free school district, in relation to extending the effectiveness
thereof (Part MM); and to amend the social services law, in relation
to establishing the New York coalition for child care; and providing
for the repeal of such provisions upon expiration thereof (Part NN)
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 2025-2026 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through NN. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
A. 3006--B 4
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
2024, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
A. 3006--B 5
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
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
A. 3006--B 6
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; provided, however, that, in a
city school district in a city having a population of one million or
more, notwithstanding the requirements of subparagraph (vi) of paragraph
a of subdivision two of this section, the contract for excellence shall
provide for the expenditure as set forth in subparagraph (v) of para-
graph a of subdivision two of this section. For purposes of this para-
graph, the "gap elimination adjustment percentage" shall be calculated
as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
A. 3006--B 7
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Paragraph p of subdivision 1 of section 3602 of the education law
is REPEALED.
§ 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
q of subdivision 1 of section 3602 of the education law, as amended by
section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
read as follows:
"Poverty count" shall mean the sum of the product of the [lunch]
ECONOMICALLY DISADVANTAGED STUDENT count multiplied by sixty-five
percent, plus the product of the [census] SAIPE count multiplied by
sixty-five percent, where:
(i) ["Lunch] "ECONOMICALLY DISADVANTAGED STUDENT count" shall mean the
product of the public school enrollment of the school district on the
date enrollment was counted in accordance with this subdivision for the
base year multiplied by the three-year average [free and reduced price
lunch percent] ECONOMICALLY DISADVANTAGED RATE; and
(ii) ["Census] "SAIPE count" shall mean the product of the public
school enrollment of the school district on the date enrollment was
counted in accordance with this subdivision for the base year multiplied
by the [census 2000 poverty] THREE-YEAR AVERAGE SMALL AREA INCOME AND
POVERTY ESTIMATE rate.
§ 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
of section 3602 of the education law are REPEALED.
§ 5. Paragraph kk of subdivision 1 of section 3602 of the education
law is REPEALED.
§ 6. Paragraph ll of subdivision 1 of section 3602 of the education
law, as added by section 11-a of part A of chapter 56 of the laws of
2021, is redesignated subparagraph (iv) of paragraph q of such subdivi-
sion 1 and is amended to read as follows:
(iv) (1) "Economically disadvantaged count" shall be equal to the
unduplicated count of all children registered to receive educational
services in grades kindergarten through twelve, including children in
ungraded programs who participate in, or whose family participates in,
economic assistance programs, such as the free or reduced-price lunch
programs, Social Security Insurance, Supplemental Nutrition Assistance
Program, Foster Care, Refugee Assistance (cash or medical assistance),
Earned Income Tax Credit (EITC), Home Energy Assistance Program (HEAP),
Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
rary Assistance for Needy Families (TANF).
(2) "Economically disadvantaged rate" shall mean the quotient arrived
at when dividing the economically disadvantaged count by public enroll-
ment as computed pursuant to subparagraph one of paragraph n of this
subdivision.
(3) "Three-year average economically disadvantaged rate" shall equal
the quotient of: (i) the sum of the economically disadvantaged count 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) the sum of
enrollment as computed pursuant to subparagraph one of paragraph n of
THIS subdivision [one of this section] for the school year prior to the
base year, plus such number for the school year two years prior to the
A. 3006--B 8
base year, plus such number for the school year three years prior to the
base year, [computed] ROUNDED to four decimals [without rounding].
§ 7. Paragraph mm of subdivision 1 of section 3602 of the education
law, as added by section 11-a of part A of chapter 56 of the laws of
2021, is redesignated subparagraph (iii) of paragraph q of such subdivi-
sion 1 and is amended to read as follows:
(iii) "Three-year average small area income and poverty estimate rate"
shall equal the quotient of: (i) the sum of the number of persons aged
five to seventeen within the school district, based on the small area
income and poverty estimates produced by the United States census
bureau, whose families had incomes below the poverty level for the
calendar year prior to the year in which the base year began, plus such
number for the calendar year two years prior to the year in which the
base year began, plus such number for the calendar year three years
prior to the year in which the base year began; divided by (ii) the sum
of the total number of persons aged five to seventeen within the school
district, based on such census bureau estimates, for the year prior to
the year in which the base year began, plus such total number for the
year two years prior to the year in which the base year began, plus such
total number for the year three years prior to the year in which the
base year began, [computed] ROUNDED to four decimals [without rounding].
§ 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2008, is amended to read as follows:
(2) a value computed by subtracting from one the product obtained by
multiplying the combined wealth ratio by sixty-four hundredths, PROVIDED
HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR
TOTAL FOUNDATION AID, THE TIER TWO VALUE SHALL BE COMPUTED BY SUBTRACT-
ING FROM ONE THE PRODUCT OBTAINED WHEN MULTIPLYING THE COMBINED WEALTH
RATIO BY SIX HUNDRED TWENTY-EIGHT THOUSANDTHS (0.628) AND SUCH VALUES
SHALL BE COMPUTED USING THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID IN PLACE OF THE COMBINED WEALTH RATIO; or
§ 9. The closing paragraph of subdivision 3 of section 3602 of the
education law, as amended by section 8 of part A of chapter 56 of the
laws of 2024, is amended to read as follows:
Such result shall be expressed as a decimal carried to three places
without rounding, but shall not be greater than ninety hundredths nor
less than zero, provided, however, that for the purpose of computing the
state sharing ratio for total foundation aid in the two thousand twen-
ty-four--two thousand twenty-five school year [and thereafter], such
result shall not be greater than ninety-one hundredths (0.91), AND THAT
FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDA-
TION AID IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-THREE
HUNDREDTHS (0.93).
§ 10. Intentionally omitted.
§ 10-a. Subdivision 4 of section 3602 of the education law is amended
by adding a new paragraph f to read as follows:
F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOU-
SAND TWENTY-SIX SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUNDA-
TION AID OR THE PRODUCT OF ONE AND TWENTY-NINE THOUSANDTHS (1.029)
MULTIPLIED BY THE FOUNDATION AID BASE.
A. 3006--B 9
§ 10-b. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 8 of part A of chapter 56 of the laws of
2022, 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 [fifty] SIXTY-FIVE
percent, plus, the poverty count and the sparsity count.
§ 10-c. Subparagraphs 2 and 4 of paragraph a of subdivision 4 of
section 3602 of the education law, subparagraph 2 as amended by section
9-b of part CCC of chapter 59 of the laws of 2018 and subparagraph 4 as
amended by section 3 of part A of chapter 56 of the laws of 2024, are
amended to read as follows:
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices (I) for the two thousand seven--two thousand
eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY-FOUR-
-TWO THOUSAND TWENTY-FIVE SCHOOL YEAR shall be as follows:
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
AND (II) FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND THEREAFTER SHALL BE AS FOLLOWS:
LABOR FORCE REGION INDEX
CAPITAL DISTRICT 1.124
SOUTHERN TIER 1.103
WESTERN NEW YORK 1.091
HUDSON VALLEY 1.337
LONG ISLAND/NYC 1.452
FINGER LAKES 1.141
CENTRAL NEW YORK 1.113
MOHAWK VALLEY 1.023
NORTH COUNTRY 1.000
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
A. 3006--B 10
prior to the base year in accordance with such provisions, divided by
three. The income wealth index shall be calculated pursuant to paragraph
d of subdivision three of this section, provided, however, that for the
purposes of computing the expected minimum local contribution the income
wealth index shall not be less than sixty-five percent (0.65) FOR THE
TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE AND PRIOR SCHOOL
YEARS, FORTY-FOUR PERCENT (0.44) FOR THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR, TWENTY-TWO PERCENT (0.22) FOR THE TWO
THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR, AND ZERO (0)
FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-
EIGHT SCHOOL YEAR AND THEREAFTER, and shall not be more than two hundred
percent (2.0). The selected actual valuation shall be calculated pursu-
ant to paragraph c of subdivision one of this section. Total wealth
foundation pupil units shall be calculated pursuant to paragraph h of
subdivision two of this section.
§ 10-d. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by chapter 130 of the laws of 2022, is amended to read
as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, including
approved expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant to
section eleven hundred ten of the public health law provided that such
expenses for testing of potable water systems are not reimbursable from
another state or federal source, except that that part of the salary
paid any teacher, supervisor or other employee of the board of cooper-
ative educational services which is, (I) FOR THE TWO THOUSAND TWENTY-
FOUR--TWO THOUSAND TWENTY-FIVE AND PRIOR SCHOOL YEARS, in excess of
thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
TY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR IN EXCESS OF FORTY THOUSAND
DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO THOU-
SAND TWENTY-SEVEN SCHOOL YEAR, IN EXCESS OF FIFTY THOUSAND DOLLARS, (IV)
FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-
EIGHT SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY THOUSAND DOLLARS,
shall not be such an approved expense, and except also that administra-
tive and clerical expenses shall not exceed ten percent of the total
expenses for purposes of this computation. Any gifts, donations or
interest earned by the board of cooperative educational services or on
behalf of the board of cooperative educational services by the dormitory
authority or any other source shall not be deducted in determining the
cost of services allocated to each component school district. Any
payments made to a component school district by the board of cooperative
educational services pursuant to subdivision eleven of section six-p of
the general municipal law attributable to an approved cost of service
computed pursuant to this subdivision shall be deducted from the cost of
services allocated to such component school district. The expense of
transportation provided by the board of cooperative educational services
pursuant to paragraph q of subdivision four of this section shall be
eligible for aid apportioned pursuant to subdivision seven of section
thirty-six hundred two of this chapter and no board of cooperative
educational services transportation expense shall be an approved cost of
services for the computation of aid under this subdivision. Transporta-
tion expense pursuant to paragraph q of subdivision four of this section
shall be included in the computation of the ten percent limitation on
administrative and clerical expenses.
A. 3006--B 11
§ 10-e. Paragraph b of subdivision 10 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
b. (1) Aid for career education. There shall be apportioned to such
city school districts and other school districts which were not compo-
nents of a board of cooperative educational services in the base year
for pupils in grades [ten] NINE through twelve in attendance in career
education programs as such programs are defined by the commissioner,
subject for the purposes of this paragraph to the approval of the direc-
tor of the budget, an amount for each such pupil to be computed by
multiplying the career education aid ratio by three thousand nine
hundred dollars. Such aid will be payable for weighted pupils attending
career education 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.
(2) Weighted pupils for the purposes of this paragraph shall mean the
sum of THE PRODUCT OF the attendance of STUDENTS IN GRADE NINE MULTI-
PLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR PLUS THE ATTENDANCE OF
students in grades ten through twelve in career education sequences in
trade, industrial, technical, agricultural or health programs plus the
product of sixteen hundredths multiplied by THE SUM OF THE PRODUCT OF
the attendance of STUDENTS IN GRADE NINE MULTIPLIED BY THE SPECIAL
SERVICES PHASE-IN FACTOR PLUS THE ATTENDANCE OF students in grades ten
through twelve in career education sequences in business and marketing
as defined by the commissioner in regulations; PROVIDED THAT THE SPECIAL
SERVICES PHASE-IN FACTOR SHALL BE (I) FOR THE TWO THOUSAND TWENTY-FIVE-
-TWO THOUSAND TWENTY-SIX SCHOOL YEAR, THIRTY-THREE PERCENT (0.33), (II)
FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR,
SIXTY-SIX PERCENT (0.66), (III) FOR THE TWO THOUSAND TWENTY-SEVEN--TWO
THOUSAND TWENTY-EIGHT SCHOOL YEAR AND THEREAFTER, ONE HUNDRED PERCENT
(1.0).
(3) 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.
(4) Any school district that receives aid pursuant to this paragraph
shall be required to use such amount to support career education
programs in the current year.
(5) A board of education which spends less than its local funds as
defined by regulations of the commissioner for career education in the
base year during the current year shall have its apportionment under
this subdivision reduced in an amount equal to such deficiency in the
current or a succeeding school year, provided however that the commis-
sioner may waive such reduction upon determination that overall expendi-
tures per pupil in support of career education programs were continued
at a level equal to or greater than the level of such overall expendi-
tures per pupil in the preceding school year.
§ 10-f. Subdivision 3 of section 711 of the education law, as amended
by section 7 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
3. No school district shall be required to purchase or otherwise
acquire school library materials, the cost of which shall exceed an
amount equal to the library materials factor multiplied by the sum of
the public school district enrollment and the nonpublic school enroll-
A. 3006--B 12
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six hundred two of this
chapter. For aid payable in the nineteen hundred ninety-eight--nineteen
hundred ninety-nine school year, the library materials factor shall be
four dollars. For aid payable in the two thousand seven--two thousand
eight THROUGH THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
school year [and thereafter], the library materials factor shall be six
dollars and twenty-five cents. FOR AID PAYABLE IN THE TWO THOUSAND
TWENTY-FIVE--TWO THOUSAND TWENTY-SIX AND THEREAFTER, THE LIBRARY MATERI-
ALS FACTOR SHALL BE ELEVEN DOLLARS AND FIFTY CENTS.
§ 11. The education law is amended by adding a new section 319 to read
as follows:
§ 319. ESTABLISHMENT OF DUAL ENROLLMENT PROGRAM POLICY. 1. FOR
PURPOSES OF THIS SECTION:
(A) "DUAL ENROLLMENT PROGRAM" MEANS ANY PROGRAM THAT IS A PARTNERSHIP
BETWEEN AT LEAST ONE SCHOOL AND AT LEAST ONE INSTITUTION OF HIGHER
EDUCATION THAT PROVIDES HIGH SCHOOL STUDENTS WITH THE OPPORTUNITY TO
ENROLL IN COLLEGE COURSES AND EARN TRANSFERABLE COLLEGE CREDIT FROM THE
INSTITUTION OR INSTITUTIONS WHILE COMPLETING HIGH SCHOOL GRADUATION AND
DIPLOMA REQUIREMENTS.
(B) "SCHOOL" MEANS A CHARTER SCHOOL, A SCHOOL DISTRICT, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
2. THE COMMISSIONER SHALL ADOPT A STATEWIDE POLICY OUTLINING THE STAN-
DARDS FOR DUAL ENROLLMENT PROGRAMS IN NEW YORK STATE AND GUIDELINES FOR
PARTICIPATION AND DATA REPORTING.
3. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT SCHOOLS AND HIGHER EDUCATION INSTITUTIONS ANNUALLY
SUBMIT TO THE DEPARTMENT DATA REGARDING PARTICIPATION IN AND OUTCOMES OF
DUAL ENROLLMENT PROGRAMS IN A FORM AND MANNER DETERMINED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. THE DEPARTMENT
SHALL ANNUALLY PUBLISH SUCH DATA ON ITS PUBLIC WEBSITE NO LATER THAN
JANUARY FIRST IN THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH THE
DATA IS APPLICABLE.
4. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT, BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, ALL
SCHOOLS PARTICIPATING IN A DUAL ENROLLMENT PROGRAM SHALL SUBMIT TO THE
DEPARTMENT A PARTNERSHIP AGREEMENT WITH THE INSTITUTION OR INSTITUTIONS
OF HIGHER EDUCATION WITH WHICH THEY ARE PARTNERED. SUCH PARTNERSHIP
AGREEMENTS SHALL ESTABLISH THE SCOPE AND TERMS OF THE DUAL ENROLLMENT
PROGRAM, AS WELL AS A PROTOCOL FOR COLLECTING, SHARING, AND REPORTING
ANY DATA REQUIRED BY THE COMMISSIONER PURSUANT TO THIS SECTION. PARTNER-
SHIP AGREEMENTS SHALL BE CONSISTENT WITH THE POLICY ADOPTED BY THE
COMMISSIONER PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND SHALL
CONTAIN SUCH OTHER PROVISIONS AS MAY BE REQUIRED BY THE COMMISSIONER.
THE PARTNERSHIP AGREEMENTS SHALL BE UPDATED AND RESUBMITTED NO LESS THAN
ONCE EVERY FIVE YEARS. THE COMMISSIONER SHALL DEVELOP AND MAKE PUBLICLY
AVAILABLE THE REQUIRED PARTNERSHIP AGREEMENT FORM FOR SCHOOLS AND HIGHER
EDUCATION INSTITUTIONS NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMIS-
SIONER, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCEL-
LOR OF THE CITY UNIVERSITY OF NEW YORK, AND THE GOVERNOR SHALL JOINTLY
ESTABLISH DATA POINTS TO BE SUBMITTED PURSUANT TO THIS SECTION.
§ 12. Intentionally omitted.
A. 3006--B 13
§ 12-a. Subdivision 4 of section 3627 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2024, 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 [and
thereafter] 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 THERE-
AFTER SUCH AID SHALL BE LIMITED TO THE MAXIMUM AMOUNT OF AID FROM THE
BASE YEAR PLUS THE PRODUCT OF (A) THE MAXIMUM AMOUNT OF AID UNDER THIS
SUBDIVISION FROM THE BASE YEAR, MULTIPLIED BY (B) THE PRODUCT OF TWO AND
ONE-HALF, FURTHER MULTIPLIED BY (C) THE POSITIVE DIFFERENCE OF THE
PERSONAL INCOME GROWTH INDEX AS DEFINED IN PARAGRAPH BB OF SUBDIVISION
ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE LESS ONE. For
purposes of this subdivision, "base amount" means the amount of trans-
portation aid paid to the school district for expenditures incurred in
the two thousand twelve--two thousand thirteen school year for transpor-
tation that would have been eligible for aid pursuant to this section
had this section been in effect in such school year, except that subdi-
vision 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.
§ 12-b. Section 11 of chapter 378 of the laws of 2010 amending the
education law relating to paperwork reduction, as amended by section 1
of item FF of subpart B of part XXX of chapter 58 of the laws of 2020,
is amended to read as follows:
§ 11. This act shall take effect immediately; provided, however, that
the commissioner of education shall promulgate any rules or regulations
necessary to implement the provisions of this act on or before July 1,
2010; provided, further that if section ten of this act shall take
effect after July 1, 2010 it shall be deemed to have been in full force
A. 3006--B 14
and effect on and after July 1, 2010; and provided further that section
ten of this act shall expire and be deemed repealed [on] June 30, [2025]
2030.
§ 13. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 14 of part A of chapter 56 of the laws of
2024, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX 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.
§ 14. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 15 of part A of chapter 56 of the
laws of 2024, 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-four] TWENTY-FIVE--two thousand [twenty-five] TWENTY-
SIX school year equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 14-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 36-a of part A of
chapter 56 of the laws of 2024, 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-
A. 3006--B 15
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 2024-25 school year] AND THEREAFTER, four million dollars
($4,000,000)[; for the 2025-26 school year, three million dollars
($3,000,000); for the 2026-27 school year, two million dollars
($2,000,000); for the 2027-28 school year, one million dollars
($1,000,000); and for the 2028-29 school year, zero dollars]. Such
annual application shall be made after the board of education has
adopted a resolution to do so with the approval of the commissioner of
education.
§ 15. Subdivision 16 of section 3602-ee of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-five] TWENTY-SIX; provided that the program shall continue and
remain in full effect.
§ 15-a. Subparagraph (i) of paragraph b of subdivision 10 of section
3602-e of the education law, as amended by section 23-c of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
(i) "Selected aid per prekindergarten pupil" shall equal the greater
of (A) the product of five-tenths and the school district's selected
foundation aid for the current year, or (B) FIVE THOUSAND DOLLARS
($5,000), OR (C) the aid per prekindergarten pupil calculated pursuant
to this subdivision for the two thousand six-two thousand seven school
year, based on data on file for the school aid computer listing produced
by the commissioner in support of the enacted budget for the two thou-
sand six--two thousand seven school year and entitled "SA060-7"[;
provided, however, that in the two thousand eight--two thousand nine
school year, a city school district in a city having a population of one
million inhabitants or more shall not be eligible to select aid per
prekindergarten pupil pursuant to clause (A) of this subparagraph];
§ 15-b. Subdivision 20 of section 3602-e of the education law is
amended by adding a new paragraph c to read as follows:
C. TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR.
THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWENTY-
FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR SHALL BE EQUAL TO THE POSITIVE
DIFFERENCE, IF ANY, OF THE AMOUNT A DISTRICT IS ELIGIBLE TO RECEIVE
UNDER SUBPARAGRAPH (IX) OF THE OPENING PARAGRAPH OF SUBDIVISION TEN OF
THIS SECTION FOR THE BASE YEAR, LESS THE PRODUCT OF (I) THE SUM OF (1)
ELIGIBLE HALF-DAY THREE-YEAR-OLD PREKINDERGARTEN PUPILS WEIGHTED AT 0.5
AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS
SUBDIVISION, PLUS (2) ELIGIBLE FULL-DAY THREE-YEAR-OLD PREKINDERGARTEN
PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION, PLUS (3) ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGAR-
TEN PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH
(III) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS (4) ELIGIBLE FULL-DAY
FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPAR-
AGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, MULTIPLIED BY (II) TEN
THOUSAND DOLLARS ($10,000).
§ 16. Intentionally omitted.
§ 17. The opening paragraph of section 3609-a of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
A. 3006--B 16
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX 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
paragraph b of subdivision four of section ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision five of
section ninety-seven-nnnn of the state finance law, less any grants
provided pursuant to subdivision twelve of section thirty-six hundred
forty-one of this article, or (ii) the apportionment calculated by the
commissioner based on data on file at the time the payment is processed;
provided however, that for the purposes of any payments made pursuant to
this section prior to the first business day of June of the current
year, moneys apportioned shall not include any aids payable pursuant to
subdivisions six and fourteen, if applicable, of section thirty-six
hundred two of this part as current year aid for debt service on bond
anticipation notes and/or bonds first issued in the current year or any
aids payable for full-day kindergarten for the current year pursuant to
subdivision nine of section thirty-six hundred two of this part. The
definitions of "base year" and "current year" as set forth in subdivi-
sion one of section thirty-six hundred two of this part shall apply to
this section. For aid payable in the two thousand [twenty-four] TWENTY-
FIVE--two thousand [twenty-five] TWENTY-SIX school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled ["SA242-5"] "SA252-6".
§ 18. 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
27 of part A of chapter 56 of the laws of 2024, 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
A. 3006--B 17
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, [and] 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 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
NINETEEN DOLLARS AND FIFTY-FIVE CENTS PER CONTACT HOUR, and where a
contact hour represents sixty minutes of instruction services provided
to an eligible adult. Notwithstanding any other provision of law to the
contrary, for the 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); for the 2021--2022 school year such
contact hours shall not exceed one million four hundred sixteen thousand
one hundred twenty-two (1,416,122); 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 thou-
sand nine hundred seventy-five (1,342,975); [and] 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). Notwithstanding any other provision of law to the contra-
ry, 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.
§ 19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion dd to read as follows:
DD. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2025--2026 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).
§ 20. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2025] 2026.
§ 21. Subdivision 6 of section 4402 of the education law, as amended
by section 25 of part A of chapter 56 of the laws of 2024, is amended to
read as follows:
A. 3006--B 18
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-five] TWENTY-SIX, 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.
§ 22. 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 26 of part A of chapter 56 of the laws
of 2024, 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,
[2025] 2026 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, [2025] 2026;
§ 22-a. 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
A. 3006--B 19
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
farmers, growers, producers or processors in the preceding school year.
COMMENCING JULY 1, 2025, 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.
§ 23. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2026 and not later than the last day of the third full
business week of June 2026, 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, 2026, for salary expenses incurred between April 1 and
June 30, 2025 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)
A. 3006--B 20
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.
§ 24. 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, 2026, 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, 2026 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
A. 3006--B 21
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.
§ 25. 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 2025--2026 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
A. 3006--B 22
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 2025--2026 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
2025--2026 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 2025--2026 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
A. 3006--B 23
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.
§ 26. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2025 enacting
the aid to localities budget shall be apportioned for the 2025--2026
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 2025--2026
by a chapter of the laws of 2025 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 27. 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.
§ 28. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025, provided,
however, that:
1. Sections one, two, three, four, five, six, seven, eight, nine, ten,
twelve-a, thirteen, fourteen, fourteen-a, fifteen, seventeen, twenty-one
and twenty-five of this act shall take effect July 1, 2025; and
2. The amendments to chapter 756 of the laws of 1992 made by sections
eighteen and nineteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 915-a
to read as follows:
A. 3006--B 24
§ 915-A. UNIVERSAL FREE SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE
ALL SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE
STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
AND LUNCH AT NO COST TO THE STUDENT. SCHOOL DISTRICTS, CHARTER SCHOOLS
AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL
BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL COMMU-
NITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE
NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT THAT, IN
THE OPINION OF THE DEPARTMENT, MAXIMIZES FEDERAL FUNDING FOR MEALS
SERVED IN SUCH PROGRAMS. PROVIDED THAT SCHOOL FOOD AUTHORITIES THAT DO
NOT QUALIFY AS A SINGLE ENTITY TO PARTICIPATE IN THE COMMUNITY ELIGIBIL-
ITY PROVISION SHALL BE REQUIRED TO GROUP SCHOOLS WITHIN THE SCHOOL FOOD
AUTHORITY, TO THE EXTENT POSSIBLE, FOR PURPOSES OF MAXIMIZING PARTIC-
IPATION IN THE COMMUNITY ELIGIBILITY PROVISION, AND PROVIDED FURTHER
THAT SCHOOL FOOD AUTHORITIES SHALL REAPPLY ANNUALLY FOR THE COMMUNITY
ELIGIBILITY PROVISION PROGRAM IN THE EVENT THAT DOING SO WOULD RESULT IN
A HIGHER PERCENTAGE OF MEALS BEING REIMBURSED AT THE FEDERAL REIMBURSE-
MENT RATE FOR A FREE MEAL.
2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, FOR EACH BREAKFAST AND
LUNCH MEAL SERVED, THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD
AUTHORITY THE DIFFERENCE BETWEEN (A) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A REDUCED-PRICE OR PAID MEAL, RESPECTIVELY, FOR
THE CURRENT SCHOOL YEAR AND (B) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED
THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL EQUAL THE
COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE
CURRENT SCHOOL YEAR.
3. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, SHALL PROMULGATE ANY RULE OR REGULATION NEEDED
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN
PARENTAL RELATION TO A STUDENT BY PROVIDING EITHER APPLICATION ASSIST-
ANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED TO THE
DEPARTMENT BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO MAXI-
MIZE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE SCHOOL MEALS.
4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
ASSIST SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE
TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPER-
ATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:
(A) ASSISTING SCHOOL FOOD AUTHORITIES WITH ONE OR MORE SCHOOLS QUALI-
FYING FOR THE COMMUNITY ELIGIBILITY PROVISION IN MEETING ANY STATE AND
FEDERAL REQUIREMENTS NECESSARY IN ORDER TO MAXIMIZE REIMBURSEMENT
THROUGH THE COMMUNITY ELIGIBILITY PROVISION, INCLUDING ASSISTING SUCH
SCHOOL FOOD AUTHORITIES IN MAXIMIZING PARTICIPATION IN THE COMMUNITY
ELIGIBILITY PROVISION.
(B) IF A SCHOOL FOOD AUTHORITY IS INELIGIBLE TO PARTICIPATE IN AND
RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION,
ASSISTING THE SCHOOL FOOD AUTHORITY IN ACHIEVING AND MAXIMIZING ELIGI-
BILITY AND, IF THAT IS NOT FEASIBLE, ASSISTING THE SCHOOL FOOD AUTHORITY
IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL
A. 3006--B 25
FEDERAL PROVISIONS AVAILABLE TO SCHOOLS TO MAXIMIZE FEDERAL REIMBURSE-
MENT.
5. SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS SHALL
MAXIMIZE THE NUMBER OF STUDENTS ELIGIBLE FOR FREE MEALS BY CONDUCTING
THE DIRECT CERTIFICATION MATCHING PROCESS AT A MINIMUM OF THREE TIMES
PER YEAR, DESIGNATING CHILDREN AS "OTHER SOURCE CATEGORICALLY ELIGIBLE",
AS DEFINED BY FEDERAL REGULATIONS, OR, FOR SCHOOLS NOT PARTICIPATING IN
THE COMMUNITY ELIGIBILITY PROVISION OR PROVISION 2, BY ANNUALLY COLLECT-
ING THE FREE AND REDUCED-PRICE MEAL APPLICATION.
§ 2. Section 925 of the education law is REPEALED.
§ 3. This act shall take effect July 1, 2025.
PART C
Intentionally Omitted
PART D
Section 1. Section 666 of the education law is REPEALED.
§ 2. Paragraph a of subdivision 2 of section 667-c of the education
law, as amended by section 1 of part E of chapter 56 of the laws of
2022, is amended to read as follows:
a. for students defined in paragraph a of subdivision one of this
section, a part-time student is one who: (i) IS enrolled [as a first-
time freshman during the two thousand six--two thousand seven academic
year or thereafter] at a college or university within the state univer-
sity, including a statutory or contract college, a community college
established pursuant to article one hundred twenty-six of this chapter,
the city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
(ii) is enrolled for at least [six] THREE but less than twelve semes-
ter hours, or the equivalent, per semester in an approved undergraduate
degree program; and
(iii) has a cumulative grade-point average of at least 2.00.
§ 3. Section 667-c-1 of the education law is REPEALED.
§ 4. Paragraph c of subdivision 5 of section 610 of the education law,
as added by chapter 425 of the laws of 1988, is amended to read as
follows:
c. Any semester, quarter or term of attendance during which a student
receives an award for part-time study pursuant to this section shall be
counted as one-half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility for tuition assistance awards
pursuant to [sections six hundred sixty-six and] SECTION six hundred
sixty-seven of this chapter.
§ 5. Subdivision 2 of section 667 of the education law, as amended by
chapter 376 of the laws of 2019, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. An
A. 3006--B 26
undergraduate 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 [his or her] THE 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. Any semester, quarter, or term of attendance during which
a student receives any award under this article, after the effective
date of the former scholar incentive program and prior to academic year
nineteen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this subpart shall be counted as one-half of a semester,
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
sixty-seven-a of this subpart shall not be counted toward the maximum
term of eligibility under this section.
§ 6. This act shall take effect immediately and shall apply to academ-
ic years 2025-2026 and thereafter.
PART E
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted [beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter] to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
[five thousand five hundred dollars or] actual tuition[, whichever is
less]; provided, however, (a) a student who receives educational grants
and/or scholarships that cover the student's full cost of attendance
shall not be eligible for an award under this program; and (b) an award
under this program shall be applied to tuition after the application of
payments received under the tuition assistance program pursuant to
section six hundred sixty-seven of this subpart, tuition credits pursu-
ant to section six hundred eighty-nine-a of this article, federal Pell
grant pursuant to section one thousand seventy of title twenty of the
United States code, et seq., and any other program that covers the cost
of attendance unless exclusively for non-tuition expenses, and the award
under this program shall be reduced in the amount equal to such
payments, provided that the combined benefits do not exceed [five thou-
sand five hundred dollars. Upon notification of an award under this
program, the institution shall defer the amount of tuition. Notwith-
standing paragraph h of subdivision two of section three hundred fifty-
five and paragraph (a) of subdivision seven of section six thousand two
hundred six of this chapter, and any other law, rule or regulation to
the contrary,] the RESIDENT undergraduate tuition charged by [the insti-
tution to recipients of an award shall not exceed the tuition rate
established by the institution for the two thousand sixteen--two thou-
sand seventeen academic year provided, however, that in the two thousand
twenty-two--two thousand twenty-three academic year and every year ther-
A. 3006--B 27
eafter, the undergraduate tuition charged by the institution to recipi-
ents of an award shall be reset to equal the tuition rate established by
the institution for the forthcoming academic year, provided further that
the tuition credit calculated pursuant to section six hundred eighty-
nine-a of this article shall be applied toward the tuition rate charged
for recipients of an award under this program. Provided further that]
the state university of New York [and the city university of New York
shall provide an additional tuition credit to students receiving an
award to cover the remaining cost of tuition].
§ 2. This act shall take effect immediately and shall be applicable to
academic years 2025-2026 and thereafter.
PART F
Section 1. The education law is amended by adding a new section 6311
to read as follows:
§ 6311. NEW YORK COLLEGE ACCESS PROGRAM (NYCAP). 1. ELIGIBILITY. A
NEW YORK COLLEGE ACCESS PROGRAM (NYCAP) AWARD SHALL BE MADE TO AN APPLI-
CANT WHO MEETS ALL OF THE FOLLOWING CONDITIONS:
(A) HAS APPLIED FOR A NEW YORK STATE TUITION ASSISTANCE PROGRAM AWARD
PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER, A FEDERAL
PELL GRANT PURSUANT TO SECTION ONE THOUSAND SEVENTY OF TITLE TWENTY OF
THE UNITED STATES CODE, ET SEQ., AND ANY OTHER APPLICABLE FINANCIAL AID;
(B) IS MATRICULATED IN A DEGREE-GRANTING PROGRAM LEADING TO AN ASSOCI-
ATE DEGREE AT A COMMUNITY COLLEGE OR AN AGRICULTURAL AND TECHNICAL
COLLEGE OF THE STATE UNIVERSITY OF NEW YORK OR A COMMUNITY COLLEGE OR
SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK;
(C) IS ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO
GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS AT THE COLLEGE IN WHICH
THE APPLICANT IS MATRICULATED; AND
(D) HAS NOT PREVIOUSLY OBTAINED AN ASSOCIATE DEGREE FOR WHICH PAYMENT
OF AN AWARD WAS RECEIVED PURSUANT TO THIS SECTION.
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. AWARDS
SHALL BE GRANTED IN AN AMOUNT UP TO ACTUAL TUITION; PROVIDED, HOWEVER,
(A) A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT
COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN
AWARD UNDER THIS PROGRAM; AND (B) AN AWARD UNDER THIS PROGRAM SHALL BE
APPLIED TO TUITION AFTER THE APPLICATION OF PAYMENTS RECEIVED UNDER THE
TUITION ASSISTANCE PROGRAM PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN
OF THIS CHAPTER, TUITION CREDITS PURSUANT TO SECTION SIX HUNDRED EIGHT-
Y-NINE-A OF THIS CHAPTER, FEDERAL PELL GRANT PURSUANT TO SECTION ONE
THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE, ET SEQ., AND
ANY OTHER PROGRAM THAT COVERS THE COST OF ATTENDANCE UNLESS EXCLUSIVELY
FOR NON-TUITION EXPENSES, AND THE AWARD UNDER THIS PROGRAM SHALL BE
REDUCED IN THE AMOUNT EQUAL TO SUCH PAYMENTS, PROVIDED THAT THE COMBINED
BENEFITS DO NOT EXCEED THE ACTUAL COST OF RESIDENT TUITION.
3. ADDITIONAL PROVISIONS. AN ELIGIBLE RECIPIENT SHALL COMPLETE AT
LEAST SIX CREDITS PER SEMESTER, FOR A TOTAL OF AT LEAST TWELVE CREDITS
PER ACADEMIC YEAR. AN ELIGIBLE RECIPIENT SHALL BE CONTINUOUSLY ENROLLED
WITHOUT A GAP OF MORE THAN ONE ACADEMIC YEAR, PROVIDED THAT SUCH DURA-
TION MAY BE EXTENDED FOR AN ALLOWABLE INTERRUPTION OF STUDY INCLUDING,
BUT NOT LIMITED TO, DEATH OF A FAMILY MEMBER, MEDICAL LEAVE, MILITARY
SERVICE, AND PARENTAL LEAVE. NOTWITHSTANDING ANY INCONSISTENT PROVISION
A. 3006--B 28
OF THIS SECTION, IF AN APPLICANT FAILS TO MEET THE ELIGIBILITY CRITERIA
OF THIS SECTION AT ANY POINT, NO FURTHER AWARDS SHALL BE MADE TO THE
APPLICANT.
4. CONDITIONS. (A) AN ELIGIBLE RECIPIENT SHALL CONTINUE TO MAKE SATIS-
FACTORY ACADEMIC PROGRESS IN ORDER TO MAINTAIN CONTINUED ELIGIBILITY FOR
AN AWARD PURSUANT TO THIS SECTION.
(B) NO STUDENT SHALL RECEIVE AN AWARD PURSUANT TO THIS SECTION FOR
GREATER THAN TEN SEMESTERS.
§ 2. This act shall take effect immediately.
PART G
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
Intentionally Omitted
PART K
Intentionally Omitted
PART L
Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
housing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(a) Upon the consent of the local legislative body of any municipality
in which a project is or is to be located, the real property in a
project shall be exempt from local and municipal taxes, other than
assessments for local improvements, to the extent of all or part of the
value of the property included in such project which represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project at the time of its acquisition by
the limited-profit housing company, provided, however, that the real
property in a project acquired for purposes of rehabilitation shall be
exempt to the extent of all or part of the value of the property
included in such project, and further provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project except that for
projects located or to be located in a city of a population of one
million or more, [upon the consent of the local legislative body of the
municipality, the amount of such taxes to be paid may be set at not less
A. 3006--B 29
than (i) the taxes payable with respect to the real property in such
project with respect to the year nineteen hundred seventy-three, or,
(ii) if such project was not occupied in such year, not less than ten
per centum of the annual shelter rent or carrying charges first estab-
lished pursuant to subdivision one of section thirty-one of this arti-
cle] THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF
THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF A MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. Shelter rent shall mean the total rents received
from the occupants of a project less the cost of providing to the occu-
pants electricity, gas, heat and other utilities. Total rents shall
include rent supplements and subsidies received from the federal govern-
ment, the state or a municipality on behalf of such occupants[,] but
shall not include interest reduction payments pursuant to subdivision
(a) of section two hundred one of the Federal Housing and Urban Develop-
ment Act of nineteen hundred sixty-eight. The tax exemption shall oper-
ate and continue so long as the mortgage loans of the company, including
any additional mortgage loan the proceeds of which are used primarily
for the residential portion of the project, which additional loan is
approved by the commissioner or the supervising agency, are outstanding.
§ 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, the real property of a state urban development corporation
project acquired, owned, constructed, managed or operated by a company
incorporated pursuant to the not-for-profit corporation law and this
article shall be entitled to all the benefits provided by section four
hundred twenty-two of the real property tax law. The real property of a
state urban development corporation project, other than a state urban
development corporation project acquired, owned, constructed, managed or
operated by a company incorporated pursuant to the not-for-profit corpo-
ration law and this article, shall be exempt from all local and munici-
pal taxes, other than assessments for local improvements, to the extent
of the value of the property included in such project as represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project on the date of its acquisition by
the limited-profit housing company, provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project, as defined in para-
graph (a) hereof, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
A. 3006--B 30
CONSENT WAS GRANTED. The tax exemption shall operate and continue so
long as the mortgage loans of such limited profit housing company,
including any additional mortgage loan the proceeds of which are used
primarily for the residential portion of the project, which additional
loan is approved by the commissioner or the supervising agency, are
outstanding and the project is continued to be operated as a limited-
profit housing project. If a state urban development corporation project
qualifying for tax exemption pursuant to this paragraph is sold, with
the approval of the commissioner, to another limited-profit housing
company, such successor company shall be entitled to all the benefits of
this paragraph. In the event that such sale is to a company incorporated
pursuant to the not-for-profit corporation law and this article, such
successor company shall be entitled to all the benefits provided by
section four hundred twenty-two of the real property tax law.
§ 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 744 of the laws of 1977, is
amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, when a project is financed with a mortgage loan pursuant to
this article or article three of this chapter and (i) there is a partic-
ipation, new loan or investment pursuant to section twenty-three-b of
this article or (ii) such mortgage loan is assigned, modified or satis-
fied pursuant to section twenty-three-a or forty-four-b or subdivision
twenty-two-a of section six hundred fifty-four of this chapter, the real
property of the project shall be exempt from all local and municipal
taxes, other than assessments for local improvements, to the extent of
the value of the real property included in such project which represents
an increase over the assessed valuation of the real property, both land
and improvements, acquired for the project on the date of its original
acquisition for the project by the original mortgagor under a mortgage
loan pursuant to this article or article three of this chapter, provided
that the amount of taxes to be paid on the project shall not be less
than ten per centum of the annual shelter rent or carrying charges of
such project, as defined in paragraph (a) of this subdivision, EXCEPT
THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF
SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER
RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL
LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE
AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH
GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY
TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION
SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE CONSENT WAS GRANTED.
Such tax exemption shall commence in each instance from the date when
the project becomes subject to a mortgage insured by the federal govern-
ment and shall operate and continue so long as a mortgage on such
project is insured or held by the federal government or so long as the
project is thereafter owned by the federal government or so long as any
residual indebtedness is outstanding, whichever is longer. When there is
a participation, new loan or investment pursuant to section twenty-
three-b of this article, such participation, new loan or investment
shall be deemed to be the equivalent of a federally insured mortgage for
purposes of this paragraph. Nothing contained in this paragraph shall be
construed to limit or otherwise impair the benefits available to any
company eligible for exemption from taxation pursuant to section thir-
A. 3006--B 31
ty-one or section thirty-six-a of this article, section four hundred
twenty-two or section four hundred sixty-seven-c of the real property
tax law, or section fifty-eight of the public housing law. The foregoing
shall not be deemed to authorize any company to receive the benefits of
any exemption from taxation in contravention of the provisions of
section two of article eighteen of the constitution.
§ 4. Subdivision 4 of section 33 of the private housing finance law,
as amended by chapter 229 of the laws of 1989, is amended to read as
follows:
4. Notwithstanding the provisions of subdivision one hereof, when a
mutual company is organized under this article to facilitate the acqui-
sition of a building by residents thereof, the amount of local and
municipal taxes, other than assessments for local improvements, to be
paid on the real property included in such project, both land and
improvements, shall not exceed twenty per centum of the annual shelter
rent or carrying charges of such project, as defined in paragraph (a) of
subdivision one hereof; provided, however, that where such acquisition
of a building by residents thereof involves the financing of rehabili-
tation or other improvement as well as acquisition, upon the consent of
the local legislative body of the municipality in which the project is
located the amount of such taxes may be further reduced provided that
such amount shall not be less than ten per centum of the annual shelter
rent or carrying charges of the project, as defined in paragraph (a) of
subdivision one hereof; or the company may in lieu of requesting such
consent apply for the benefits of the local law, if any, enacted pursu-
ant to section four hundred eighty-nine of the real property tax law.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE
NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING
CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL LEGISLATIVE BODY
OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES MAY
BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS OF THE ANNUAL SHELTER RENT
OR CARRYING CHARGES OF THE PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE
THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORI-
ZATION IS NOT RENEWED, THE RATE OF TAXATION SHALL REVERT TO THE LEVEL
ESTABLISHED BEFORE THE CONSENT WAS GRANTED. Such tax exemption, if any,
granted pursuant to this article shall operate and continue so long as a
loan made under this article or any subsequent loan approved by the
commissioner or the supervising agency to enhance the residential
portion of the project and the project is continued to be operated for
the purposes set forth in this article is outstanding.
§ 5. This act shall take effect immediately.
PART M
Intentionally Omitted
PART N
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $18,800,000 for the fiscal
year ending March 31, 2026. Within this total amount, $250,000 shall be
used for the purpose of entering into a contract with the neighborhood
A. 3006--B 32
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$18,800,000, 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 2024-2025 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, 2025.
§ 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 $8,050,000 for the fiscal year ending March
31, 2026. Within this total amount, $250,000 shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article 17 of the private housing finance law. Notwithstanding any
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 $8,050,000, 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 2024-2025 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, 2025.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $23,455,000 for the fiscal year ending March
31, 2026. 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
A. 3006--B 33
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$23,455,000, 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 2024-2025 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, 2025.
§ 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 $56,381,000 for the fiscal year
ending March 31, 2026. 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 $56,381,000, 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 2024-2025 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, 2026.
§ 5. This act shall take effect immediately.
PART O
Intentionally Omitted
PART P
Section 1. The social services law is amended by adding a new section
390-n to read as follows:
§ 390-N. CHILD CARE SUPPORT CENTER; OPERATING CERTIFICATE REQUIRED. 1.
FOR PURPOSES OF THIS SECTION, "CHILD CARE SUPPORT CENTER" SHALL MEAN A
A. 3006--B 34
CHILD CARE RESOURCE AND REFERRAL AGENCY, AS DEFINED UNDER SECTION FOUR
HUNDRED TEN-P OF THIS ARTICLE, OR A NOT-FOR-PROFIT CORPORATION THAT IS
CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO PLACE INDI-
VIDUALS AS SUBSTITUTE CAREGIVERS AT CHILD DAY CARE CENTERS, GROUP FAMILY
DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL AGE CHILD CARE PROGRAMS
AS DEFINED IN SECTION THREE HUNDRED NINETY OF THIS TITLE FOR THE PURPOSE
OF PROVIDING CHILD DAY CARE.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE AUTHORIZED TO
CERTIFY, REGULATE, AND INSPECT CHILD CARE SUPPORT CENTERS. THE OFFICE OF
CHILDREN AND FAMILY SERVICES MAY, AT ITS DISCRETION, LIMIT THE NUMBER OF
OPERATING CERTIFICATES ISSUED.
3. NO ENTITY MAY PLACE SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS UNLESS IT POSSESSES A VALID OPERATING CERTIF-
ICATE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
4. PRIOR TO PLACING AN INDIVIDUAL AS A SUBSTITUTE CAREGIVER AT A CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME, OR
SCHOOL AGE CHILD CARE PROGRAM AS DEFINED IN SECTION THREE HUNDRED NINETY
OF THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE, A CHILD CARE
SUPPORT CENTER SHALL VERIFY THAT THE SUBSTITUTE CAREGIVER HAS MET THE:
(A) STANDARDS AND TRAINING REQUIREMENTS SET FORTH IN SECTION THREE
HUNDRED NINETY-A OF THIS TITLE FOR CHILD DAY CARE PROGRAM EMPLOYEES;
(A-1) QUALIFICATION REQUIREMENTS SET FORTH IN SECTION 418-1.13 OF
TITLE EIGHTEEN OF THE NEW YORK CODES, RULES & REGULATIONS;
(B) CRIMINAL HISTORY REVIEW AND BACKGROUND CLEARANCE REQUIREMENTS OF
SECTION THREE HUNDRED NINETY-B OF THIS TITLE FOR PROSPECTIVE EMPLOYEES
OF A CHILD DAY CARE PROGRAM; AND
(C) ANY OTHER REQUIREMENTS ESTABLISHED BY THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
5. OPERATING CERTIFICATES ISSUED UNDER THIS SECTION SHALL REMAIN VALID
UNLESS SURRENDERED BY THE CHILD CARE SUPPORT CENTER OR REVOKED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES MAY REVOKE AN OPERATING CERTIFICATE AT ANY TIME UPON A
DETERMINATION THAT THE CHILD CARE SUPPORT CENTER HAS NOT OPERATED IN
ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW.
6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY AN APPLICA-
TION FOR CERTIFICATION OF A CHILD CARE SUPPORT CENTER IF THE APPLICANT
HAD AN OPERATING CERTIFICATE REVOKED WITHIN THE TWO YEARS PRIOR TO THE
DATE OF APPLICATION.
7. A CHILD CARE SUPPORT CENTER CERTIFIED UNDER THIS SECTION SHALL BE
CONSIDERED THE EMPLOYER OF ALL SUBSTITUTE CAREGIVERS PLACED AT ANY CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME, OR
SCHOOL-AGE CHILD CARE PROGRAM. THE CHILD CARE SUPPORT CENTER SHALL MAIN-
TAIN INSURANCE COVERAGE FOR WORKERS' COMPENSATION, UNEMPLOYMENT INSUR-
ANCE, AND DISABILITY COVERAGE, AND SHALL BE LIABLE FOR THE ACTIONS OF
SUBSTITUTE CAREGIVERS.
§ 2. Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
12. A CHILD CARE SUPPORT CENTER CERTIFIED PURSUANT TO SECTION THREE
HUNDRED NINETY-N OF THIS TITLE SHALL BE AUTHORIZED TO REQUEST CLEARANCES
FOR SUBSTITUTE CAREGIVERS IN ACCORDANCE WITH THIS SECTION. SUBSTITUTE
CAREGIVERS SHALL BE CONSIDERED "PROSPECTIVE EMPLOYEES" OF A CHILD DAY
CARE PROGRAM UNDER SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment, and/or repeal of
A. 3006--B 35
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
PART Q
Section 1. This act shall be known and may be cited as the "Increasing
Nutrition Support for Prenatal and Infant REsiliency ("INSPIRE") pilot
program" act.
§ 2. The social services law is amended by adding a new section 152-e
to read as follows:
§ 152-E. INCREASING NUTRITION SUPPORT FOR PRENATAL AND INFANT RESILI-
ENCY ("INSPIRE") PILOT PROGRAM. 1. THE OFFICE OF TEMPORARY AND DISABILI-
TY ASSISTANCE SHALL ESTABLISH A ONE-YEAR PILOT PROGRAM TO PROVIDE MONTH-
LY ALLOWANCE TO SUPPORT LOW-INCOME MOTHERS AND INFANTS. SUCH PROGRAM
SHALL BE KNOWN AS THE "INCREASING NUTRITION SUPPORT FOR PRENATAL AND
INFANT RESILIENCY 'INSPIRE' PILOT PROGRAM" AND REFERRED TO IN THIS
SECTION AS "THE PROGRAM".
2. PREGNANT INDIVIDUALS AND FAMILIES WITH A CHILD UNDER THE AGE OF ONE
YEAR WHO ARE PUBLIC ASSISTANCE RECIPIENTS, OR INCOME ELIGIBLE TO RECEIVE
PUBLIC ASSISTANCE, SHALL BE ELIGIBLE TO RECEIVE A SUBSIDY UNDER THE
PROGRAM. ELIGIBLE INDIVIDUALS SHALL RECEIVE A SUBSIDY OF FOUR HUNDRED
DOLLARS PER MONTH FOR THE LAST THREE MONTHS OF PREGNANCY AND THE FIRST
TWELVE MONTHS OF A CHILD'S LIFE UNDER THE PROGRAM.
3. THE DEPARTMENT SHALL ALLOCATE THE NECESSARY FUNDS TO LOCAL SOCIAL
SERVICES DISTRICTS FOR THIS PURPOSE OF THIS SECTION. MONTHLY DISTRIB-
UTIONS SHALL BE MADE BY LOCAL SOCIAL SERVICES DISTRICTS ON THE FIRST OF
EACH MONTH FOR THE DURATION OF THE PROGRAM TO ELIGIBLE PARTICIPANTS.
4. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DETERMINE
HOW INCOME SHALL BE VERIFIED TO DETERMINE ELIGIBILITY UNDER THE PROGRAM.
5. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN COORDINATION
WITH LOCAL SOCIAL SERVICES DISTRICTS, SHALL ASSIST ELIGIBLE PARTICIPANTS
WITH ACCESS TO RESOURCES, SUBSIDY MANAGEMENT, AND ANY OTHER ASSISTANCE
DEEMED NECESSARY BY SUCH OFFICE.
§ 3. Paragraph (a) of subdivision 8 of section 131-a of the social
services law is amended by adding a new subparagraph (xiv) to read as
follows:
(XIV) ANY FINANCIAL ASSISTANCE RECEIVED BY INDIVIDUALS FROM THE MONTH-
LY ALLOWANCE FROM THE INCREASING NUTRITION SUPPORT FOR PRENATAL AND
INFANT RESILIENCY ("INSPIRE") PROGRAM UNDER SECTION ONE HUNDRED FIFTY-
TWO-E OF THIS TITLE. SUCH EXEMPTION AND DISREGARD SHALL BE APPLICABLE
FOR THE LENGTH OF TIME THE INDIVIDUAL RECEIVES THE ALLOWANCE. THE
COMMISSIONER SHALL SEEK FEDERAL WAIVER AUTHORITY TO DISREGARD THE INCOME
FROM THIS ALLOWANCE FOR THE PURPOSE OF THE SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM.
§ 4. This act shall take effect immediately.
PART R
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 H of chapter 56 of the laws of 2024, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$181.00] $186.00 for each month beginning on or after
January first, two thousand [twenty-four] TWENTY-FIVE.
A. 3006--B 36
(b) in the case of each individual receiving residential care, an
amount equal to at least [$208.00] $213.00 for each month beginning on
or after January first, two thousand [twenty-four] TWENTY-FIVE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$249.00] $255.00 for each month
beginning on or after January first, two thousand [twenty-four] TWENTY-
FIVE.
(d) for the period commencing January first, two thousand [twenty-
five] TWENTY-SIX, 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-five] TWENTY-SIX, but prior to June thirtieth, two
thousand [twenty-five] TWENTY-SIX, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
H of chapter 56 of the laws of 2024, are amended to read as follows:
(a) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living alone, [$1,030.00]
$1,054.00; and for an eligible couple living alone, [$1,519.00]
$1,554.00.
(b) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living with others with or with-
out in-kind income, [$966.00] $990.00; and for an eligible couple living
with others with or without in-kind income, [$1,461.00] $1,496.00.
(c) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving family care,
[$1,209.48] $1,233.48 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,171.48] $1,195.48; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving residential care,
[$1,378.00] $1,402.00 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter or Rockland; and (ii) for an eligible couple receiving residential
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,348.00] $1,372.00; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving enhanced residen-
tial care, [$1,637.00] $1,661.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
A. 3006--B 37
(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-five] TWENTY-
SIX but prior to June thirtieth, two thousand [twenty-five] TWENTY-SIX.
§ 3. This act shall take effect December 31, 2025.
PART S
Section 1. Section 4 of part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, as amended by section 1 of part T of chapter 56 of
the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
[2025] 2028.
§ 2. This act shall take effect immediately.
PART T
Intentionally Omitted
PART U
Intentionally Omitted
PART V
Intentionally Omitted
PART W
Intentionally Omitted
PART X
Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
§ 2. The labor law is amended by adding a new section 135 to read as
follows:
§ 135. DATABASE FOR EMPLOYMENT OF MINORS; EMPLOYEE REGISTRATION; MINOR
EMPLOYMENT CERTIFICATES. 1. CREATION OF DATABASE. THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF EDUCATION, SHALL CREATE AND MAINTAIN
A DATABASE FOR THE EMPLOYMENT OF MINORS. ALL INFORMATION PERTAINING TO
ANY EMPLOYER OR MINOR THAT IS SUBMITTED TO THE DEPARTMENT UNDER THIS
SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE ACCESSIBLE TO THE PUBLIC.
NOTHING HEREIN SHALL PREVENT THE COMMISSIONER FROM SHARING SUCH INFORMA-
TION FOR CIVIL OR CRIMINAL LAW ENFORCEMENT PURPOSES.
2. EMPLOYER REGISTRATION AND RENEWAL PROCESS. ANY EMPLOYER REQUIRED TO
BE REGISTERED UNDER THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH THE
INFORMATION SET FORTH IN THIS SECTION, AS WELL AS ANY ADDITIONAL INFOR-
A. 3006--B 38
MATION THAT THE DEPARTMENT MAY REQUIRE, IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ALSO SET FEES FOR
EMPLOYER REGISTRATION AND ANY RENEWAL THAT MAY BE REQUIRED BY THE
DEPARTMENT UNDER THIS SECTION.
3. EMPLOYER INFORMATION. EVERY EMPLOYER THAT HIRES, EMPLOYS, OR OTHER-
WISE PERMITS ANY MINOR UNDER THE AGE OF EIGHTEEN TO WORK FOR THE EMPLOY-
ER WITHIN THE STATE SHALL REGISTER IN THE DATABASE, IN THE FORM AND
MANNER PRESCRIBED BY THE DEPARTMENT, THE FOLLOWING INFORMATION:
(A) THE NAME OF THE EMPLOYER;
(B) THE EMAIL ADDRESS OF THE EMPLOYER;
(C) ANY LOCATION OF THE EMPLOYER'S BUSINESS OPERATIONS WITHIN THE
STATE, INCLUDING ANY LOCATION WHERE A MINOR WILL BE WORKING;
(D) THE NUMBER AND NAMES OF MINORS WHO ARE HIRED, EMPLOYED, OR OTHER-
WISE PERMITTED TO WORK FOR THE EMPLOYER;
(E) A CERTIFIED STATEMENT FROM THE EMPLOYER THAT THE EMPLOYER IS
HIRING, EMPLOYING, OR OTHERWISE PERMITTING MINORS TO WORK ONLY IN POSI-
TIONS FOR THE EMPLOYER AS PERMITTED BY LAW, RULE, OR REGULATION IN ORDER
TO ENSURE THEIR HEALTH, SAFETY, AND WELL-BEING; AND
(F) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
4. EMPLOYER RECORDKEEPING. AN EMPLOYER THAT IS REQUIRED TO BE REGIS-
TERED UNDER THIS SECTION SHALL, BEFORE EMPLOYMENT BEGINS, FILE AT THE
PLACE OF THE MINOR'S EMPLOYMENT SUCH EMPLOYMENT CERTIFICATE OR PERMIT SO
THAT IT MAY BE READILY ACCESSIBLE TO ANY PERSON AUTHORIZED BY LAW TO
EXAMINE SUCH DOCUMENT. AN EMPLOYER'S ELECTRONIC ACCESS TO SUCH EMPLOY-
MENT CERTIFICATE OR PERMIT IN THE DATABASE SHALL MEET THE REQUIREMENTS
OF THIS SUBDIVISION.
5. MINOR REGISTRATION. ANY MINOR UNDER THE AGE OF EIGHTEEN WHO PLANS
TO WORK FOR AN EMPLOYER WITHIN THE STATE SHALL COMPLETE A REGISTRATION
IN THE DATABASE FOR ANY EMPLOYMENT CERTIFICATE OR PERMIT. ALL INFORMA-
TION PERTAINING TO THE MINOR SHALL BE CONFIDENTIAL AND SHALL NOT BE
ACCESSIBLE BY THE PUBLIC. IF THE MINOR PLANS TO WORK FOR A DIFFERENT
EMPLOYER, OR FOR AN EMPLOYER IN ADDITION TO THE EMPLOYER FOR WHICH THE
MINOR FIRST REGISTERED, THE MINOR SHALL UPDATE THE MINOR'S REGISTRATION.
THE MINOR SHALL BE REQUIRED TO SUBMIT DOCUMENTATION FOR REGISTRATION IN
THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
6. ISSUANCE OF EMPLOYMENT CERTIFICATE OR PERMIT. ANY EMPLOYMENT
CERTIFICATE OR PERMIT ISSUED PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE
OF THE EDUCATION LAW SHALL BE ISSUED ELECTRONICALLY WITHIN THE DATABASE.
ANY APPLICATION FOR AN EMPLOYMENT CERTIFICATE OR PERMIT THAT IS MADE
PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE
MADE BY A MINOR ON A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION
AND APPROVED BY THE DEPARTMENT.
7. REGULATIONS. THE COMMISSIONER MAY PRESCRIBE REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 3. Subdivision 3 of section 3215-a of the education law, as amended
by chapter 1017 of the laws of 1971, is amended to read as follows:
3. Approval of form and contents. The commissioner of education shall
prescribe or approve the form and contents of all certificates, permits,
physical examination records, and schooling records required by part one
of this article. The form of such certificates and permits shall also be
subject to the approval of the [industrial] commissioner OF LABOR. ANY
EMPLOYMENT CERTIFICATE OR PERMIT ISSUED PURSUANT TO THIS PART SHALL BE
ISSUED ELECTRONICALLY WITHIN THE DATABASE CREATED AND MAINTAINED BY THE
DEPARTMENT OF LABOR, IN CONSULTATION WITH THE DEPARTMENT, PURSUANT TO
SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
A. 3006--B 39
§ 4. This act shall take effect two years after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
PART Y
Section 1. The section heading, paragraphs (a), (b) and (c) of subdi-
vision 1, paragraphs (a), (b) and (c) of subdivision 2, and paragraphs
(a), (b) and (c) of subdivision 3 of section 26 of the veterans'
services law are amended to read as follows:
Payment to [parents] IMMEDIATE FAMILY MEMBERS of veterans.
(a) (I) A parent, SPOUSE, OR MINOR CHILD identified in 10 USC 1126 as
a gold star parent, SPOUSE, OR MINOR CHILD; OR (II) A PARENT, SPOUSE, OR
MINOR CHILD of a veteran who [heretofore has died or a parent of a
veteran dying hereafter] DIED WHILE ON ACTIVE DUTY, shall upon applica-
tion to the state commissioner, be paid an annual annuity out of the
treasury of the state for the sum of five hundred dollars for such term
as such parent, SPOUSE, OR MINOR CHILD shall be entitled thereto under
the provisions of this article. Commencing in the year two thousand
nineteen, the amount of any annuity payable under this section shall be
the same amount as the annuity payable in the preceding year plus a
percentage adjustment equal to the annual percentage increase, if any,
for compensation and pension benefits administered by the United States
Department of Veterans Affairs in the previous year. Such percentage
increase shall be rounded up to the next highest one-tenth of one
percent and shall not be less than one percent nor more than four
percent. The commissioner of veterans' services, not later than February
first of each year, shall publish by any reasonable means, including but
not limited to posting on the department's website, the amount of the
annuity as adjusted payable under this section. The term "parent" for
the purposes of this section includes mother, father, stepmother, step-
father, mother through adoption and father through adoption. THE TERM
"SPOUSE" FOR THE PURPOSES OF THIS SECTION MEANS A PERSON WHO WAS THE
SPOUSE OR DOMESTIC PARTNER OF THE VETERAN AT THE TIME OF SUCH VETERAN'S
DEATH REGARDLESS OF WHETHER SUCH PERSON HAS REMARRIED OR ENTERED INTO A
NEW DOMESTIC PARTNERSHIP SINCE SUCH VETERAN'S DEATH. THE TERM "MINOR
CHILD" FOR THE PURPOSES OF THIS SECTION MEANS A PERSON WHO IS UNDER THE
AGE OF EIGHTEEN YEARS, OR WHO, AFTER ATTAINING THE AGE OF EIGHTEEN YEARS
AND UNTIL COMPLETION OF EDUCATION OR TRAINING, BUT NOT AFTER ATTAINING
THE AGE OF TWENTY-THREE YEARS, IS PURSUING A COURSE OF INSTRUCTION AT AN
APPROVED EDUCATIONAL INSTITUTION AND WHO IS THE BIOLOGICAL, STEP, OR
ADOPTED CHILD OF A VETERAN. THE TERM "ACTIVE DUTY" FOR PURPOSES OF THIS
SECTION SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION
101 OF TITLE 38 OF THE UNITED STATES CODE, AND SHALL ALSO INCLUDE ANY
PERIOD OF ACTIVE DUTY FOR TRAINING DURING WHICH THE INDIVIDUAL CONCERNED
DIED FROM A DISEASE OR INJURY INCURRED OR AGGRAVATED IN THE LINE OF
DUTY, OR ANY PERIOD OF INACTIVE DUTY TRAINING DURING WHICH THE INDIVID-
UAL CONCERNED DIED FROM AN INJURY INCURRED OR AGGRAVATED IN THE LINE OF
DUTY OR FROM AN ACUTE MYOCARDIAL INFARCTION, A CARDIAC ARREST, OR A
CEREBROVASCULAR ACCIDENT WHICH OCCURRED DURING SUCH TRAINING. THE TERMS
"ACTIVE DUTY FOR TRAINING" AND "INACTIVE DUTY TRAINING" FOR THE PURPOSES
OF THIS SECTION SHALL HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN
SECTION 101 OF TITLE 38 OF THE UNITED STATES CODE.
A. 3006--B 40
(b) The entitlement of any parent, SPOUSE, OR MINOR CHILD to receive
the annuity provided by paragraph (a) of this subdivision shall termi-
nate upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S death
or upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S ceasing
to continue to be a resident of and domiciled in the state of New York,
but such entitlement may be reinstated upon application to the state
commissioner, if such parent, SPOUSE, OR MINOR CHILD shall thereafter
resume [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S residence
and domicile in the state.
(c) The effective date of an award of the annuity to a parent, SPOUSE,
OR MINOR CHILD shall be the day after the date of death of the veteran
if the application therefor is received within one year from date of
death. If the application is received after the expiration of the first
year following the date of the death of the veteran, the effective date
of an award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be
the date of receipt of the application by the state commissioner. If the
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
(a) Any gold star parent, [who is the parent] SPOUSE, OR MINOR CHILD
of a deceased veteran, [and] OR A PARENT, SPOUSE, OR MINOR CHILD OF A
VETERAN PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION, who is a resident of and domiciled in the state of
New York, [shall] MAY make application to the department.
(b) No entitlement shall be paid under this section to or for a gold
star parent, SPOUSE, OR MINOR CHILD, OR A PARENT, SPOUSE, OR MINOR CHILD
OF A VETERAN PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVI-
SION ONE OF THIS SECTION, who is in prison in a federal, state, or local
penal institution as a result of conviction of a felony or misdemeanor
for any part of the period beginning sixty-one days after [his or her]
SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S imprisonment begins and ending
with [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S release.
(c) Where one or more gold star parents, SPOUSE, OR MINOR CHILDREN, OR
PARENTS, SPOUSE, OR MINOR CHILDREN OF A VETERAN PURSUANT TO SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, are disquali-
fied for the annuity for a period under paragraph (b) of this subdivi-
sion, the state commissioner shall pay the shares of such disqualified
parents, SPOUSE, OR MINOR CHILDREN to the other parents OR MINOR CHIL-
DREN, if they meet the qualifications on their own.
(a) Evidence of the military service of the deceased veteran [of the
gold star parent] for each case shall be furnished in the manner and
form prescribed by the state commissioner.
(b) Upon being satisfied that such service was honorable, that other
facts and statements in the application of such gold star parent,
SPOUSE, OR MINOR CHILD OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, are true, the state commissioner shall certify to the
state comptroller the name and address of such gold star parent, SPOUSE,
OR MINOR CHILD, OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION.
(c) Thereafter, the department of taxation and finance, on the audit
and warrant of the comptroller, shall pay such gold star parent, SPOUSE,
OR MINOR CHILD, OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN PURSUANT
A. 3006--B 41
TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, such sum as is authorized by the provisions of this section in
semi-annual installments for so long as such qualified gold star parent,
SPOUSE, OR MINOR CHILD, OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN
PURSUANT TO SUBPARAGRAPH (II) PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, shall meet the requirements of this section.
§ 1-a. The commissioner of veterans' services shall conduct an
outreach program for the purpose of informing the public and persons who
may be eligible to receive an annuity under section 26 of the veterans'
services law of the amendments made to such section by section one of
this act. Such outreach activities shall include, but not be limited
to, an announcement on the department of veterans' services official
website and, to the extent practicable, making contact with any parent,
spouse, domestic partner or minor child of a service member known to
have died on active duty prior to the effective date of this act and
subsequent to such date, to inform such persons of their potential
eligibility to receive an annuity and to offer assistance in preparing
an application for such benefit. The commissioner of veterans' affairs
may seek the assistance of the division of military and naval affairs
and federal military authorities in identifying persons who may be
eligible to receive an annuity under section 26 of the veterans'
services law.
§ 2. This act shall take effect immediately.
PART Z
Intentionally Omitted
PART AA
Section 1. On or before September 1, 2026, the commissioner of educa-
tion shall submit a report to the governor, the speaker of the assembly,
and the temporary president of the senate providing information regard-
ing usage, budgeting, staffing, assets, and functions of the New York
state museum in a form and manner as determined by the director of the
budget. Such report shall include but not be limited to the following
information:
1. Annual statistics for state fiscal years 2004-05 through 2024-25
for the following categories:
(a) visitorship by month;
(b) philanthropic donations, either monetary or in-kind;
(c) school student visitorship;
(d) marketing, advertising, and promotional expenditures;
(e) staffing levels and expenditures for each office of the museum;
(f) capital expenditures;
(g) museum revenue from sources other than state aid; and
(h) balance of total revenues and operating expenses;
2. A summary of current agreements with other cultural institutions
regarding loan or exchange of collections;
3. Current collections on display and length of time on display;
4. Current collections in possession of the museum but not on display;
5. New collections scheduled to go on display in the next five years;
6. A listing of special events, exhibitions, tours, limited or travel-
ing displays, and other events not included in information regarding
normal displayed collections over the prior five years;
A. 3006--B 42
7. A listing of any ancillary services provided at the museum, includ-
ing but not limited to food service, retail, or walking tours; and
8. Usage over the prior five years of the state museum collection by
federal agencies, New York state agencies, local governments, and other
governmental entities, whether for display or research purposes.
§ 2. On or before September 1, 2027 and annually thereafter, the
commissioner shall submit a report to the governor, the speaker of the
assembly, and the temporary president of the senate including updated
information from the prior state fiscal year supplementing the informa-
tion provided in the report required by section one of this act.
§ 3. This act shall take effect immediately.
PART BB
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.
A. 3006--B 43
(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
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 CC
Section 1. The public housing law is amended by adding a new article
14-A to read as follows:
ARTICLE 14-A
HOUSING ACCESS VOUCHER PROGRAM
SECTION 605. LEGISLATIVE FINDINGS.
606. DEFINITIONS.
607. HOUSING ACCESS VOUCHER PROGRAM.
608. ELIGIBILITY.
609. FUNDING ALLOCATION AND DISTRIBUTION.
610. PAYMENT OF HOUSING VOUCHERS.
611. LEASES AND TENANCY.
612. RENTAL OBLIGATION.
613. MONTHLY ASSISTANCE PAYMENT.
614. INSPECTION OF UNITS.
615. RENT.
616. VACATED UNITS.
617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR.
618. VERIFICATION OF INCOME.
619. DIVISION OF AN ASSISTED FAMILY.
620. MAINTENANCE OF EFFORT.
621. VOUCHERS STATEWIDE.
622. APPLICABLE CODES.
623. HOUSING CHOICE.
§ 605. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST OF HOUS-
ING, AND TO AID INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN
IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 606. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. 3006--B 44
1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR
PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD-
ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS
(INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION
WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS
RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION AND LACKING A
REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR
DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH
DEFINED AS HOMELESS UNDER 42 U.S.C. § 11302(A); HAVING EXPERIENCED A
LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUSING OR
HAVING EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES
AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH
OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A
DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-
THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE
AGAINST AN INDIVIDUAL OR A FAMILY MEMBER.
2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT
DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO A COURT
ORDER TO VACATE THE PREMISES DUE TO HAZARDOUS CONDITIONS, WHICH MAY
INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND RADON;
HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL
AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE PRIMARY
NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME OF ANOTHER
HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT ALLOW THE
INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM
AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF HOUSING OR HOME-
LESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR FLEEING OR
ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREATENING
CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A FAMILY
MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY
MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFICIENT TO
ESTABLISH ELIGIBILITY.
3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY
PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY THAT
ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
OF THE UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR
REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING
TRUST FUND CORPORATION.
5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
AGENCY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8
A. 3006--B 45
LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS VOUCHER
PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF
AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION. IN THE CITY
OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE THE
NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE
NEW YORK CITY HOUSING AUTHORITY, OR BOTH.
6. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A
CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN
FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR ANY REMAINING
MEMBERS OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION
TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY,
HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
8. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE
PERSONS.
9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
ANY AMENDMENTS THERETO.
10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
5.611 AND ANY AMENDMENTS THERETO.
11. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON
COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR
COMPARABLE UNASSISTED UNITS IN THE PREMISES.
12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F.
13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR
ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE
PROGRAM.
14. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES
THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE
OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
(A) UNDER THE AGE OF EIGHTEEN;
(B) A PERSON WITH A DISABILITY; OR
(C) A FULL-TIME STUDENT.
16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
DREN UNDER THE AGE OF THIRTEEN.
18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
UNITED STATES CENSUS BUREAU.
19. "DISABILITY" MEANS:
(A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
A. 3006--B 46
CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE
EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
OR
(B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
(C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
(I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
(II) SUBSTANTIALLY IMPEDES THEIR ABILITY TO LIVE INDEPENDENTLY; AND
(III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE
SUITABLE HOUSING CONDITIONS; OR
(D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
AN INDIVIDUAL THAT:
(I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
OF MENTAL AND PHYSICAL IMPAIRMENTS;
(II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
(III) IS LIKELY TO CONTINUE INDEFINITELY;
(IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
(A) SELF-CARE;
(B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
(C) LEARNING;
(D) MOBILITY;
(E) SELF-DIRECTION;
(F) CAPACITY FOR INDEPENDENT LIVING; OR
(G) ECONOMIC SELF-SUFFICIENCY; AND
(V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED
SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
§ 607. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO
THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM
OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI-
VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF
HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING
TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT
WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY
ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
CLE. THE COMMISSIONER SHALL DESIGNATE HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVID-
UALS AND FAMILIES AND TO ADMINISTER OTHER ASPECTS OF THE PROGRAM IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 608. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS PROGRAM. INDIVIDUALS
AND FAMILIES WHO MEET THE STANDARDS SHALL BE ELIGIBLE REGARDLESS OF
IMMIGRATION STATUS. ELIGIBILITY SHALL BE LIMITED TO INDIVIDUALS AND
FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION FROM A
SOCIAL SERVICES PROVIDER SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT
NOT LIMITED TO, HOMELESS SHELTERS TO DETERMINE WHETHER AN APPLICANT
QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY
ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
A. 3006--B 47
MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME, AS DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE
UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S OR FAMILY'S
ADJUSTED INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE
DWELLING UNIT.
3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR
RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF FUNDS FOR
THIS PURPOSE.
4. INCOME ELIGIBILITY SHALL BE VERIFIED PRIOR TO A HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR'S INITIAL DETERMINATION TO PROVIDE RENTAL
ASSISTANCE FOR THIS PROGRAM AND UPON DETERMINATION OF SUCH ELIGIBILITY,
AN INDIVIDUAL OR FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR THE
PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH
RENTAL ASSISTANCE.
5. THE COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR
THE PURPOSE OF DETERMINING AN INDIVIDUAL'S OR FAMILY'S INITIAL AND
CONTINUED ELIGIBILITY FOR THE PROGRAM.
6. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
§ 609. FUNDING ALLOCATION AND DISTRIBUTION. 1. SUBJECT TO APPROPRI-
ATION, FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER IN EACH COUNTY
EXCEPT FOR THOSE COUNTIES LOCATED WITHIN THE CITY OF NEW YORK, THE
INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN
EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED
ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. FUNDING FOR COUN-
TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY TO
THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE, IN PROPOR-
TION TO THE NUMBER OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE
REST OF THE STATE OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON
DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW YORK AMONG
HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
IN THE CITY OF NEW YORK.
3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
SIONER SHALL HAVE THE DISCRETION TO ESTABLISH FURTHER PRIORITIES AS
APPROPRIATE.
4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
SIONER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
ER PROGRAM.
§ 610. PAYMENT OF HOUSING VOUCHERS. 1. THE HOUSING VOUCHER SHALL BE
PAID DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE
DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRI-
ATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL
DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT CONTRACT AND THE
METHOD OF PAYMENT. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING
UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS
ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH
A. 3006--B 48
ASSISTANCE PAYMENTS ARE TO BE MADE. THE PAYMENT STANDARD SHALL NOT
EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE
FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED. FAIR
MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS
AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH
IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER-
AL REGULATIONS. FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED
NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE
ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
2. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO
SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR OCCUPANCY
OF A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS
NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH DWELL-
ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
§ 611. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT
ENTERED INTO BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND THE
OWNER OF A DWELLING UNIT SHALL PROVIDE:
1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN
THE TENANT AND THE DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
LOCAL ADMINISTRATOR DETERMINES THAT SUCH SHORTER TERM WOULD IMPROVE
HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
UNDER THIS ARTICLE THAT:
(A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
OWNER; AND
(B) CONTAIN TERMS AND CONDITIONS THAT:
(I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
(II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
UNDER THIS ARTICLE;
(C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT OWED, AND IN THE
CASE OF AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO
FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO
SALE SHALL NOT CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY
TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO
THE OWNER IF THE OWNER:
(I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
(II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
(D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION
SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS
ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY
A. 3006--B 49
TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
TO THIS ARTICLE;
4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS
DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE.
§ 612. RENTAL OBLIGATION. THE MONTHLY RENTAL OBLIGATION FOR AN INDI-
VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUSING
ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
1. THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR
INDIVIDUAL; OR
2. IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE
ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS
INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING
ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
§ 613. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY
ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE
DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI-
CLE.
2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF
THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENT OF THE
RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE COMMISSIONER. THE
COMMISSIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY
OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR
MARKET RENT.
3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL
AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
HUNDRED TWENTY PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION
SIX HUNDRED SIX OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN
THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED
AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH
THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
FAIR MARKET RENT WAS REDUCED.
§ 614. INSPECTION OF UNITS. INSPECTION OF UNITS SHALL BE CONDUCTED
PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL HOUSING CHOICE
VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF
TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
§ 615. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING
ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING
UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
2. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS
PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY, AT THE
REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
CLE, ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT
WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
(OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDER-
ATION BY THE INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS
UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER THE RENT
(OR RENT INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) DETERMINES
A. 3006--B 50
THAT THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE,
THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY)
SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS
SUBDIVISION WITH RESPECT TO THAT UNIT.
3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL
PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT
SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY
PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE.
§ 616. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT
FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE
PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
§ 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS
ARTICLE LEASES A DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING
UNIT) THAT IS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL OR FAMILY UNDER THIS
SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF GENERAL LOCAL
GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER, TO MAKE
INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF THIS ARTICLE
AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED FIFTEEN OF
THIS ARTICLE. THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE
RESPONSIBLE FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS,
SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE.
2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT TO A DWELLING UNIT,
THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
TOR, BY AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR, OR BY A
LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH ADMINIS-
TRATOR (OR AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A
CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A HOUSING ACCESS VOUCHER
LOCAL ADMINISTRATOR FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS-
TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH
THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED
OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY
WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN
ENTITY WHICH OWNS THE UNIT.
§ 618. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA
PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY
INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS
ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE
COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE
OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE
FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI-
LIES TO PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY
INCLUDE, BUT IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPEN-
SATION AND FEDERAL INCOME TAXATION AND DATA RELATING TO BENEFITS MADE
AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD
AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE
A. 3006--B 51
UNITED STATES CODE. ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS
SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
OF VERIFYING INCOMES IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS
AND FAMILIES FOR BENEFITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY)
UNDER THIS ARTICLE.
§ 619. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
DIVISION OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT AGREE
AS TO WHICH SUCH INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE
ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS
TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE
ASSISTED:
(A) WHICH OF SUCH INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT
CHILDREN;
(B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER
WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
(C) THE COMPOSITION OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH
FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
(D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF SUCH
FAMILY;
(E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
(F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS.
2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR WILL TERMINATE ASSISTANCE ON THE BASIS OF
FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
§ 620. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO
THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE
ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
LOSS OF HOUSING.
§ 621. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN
OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE
EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN
FINDING HOUSING IN THE AREA OF THEIR CHOICE. PROVIDED FURTHER, HOWEVER,
THAT A VOUCHER MUST BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR
WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN THE CITY
OF NEW YORK, FOR NO LESS THAN ONE YEAR BEFORE IT CAN BE USED IN A
DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
THEREOF, IS OR HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
§ 622. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE
HOUSING ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
A. 3006--B 52
§ 623. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOUS-
ING ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR
HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER
APPLICABLE JURISDICTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule, regulation, plan or guidance document necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date; provided further
that any rule, regulation, plan or guidance document shall apply only to
those counties located outside of the city of New York. The New York
city department of housing preservation and development and the New York
city housing authority, as applicable, shall promulgate or release
rules, regulations, plans or guidance documents as necessary for the
implementation of this act within the city of New York.
PART DD
Section 1. The public housing law is amended by adding a new section
20-a to read as follows:
§ 20-A. HOMEOWNERSHIP OPPORTUNITY CONNECTION PROGRAM. 1. THE COMMIS-
SIONER SHALL ESTABLISH A PROGRAM TO CONNECT RESIDENTS OF COMMUNITIES
WITH BELOW AVERAGE HOMEOWNERSHIP RATES AND NOT-FOR-PROFIT HOUSING ORGAN-
IZATIONS WITH HOMEOWNERSHIP AND DEVELOPMENT OPPORTUNITIES. SUCH PROGRAM
SHALL BE REFERRED TO AS THE "HOMEOWNERSHIP OPPORTUNITY CONNECTION"
PROGRAM. SUCH PROGRAM SHALL UTILIZE ALL CURRENTLY EXISTING HOMEOWNERSHIP
ASSISTANCE PROGRAMS AND FUNDING PROVIDED WITHIN THE STATE'S MULTI-YEAR
HOUSING PROGRAM. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND THE
STATE OF NEW YORK MORTGAGE AGENCY SHALL WORK WITH ANY OTHER STATE AGEN-
CIES THAT PROVIDE SUCH SERVICES TO THE TARGETED POPULATIONS TO PROMOTE
THE AVAILABILITY OF SUCH PROGRAMS AND TO IDENTIFY ADDITIONAL NOT-FOR-
PROFIT ORGANIZATIONS TO EXPAND THE AREAS WHERE SUCH PROGRAMS ARE AVAIL-
ABLE.
(A) FOR POTENTIAL HOMEBUYERS, THE STATE OF NEW YORK MORTGAGE AGENCY
SHALL TAKE SUCH ACTIONS INCLUDING, BUT NOT LIMITED TO, MAKING PUBLICLY
AVAILABLE ON ITS WEBSITE A SINGULAR AND CONCISE LIST CONTAINING:
(I) ALL AVAILABLE STATE AND FEDERAL PROGRAMS TO ASSIST WITH PURCHASING
A HOME;
(II) ORGANIZATIONS WHO PROVIDE HOMEOWNERSHIP COUNSELING WHICH SHALL BE
UPDATED ANNUALLY; AND
(III) ALL PARTICIPATING LENDERS.
(B) FOR EXISTING HOMEOWNERS, THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL SHALL TAKE SUCH ACTIONS INCLUDING, BUT NOT LIMITED TO, MAKING
PUBLICLY AVAILABLE ON ITS WEBSITE A SINGULAR CONCISE LIST CONTAINING:
(I) EVERY PROGRAM AVAILABLE TO ASSIST HOMEOWNERS WITH MAKING REPAIRS;
AND
(II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
BE UPDATED ANNUALLY.
(C) FOR EXISTING OWNERS OF MULTI-FAMILY PROPERTIES, THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL TAKE SUCH ACTIONS INCLUDING, BUT NOT
LIMITED TO, MAKING PUBLICLY AVAILABLE ON ITS WEBSITE A SINGULAR AND
CONCISE LIST CONTAINING:
(I) EVERY PROGRAM AVAILABLE TO ASSIST OWNERS WITH MAKING REPAIRS; AND
A. 3006--B 53
(II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
BE UPDATED ANNUALLY.
(D) FOR POTENTIAL DEVELOPERS OF MULTI-FAMILY PROPERTIES, THE DIVISION
OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE SUCH ACTIONS INCLUDING, BUT
NOT LIMITED TO, MAKING PUBLICLY AVAILABLE ON ITS WEBSITE A SINGULAR AND
CONCISE LIST CONTAINING:
(I) EVERY PROGRAM WHERE FUNDING IS CURRENTLY AVAILABLE TO ASSIST WITH
DEVELOPMENT, INCLUDING THE TERM SHEETS AND HOW TO APPLY TO SUCH
PROGRAMS, WHICH SHALL BE UPDATED WHEN THE AVAILABILITY OF FUNDING CHANG-
ES; AND
(II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
BE UPDATED ANNUALLY.
(E) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN CONSULTATION
WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SHALL TAKE SUCH
ACTIONS INCLUDING, BUT NOT LIMITED TO, MAKING PUBLICLY AVAILABLE ON ITS
WEBSITE A SINGULAR AND CONCISE LIST CONTAINING:
(I) EVERY PROGRAM AVAILABLE TO ASSIST INDIVIDUALS CURRENTLY EXPERIENC-
ING HOMELESSNESS OR INDIVIDUALS AT RISK OF HOMELESSNESS, INCLUDING BUT
NOT LIMITED TO, THE NEW YORK STATE RENTAL SUBSIDY PROGRAM, AND ANY OTHER
RENTAL SUPPLEMENT PROGRAM AS AUTHORIZED BY A LOCAL SOCIAL SERVICES
DISTRICT; AND
(II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
BE UPDATED ANNUALLY.
2. THE COMMISSIONER SHALL IDENTIFY SUCH FUNDS AS NECESSARY WHICH MAY
BE USED TO SUBSIDIZE THE HOMEOWNERSHIP OPPORTUNITY CONNECTION PROGRAM.
THE COMMISSIONER SHALL FURTHER IDENTIFY ANY NOT-FOR-PROFIT HOUSING
ORGANIZATIONS TO PROVIDE SERVICES TO COMMUNITIES WITH BELOW AVERAGE
HOMEOWNERSHIP RATES. THE COMMISSIONER MAY, TO THE EXTENT PRACTICABLE,
ALLOCATE FUNDS TO SUCH ORGANIZATIONS FOR THE EXPLICIT PURPOSE OF USING
THEIR MEMBERSHIP OR STAFF TO DIRECTLY SEEK OUT AND NOTIFY RESIDENTS
ABOUT THE HOMEOWNERSHIP OPPORTUNITY CONNECTION PROGRAM AND THE PROGRAMS
OFFERED THEREUNDER.
3. THE COMMISSIONER'S OUTREACH EFFORTS SHALL BE MADE AVAILABLE TO THE
PUBLIC BY ANY MEANS DEEMED APPROPRIATE BY THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL INCLUDING, BUT NOT LIMITED TO:
(A) SOCIAL MEDIA, INTERNET, RADIO, NEWSPAPERS, AND PRINT ADVERTISING;
(B) BROCHURES, BILLBOARDS AND POSTERS;
(C) COLLABORATION WITH SCHOOLS OF HIGHER EDUCATION;
(D) PARTICIPATION IN, OR ORGANIZING OF, HOUSING FAIRS;
(E) COLLABORATION WITH COMMUNITY ORGANIZATIONS OR NOT-FOR-PROFIT
ORGANIZATIONS;
(F) COLLABORATION WITH THE DEPARTMENT OF STATE TO TRAIN REALTORS ON
AVAILABLE PROGRAMS; AND
(G) RECRUITMENT OF INDIVIDUAL VOLUNTEERS TO SERVE AS VISIBLE, PUBLIC
AMBASSADORS TO PROMOTE THIS MESSAGE.
§ 2. Subdivision 1 of section 20 of the public housing law, as amended
by section 2 of part L of chapter 36 of the laws of 2019, is amended to
read as follows:
1. The commissioner shall, on or before October first in each year,
beginning in nineteen hundred ninety, submit AND MAKE PUBLICLY AVAILABLE
ON ITS WEBSITE one or more reports to the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate and minority leader of the assembly on the activity and
implementation of the state housing assistance programs for the previous
fiscal year. In addition, the commissioner shall, on or before February
first in each year, beginning in nineteen hundred ninety-one, submit an
A. 3006--B 54
interim report which contains, in tabular format only, the non-narrative
data compiled through November thirtieth of each year. The commissioner
shall submit on or before February first, nineteen hundred ninety a
report for the fiscal year commencing April first, nineteen hundred
eighty-eight and the most up to date non-narrative data, in tabular
format only, but in no event less than the data compiled through Septem-
ber thirtieth, nineteen hundred eighty-nine. All such reports shall
include, but not be limited to the low income housing trust fund
program, the affordable home ownership development program, the urban
initiatives program, the rural area revitalization program, the rural
rental assistance program, the homeless housing and assistance program,
the housing opportunities program for the elderly, the state of New York
mortgage agency forward commitment and mortgage insurance programs, the
housing finance agency secured loan rental program, the turnkey/enhanced
housing trust fund program, the special needs housing program, the
permanent housing for the homeless program, the infrastructure develop-
ment demonstration program [and], the mobile home cooperative fund
program, THE NEW YORK ACCESS TO HOME PROGRAM, THE NEW YORK MAIN STREET
PROGRAM, THE RURAL AND URBAN COMMUNITY INVESTMENT PROGRAM, THE NEW YORK
ACCESS TO HOMES FOR HEROES PROGRAM, AND THE HOUSING OUR NEIGHBORS WITH
DIGNITY PROGRAM. For the purpose of producing such report or reports,
the commissioner shall be authorized to rely on information provided by
each administering agency or authority. Such report or reports shall, to
the extent applicable to a specific program, include but not be limited
to: (i) a narrative for each program reported describing the program
purpose, eligible applicants, eligible areas, income population to be
served, and limitations on funding; (ii) for each eligible applicant
receiving funding under the Housing Trust Fund or the Affordable Home
Ownership Development programs during the year specified herein, such
applicant's name and address, a description of the applicant's contract
amount, a narrative description of the specific activities performed by
such applicant, and the income levels of the occupants to be served by
the units all as proposed by the applicant at the time the contract is
awarded; (iii) a description of the distribution of funds for each cate-
gory of project funded under each program; (iv) the number of units or
beds under award, under contract, under construction and completed based
on a change in project status during the year for each program; (v) the
number of units or beds assisted during the year under each program;
(vi) the amount and type of assistance provided for such units or beds
placed under contract; (vii) based on total project costs, the number of
units or beds under contract and assisted through new construction,
substantial rehabilitation, moderate rehabilitation, improvements to
existing units or beds, and through acquisition only for each program;
(viii) for the number of units or beds under contract assisted through
new construction, substantial rehabilitation, moderate rehabilitation,
improvements to existing units or beds, and through acquisition only,
the level of state assistance expressed as a percentage of total project
cost; (ix) for those units and beds under contract a calculation of the
amount of non-state funds provided expressed as a percentage of total
project cost; (x) the number of units or beds completed and under award,
under contract and under construction for each program based on the
current program pipeline; (xi) for units or beds for which mortgage
assistance was provided by the state of New York mortgage agency, the
number of existing and newly constructed units; and (xii) a list, by
program, of units or beds assisted within each county. To the extent
that any law establishing or appropriating funds for any of the afore-
A. 3006--B 55
mentioned programs requires the commissioner to produce a report
containing data substantially similar to that required herein, this
report shall be deemed to satisfy such other requirements.
§ 3. Section 2419 of the public authorities law, as amended by chapter
555 of the laws of 1989, is amended to read as follows:
§ 2419. Annual report. The agency shall submit to the governor, the
[chairman] CHAIRPERSON of the senate finance committee, the [chairman]
CHAIRPERSON of the assembly ways and means committee, the comptroller
[and], the director of the budget, AND MAKE PUBLICLY AVAILABLE ON ITS
WEBSITE within six months after the end of its fiscal year, a complete
and detailed report setting forth: (1) its operations and accomplish-
ments; (2) its receipts and expenditures during such fiscal year in
accordance with the categories or classifications established by the
agency for its operating and capital outlay purposes, including a list-
ing of all private consultants engaged by the agency on a contract basis
and a statement of the total amount paid to each such private consult-
ant; (3) its assets and liabilities at the end of its fiscal year,
including a schedule of its mortgages and the status of reserve, special
or other funds; (4) a schedule of its bonds and notes outstanding at the
end of its fiscal year, together with a statement of the amounts
redeemed and incurred during such fiscal year; (5) a schedule of mort-
gages which have been insured during such year and mortgages for which
there exists an outstanding commitment to insure and the status of the
mortgage insurance fund and other funds established by the corporation;
and with respect to the agency's fiscal years ending after nineteen
hundred eighty-five; (6) a breakdown by region (as defined in subdivi-
sion nine of section two thousand four hundred twenty-six of this title)
of the average income of recipients of SONYMA mortgage loans for such
fiscal year, stated separately for SONYMA's tax exempt and blended
program and SONYMA's taxable program; (7) a breakdown by region of the
income distribution of recipients of SONYMA mortgage loans for such
fiscal year, stated separately for SONYMA's tax exempt and blended
program and SONYMA's taxable program; [and] (8) a breakdown by region of
the average purchase price of structures acquired with SONYMA mortgage
loans for such fiscal year, stated separately for SONYMA's tax exempt
and blended program and SONYMA's taxable program; AND (9) ACTIVITIES
UNDERTAKEN TO PROMOTE THE OPERATIONS OF THE AGENCY INCLUDING WHERE ITS
PROMOTED AND ANY ORGANIZATIONS THE AGENCY PARTNERS WITH FOR SUCH ACTIV-
ITIES. With respect to the schedule mentioned in item five hereof, such
schedule shall be submitted within ninety days after the end of its
fiscal year and shall be submitted to the temporary president of the
senate and speaker of the assembly in addition to the aforementioned
officers.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART EE
Section 1. Paragraph (e) of subdivision 2 of section 209 of the social
services law, as amended by section 2 of part H of chapter 56 of the
laws of 2024, is amended to read as follows:
(e) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving enhanced residen-
A. 3006--B 56
tial care, [$1,637.00] $1,768.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
§ 2. This act shall take effect immediately.
PART FF
Section 1. Subdivisions 1 and 3 of section 592 of the labor law, as
amended by chapter 20 of the laws of 2020, are amended to read as
follows:
1. Industrial controversy. (a) The accumulation of benefit rights by a
claimant shall be suspended during a period of [two consecutive weeks]
ONE WEEK beginning with the day after such claimant lost [his or her]
THEIR employment because of a strike or other industrial controversy
except for lockouts, including concerted activity not authorized or
sanctioned by the recognized or certified bargaining agent of the claim-
ant, and other concerted activity conducted in violation of any existing
collective bargaining agreement, in the establishment in which [he or
she] SUCH CLAIMANT was employed, except that benefit rights may be accu-
mulated before the expiration of such [two] ONE week period beginning
with the day after such strike or other industrial controversy was
terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employ-
ee's position. A replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be able
to return to [his or her] SUCH EMPLOYEE'S prior position upon conclusion
of the strike, in the event the strike terminates prior to the conclu-
sion of the employee's eligibility for benefit rights under this chap-
ter. In the event the employer does not permit such return after such
certification, the employee shall be entitled to recover any benefits
lost as a result of the [two] ONE week suspension of benefits, and the
department may impose a penalty upon the employer of up to seven hundred
fifty dollars per employee per week of benefits lost. The penalty
collected shall be paid into the unemployment insurance control fund
established pursuant to section five hundred fifty-two-b of this arti-
cle; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial
controversy that caused [his or her] SUCH CLAIMANT'S unemployment and is
not participating in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy
that caused [his or her] SUCH CLAIMANT'S unemployment and is not partic-
ipating in the industrial controversy.
3. Terms of suspension. [No] THE waiting period [may] AND SUSPENSION
PERIOD SHALL be served [during a suspension period] CONCURRENTLY.
The suspension of accumulation of benefit rights shall not be termi-
nated by subsequent employment of the claimant irrespective of when the
claim is filed except as provided in subdivision one OF THIS SECTION and
shall not be confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven
consecutive calendar days.
§ 2. This act shall take effect immediately.
PART GG
A. 3006--B 57
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
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, 2026. 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.
PART HH
A. 3006--B 58
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 THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
academic [year and thereafter] YEARS; AND (IV) ONE HUNDRED FIFTY THOU-
SAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND TWEN-
TY-FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC YEAR AND THEREAFTER; and (e)
complies with the applicable provisions of this article and all require-
ments 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-
A. 3006--B 59
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. Subparagraph (ii) 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, is amended to read as follows:
(ii) Except for students as noted in subparagraph (iii) of this para-
graph, the base amount as determined from subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than seven thousand None
dollars
(B) Seven thousand dollars or Seven per centum of excess
more, but less than eleven over seven thousand dollars
thousand dollars
(C) Eleven thousand dollars or Two hundred eighty dollars
more, but less than eighteen plus ten per centum of excess
thousand dollars over eleven thousand dollars
(D) Eighteen thousand dollars or Nine hundred eighty dollars
more, but not more than one plus twelve per centum of
hundred [twenty-five] FIFTY excess over eighteen
thousand dollars thousand dollars
§ 3. This act shall take effect immediately and shall apply to academ-
ic years 2025-2026 and thereafter.
PART II
Section 1. The opening paragraph of subdivision 10 of section 590 of
the labor law, as amended by chapter 734 of the laws of 2004, is amended
to read as follows:
Benefits based on professional employment with educational insti-
tutions, including the state university of New York, the city university
of New York and any public community colleges. If a claimant was
employed in an instructional, research, or principal administrative
capacity by an institution of education, including the state university
of New York, the city university of New York and any public community
colleges, or performed services in such an institution in such capacity
while employed by an educational service agency, the following shall
apply to any week commencing during the period between two successive
academic years or terms, or during a similar period between two regular
but not successive terms when the contract provides therefor instead,
provided the claimant has a contract to perform SERVICES, or there is a
reasonable assurance that the claimant will perform SERVICES, [services]
in such capacity for any such institution or institutions for both of
such academic years or such terms, and to any week commencing during an
established and customary vacation period or holiday recess, not between
such academic terms or years, provided the claimant performed services
for such institution immediately before such vacation period or holiday
recess and there is a reasonable assurance that the claimant will
perform any services described in this subdivision or subdivision eleven
A. 3006--B 60
of this section in the period immediately following such vacation period
or holiday recess:
§ 2. Subdivision 11 of section 590 of the labor law is REPEALED and a
new subdivision 11 is added to read as follows:
11. (A) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION, A "CONTRACT
TO PERFORM SERVICES" SHALL REFER ONLY TO AN ENFORCEABLE, NON-CONTINGENT
AGREEMENT THAT PROVIDES FOR COMPENSATION: FOR THE ENTIRE ACADEMIC YEAR;
OR ON AN ANNUAL BASIS, PROVIDED, HOWEVER, THAT THE CONTRACT TERMS
DESCRIBING COMPENSATION NEED NOT BE EXPRESSED SPECIFICALLY AS AN ANNUAL
SALARY. A "CONTRACT TO PERFORM SERVICES" MUST SATISFY ALL OF THE
FOLLOWING CONDITIONS:
(1) THE EDUCATIONAL INSTITUTION HAS MADE A WRITTEN, ORAL OR IMPLIED
OFFER OF EMPLOYMENT, WHICH MUST BE GENUINE, TO THE CLAIMANT FOR EITHER
THE SECOND ACADEMIC YEAR OR TERM OR FOR THE PERIOD FOLLOWING AN ESTAB-
LISHED OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS;
(2) SUCH OFFER WAS MADE BY AN EMPLOYEE OF THE EDUCATIONAL INSTITUTION
WITH AUTHORITY TO MAKE SUCH OFFER;
(3) SUCH OFFER IS FOR SERVICES IN THE SAME CAPACITY AS THE SERVICES
THE CLAIMANT PERFORMED FOR THE EDUCATIONAL INSTITUTION IN THE PRIOR
ACADEMIC YEAR OR TERM OR IN THE PERIOD BEFORE AN ESTABLISHED OR CUSTOM-
ARY VACATION PERIOD OR HOLIDAY RECESS; AND
(4) THE WAGES OR SALARY IN SUCH OFFER ARE IN AN AMOUNT NOT LESS THAN
NINETY PERCENT OF THE AMOUNT PAID TO THE CLAIMANT DURING THE FIRST
ACADEMIC YEAR OR TERM OR DURING THE PERIOD BEFORE AN ESTABLISHED OR
CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS.
(B) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION, A DETERMINATION
THAT THERE IS A "REASONABLE ASSURANCE" SHALL REQUIRE MEETING ALL OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPHS ONE THROUGH FOUR OF PARAGRAPH
(A) OF THIS SUBDIVISION AND THE FOLLOWING CONDITIONS:
(1) SUCH OFFER IS NOT CONTINGENT ON FACTORS WITHIN THE CONTROL OF SUCH
EDUCATIONAL INSTITUTION INCLUDING, BUT NOT LIMITED TO, COURSE PROGRAM-
MING, ALLOCATION OF AVAILABLE FUNDING, PROGRAM MODIFICATIONS, OR FACILI-
TY AVAILABILITY; AND
(2) BASED ON THE TOTALITY OF THE CIRCUMSTANCES, IT IS HIGHLY PROBABLE
THAT THERE IS A JOB AVAILABLE FOR THE CLAIMANT IN THE SAME CAPACITY
DURING THE SECOND ACADEMIC YEAR OR TERM OR DURING THE PERIOD FOLLOWING
AN ESTABLISHED OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS, INCLUD-
ING, BUT NOT LIMITED TO, AVAILABILITY OF FUNDING, ENROLLMENT LEVELS, THE
CLAIMANT'S LEVEL OF SENIORITY, BUDGETING AND ASSIGNMENT PRACTICES AT THE
EDUCATIONAL INSTITUTION, THE NUMBER OF OFFERS MADE IN RELATION TO THE
NUMBER OF POTENTIAL ASSIGNMENTS, THE PERIOD OF STUDENT REGISTRATION, AND
ANY OTHER CONTINGENCIES IN THE OFFER. WHEN CONSIDERING WHETHER FUNDING
SHALL BE AVAILABLE, THE FOLLOWING CRITERIA SHALL BE CONSIDERED: (I) THE
HISTORY OF THE EDUCATIONAL INSTITUTION'S FUNDING, AND THE LIKELIHOOD
THAT THE EDUCATIONAL INSTITUTION WILL RECEIVE SUCH FUNDING, FOR A
SPECIFIC COURSE; AND (II) THE CLAIMANT'S LIKELIHOOD OF RECEIVING AN
ASSIGNMENT.
(C) REASONABLE ASSURANCE SHALL BE DETERMINED ON A CASE-BY-CASE BASIS
BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY ONE
FACTOR. PRIMARY WEIGHT SHALL BE GIVEN TO THE CONTINGENT NATURE OF AN
OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES;
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING, A
WRITTEN LETTER FROM AN EDUCATIONAL INSTITUTION TO A CLAIMANT WHICH MAKES
EMPLOYMENT CONDITIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE
ASSURANCE TO BE USED TO DENY A CLAIM FOR UNEMPLOYMENT. THE EDUCATIONAL
INSTITUTION SHALL SUPPLY SPECIFIC DOCUMENTATION TO SUPPORT ITS OBJECTION
A. 3006--B 61
THAT IT HAS PROVIDED A CONTRACT TO PERFORM SERVICES AND/OR REASONABLE
ASSURANCE. IF THE EDUCATIONAL INSTITUTION FAILS TO SUPPLY SUCH SPECIFIC
DOCUMENTATION, THE OBJECTION SHALL BE DEEMED INVALID.
(D) (1) THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION SHALL NOT BE
INTERPRETED, IMPLEMENTED, OR OTHERWISE CONSTRUED IN ANY WAY TO APPLY TO
SERVICES IN A NONPROFESSIONAL CAPACITY.
(2) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION TEN OF THIS
SECTION:
(I) "PROFESSIONAL CAPACITY" SHALL STRICTLY APPLY TO SERVICES PERFORMED
IN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRATIVE CAPACITY WITH
EDUCATIONAL INSTITUTIONS, INCLUDING THE STATE UNIVERSITY OF NEW YORK,
THE CITY UNIVERSITY OF NEW YORK AND ANY PUBLIC COMMUNITY COLLEGE.
(II) "SERVICES IN A NONPROFESSIONAL CAPACITY" SHALL APPLY TO SERVICES
IN ANY CAPACITY OTHER THAN A PROFESSIONAL CAPACITY AND ENCOMPASSES ANY
SERVICES OTHER THAN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRA-
TIVE CAPACITY, REGARDLESS OF THE LEGAL OR EDUCATIONAL REQUIREMENTS TO
PERFORM SUCH SERVICES.
§ 3. This act shall take effect immediately.
PART JJ
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 KK
Section 1. Section 410-x of the social services law is amended by
adding a new subdivision 5-a to read as follows:
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
A. 3006--B 62
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. This act shall take effect immediately.
PART LL
Section 1. Paragraph (b) of subdivision 5 of section 590 of the labor
law, as added by section 10 of part O of chapter 57 of the laws of 2013,
is amended to read as follows:
(b) Notwithstanding the foregoing, the maximum benefit amount shall
not be increased in accordance with the schedule set forth in paragraph
(a) of this subdivision in any year in which the balance of the fund is
determined by the commissioner to not have reached or exceeded thirty
percent of the average high cost multiple, as defined in 20 CFR Part 606
as the standard for receipt of interest-free federal loans, on at least
one day between April first and June thirtieth of the same calendar year
as the increase shall take effect. If, following such suspension of an
increase in the maximum benefit amount, the commissioner shall deter-
mine, on at least one day between April first and June thirtieth that
the balance of the fund is greater than such thirty percent average high
cost multiple, then the maximum benefit amount shall increase to the
[percentage for the year previously] RATE scheduled to be established
pursuant to paragraph (a) of this subdivision had the increase not been
suspended and increased annually thereafter in accordance with the sche-
dule set forth in paragraph (a) of this subdivision. In no case shall
such suspension result in a reduction of the maximum benefit amount to
less than the amount provided in the most recent year.
§ 2. This act shall take effect immediately.
PART MM
Section 1. Section 12 of chapter 19 of the laws of 2020, authorizing
the commissioner of education and the chancellor of the board of
regents, with the approval of the board of regents, to appoint monitors
A. 3006--B 63
to oversee the Hempstead union free school district, and authorizing the
commissioner of education to appoint a monitor to oversee the Hempstead
union free school district and establishing the powers and duties of
such monitor, is amended to read as follows:
§ 12. This act shall take effect immediately; provided, however,
section one of this act shall take effect on the same date as a chapter
of the laws of 2019, authorizing the commissioner of education and the
chancellor of the board of regents, with the approval of the board of
regents, to appoint monitors to oversee the Hempstead union free school
district, as proposed in legislative bills numbers S.6559 and A.8403,
takes effect; and provided further, however sections two, three, four,
five, six, seven, eight, nine, ten and eleven of this act shall expire
and be deemed repealed June 30, [2025] 2030.
§ 2. Section 12 of part C of chapter 56 of the laws of 2020, directing
the commissioner of education to appoint a monitor for the Rochester
city school district, establishing the powers and duties of such monitor
and certain other officers and relating to the apportionment of aid to
such school district, as amended by section 25 of part A of chapter 56
of the laws of 2023, is amended to read as follows:
§ 12. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven, eight, nine and ten of this
act shall expire and be deemed repealed June 30, [2025] 2028; and
provided further, however that sections one and eleven of this act shall
expire and be deemed repealed June 30, 2049.
§ 3. Section 13 of chapter 18 of the laws of 2020 authorizing the
commissioner of education to appoint a monitor to oversee the Wyandanch
union free school district and establishing the powers and duties of
such monitor; and authorizing deficit financing and an advance of aid
payments for the Wyandanch union free school district, is amended to
read as follows:
§ 13. This act shall take effect immediately, provided however:
(A) Section one of this act shall take effect on the same date as a
chapter of the laws of 2019, authorizing the commissioner of education,
in consultation with the comptroller to appoint a monitor to oversee the
Wyandanch union free school district and establishing the powers and
duties of the monitor, as proposed in legislative bills numbers S.6588-A
and A.8422-A, takes effect.
(B) Sections three through ten of this act shall expire and be deemed
repealed June 30, [2025] 2030.
(C) Section eleven shall expire and be deemed repealed June 30 of the
last fiscal year during which serial bonds or bonds issued to refund
such serial bonds that are outstanding pursuant to such section of this
act, provided that the superintendent of the Wyandanch union free school
district shall notify the legislative bill drafting commission upon such
occurrence in order that the commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.
(D) Sections two and twelve of this act shall expire and be deemed
repealed June 30, 2049.
§ 4. This act shall take effect immediately.
PART NN
Section 1. The social services law is amended by adding a new section
390-n to read as follows:
A. 3006--B 64
§ 390-N. NEW YORK COALITION FOR CHILD CARE. 1. THERE SHALL BE ESTAB-
LISHED WITHIN THE OFFICE OF CHILDREN AND FAMILY SERVICES A NEW YORK
COALITION FOR CHILD CARE (HEREINAFTER REFERRED TO AS "THE COALITION")
FOR THE PURPOSE OF RESEARCHING AND DEVELOPING REVENUE-GENERATING STRATE-
GIES TO FUND FUTURE CHILD CARE SPENDING IN THE STATE TO ACHIEVE
UNIVERSAL CHILD CARE ACCESS.
2. THE COALITION SHALL BE CHAIRED BY A REPRESENTATIVE OF THE EXECUTIVE
CHAMBER AND THE COMMISSIONERS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND THE DEPARTMENT OF TAXATION AND FINANCE, OR THEIR DESIGNEES.
MEMBERS OF THE COALITION SHALL SERVE WITHOUT COMPENSATION BUT MAY BE
REIMBURSED FOR ACTUAL COSTS INCURRED FOR PARTICIPATION ON SUCH COALI-
TION. ENSURING ADEQUATE GEOGRAPHIC, RACIAL, AND ETHNIC REPRESENTATION,
MEMBERS OF THE COALITION SHALL BE APPOINTED BY THE GOVERNOR AND
COMPRISED AS FOLLOWS:
(A) TWO INDIVIDUALS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY, ONE OF WHOM SHALL BE A REPRESENTATIVE FROM A
NONPROFIT CHILD ADVOCACY ORGANIZATION AND ONE OF WHOM SHALL BE A FINAN-
CIAL EXPERT SPECIALIZING IN PUBLIC FINANCE OR TAXATION;
(B) TWO INDIVIDUALS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE, ONE OF WHOM SHALL BE A REPRESENTATIVE
FROM BUSINESS OR INDUSTRY THAT PROVIDES CHILD CARE BENEFITS TO EMPLOYEES
AND ONE OF WHOM SHALL BE A FINANCIAL EXPERT SPECIALIZING IN PUBLIC
FINANCE OR TAXATION;
(C) ONE INDIVIDUAL SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE ASSEMBLY;
(D) ONE INDIVIDUAL SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE;
(E) TWO REPRESENTATIVES OF A CHILD CARE RESOURCE AND REFERRAL AGENCY,
AS DEFINED UNDER SECTION FOUR HUNDRED TEN-P OF THIS ARTICLE;
(F) THREE REPRESENTATIVES OF HOME-BASED CHILD CARE PROVIDERS;
(G) THREE REPRESENTATIVES OF CENTER-BASED CHILD CARE PROVIDERS;
(H) TWO REPRESENTATIVES FROM THE BUSINESS COMMUNITY;
(I) TWO REPRESENTATIVES FROM LABOR UNIONS THAT REPRESENT CHILD CARE
PROVIDERS. REPRESENTATION SHALL BE CONSISTENT WITH THE GEOGRAPHIC
DIVERSITY OF THE STATE, AND SHALL INCLUDE AT LEAST ONE REPRESENTATIVE
FROM THE NORTH COUNTRY REGION; AND
(J) AT LEAST ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING ENTITIES:
(I) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE;
(II) THE COUNCIL ON CHILDREN AND FAMILIES;
(III) THE DEPARTMENT OF TAXATION AND FINANCE;
(IV) A REGIONAL ECONOMIC DEVELOPMENT COUNCIL;
(V) THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW
YORK;
(VI) THE STATE EDUCATION DEPARTMENT;
(VII) THE EARLY CHILDHOOD ADVISORY COUNCIL;
(VIII) A SOCIAL SERVICES DISTRICT OR COUNTY GOVERNMENT OR AN ENTITY
THAT ADVOCATES ON BEHALF OF SOCIAL SERVICES OR COUNTY GOVERNMENTS; AND
(IX) A NON-PROFIT CHILD CARE ADVOCACY ORGANIZATION.
3. THE COALITION SHALL:
(A) RESEARCH AND EVALUATE POTENTIAL REVENUE-GENERATING MECHANISMS TO
SUPPORT SUSTAINABLE CHILD CARE FUNDING TO SUPPORT UNIVERSAL CHILD CARE
ACCESS, INCLUDING BUT NOT LIMITED TO PUBLIC-PRIVATE PARTNERSHIPS, DEDI-
CATED TAX REVENUES, EMPLOYER CONTRIBUTIONS, AND OTHER INNOVATIVE FUNDING
SOURCES;
(B) ANALYZE EXISTING CHILD CARE FUNDING STREAMS AND ASSESS THEIR EFFI-
CIENCY AND EFFECTIVENESS IN MEETING THE NEEDS OF FAMILIES AND PROVIDERS
A. 3006--B 65
THROUGHOUT THE STATE, IDENTIFY GAPS IN CURRENT FUNDING STRUCTURES THAT
HINDER PROGRESS TOWARD UNIVERSAL CHILD CARE, AND EVALUATE HOW EXISTING
RESOURCES CAN BE OPTIMIZED OR EXPANDED TO DEVELOP A COMPREHENSIVE, LONG-
TERM FUNDING STRATEGY FOR UNIVERSAL CHILD CARE;
(C) SOLICIT INPUT FROM STAKEHOLDERS, INCLUDING CHILD CARE PROVIDERS,
BUSINESSES, LABOR ORGANIZATIONS, AND ADVOCACY GROUPS, TO ENSURE A BROAD
AND DIVERSE RANGE OF PERSPECTIVES;
(D) IDENTIFY BEST PRACTICES FROM OTHER JURISDICTIONS THAT HAVE
SUCCESSFULLY IMPLEMENTED REVENUE-GENERATING MODELS FOR CHILD CARE FUND-
ING;
(E) DEVELOP RECOMMENDATIONS AND PROPOSE LEGISLATIVE OR REGULATORY
CHANGES NECESSARY TO IMPLEMENT SUSTAINABLE FUNDING MECHANISMS FOR CHILD
CARE IN NEW YORK STATE;
(F) EXAMINE WORKFORCE ISSUES RELATED TO THE CHILD CARE SECTOR, INCLUD-
ING STAFFING SHORTAGES, RETENTION CHALLENGES, AND BARRIERS TO WORKFORCE
EXPANSION;
(G) IDENTIFY AND RECOMMEND FUNDING STRATEGIES TO SUPPORT WORKFORCE
DEVELOPMENT, TRAINING PROGRAMS, AND INITIATIVES TO INCREASE THE NUMBER
OF QUALIFIED CHILD CARE GIVERS; AND
(H) CONDUCT ANY OTHER ACTIVITIES THE COALITION DEEMS NECESSARY TO
FULFILL ITS MANDATE.
4. (A) THE COALITION SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE NO
LATER THAN DECEMBER FIFTEENTH, TWO THOUSAND TWENTY-FIVE.
(B) THE COALITION SHALL ALSO REPORT ON THE IMPLEMENTATION OF ANY
RECOMMENDATIONS THAT RESULT FROM ITS FINDINGS. SUCH ADDITIONAL REPORTS
SHALL BE PROVIDED ANNUALLY, BEGINNING JULY FIRST, TWO THOUSAND TWENTY-
SEVEN.
§ 2. This act shall take effect April 1, 2025 and shall remain in
effect until the submission of the New York coalition for child care's
final report, when it shall be deemed repealed. The commissioner of the
office of children and family services shall notify the legislative bill
drafting commission upon the submission of the report required in subdi-
vision 4 of section 390-n of the social services law as added by section
one of this act in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws of the
state of New York in furtherance of effectuating the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law.
§ 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 NN of this act shall be
as specifically set forth in the last section of such Parts.
2025-A3006C (ACTIVE) - Details
- See Senate Version of this Bill:
- S3006
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-A3006C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year; relates to contracts for excellence; relates to calculation of state aid to school districts; relates to a statewide dual enrollment policy
2025-A3006C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3006--C A. 3006--C
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to contracts for excel-
lence; to amend the education law, in relation to foundation aid; to
amend the education law, in relation to the establishment of a state-
wide dual enrollment program policy; to amend the education law, in
relation to allowable transportation expenses; to amend the education
law, in relation to universal pre-kindergarten and the Statewide
universal full-day pre-kindergarten program; to amend the education
law, in relation to state aid adjustments; to amend the education law,
in relation to the apportionment of moneys for school aid; to amend
chapter 378 of the laws of 2010 amending the education law relating to
paperwork reduction, in relation to extending the provisions thereof;
to amend the education law and the general business law, in relation
to requirements for zero-emissions school buses; to amend chapter 756
of the laws of 1992 relating to funding a program for work force
education conducted by the consortium for worker education in New York
city, in relation to reimbursement for the 2025-2026 school year with-
holding a portion of employment preparation education aid and in
relation to the effectiveness thereof; to amend the education law, in
relation to maximum class sizes for special classes for certain
students with disabilities; to amend chapter 82 of the laws of 1995
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-05-5
S. 3006--C 2 A. 3006--C
amending the education law and other laws relating to state aid to
school districts and the appropriation of funds for the support of
government, in relation to the effectiveness thereof; to amend part C
of chapter 56 of the laws of 2020 directing the commissioner of educa-
tion to appoint a monitor for the Rochester city school district,
establishing the powers and duties of such monitor and certain other
officers and relating to the apportionment of aid to such school
district, in relation to the effectiveness thereof; to amend chapter
19 of the laws of 2020 authorizing the commissioner of education to
appoint a monitor to oversee the Hempstead union free school district
and establishing the powers and duties of such monitor, in relation to
the effectiveness thereof; to amend chapter 18 of the laws of 2020
authorizing the commissioner of education to appoint a monitor to
oversee the Wyandanch union free school district and establishing the
powers and duties of the monitor, in relation to the effectiveness
thereof; to amend chapter 89 of the laws of 2016 relating to supple-
mentary funding for dedicated programs for public school students in
the East Ramapo central school district, in relation to the effective-
ness thereof; to amend the education law, in relation to creat-
ing safe harbors and a phase-in period for compliance with certain
sections of such law relating to instruction at nonpublic schools;
providing for special apportionment for salary expenses; providing for
special apportionment for public pension accruals; to amend chapter
121 of the laws of 1996 authorizing the Roosevelt union free school
district to finance deficits by the issuance of serial bonds, in
relation to an apportionment for salary expenses; providing for set-a-
sides from the state funds which certain districts are receiving from
the total foundation aid; providing for support of public libraries;
and to repeal certain provisions of the education law relating to
calculation of school aid (Part A); to amend the education law, in
relation to establishing a universal free school meals program; and to
repeal section 925 of the education law relating to the community
eligibility provision state subsidy (Part B); to amend the education
law, in relation to student use of internet-enabled devices during the
school day (Part C); to amend the education law in relation to schol-
arships awarded to part-time students by the New York state higher
education services corporation; to amend the education law, in
relation to making conforming changes; to repeal section 666 of the
education law, relating to tuition awards for part-time undergraduate
students; and to repeal section 667-c-1 of the education law relating
to the New York state part-time scholarship award program (Part D); to
amend the education law, in relation to excelsior scholarship awarded
to students by the New York state higher education services corpo-
ration (Part E); to amend the education law, in relation to creating a
New York opportunity promise scholarship (Part F); intentionally omit-
ted (Part G); intentionally omitted (Part H); intentionally omitted
(Part I); intentionally omitted (Part J); intentionally omitted (Part
K); to amend the private housing finance law, in relation to reduction
of taxes pursuant to shelter rent (Part L); intentionally omitted
(Part M); to utilize reserves in the mortgage insurance fund for vari-
ous housing purposes (Part N); to amend part N of chapter 56 of the
laws of 2020, amending the social services law relating to restructur-
ing financing for residential school placements, in relation to the
effectiveness thereof (Part O); to amend the social services law, in
relation to certification of child care support centers to place
substitute caregivers in licensed and registered child care programs
S. 3006--C 3 A. 3006--C
(Part P); to amend the social services law, in relation to improving
infancy health by increasing public assistance allowances to certain
persons (Part Q); 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 R); to amend part W of chapter
54 of the laws of 2016 amending the social services law relating to
the powers and duties of the commissioner of social services relating
to the appointment of a temporary operator, in relation to the effec-
tiveness thereof (Part S); to amend the labor law, in relation to
revising the healthy terminals act (Part T); to amend the labor law,
in relation to limiting liquidated damages in certain frequency of pay
violations (Part U); to amend the labor law, in relation to civil
penalties for violations of certain provisions for the payment of
wages (Part V); to amend the labor law, in relation to the civil
penalties for violations of child labor laws (Part W); to amend the
labor law and the education law, in relation to digitizing the process
by which minors apply for employment certificates or working papers;
and to repeal certain provisions of the labor law and the education
law relating thereto (Part X); to amend the veterans' services law, in
relation to annuity to be paid to parents, spouses, and minor children
of service members who died while on active duty; and to authorize the
commissioner of veterans' services to conduct an outreach program for
the purpose of informing the public and persons who may be eligible to
receive an annuity (Part Y); intentionally omitted (Part Z); in
relation to requiring the submission of an annual report on the New
York state museum (Part AA); to amend the labor law, in relation to
decreasing the length of the suspension period applicable to certain
striking workers who seek to obtain unemployment insurance benefits
(Part BB); to amend the social services law, in relation to the main-
tenance of effort requirements of social services districts in provid-
ing child care assistance under the child care block grant (Part CC);
to amend the penal law, in relation to evading arrest by concealment
of identity (Part DD); to amend the correction law, in relation to
merit time allowance and limited credit time allowance (Part EE); in
relation to authorizing the commissioner of education to appoint a
monitor to oversee the Mount Vernon city school district and estab-
lishing the powers and duties of such monitor; and providing for the
repeal of such provisions upon expiration thereof (Part FF); to amend
the general business law, the real property law and the administrative
code of the city of New York, in relation to providing expanded
homeownership opportunities from the conversion of certain residential
rental buildings to condominium status by property owners that commit
to the stewardship of permanently affordable units and the preserva-
tion of expiring affordable housing inventory in the city of New York;
and providing for the repeal of certain provisions upon expiration
thereof (Part GG); to amend the public housing law, in relation to
establishing the housing access voucher pilot program (Part HH); to
amend section 2 of chapter 868 of the laws of 1975 constituting the
New York state financial emergency act for the city of New York, in
relation to the effectiveness thereof (Part II); to amend the public
authorities law, in relation to establishing the city of Buffalo park-
ing authority (Part JJ); to amend the labor law, in relation to
increasing the maximum benefit rate for unemployment insurance (Part
KK); to amend the criminal procedure law, in relation to discovery
reform (Part LL); and in relation to providing for the administration
of certain funds and accounts related to the 2025-2026 budget, author-
S. 3006--C 4 A. 3006--C
izing certain payments and transfers; to amend the state finance law,
in relation to the administration of certain funds and accounts, in
relation to the effectiveness thereof, and in relation to interest
owed on outstanding balances of debt; to amend part XX of chapter 56
of the laws of 2024, amending the state finance law and other laws
relating to providing for the administration of certain funds and
accounts related to the 2023-2024 budget, in relation to the effec-
tiveness thereof; to amend the state finance law, in relation to the
school tax relief fund; to amend the state finance law, in relation to
the dedicated infrastructure investment fund; authorizing the comp-
troller to transfer up to $25,000,000 from various state bond funds to
the general debt service fund for the purposes of redeeming or defeas-
ing outstanding state bonds; to amend the private housing finance
law, in relation to housing program bonds and notes; to amend the
public authorities law, in relation to the issuance of bonds and notes
by the dedicated highway and bridge trust fund; to amend the public
authorities law, in relation to the issuance of bonds and notes for
city university facilities; to amend the public authorities law, in
relation to the issuance of bonds for library construction projects;
to amend the public authorities law, in relation to the issuance of
bonds for state university educational facilities; to amend the public
authorities law, in relation to the issuance of bonds and notes for
locally sponsored community colleges; to amend the New York state
medical care facilities finance agency act, in relation to the issu-
ance of mental health services facilities improvement bonds and notes;
to amend part K of chapter 81 of the laws of 2002, relating to provid-
ing for the administration of certain funds and accounts related to
the 2002-2003 budget, in relation to the issuance of bonds and notes
to finance capital costs related to homeland security; to amend the
urban development corporation act, in relation to the issuance of
bonds and notes for purposes of funding office of information technol-
ogy services project costs; to amend chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the estab-
lishment of the dedicated highway and bridge trust fund, in relation
to the issuance of funds to the thruway authority; to amend the urban
development corporation act, in relation to the issuance of bonds and
notes to fund costs for statewide equipment; to amend the public
authorities law, in relation to the issuance of bonds for purposes of
financing environmental infrastructure projects; to amend part D of
chapter 389 of the laws of 1997, relating to the financing of the
correctional facilities improvement fund and the youth facility
improvement fund, in relation to the issuance of bonds and notes for
the youth facilities improvement fund; to amend the public authori-
ties law, in relation to the issuance of bonds and notes for the
purpose of financing peace bridge projects and capital costs of state
and local highways; to amend the urban development corporation act, in
relation to the issuance of bonds for economic development initi-
atives; to amend part Y of chapter 61 of the laws of 2005, relating to
providing for the administration of certain funds and accounts
related to the 2005-2006 budget, in relation to the issuance of bonds
and notes for the purpose of financing capital projects for the divi-
sion of military and naval affairs and initiative of the state police;
to amend the public authorities law, in relation to the issuance of
bonds and notes for the purpose of financing the construction of the
New York state agriculture and markets food laboratory; to amend the
public authorities law, in relation to authorization for the issuance
S. 3006--C 5 A. 3006--C
of bonds for the capital restructuring financing program, the health
care facility transformation programs, and the essential health care
provider program; to amend the public authorities law, in relation to
the issuance of bonds or notes for the purpose of assisting the
metropolitan transportation authority in the financing of transporta-
tion facilities; to amend part D of chapter 389 of the laws of 1997,
relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of certain bonds and notes; to amend the public authorities law,
in relation to funds for the department of health and financing
through the dormitory authority; to amend the public health law, in
relation to the department of health income fund; to amend chapter 174
of the laws of 1968 constituting the urban development corporation
act, in relation to personal income tax revenue anticipation notes; to
amend the state finance law, in relation to certain revenue bonds; to
repeal certain provisions of the state finance law relating to the
accident prevention course internet, and other technology pilot
program fund, relating to the required contents of the budget, relat-
ing to the deposit of receipts derived from certain indirect cost
assessments and relating to the New York state storm recovery capital
fund; to repeal certain provisions of the urban development corpo-
ration act relating to funding project costs for restoring state prop-
erties damaged as a result of Storm Sandy; and providing for the
repeal of certain provisions upon expiration thereof (Part MM)
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 2025-2026 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through MM. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2024, 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
S. 3006--C 6 A. 3006--C
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
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
S. 3006--C 7 A. 3006--C
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
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-
S. 3006--C 8 A. 3006--C
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; provided, however, that, in a
city school district in a city having a population of one million or
more, notwithstanding the requirements of subparagraph (vi) of paragraph
a of subdivision two of this section, the contract for excellence shall
provide for the expenditure as set forth in subparagraph (v) of para-
graph a of subdivision two of this section. For purposes of this para-
graph, the "gap elimination adjustment percentage" shall be calculated
as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Paragraph p of subdivision 1 of section 3602 of the education law
is REPEALED.
§ 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
q of subdivision 1 of section 3602 of the education law, as amended by
section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
read as follows:
S. 3006--C 9 A. 3006--C
"Poverty count" shall mean the sum of the product of the [lunch]
ECONOMICALLY DISADVANTAGED STUDENT count multiplied by sixty-five
percent, plus the product of the [census] SAIPE count multiplied by
sixty-five percent, where:
(i) ["Lunch] "ECONOMICALLY DISADVANTAGED STUDENT count" shall mean the
product of the public school enrollment of the school district on the
date enrollment was counted in accordance with this subdivision for the
base year multiplied by the three-year average [free and reduced price
lunch percent] ECONOMICALLY DISADVANTAGED RATE; and
(ii) ["Census] "SAIPE count" shall mean the product of the public
school enrollment of the school district on the date enrollment was
counted in accordance with this subdivision for the base year multiplied
by the [census 2000 poverty] THREE-YEAR AVERAGE SMALL AREA INCOME AND
POVERTY ESTIMATE rate.
§ 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
of section 3602 of the education law are REPEALED.
§ 4-a. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 8 of part A of chapter 56 of the laws of
2022, 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 [fifty percent] THE ELL
WEIGHT, plus, the poverty count and the sparsity count, PROVIDED THAT
THE 'ELL WEIGHT' SHALL BE FIVE TENTHS (0.50) FOR THE TWO THOUSAND TWEN-
TY-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 THEREAFTER.
§ 5. Paragraph kk of subdivision 1 of section 3602 of the education
law is REPEALED.
§ 6. Paragraph ll of subdivision 1 of section 3602 of the education
law, as added by section 11-a of part A of chapter 56 of the laws of
2021, is renumbered subparagraph (iv) of paragraph q of such subdivision
1 and is amended to read as follows:
(iv) (1) "Economically disadvantaged count" shall be equal to the
unduplicated count of all children registered to receive educational
services in grades kindergarten through twelve, including children in
ungraded programs who participate in, or whose family participates in,
economic assistance programs, such as the free or reduced-price lunch
programs, Social Security Insurance, Supplemental Nutrition Assistance
Program, Foster Care, Refugee Assistance (cash or medical assistance),
Earned Income Tax Credit (EITC), Home Energy Assistance Program (HEAP),
Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
rary Assistance for Needy Families (TANF).
(2) "Economically disadvantaged rate" shall mean the quotient arrived
at when dividing the economically disadvantaged count by public enroll-
ment as computed pursuant to subparagraph one of paragraph n of this
subdivision.
(3) "Three-year average economically disadvantaged rate" shall equal
the quotient of: (i) the sum of the economically disadvantaged count 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) the sum of
enrollment as computed pursuant to subparagraph one of paragraph n of
THIS subdivision [one of this section] 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, [computed] ROUNDED to four decimals [without rounding].
S. 3006--C 10 A. 3006--C
§ 7. Paragraph mm of subdivision 1 of section 3602 of the education
law is renumbered subparagraph (iii) of paragraph q of such subdivision
1 and is amended to read as follows:
(iii) "Three-year average small area income and poverty estimate rate"
shall equal the quotient of: (i) the sum of the number of persons aged
five to seventeen within the school district, based on the small area
income and poverty estimates produced by the United States census
bureau, whose families had incomes below the poverty level for the
calendar year prior to the year in which the base year began, plus such
number for the calendar year two years prior to the year in which the
base year began, plus such number for the calendar year three years
prior to the year in which the base year began; divided by (ii) the sum
of the total number of persons aged five to seventeen within the school
district, based on such census bureau estimates, for the year prior to
the year in which the base year began, plus such total number for the
year two years prior to the year in which the base year began, plus such
total number for the year three years prior to the year in which the
base year began, [computed] ROUNDED to four decimals [without rounding].
§ 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2008, is amended to read as follows:
(2) a value computed by subtracting from one the product obtained by
multiplying the combined wealth ratio by sixty-four hundredths, PROVIDED
HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR
TOTAL FOUNDATION AID, THE TIER TWO VALUE SHALL BE COMPUTED BY SUBTRACT-
ING FROM ONE THE PRODUCT OBTAINED WHEN MULTIPLYING THE COMBINED WEALTH
RATIO BY SIX HUNDRED SIXTEEN THOUSANDTHS (0.616) AND SUCH VALUES SHALL
BE COMPUTED USING THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID IN
PLACE OF THE COMBINED WEALTH RATIO; or
§ 9. The closing paragraph of paragraph g of subdivision 3 of section
3602 of the education law, as amended by section 8 of part A of chapter
56 of the laws of 2024, is amended to read as follows:
Such result shall be expressed as a decimal carried to three places
without rounding, but shall not be greater than ninety hundredths nor
less than zero, provided, however, that for the purpose of computing the
state sharing ratio for total foundation aid in the two thousand twen-
ty-four--two thousand twenty-five school year [and thereafter], such
result shall not be greater than ninety-one hundredths (0.91), AND THAT
FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDA-
TION AID IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-THREE
HUNDREDTHS (0.93).
§ 10. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph f to read as follows:
F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOU-
SAND TWENTY-SIX SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUNDA-
TION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 10-a. Subparagraph 2 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:
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
S. 3006--C 11 A. 3006--C
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
PROVIDED THAT IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-
SIX SCHOOL YEAR AND THEREAFTER, THE REGIONAL COST INDEX FOR WESTCHESTER
COUNTY SHALL BE 1.351.
§ 10-b. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by chapter 130 of the laws of 2022, is amended to read
as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, including
approved expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant to
section eleven hundred ten of the public health law provided that such
expenses for testing of potable water systems are not reimbursable from
another state or federal source, except that that part of the salary
paid any teacher, supervisor or other employee of the board of cooper-
ative educational services which is, (I) FOR AID PAYABLE IN THE TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND PRIOR
SCHOOL YEARS in excess of thirty thousand dollars, (II) FOR AID PAYABLE
IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR IN
EXCESS OF FORTY THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOU-
SAND TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR IN EXCESS OF
FIFTY THOUSAND DOLLARS, AND (IV) FOR AID PAYABLE IN THE TWO THOUSAND
TWENTY-EIGHT--TWO THOUSAND TWENTY-NINE SCHOOL YEAR AND THEREAFTER, IN
EXCESS OF SIXTY THOUSAND DOLLARS, shall not be such an approved expense,
and except also that administrative and clerical expenses shall not
exceed ten percent of the total expenses for purposes of this computa-
tion. Any gifts, donations or interest earned by the board of cooper-
ative educational services or on behalf of the board of cooperative
educational services by the dormitory authority or any other source
shall not be deducted in determining the cost of services allocated to
each component school district. Any payments made to a component school
district by the board of cooperative educational services pursuant to
subdivision eleven of section six-p of the general municipal law attrib-
utable to an approved cost of service computed pursuant to this subdivi-
sion shall be deducted from the cost of services allocated to such
component school district. The expense of transportation provided by the
board of cooperative educational services pursuant to paragraph q of
subdivision four of this section shall be eligible for aid apportioned
pursuant to subdivision seven of section thirty-six hundred two of this
chapter and no board of cooperative educational services transportation
expense shall be an approved cost of services for the computation of aid
under this subdivision. Transportation expense pursuant to paragraph q
S. 3006--C 12 A. 3006--C
of subdivision four of this section shall be included in the computation
of the ten percent limitation on administrative and clerical expenses.
§ 10-c. Paragraph b of subdivision 10 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
b. (1) Aid for career education. There shall be apportioned to such
city school districts and other school districts which were not compo-
nents of a board of cooperative educational services in the base year
for pupils in SELECTED grades [ten through twelve] in attendance in
career education programs as such programs are defined by the commis-
sioner, subject for the purposes of this paragraph to the approval of
the director of the budget, an amount for each such pupil to be computed
by multiplying the career education aid ratio by three thousand nine
hundred dollars FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE SCHOOL YEAR AND PRIOR AND FOUR THOUSAND ONE 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 [ten through twelve] in career education
sequences in trade, industrial, technical, agricultural or health
programs plus the product of sixteen hundredths multiplied by the
attendance of students in SELECTED grades [ten through twelve] in career
education sequences in business and marketing as defined by the commis-
sioner in regulations. The career education aid ratio shall be computed
by subtracting from one the product obtained by multiplying fifty-nine
percent by the combined wealth ratio. This aid ratio shall be expressed
as a decimal carried to three places without rounding, but not less than
thirty-six percent. 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 THOU-
SAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER.
(2) Any school district that receives aid pursuant to this paragraph
shall be required to use such amount to support career education
programs in the current year.
(3) A board of education which spends less than its local funds as
defined by regulations of the commissioner for career education in the
base year during the current year shall have its apportionment under
this subdivision reduced in an amount equal to such deficiency in the
current or a succeeding school year, provided however that the commis-
sioner may waive such reduction upon determination that overall expendi-
tures per pupil in support of career education programs were continued
at a level equal to or greater than the level of such overall expendi-
tures per pupil in the preceding school year.
§ 10-d. The opening paragraph of subdivision 41 of section 3602 of the
education law, as amended by section 20 of part B of chapter 57 of the
laws of 2008, is amended and a new paragraph (e) is added to read as
follows:
Transitional aid for charter school payments. In addition to any other
apportionment under this section, for the two thousand seven--two thou-
sand eight school year and thereafter, a school district other than a
city school district in a city having a population of one million or
more shall be eligible for an apportionment in an amount equal to the
S. 3006--C 13 A. 3006--C
GREATER OF THE sum of PARAGRAPHS (A), (B), AND (C), OR PARAGRAPH (E) OF
THIS SUBDIVISION.
(E) FOR SCHOOL DISTRICTS OTHER THAN CITY SCHOOL DISTRICTS OF CITIES
HAVING POPULATIONS OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE AS OF THE
TWO THOUSAND TWENTY DECENNIAL CENSUS, THE PRODUCT OF ELIGIBLE PUPILS
MULTIPLIED BY EIGHT-TENTHS (0.8) AND FURTHER MULTIPLIED BY CHARTER
SCHOOL BASIC TUITION FOR THE BASE YEAR AS DEFINED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER. FOR PURPOSES OF THIS
PARAGRAPH, ELIGIBLE PUPILS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF
ANY, OF THE NUMBER OF RESIDENT PUPILS ENROLLED IN A CHARTER SCHOOL IN
THE BASE YEAR LESS THE PRODUCT OF TWO-TENTHS (0.2) MULTIPLIED BY TOTAL
RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR.
§ 10-e. Subparagraph 6 of paragraph d and paragraph d-1 of subdivision
14 of section 3602 of the education law, subparagraph 6 of paragraph d
as added by section 17-a of part B of chapter 57 of the laws of 2007 and
paragraph d-1 as amended by section 10-a of part A of chapter 56 of the
laws of 2024, are amended to read as follows:
(6) where such reorganization includes at least two school districts
employing eight or more teachers forming a central high school district
pursuant to section nineteen hundred thirteen of this chapter[,].
(7) such reorganized district shall be entitled to an apportionment
equal to an additional percent of the apportionment computed in accord-
ance with the provisions of paragraph d-1 of this subdivision; but in no
case shall the sum of such apportionment under this paragraph plus the
[selected operating aid per pupil] TOTAL OPERATING AID BASE AS DEFINED
IN THIS SUBDIVISION be more than a total of ninety-five per centum of
the year prior to the base year approved operating expense; for a period
of five years beginning with the first school year of operation as a
reorganized district such additional percent shall be forty percent; and
thereafter such additional forty percent apportionment to such district
shall be reduced by four percentage points each year, beginning with the
sixth school year of operation as a reorganized district, and continuing
until such additional forty percent apportionment is eliminated;
provided, however, that the total apportionment to such reorganized
district, beginning with the first school year of operation as a reor-
ganized district, and for a period of fifteen years thereafter, shall be
not less than the sum of all apportionments computed in accordance with
the provisions of this paragraph plus the apportionment computed in
accordance with the provisions of paragraph d-1 of this subdivision that
each component school district was entitled to receive and did receive
during the last school year preceding such first year of operation. In
the event a school district is eligible for incentive operating aid and
again reorganizes pursuant to a new plan or reorganization established
by the commissioner, and where such new reorganization is again eligible
for incentive operating aid, the newly created school district shall be
entitled to receive incentive operating aid pursuant to the provisions
of this paragraph, based on all school districts included in any such
reorganization, provided, however, that incentive operating aid payments
due because of any such former reorganization shall cease.
d-1. For purposes of paragraph d of this subdivision, ["selected oper-
ating aid per pupil"] "TOTAL OPERATING AID BASE" shall mean the appor-
tionment computed for the 2006-07 school year, based on data on file
with the commissioner as of the date upon which an electronic data file
was created for the purposes of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter on Febru-
ary fifteenth, provided further that for school districts which reorgan-
S. 3006--C 14 A. 3006--C
ize on or after July first, two thousand twenty-four, for purposes of
paragraph d of this subdivision, ["selected operating aid per pupil"]
"TOTAL OPERATING AID BASE" shall mean the total foundation aid base, as
defined pursuant to paragraph j of subdivision one of this section,
calculated as of the effective date of the reorganization.
§ 11. The education law is amended by adding a new section 319 to read
as follows:
§ 319. ESTABLISHMENT OF DUAL ENROLLMENT PROGRAM POLICY. 1. FOR
PURPOSES OF THIS SECTION:
(A) "DUAL ENROLLMENT PROGRAM" MEANS ANY PROGRAM THAT IS A PARTNERSHIP
BETWEEN AT LEAST ONE SCHOOL AND AT LEAST ONE INSTITUTION OF HIGHER
EDUCATION THAT PROVIDES HIGH SCHOOL STUDENTS WITH THE OPPORTUNITY TO
ENROLL IN COLLEGE COURSES AND EARN TRANSFERABLE COLLEGE CREDIT FROM THE
INSTITUTION OR INSTITUTIONS WHILE COMPLETING HIGH SCHOOL GRADUATION AND
DIPLOMA REQUIREMENTS.
(B) "SCHOOL" MEANS A CHARTER SCHOOL, A SCHOOL DISTRICT, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
2. THE COMMISSIONER SHALL ADOPT A STATEWIDE POLICY OUTLINING THE DEFI-
NITION OF DUAL ENROLLMENT PROGRAMS IN NEW YORK STATE AND GUIDELINES FOR
PARTICIPATION AND DATA REPORTING.
3. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT SCHOOLS AND HIGHER EDUCATION INSTITUTIONS ANNUALLY
SUBMIT TO THE DEPARTMENT DATA REGARDING PARTICIPATION IN AND OUTCOMES OF
DUAL ENROLLMENT PROGRAMS IN A FORM AND MANNER DETERMINED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. THE DEPARTMENT
SHALL ANNUALLY PUBLISH SUCH DATA ON ITS PUBLIC WEBSITE NO LATER THAN
JANUARY FIRST IN THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH THE
DATA IS APPLICABLE.
4. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT, BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, ALL
SCHOOLS PARTICIPATING IN A DUAL ENROLLMENT PROGRAM SHALL SUBMIT TO THE
DEPARTMENT A PARTNERSHIP AGREEMENT WITH THE INSTITUTION OR INSTITUTIONS
OF HIGHER EDUCATION WITH WHICH THEY ARE PARTNERED. SUCH PARTNERSHIP
AGREEMENTS SHALL ESTABLISH THE SCOPE AND TERMS OF THE DUAL ENROLLMENT
PROGRAM, AS WELL AS A PROTOCOL FOR COLLECTING, SHARING, AND REPORTING
ANY DATA REQUIRED BY THE COMMISSIONER PURSUANT TO THIS SECTION. PARTNER-
SHIP AGREEMENTS SHALL BE CONSISTENT WITH THE POLICY ADOPTED BY THE
COMMISSIONER PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND SHALL
CONTAIN SUCH OTHER PROVISIONS AS MAY BE REQUIRED BY THE COMMISSIONER.
THE PARTNERSHIP AGREEMENTS SHALL BE UPDATED AND RESUBMITTED NO LESS THAN
ONCE EVERY FIVE YEARS. THE COMMISSIONER SHALL DEVELOP AND MAKE PUBLICLY
AVAILABLE THE REQUIRED PARTNERSHIP AGREEMENT FORM FOR SCHOOLS AND HIGHER
EDUCATION INSTITUTIONS NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMIS-
SIONER, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCEL-
LOR OF THE CITY UNIVERSITY OF NEW YORK, AND THE GOVERNOR SHALL JOINTLY
ESTABLISH DATA POINTS TO BE SUBMITTED PURSUANT TO THIS SECTION.
§ 12. Subdivision 4 of section 3627 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2024, 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-
S. 3006--C 15 A. 3006--C
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 [and
thereafter] 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 THERE-
AFTER 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) TWO AND ONE-HALF MULTIPLIED BY (B)
THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX AS DEFINED IN PARA-
GRAPH 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 expendi-
tures incurred in the two thousand twelve--two thousand thirteen school
year for transportation that would have been eligible for aid pursuant
to this section had this section been in effect in such school year,
except that subdivision six of this section shall be deemed not to have
been in effect. And provided further that the school district shall
continue to annually expend for the transportation described in subdivi-
sion one of this section at least the expenditures used for the base
amount.
§ 12-a. Section 11 of chapter 378 of the laws of 2010 amending the
education law relating to paperwork reduction, as amended by section 1
of item FF of subpart B of part XXX of chapter 58 of the laws of 2020,
is amended to read as follows:
§ 11. This act shall take effect immediately; provided, however, that
the commissioner of education shall promulgate any rules or regulations
necessary to implement the provisions of this act on or before July 1,
2010; provided, further that if section ten of this act shall take
effect after July 1, 2010 it shall be deemed to have been in full force
and effect on and after July 1, 2010; and provided further that section
ten of this act shall expire and be deemed repealed [on] June 30, [2025]
2030.
§ 12-b. Subdivision 4 of section 3638 of the education law, as added
by section 1 of subpart A of part B of chapter 56 of the laws of 2022,
is amended to read as follows:
4. (A) A school district may apply to the commissioner, and the
department may grant a [one-time extension] MAXIMUM OF TWO EXTENSIONS of
S. 3006--C 16 A. 3006--C
up to twenty-four months EACH to comply with the requirements of subdi-
vision two of this section. The commissioner shall consider a school
district's effort to meet the requirements of subdivision two of this
section AND ANY OTHER FACTORS OUTSIDE OF THE CONTROL OF THE DISTRICT
when granting an extension, including but not limited to, procurement
efforts made by the school district, applications for state or federal
funds, changes needed to school district operations to meet the require-
ments of this section, employee training, [and] receipt of technical
assistance, [if any. Upon a school district receiving an extension, the
New York state energy research and development authority, in consulta-
tion with the department, shall provide any additional technical assist-
ance necessary to the district to meet the requirements of subdivision
two of this section] MARKET AVAILABILITY OF ZERO-EMISSION SCHOOL BUSES
OR SUPPORTING INFRASTRUCTURE, AND AVAILABILITY OF STATE OR FEDERAL
FUNDS. IN ORDER TO RECEIVE A SECOND EXTENSION PURSUANT TO THIS PARA-
GRAPH, A SCHOOL DISTRICT MUST HAVE AT LEAST ENGAGED WITH THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN THE INITIATION AND
DEVELOPMENT OF A FLEET ELECTRIFICATION PLAN.
THE COMMISSIONER SHALL PROVIDE WRITTEN NOTIFICATION TO A SCHOOL
DISTRICT WHERE SUCH SCHOOL DISTRICT IS GRANTED AN EXTENSION AND SHALL
DETAIL THE GROUNDS FOR GRANTING SUCH EXTENSION.
(B) THE COMMISSIONER SHALL NOTIFY THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY WHEN THE FIRST EXTENSION IS GRANTED TO A
SCHOOL DISTRICT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY OR ITS DESIGNEE
SHALL MEET WITH THE SCHOOL DISTRICT AT LEAST ANNUALLY DURING THE EXTEN-
SION PERIOD TO PROVIDE TECHNICAL ASSISTANCE TO ADDRESS THE GROUNDS
DETAILED IN THE EXTENSION.
(C) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
MAKE A RECOMMENDATION TO THE COMMISSIONER IF THEY DETERMINE A SCHOOL
DISTRICT HAS THE CAPACITY TO FULFILL THE REQUIREMENTS OF SUBDIVISION TWO
OF THIS SECTION BASED ON THE FLEET ELECTRIFICATION TECHNICAL ASSESSMENT
AND SHALL NOTIFY THE EDUCATION DEPARTMENT AND THE SCHOOL DISTRICT OF
SUCH RECOMMENDATION IN WRITING. NO SCHOOL DISTRICT MAY BE GRANTED AN
EXTENSION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY HAS NOTIFIED THE
COMMISSIONER OF THEIR RECOMMENDATION THAT SUCH SCHOOL DISTRICT HAS THE
CAPACITY TO FULFILL THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
(D) THE COMMISSIONER SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE NO
LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE THE APPLICA-
TION SCHOOL DISTRICTS MUST USE TO APPLY FOR EXTENSIONS PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION AND THE REQUIREMENTS SCHOOL DISTRICTS MUST
MEET TO QUALIFY FOR SUCH EXTENSIONS.
§ 12-c. The general business law is amended by adding a new article
11-C to read as follows:
ARTICLE 11-C
SALE OF ZERO-EMISSION SCHOOL BUSES
SECTION. 199-O. INDEPENDENT RANGE ESTIMATE REQUIRED.
199-P. PENALTIES.
§ 199-O. INDEPENDENT RANGE ESTIMATE REQUIRED. (A) ANY ENTITY THAT
SELLS A ZERO-EMISSION SCHOOL BUS TO A SCHOOL DISTRICT OR CONTRACTOR FOR
USE IN PROVIDING TRANSPORTATION SERVICES TO A SCHOOL DISTRICT LOCATED
WITHIN THE STATE OF NEW YORK SHALL BE REQUIRED TO PROVIDE AN INDEPENDENT
THIRD-PARTY RANGE ESTIMATE TO PROSPECTIVE PURCHASERS PRIOR TO SUCH A
SALE. SUCH RANGE ESTIMATE MUST, AT A MINIMUM, PROVIDE THE ESTIMATED
RANGE ON DIFFERENT TERRAIN AND DIFFERENT WEATHER CONDITIONS. THE RANGE
S. 3006--C 17 A. 3006--C
ESTIMATE SHALL ALSO INCLUDE THE AVERAGE LEVEL OF BATTERY DEGRADATION PER
TEN THOUSAND MILES TRAVELED. THE RANGE ESTIMATE SHALL ALSO CONSIDER
WHETHER THE BUS IS STORED OUTSIDE OR UTILIZES AN INDOOR GARAGE. FOR THE
PURPOSES OF THIS SECTION "ZERO-EMISSION SCHOOL BUS" SHALL HAVE THE SAME
MEANING AS IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT
OF THE EDUCATION LAW.
(B) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO IMPACT SALES
COMPLETED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-SIX, PROVIDED
HOWEVER THAT IF THE ENTITY SELLING SUCH ZERO-EMISSION SCHOOL BUSES LATER
RECEIVES A RANGE ESTIMATE FOR THE MODEL OR MODELS SOLD PRIOR TO JANUARY
FIRST, TWO THOUSAND TWENTY-SIX, THE SELLING ENTITY SHALL PROVIDE SUCH
RANGE ESTIMATE TO THE PURCHASING SCHOOL DISTRICT OR CONTRACTOR.
§ 199-P. PENALTIES. ANY PERSON, FIRM, CORPORATION, OR ASSOCIATION OR
AGENT OR EMPLOYEE THEREOF WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND
DOLLARS FOR EACH VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW YORK
AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL.
FOR THE PURPOSES OF THIS ARTICLE, THE NONCOMPLIANT SALE OF EACH ZERO-EM-
ISSION SCHOOL BUS SHALL CONSTITUTE A SINGLE VIOLATION.
§ 12-d. Subparagraph 2 of paragraph d of subdivision 3 of section
3623-a of the education law, as added by section 13 of part A of chapter
56 of the laws of 2024, is amended to read as follows:
(2) (I) In the case of allowable expenses for transportation capital,
debt service, or leases which are related to costs associated with the
purchase of or conversion to zero-emission school buses and supporting
infrastructure and which are supported in whole or in part by vouchers,
payments, or grants authorized under section 58-0701 of the environ-
mental conservation law, such allowable expenses at the time in which
the expense is claimed for aid shall [not exceed] BE REDUCED BY THE
QUOTIENT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE MAXIMUM STATE
SUPPORT LESS ALLOWABLE EXPENSES, DIVIDED BY (B) THE TRANSPORTATION AID
RATIO CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE, PROVIDED THAT ALLOWABLE EXPENSES AFTER SUCH
REDUCTION, IF ANY, SHALL BE GREATER THAN ZERO.
(II) FOR PURPOSES OF THIS SUBPARAGRAPH "MAXIMUM STATE SUPPORT" SHALL
BE EQUAL TO the sum of [(i)] (A) the product of the transportation aid
ratio calculated pursuant to subdivision seven of section thirty-six
hundred two of this article multiplied by allowable expenses, plus
[(ii)] (B) the final value of any such vouchers paid on behalf of a
school district, payments, and grants authorized under section 58-0701
of the environmental conservation law.
§ 13. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 14 of part A of chapter 56 of the laws of
2024, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX 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.
S. 3006--C 18 A. 3006--C
§ 14. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 15 of part A of chapter 56 of the
laws of 2024, 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-four] TWENTY-FIVE--two thousand [twenty-five] TWENTY-
SIX school year equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 15. Subdivision 16 of section 3602-ee of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-five] TWENTY-SIX; provided that the program shall continue and
remain in full effect.
§ 16. Intentionally omitted.
§ 17. The opening paragraph of section 3609-a of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX 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
S. 3006--C 19 A. 3006--C
this part or any deduction from apportionment payable pursuant to this
chapter for collection of a school district basic contribution as
defined in subdivision eight of section forty-four hundred one of this
chapter, less any grants provided pursuant to subparagraph two-a of
paragraph b of subdivision four of section ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision five of
section ninety-seven-nnnn of the state finance law, less any grants
provided pursuant to subdivision twelve of section thirty-six hundred
forty-one of this article, or (ii) the apportionment calculated by the
commissioner based on data on file at the time the payment is processed;
provided however, that for the purposes of any payments made pursuant to
this section prior to the first business day of June of the current
year, moneys apportioned shall not include any aids payable pursuant to
subdivisions six and fourteen, if applicable, of section thirty-six
hundred two of this part as current year aid for debt service on bond
anticipation notes and/or bonds first issued in the current year or any
aids payable for full-day kindergarten for the current year pursuant to
subdivision nine of section thirty-six hundred two of this part. The
definitions of "base year" and "current year" as set forth in subdivi-
sion one of section thirty-six hundred two of this part shall apply to
this section. For aid payable in the two thousand [twenty-four] TWENTY-
FIVE--two thousand [twenty-five] TWENTY-SIX school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled ["SA242-5"] "SA252-6".
§ 18. 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
27 of part A of chapter 56 of the laws of 2024, 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, [and] 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 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
NINETEEN DOLLARS AND FIFTY-FIVE CENTS PER CONTACT HOUR, and where a
contact hour represents sixty minutes of instruction services provided
to an eligible adult. Notwithstanding any other provision of law to the
contrary, for the 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
S. 3006--C 20 A. 3006--C
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 thou-
sand nine hundred seventy-five (1,342,975); [and] 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). Notwithstanding any other provision of law to the contra-
ry, 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.
§ 19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion dd to read as follows:
DD. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2025--2026 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).
§ 20. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2025] 2026.
§ 20-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 29-a of part A of chapter 56 of the laws
of 2024, 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-four] TWENTY-FIVE--two
thousand [twenty-five] TWENTY-SIX, the commissioner may set aside an
amount not to exceed two million five hundred thousand dollars from the
funds appropriated for purposes of this subdivision for the purpose of
serving persons twenty-one years of age or older who have not been
enrolled in any school for the preceding school year, including persons
who have received a high school diploma or high school equivalency
diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
S. 3006--C 21 A. 3006--C
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
§ 21. Subdivision 6 of section 4402 of the education law, as amended
by section 25 of part A of chapter 56 of the laws of 2024, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-five] TWENTY-SIX, 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.
§ 22. 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 26 of part A of chapter 56 of the laws
of 2024, 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,
[2025] 2026 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-
S. 3006--C 22 A. 3006--C
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2025] 2026;
§ 22-a. Section 12 of part C of chapter 56 of the laws of 2020 direct-
ing the commissioner of education to appoint a monitor for the Rochester
city school district, establishing the powers and duties of such monitor
and certain other officers and relating to the apportionment of aid to
such district, as amended by section 25 of part A of chapter 56 of the
laws of 2023, is amended to read as follows:
§ 12. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven, eight, nine and ten of this
act shall expire and be deemed repealed June 30, [2025] 2027; and
provided further, however that sections one and eleven of this act shall
expire and be deemed repealed June 30, 2049.
§ 22-b. Section 12 of chapter 19 of the laws of 2020 authorizing the
commissioner of education to appoint a monitor to oversee the Hempstead
union free school district and establishing the powers and duties of
such monitor, is amended to read as follows:
§ 12. This act shall take effect immediately; provided, however,
section one of this act shall take effect on the same date as a chapter
of the laws of 2019, authorizing the commissioner of education and the
chancellor of the board of regents, with the approval of the board of
regents, to appoint monitors to oversee the Hempstead union free school
district, as proposed in legislative bills numbers S.6559 and A.8403,
takes effect; and provided further, however sections two, three, four,
five, six, seven, eight, nine, ten and eleven of this act shall expire
and be deemed repealed June 30, [2025] 2027.
§ 22-c. Section 13 of chapter 18 of the laws of 2020 authorizing the
commissioner of education to appoint a monitor to oversee the Wyandanch
union free school district and establishing the powers and duties of the
monitor, is amended to read as follows:
§ 13. This act shall take effect immediately, provided however:
Section one of this act shall take effect on the same date as a chap-
ter of the laws of 2019, authorizing the commissioner of education, in
consultation with the comptroller to appoint a monitor to oversee the
Wyandanch union free school district and establishing the powers and
duties of the monitor, as proposed in legislative bills numbers S.6588-A
and A.8422-A, takes effect.
Sections three through ten of this act shall expire and be deemed
repealed June 30, [2025] 2027.
Section eleven shall expire and be deemed repealed June 30 of the last
fiscal year during which serial bonds or bonds issued to refund such
serial bonds that are outstanding pursuant to such section of this act,
provided that the superintendent of the Wyandanch union free school
district shall notify the legislative bill drafting commission upon such
occurrence in order that the commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.
Sections two and twelve of this act shall expire and be deemed
repealed June 30, 2049.
§ 22-d. Section 13 of chapter 89 of the laws of 2016 relating to
supplementary funding for dedicated programs for public school students
in the East Ramapo central school district, as amended by chapter 173 of
the laws of 2021, is amended to read as follows:
§ 13. This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, [2025] 2027.
S. 3006--C 23 A. 3006--C
§ 22-e. Section 3204 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY:
(A) INSTRUCTION AT A NONPUBLIC SCHOOL SATISFIES ALL THE REQUIREMENTS
OF THIS PART APPLICABLE TO INSTRUCTION, INCLUDING SUBDIVISION TWO OF
THIS SECTION, SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED TEN OF THIS
PART, AND ANY OTHER REQUIREMENTS IN THIS CHAPTER APPLICABLE TO INSTRUC-
TION, AND SHALL THEREBY QUALIFY AS AND BE FINALLY RECOGNIZED TO BE AT
LEAST SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION GIVEN TO MINORS OF
LIKE AGE AND ATTAINMENTS AT THE PUBLIC SCHOOLS OF THE CITY OR DISTRICT
WHERE THE MINOR RESIDES, IF SUCH NONPUBLIC SCHOOL IS:
(I) A REGISTERED HIGH SCHOOL OR NONPUBLIC SCHOOL SERVING GRADES ONE
THROUGH EIGHT THAT HAS A REGISTERED HIGH SCHOOL;
(II) A STATE-APPROVED PRIVATE SPECIAL EDUCATION SCHOOL OR STATE-OPER-
ATED OR STATE-SUPPORTED SCHOOL ESTABLISHED BY THE STATE LEGISLATURE
PURSUANT TO ARTICLE EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS
CHAPTER;
(III) A NONPUBLIC SCHOOL THAT IS ACCREDITED OR IS AWARDED PROVISIONAL
STATUS BY AN ACCREDITATION BODY APPROVED BY THE COMMISSIONER FOR
PURPOSES OF DEMONSTRATING COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION, EXCEPT THAT SUCH PROVISIONAL STATUS SHALL ONLY APPLY FOR THE
FIRST FIVE YEARS THAT SUCH NONPUBLIC SCHOOL HAS BEEN AWARDED PROVISIONAL
STATUS. AN ACCREDITATION BODY SHALL HAVE THE KNOWLEDGE AND EXPERTISE TO
PROPERLY EVALUATE THE ENTIRETY OF THE DAY'S CURRICULUM OF THOSE SCHOOLS
THAT IT ACCREDITS AND SHALL USE A PEER REVIEW PROCESS THAT INCLUDES
EVALUATION BY LEADERS OF SIMILAR NONPUBLIC SCHOOLS, APPROPRIATELY TRAIN
ALL STAFF AND PEER REVIEWERS WHO ARE INVOLVED IN THE ACCREDITATION PROC-
ESS, ACCREDIT BASED ON PUBLICLY ACCESSIBLE DOCUMENTED STANDARDS, PERFORM
A COMPREHENSIVE ONSITE VISIT OF ANY SCHOOL SEEKING ACCREDITATION WHILE
SUCH SCHOOL IS IN SESSION, AND PERIODICALLY CONDUCT A COMBINATION OF
INTERIM AND FULL ACCREDITATION REVIEWS OF THE NONPUBLIC SCHOOLS WHICH IT
ACCREDITS DURING AT LEAST A TEN-YEAR PERIOD. ADDITIONALLY, SUCH ACCRED-
ITATION BODY SHALL REQUIRE NONPUBLIC SCHOOLS SEEKING ACCREDITATION TO
HAVE CURRICULUM THAT IS INFORMED BY RESEARCH, DOCUMENT INDIVIDUAL
STUDENT PROGRESS, AND HAVE MECHANISMS FOR MONITORING, ASSESSING, AND
PROVIDING FEEDBACK ON STUDENT PROGRESS. THE COMMISSIONER MAY, AT ANY
TIME, REVOKE SUCH COMMISSIONER'S APPROVAL OF AN ACCREDITATION BODY FOR
CAUSE, UPON NOTICE AND HEARING;
(IV) A NONPUBLIC SCHOOL THAT PARTICIPATES IN THE INTERNATIONAL BACCA-
LAUREATE PROGRAM;
(V) A NONPUBLIC SCHOOL WHOSE INSTRUCTION IS APPROVED BY THE UNITED
STATES GOVERNMENT FOR INSTRUCTION ON A MILITARY BASE OR SERVICE ACADEMY;
(VI) A NONPUBLIC SCHOOL IN WHICH THE PERCENTAGE OF STUDENTS WHO SCORE
"PROFICIENT" ON A YEAR-END SUMMATIVE OR CUMULATIVE ASSESSMENT AND TAKEN
IN THE SAME SUBJECT AREAS AND FOR THE SAME GRADE LEVELS AS THE ANNUAL
NEW YORK STATE TESTING PROGRAM TO COMPLY WITH THE FEDERAL EVERY STUDENT
SUCCEEDS ACT IS EQUAL TO OR GREATER THAN ONE OF THE FOLLOWING METRICS,
AND SUCH SCHOOL HAS DECLARED THE INTENDED USE OF SUCH METRIC AT THE
BEGINNING OF THE SCHOOL YEAR:
(1) THE PERCENTAGE OF SIMILARLY SITUATED PUBLIC SCHOOL STUDENTS SCOR-
ING AT THE "PROFICIENT" LEVEL ON NEW YORK STATE TESTING PROGRAM TESTS
TAKEN IN THE SAME SUBJECT AREAS AND GRADE LEVELS IN THE SCHOOL DISTRICT
THAT SERVES THE SAME GEOGRAPHIC AREA AS THE NONPUBLIC SCHOOL IS LOCATED;
OR
S. 3006--C 24 A. 3006--C
(2) THE PERCENTAGE OF SIMILARLY SITUATED PUBLIC SCHOOL STUDENTS STATE-
WIDE SCORING AT THE "PROFICIENT" LEVEL ON NEW YORK STATE TESTING PROGRAM
TESTS TAKEN IN THE SAME SUBJECT AREAS AND GRADE LEVELS; OR
(VII) A NONPUBLIC SCHOOL THAT ADMINISTERS A YEAR-END SUMMATIVE OR
CUMULATIVE ASSESSMENT TAKEN IN SUBSTANTIALLY THE SAME SUBJECT AREAS AND
SAME GRADE LEVELS AS THE ANNUAL NEW YORK STATE TESTING PROGRAM TO COMPLY
WITH THE FEDERAL EVERY STUDENT SUCCEEDS ACT, HAS A THREE-YEAR AVERAGE
PARTICIPATION RATE THAT IS EQUAL TO OR GREATER THAN THE THREE-YEAR
STATEWIDE AVERAGE PARTICIPATION RATE, AND USES THE RESULTS TO ASSESS THE
SCHOOL'S EDUCATIONAL PROGRAM AND TO SEEK TO IMPROVE INSTRUCTION AND ITS
STUDENTS' PERFORMANCE ON SUCH TESTS.
(A-1) A NONPUBLIC SCHOOL'S SATISFACTION OF ONE OR MORE CRITERIA LISTED
IN PARAGRAPH (A) OF THIS SUBDIVISION IN ONE SCHOOL YEAR SHALL NOT AUTO-
MATICALLY BE DEEMED SATISFACTION OF SUCH CRITERIA IN LATER SCHOOL YEARS
IF SUCH SCHOOL CEASES TO SATISFY SUCH CRITERIA IN SUCH LATER YEARS.
(B) (I) FOR PURPOSES OF SUBPARAGRAPHS (VI) AND (VII) OF PARAGRAPH (A)
OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(1) "YEAR-END SUMMATIVE OR CUMULATIVE ASSESSMENT" SHALL MEAN ONE OR
MORE ASSESSMENTS SELECTED BY THE NONPUBLIC SCHOOL THAT QUALIFIES AS (A)
A NEW YORK STATE TESTING PROGRAM TEST; (B) AN ASSESSMENT APPROVED BY THE
COMMISSIONER; OR (C) A NATIONALLY-RECOGNIZED, COMMERCIALLY PUBLISHED
NORM-REFERENCED ACHIEVEMENT TEST THAT IS: (I) RECOGNIZED AND USED IN AT
LEAST THREE OTHER STATES; (II) SELECTED BY THE NONPUBLIC SCHOOL FROM ONE
OF THE FOLLOWING: THE IOWA TEST OF BASIC SKILLS, THE CALIFORNIA ACHIEVE-
MENT TEST, THE STANFORD ACHIEVEMENT TEST, THE COMPREHENSIVE TEST OF
BASIC SKILLS, THE METROPOLITAN ACHIEVEMENT TEST, I-READY, A STATE EDUCA-
TION DEPARTMENT TEST, OR; (III) ANOTHER TEST APPROVED BY THE STATE
EDUCATION DEPARTMENT. ALL ASSESSMENTS AND MATERIALS USED IN CONNECTION
WITH SUCH ASSESSMENTS SHALL BE CULTURALLY COMPETENT AND RESPECTFUL OF
CULTURAL CURRICULA AND PEDAGOGY. A NONPUBLIC SCHOOL SHALL NOT NEED TO
USE THE SAME YEAR-END SUMMATIVE OR CUMULATIVE ASSESSMENT ACROSS ALL
GRADES OR YEARS AND MAY CHANGE ASSESSMENTS USED AT ANY TIME.
(2) "PROFICIENT" SHALL MEAN, AS APPLICABLE, (A) A SCORE OF "PROFI-
CIENT" ON A NEW YORK STATE TESTING PROGRAM TEST; (B) A SCORE DETERMINED
BY THE COMMISSIONER FOR AN ASSESSMENT APPROVED BY THE COMMISSIONER; OR
(C) A SCORE OF AT LEAST THE THIRTY-THIRD PERCENTILE ON A NATIONALLY-RE-
COGNIZED, COMMERCIALLY PUBLISHED NORM-REFERENCED ACHIEVEMENT TEST,
UNLESS THE COMMISSIONER APPROVES A LOWER PERCENTAGE FOR SUCH TESTS.
(II) TO RELY ON SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A NONPUBLIC SCHOOL SHALL DEMONSTRATE A STUDENT PARTICIPATION RATE
ON ITS YEAR-END SUMMATIVE OR CUMULATIVE ASSESSMENT OR ASSESSMENTS EQUAL
TO OR GREATER THAN THE THREE-YEAR AVERAGE STATEWIDE PARTICIPATION RATE.
(III) TO ALLOW FOR ADEQUATE PREPARATION OF STUDENTS IN CONNECTION WITH
SUBPARAGRAPHS (VI) AND (VII) OF PARAGRAPH (A) OF THIS SUBDIVISION, A
PHASE-IN PERIOD SHALL BE ESTABLISHED. DURING SUCH PHASE-IN PERIOD, A
NONPUBLIC SCHOOL AND ITS AFFILIATED SCHOOLS SHALL BE DEEMED TO HAVE MET
THE CRITERIA IN SUBPARAGRAPHS (VI) AND (VII) OF PARAGRAPH (A) OF THIS
SUBDIVISION, FOR PURPOSES OF ALL COMPONENTS OF THIS SUBDIVISION. SUCH
PHASE-IN STATUS SHALL COMMENCE UPON THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, INCLUDING PRIOR TO THE ADMINISTRATION OF ANY YEAR-END SUMMATIVE OR
CUMULATIVE ASSESSMENT, AND SHALL CONTINUE UNTIL THE FIRST COHORT ENTER-
ING SECOND GRADE AT SUCH NONPUBLIC SCHOOL AFTER SUCH EFFECTIVE DATE
COMPLETES THE YEAR-END SUMMATIVE OR CUMULATIVE ASSESSMENT FOR THE THIRD
GRADE AND SHALL FURTHER CONTINUE IN THE SUBSEQUENT YEARS, AS LONG AS
SUCH NONPUBLIC SCHOOL CONTINUES ADMINISTERING A YEAR-END SUMMATIVE OR
S. 3006--C 25 A. 3006--C
CUMULATIVE ASSESSMENT FOR THE THIRD GRADE AND ADDS ONE ADDITIONAL, HIGH-
ER GRADE EACH YEAR UNTIL SUCH NONPUBLIC SCHOOL IS ADMINISTERING A YEAR-
END SUMMATIVE OR CUMULATIVE ASSESSMENT FOR GRADES THREE THROUGH TEN. THE
PHASE-IN PERIOD SHALL END AFTER THE TWO THOUSAND THIRTY-TWO--TWO THOU-
SAND THIRTY-THREE SCHOOL YEAR. PRIOR TO SUCH COHORTS TESTED USING YEAR-
END SUMMATIVE OR CUMULATIVE ASSESSMENTS UNDER SUBPARAGRAPHS (VI) AND
(VII) OF PARAGRAPH (A) OF THIS SUBDIVISION, SUCH COHORTS MAY BE PROVIDED
WITH PRACTICE AND/OR SAMPLE TESTING QUESTIONS TO BEGIN FAMILIARIZING
THEMSELVES WITH STANDARDIZED TESTING METHODOLOGY. THE PHASE-IN PERIOD
SHALL BE APPLICABLE TO ALL NONPUBLIC SCHOOLS, AND IT SHALL ONLY BE
NECESSARY FOR A NONPUBLIC SCHOOL TO ADMINISTER YEAR-END SUMMATIVE OR
CUMULATIVE ASSESSMENTS FOR THE PHASED-IN GRADES, NOTWITHSTANDING THE
NONPUBLIC SCHOOL'S PAST OR CURRENT ADMINISTRATION OF SUCH ASSESSMENTS
FOR OTHER GRADES.
(IV) IF A NONPUBLIC SCHOOL MEETS, OR HAS BEEN DEEMED PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH TO HAVE MET, THE CRITERIA IN
SUBPARAGRAPH (VI) OR (VII) OF PARAGRAPH (A) OF THIS SUBDIVISION, THEN
DURING THE PHASE-IN PERIOD OF SUBPARAGRAPH (III) OF THIS PARAGRAPH, ALL
AFFILIATED SCHOOLS SHALL BE DEEMED TO HAVE MET SUCH CRITERIA. AFFIL-
IATED SCHOOLS ARE THOSE WITH ONE OF THE FOLLOWING: THE SAME OFFICE OF
RELIGIOUS AND INDEPENDENT SCHOOL SUPPORT (ORISS) CODE UNDER A SINGLE
BASIC EDUCATIONAL DATA SYSTEM (BEDS) CODE; OR THE SAME ORGANIZATION WITH
A DIFFERENT BEDS CODE IN THE SAME LOCATION; OR THE SAME ORISS CODE AND
LEADERSHIP BUT MAY HAVE PHYSICAL BUILDINGS IN DIFFERENT LOCATIONS.
DURING THE PHASE-IN PERIOD OF SUBPARAGRAPH (III) OF THIS PARAGRAPH, A
NONPUBLIC SCHOOL WHICH MEETS THE CRITERIA OF SUBPARAGRAPH (VII) OF
PARAGRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE ITS AFFILIATED SCHOOLS
WHEN USING THE RESULTS OF THE YEAR-END SUMMATIVE OR CUMULATIVE ASSESS-
MENT TO ASSESS EDUCATIONAL PROGRAMMING AND IMPROVE INSTRUCTION AND
STUDENTS' PERFORMANCE ON SUCH TESTS. DURING THE PHASE-IN PERIOD OF
SUBPARAGRAPH (III) OF THIS PARAGRAPH, IF A NONPUBLIC SCHOOL MEETS THE
CRITERIA IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF THIS SUBDIVISION WITH
RESPECT TO PROVISIONAL STATUS THEN ALL AFFILIATED SCHOOLS SHALL BE
DEEMED TO HAVE MET SUCH CRITERIA. IF A NONPUBLIC HIGH SCHOOL MEETS THE
CRITERIA IN SUBPARAGRAPH (I) OR (VI) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THEN ALL AFFILIATED MIDDLE OR ELEMENTARY SCHOOLS SHALL BE DEEMED
TO HAVE MET SUCH CRITERIA.
(C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE COMMISSIONER FROM
DEFINING BY RULE OR REGULATION ALTERNATIVE CRITERIA WHICH MAY ALSO BE
USED TO DEMONSTRATE THAT INSTRUCTION AT A NONPUBLIC SCHOOL IS IN COMPLI-
ANCE WITH THIS SECTION. COMPLIANCE WITH THIS SECTION MAY BE DEMONSTRATED
THROUGH ANY ONE OR MORE OF THE CRITERIA ESTABLISHED IN THIS SUBDIVISION
AND SHALL THEREBY QUALIFY AS AND BE FINALLY RECOGNIZED TO BE SUBSTAN-
TIALLY EQUIVALENT WITHOUT ANY FURTHER REQUIREMENTS. A NONPUBLIC
SCHOOL'S SATISFACTION OF ONE OR MORE CRITERIA IN ONE SCHOOL YEAR SHALL
NOT AUTOMATICALLY BE DEEMED SATISFACTION OF SUCH CRITERIA IN LATER
SCHOOL YEARS IF SUCH SCHOOL CEASES TO SATISFY SUCH CRITERIA IN SUCH
LATER YEARS. A NONPUBLIC SCHOOL MAY ELECT AT ANY TIME TO SELECT DIFFER-
ENT CRITERIA. A NONPUBLIC SCHOOL'S OMISSION TO SATISFY ONE OR MORE
CRITERIA SHALL NOT AFFECT A NONPUBLIC SCHOOL'S ABILITY TO SATISFY ANOTH-
ER CRITERIA, OR SUCH CRITERIA AT A LATER DATE.
§ 23. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2026 and not later than the last day of the third full
business week of June 2026, a school district eligible for an apportion-
S. 3006--C 26 A. 3006--C
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, 2026, for salary expenses incurred between April 1 and
June 30, 2025 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.
§ 24. 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, 2026, a school district eligi-
S. 3006--C 27 A. 3006--C
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, 2026 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-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 36-a of part A of
chapter 56 of the laws of 2024, 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
S. 3006--C 28 A. 3006--C
through the [2024-25] 2025-26 school year, four million dollars
($4,000,000); for the [2025-26] 2026-27 school year, three million
dollars ($3,000,000); for the [2026-27] 2027-28 school year, two million
dollars ($2,000,000); for the [2027-28] 2028-29 school year, one million
dollars ($1,000,000); and for the [2028-29] 2029-30 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
§ 25. 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 2025--2026 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
S. 3006--C 29 A. 3006--C
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2025--2026 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
2025--2026 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 2025--2026 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 26. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2025 enacting
the aid to localities budget shall be apportioned for the 2025--2026
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 2025--2026
by a chapter of the laws of 2025 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
S. 3006--C 30 A. 3006--C
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 27. 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.
§ 28. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025, provided,
however, that:
1. Sections one, two, three, four, four-a, five, six, seven, eight,
nine, ten, ten-a, ten-b, ten-c, ten-d, ten-e, twelve, thirteen, four-
teen, fifteen, seventeen, twenty-one and twenty-five of this act shall
take effect July 1, 2025; and
2. The amendments to chapter 756 of the laws of 1992 made by sections
eighteen and nineteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 915-a
to read as follows:
§ 915-A. UNIVERSAL FREE SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE
ALL SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE
STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
AND LUNCH AT NO COST TO THE STUDENT. SCHOOL DISTRICTS, CHARTER SCHOOLS
AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL
BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL COMMU-
NITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE
NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT THAT, IN
THE OPINION OF THE DEPARTMENT, MAXIMIZES FEDERAL FUNDING FOR MEALS
SERVED IN SUCH PROGRAMS. PROVIDED THAT SCHOOL FOOD AUTHORITIES THAT DO
NOT QUALIFY AS A SINGLE ENTITY TO PARTICIPATE IN THE COMMUNITY ELIGIBIL-
ITY PROVISION SHALL BE REQUIRED TO GROUP SCHOOLS WITHIN THE SCHOOL FOOD
AUTHORITY, TO THE EXTENT POSSIBLE, FOR PURPOSES OF MAXIMIZING PARTIC-
IPATION IN THE COMMUNITY ELIGIBILITY PROVISION, AND PROVIDED FURTHER
THAT SCHOOL FOOD AUTHORITIES SHALL REAPPLY ANNUALLY FOR THE COMMUNITY
ELIGIBILITY PROVISION PROGRAM IN THE EVENT THAT DOING SO WOULD RESULT IN
A HIGHER PERCENTAGE OF MEALS BEING REIMBURSED AT THE FEDERAL REIMBURSE-
MENT RATE FOR A FREE MEAL.
2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, FOR EACH BREAKFAST AND
LUNCH MEAL SERVED, THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD
AUTHORITY THE DIFFERENCE BETWEEN (A) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A REDUCED-PRICE OR PAID MEAL, RESPECTIVELY, FOR
THE CURRENT SCHOOL YEAR AND (B) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED
S. 3006--C 31 A. 3006--C
THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL EQUAL THE
COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE
CURRENT SCHOOL YEAR.
3. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, SHALL PROMULGATE ANY RULE OR REGULATION NEEDED
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN
PARENTAL RELATION TO A STUDENT BY PROVIDING EITHER APPLICATION ASSIST-
ANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED TO THE
DEPARTMENT BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO MAXI-
MIZE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE SCHOOL MEALS.
4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
ASSIST SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE
TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPER-
ATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:
(A) ASSISTING SCHOOL FOOD AUTHORITIES WITH ONE OR MORE SCHOOLS QUALI-
FYING FOR THE COMMUNITY ELIGIBILITY PROVISION IN MEETING ANY STATE AND
FEDERAL REQUIREMENTS NECESSARY IN ORDER TO MAXIMIZE REIMBURSEMENT
THROUGH THE COMMUNITY ELIGIBILITY PROVISION, INCLUDING ASSISTING SUCH
SCHOOL FOOD AUTHORITIES IN MAXIMIZING PARTICIPATION IN THE COMMUNITY
ELIGIBILITY PROVISION.
(B) IF A SCHOOL FOOD AUTHORITY IS INELIGIBLE TO PARTICIPATE IN AND
RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION,
ASSISTING THE SCHOOL FOOD AUTHORITY IN ACHIEVING AND MAXIMIZING ELIGI-
BILITY AND, IF THAT IS NOT FEASIBLE, ASSISTING THE SCHOOL FOOD AUTHORITY
IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL
FEDERAL PROVISIONS AVAILABLE TO SCHOOLS TO MAXIMIZE FEDERAL REIMBURSE-
MENT.
5. SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS SHALL
MAXIMIZE THE NUMBER OF STUDENTS ELIGIBLE FOR FREE MEALS BY CONDUCTING
THE DIRECT CERTIFICATION MATCHING PROCESS AT A MINIMUM OF THREE TIMES
PER YEAR, DESIGNATING CHILDREN AS "OTHER SOURCE CATEGORICALLY ELIGIBLE",
AS DEFINED BY FEDERAL REGULATIONS, OR, FOR SCHOOLS NOT PARTICIPATING IN
THE COMMUNITY ELIGIBILITY PROVISION OR PROVISION 2, BY ANNUALLY COLLECT-
ING THE FREE AND REDUCED-PRICE MEAL APPLICATION.
§ 2. Section 925 of the education law is REPEALED.
§ 3. This act shall take effect July 1, 2025.
PART C
Section 1. The education law is amended by adding a new section 2803
to read as follows:
§ 2803. USE OF INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY. 1. FOR
PURPOSES OF THIS SECTION:
(A) "INTERNET-ENABLED DEVICES" SHALL MEAN AND INCLUDE ANY SMARTPHONE,
TABLET, SMARTWATCH, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE INTER-
NET AND ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET, INCLUDING
SOCIAL MEDIA APPLICATIONS; PROVIDED, HOWEVER, THAT "INTERNET-ENABLED
DEVICES" SHALL NOT INCLUDE:
(I) NON-INTERNET-ENABLED DEVICES SUCH AS CELLULAR PHONES OR OTHER
COMMUNICATION DEVICES NOT CAPABLE OF CONNECTING TO THE INTERNET OR
ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET; OR
S. 3006--C 32 A. 3006--C
(II) INTERNET-ENABLED DEVICES SUPPLIED BY THE SCHOOL DISTRICT, CHARTER
SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES THAT ARE USED FOR
AN EDUCATIONAL PURPOSE.
(B) "SCHOOL DAY" SHALL MEAN THE ENTIRETY OF EVERY INSTRUCTIONAL DAY AS
REQUIRED BY SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
CHAPTER DURING ALL INSTRUCTIONAL TIME AND NON-INSTRUCTIONAL TIME,
INCLUDING BUT NOT LIMITED TO HOMEROOM PERIODS, LUNCH, RECESS, STUDY
HALLS, AND PASSING TIME.
(C) "SCHOOL GROUNDS" SHALL MEAN IN OR ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF A DISTRICT ELEMENTARY, INTERMEDIATE,
JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, A CHARTER SCHOOL, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FACILITY.
2. NOTWITHSTANDING PARAGRAPH B OF SUBDIVISION ONE OF SECTION TWENTY-
EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER, EACH SCHOOL DISTRICT, CHARTER
SCHOOL, AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ADOPT A
WRITTEN POLICY PROHIBITING THE USE OF INTERNET-ENABLED DEVICES BY
STUDENTS DURING THE SCHOOL DAY ANYWHERE ON SCHOOL GROUNDS. EACH SCHOOL
DISTRICT, CHARTER SCHOOL, AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL CONSULT LOCAL STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO THE
EMPLOYEE ORGANIZATION REPRESENTING EACH BARGAINING UNIT WITHIN THE
SCHOOL BUILDING, PARENTS, AND STUDENTS, IN THE DEVELOPMENT OF SUCH POLI-
CY PRIOR TO ITS ADOPTION.
3. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR PERSONS IN PARENTAL
RELATION TO A STUDENT TO CONTACT THE STUDENT DURING THE SCHOOL DAY AND
PROVIDE FOR WRITTEN NOTIFICATION TO SUCH PERSONS IN PARENTAL RELATION TO
A STUDENT OF THESE METHODS AT THE BEGINNING OF EACH SCHOOL YEAR AND UPON
ENROLLMENT.
4. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR ON-SITE STORAGE WHERE
STUDENTS MAY STORE THEIR INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY,
WHICH MAY INCLUDE STUDENT LOCKERS.
5. (A) THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION MAY AUTHORIZE STUDENT USE OF AN INTERNET-ENABLED DEVICE
DURING THE SCHOOL DAY ON SCHOOL GROUNDS:
(I) IF AUTHORIZED BY A TEACHER, PRINCIPAL, OR THE SCHOOL DISTRICT,
CHARTER SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR A
SPECIFIC EDUCATIONAL PURPOSE;
(II) WHERE NECESSARY FOR THE MANAGEMENT OF A STUDENT'S HEALTHCARE;
(III) IN THE EVENT OF AN EMERGENCY;
(IV) FOR TRANSLATION SERVICES;
(V) ON A CASE-BY-CASE BASIS, UPON REVIEW AND DETERMINATION BY A SCHOOL
PSYCHOLOGIST, SCHOOL SOCIAL WORKER, OR SCHOOL COUNSELOR, FOR A STUDENT
CAREGIVER WHO IS ROUTINELY RESPONSIBLE FOR THE CARE AND WELLBEING OF A
FAMILY MEMBER; OR
(VI) WHERE REQUIRED BY LAW.
(B) THE POLICY MAY NOT PROHIBIT A STUDENT'S USE OF AN INTERNET-ENABLED
DEVICE WHERE SUCH USE IS INCLUDED IN THE STUDENT'S:
(I) INDIVIDUALIZED EDUCATION PROGRAM; OR
(II) PLAN DEVELOPED PURSUANT TO SECTION FIVE HUNDRED FOUR OF THE
FEDERAL REHABILITATION ACT OF 1973, 29 U.S.C. 794.
6. NO LATER THAN AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
DISTRICT, CHARTER SCHOOL, AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL ADOPT AND PUBLISH IN A CLEARLY VISIBLE AND ACCESSIBLE LOCATION ON
ITS WEBSITE THE INTERNET-ENABLED DEVICE POLICY ESTABLISHED PURSUANT TO
S. 3006--C 33 A. 3006--C
SUBDIVISION TWO OF THIS SECTION. TRANSLATION OF SUCH POLICY INTO ANY OF
THE TWELVE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH
PROFICIENT INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST
RECENT AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS
BUREAU, SHALL BE PROVIDED UPON REQUEST BY A STUDENT OR PERSONS IN
PARENTAL RELATION TO A STUDENT.
7. (A) NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND
EACH SEPTEMBER FIRST THEREAFTER, EACH SCHOOL DISTRICT, CHARTER SCHOOL,
AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PUBLISH AN ANNUAL
REPORT ON ITS WEBSITE DETAILING ENFORCEMENT OF THE POLICY WITHIN THE
DISTRICT, CHARTER SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
IN THE PRIOR SCHOOL YEAR, INCLUDING NON-IDENTIFIABLE DEMOGRAPHIC DATA OF
STUDENTS WHO HAVE FACED DISCIPLINARY ACTION FOR NON-COMPLIANCE AND ANAL-
YSIS OF ANY DEMOGRAPHIC DISPARITIES IN ENFORCEMENT OF THE POLICY. IF A
STATISTICALLY SIGNIFICANT DISPARATE ENFORCEMENT IMPACT IS IDENTIFIED,
SUCH REPORT SHALL INCLUDE A MITIGATION ACTION PLAN.
(B) EACH SCHOOL DISTRICT, CHARTER SCHOOL, AND BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL NOT PERMIT THE SUSPENSION OF A STUDENT IF THE
SOLE GROUNDS FOR THE SUSPENSION IS THAT THE STUDENT ACCESSED AN INTER-
NET-ENABLED DEVICE IN VIOLATION OF THE POLICY ADOPTED AND IMPLEMENTED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART D
Section 1. Section 666 of the education law is REPEALED.
§ 2. Paragraph a of subdivision 2 of section 667-c of the education
law, as amended by section 1 of part E of chapter 56 of the laws of
2022, is amended to read as follows:
a. for students defined in paragraph a of subdivision one of this
section, a part-time student is one who: (i) IS enrolled [as a first-
time freshman during the two thousand six--two thousand seven academic
year or thereafter] at a college or university within the state univer-
sity, including a statutory or contract college, a community college
established pursuant to article one hundred twenty-six of this chapter,
the city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
(ii) is enrolled for at least [six] THREE but less than twelve semes-
ter hours, or the equivalent, per semester in an approved undergraduate
degree program; and
(iii) has a cumulative grade-point average of at least 2.00.
§ 3. Section 667-c-1 of the education law is REPEALED.
§ 4. Paragraph c of subdivision 5 of section 610 of the education law,
as added by chapter 425 of the laws of 1988, is amended to read as
follows:
c. Any semester, quarter or term of attendance during which a student
receives an award for part-time study pursuant to this section shall be
counted as one-half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility for tuition assistance awards
pursuant to [sections six hundred sixty-six and] SECTION six hundred
sixty-seven of this chapter.
§ 5. Subdivision 2 of section 667 of the education law, as amended by
chapter 376 of the laws of 2019, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
S. 3006--C 34 A. 3006--C
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. An
undergraduate 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 [his or her] THE 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. Any semester, quarter, or term of attendance during which
a student receives any award under this article, after the effective
date of the former scholar incentive program and prior to academic year
nineteen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this subpart shall be counted as one-half of a semester,
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
sixty-seven-a of this subpart shall not be counted toward the maximum
term of eligibility under this section.
§ 6. This act shall take effect immediately and shall apply to academ-
ic years 2025-2026 and thereafter.
PART E
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted [beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter] to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
[five thousand five hundred dollars or] actual tuition[, whichever is
less]; provided, however, (a) a student who receives educational grants
and/or scholarships that cover the student's full cost of attendance
shall not be eligible for an award under this program; and (b) an award
under this program shall be applied to tuition after the application of
payments received under the tuition assistance program pursuant to
section six hundred sixty-seven of this subpart, tuition credits pursu-
ant to section six hundred eighty-nine-a of this article, federal Pell
grant pursuant to section one thousand seventy of title twenty of the
United States code, et seq., and any other program that covers the cost
of attendance unless exclusively for non-tuition expenses, and the award
under this program shall be reduced in the amount equal to such
payments, provided that the combined benefits do not exceed [five thou-
sand five hundred dollars. Upon notification of an award under this
program, the institution shall defer the amount of tuition. Notwith-
standing paragraph h of subdivision two of section three hundred fifty-
five and paragraph (a) of subdivision seven of section six thousand two
S. 3006--C 35 A. 3006--C
hundred six of this chapter, and any other law, rule or regulation to
the contrary,] the RESIDENT undergraduate tuition charged by [the insti-
tution to recipients of an award shall not exceed the tuition rate
established by the institution for the two thousand sixteen--two thou-
sand seventeen academic year provided, however, that in the two thousand
twenty-two--two thousand twenty-three academic year and every year ther-
eafter, the undergraduate tuition charged by the institution to recipi-
ents of an award shall be reset to equal the tuition rate established by
the institution for the forthcoming academic year, provided further that
the tuition credit calculated pursuant to section six hundred eighty-
nine-a of this article shall be applied toward the tuition rate charged
for recipients of an award under this program. Provided further that]
the state university of New York [and the city university of New York
shall provide an additional tuition credit to students receiving an
award to cover the remaining cost of tuition].
§ 2. This act shall take effect immediately and shall be applicable to
academic years 2025-2026 and thereafter.
PART F
Section 1. The education law is amended by adding a new section 6311
to read as follows:
§ 6311. NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP. 1. ELIGIBILITY. A
NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP SHALL BE AWARDED TO AN APPLI-
CANT WHO MEETS ALL OF THE FOLLOWING CONDITIONS:
(A) IS AT LEAST TWENTY-FIVE YEARS OF AGE OR OLDER, BUT IN NO CASE MORE
THAN FIFTY-FIVE YEARS OF AGE, AS OF JANUARY FIRST OF THE CALENDAR YEAR
FOR THE SEMESTER FOR WHICH THE APPLICANT MAKES INITIAL APPLICATION;
(B) HAS APPLIED FOR A NEW YORK STATE TUITION ASSISTANCE PROGRAM AWARD
PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER, A FEDERAL
PELL GRANT PURSUANT TO SECTION 1070 OF TITLE 20 OF THE UNITED STATES
CODE, ET. SEQ., AND ANY OTHER APPLICABLE FINANCIAL AID;
(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, IN AN
APPROVED PROGRAM DIRECTLY LEADING TO AN ASSOCIATE'S DEGREE IN A HIGH-DE-
MAND FIELD; PROVIDED THAT FOR THE TWO THOUSAND TWENTY-FIVE -- TWO THOU-
SAND TWENTY-SIX ACADEMIC YEAR, SUCH FIELDS SHALL INCLUDE BUT NOT BE
LIMITED TO ADVANCED MANUFACTURING, TECHNOLOGY, CYBERSECURITY, ENGINEER-
ING, ARTIFICIAL 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, AND
PROVIDED FURTHER THAT THE ELIGIBILITY OF SUCH APPROVED PROGRAM ESTAB-
LISHED 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;
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.
S. 3006--C 36 A. 3006--C
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, 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.
3. ADDITIONAL PROVISIONS. AN ELIGIBLE RECIPIENT SHALL COMPLETE AT
LEAST SIX CREDITS PER SEMESTER, FOR A TOTAL OF AT LEAST TWELVE CREDITS
PER ACADEMIC YEAR, IN AN APPROVED PROGRAM OF STUDY. AN ELIGIBLE RECIPI-
ENT SHALL BE CONTINUOUSLY ENROLLED WITHOUT A GAP OF MORE THAN ONE
ACADEMIC YEAR, PROVIDED THAT SUCH DURATION MAY BE EXTENDED FOR AN ALLOW-
ABLE INTERRUPTION OF STUDY INCLUDING, BUT NOT LIMITED TO, DEATH OF A
FAMILY MEMBER, MEDICAL LEAVE, MILITARY SERVICE, AND PARENTAL LEAVE.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, IF AN APPLI-
CANT FAILS TO MEET THE ELIGIBILITY CRITERIA OF THIS SECTION AT ANY
POINT, NO FURTHER AWARDS SHALL BE MADE TO THE APPLICANT.
4. CONDITIONS. (A) AN ELIGIBLE RECIPIENT SHALL CONTINUE TO MAKE SATIS-
FACTORY ACADEMIC PROGRESS IN ORDER TO MAINTAIN CONTINUED ELIGIBILITY FOR
AN AWARD PURSUANT TO THIS SECTION.
(B) EACH CAMPUS THAT ENROLLS STUDENTS PURSUANT TO THIS SECTION SHALL
TAKE STEPS CONSISTENT WITH ESTABLISHED POLICY TO MAXIMIZE THE AWARD OF
CREDIT FOR PRIOR LEARNING FOR PARTICIPATING STUDENTS.
(C) NO STUDENT SHALL RECEIVE AN AWARD PURSUANT TO THIS SECTION FOR
GREATER THAN TEN SEMESTERS.
(D) A STUDENT WHO EARNS COLLEGE CREDIT PURSUANT TO THIS SECTION SHALL
BE ENTITLED TO TRANSFER SUCH CREDIT TO ANOTHER STATE UNIVERSITY OF NEW
YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS CONSISTENT WITH TRANSFER
POLICIES ESTABLISHED BY THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVER-
SITY OF NEW YORK.
5. REPORTING. BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND BY
SEPTEMBER FIRST OF EACH YEAR THEREAFTER, THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL EACH SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING INFORMATION:
(A) ENROLLMENT DATA BY FULL AND PART-TIME STATUS;
(B) RETENTION AND COMPLETION RATES BY FULL AND PART-TIME STATUS;
(C) BARRIERS TO STUDENT PARTICIPATION;
(D) DEMOGRAPHIC DATA RELATED TO THE PROGRAM;
(E) AVERAGE PRIOR LEARNING AND TRANSFER CREDIT AWARDED;
(F) THE TOTAL AMOUNT OF FUNDS AWARDED AND THE AVERAGE AWARD PER
STUDENT; AND
(G) POST-COMPLETION OUTCOMES INCLUDING TRANSFER, EMPLOYMENT, AND
WAGES, AS APPLICABLE.
§ 2. This act shall take effect immediately.
PART G
S. 3006--C 37 A. 3006--C
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
Intentionally Omitted
PART K
Intentionally Omitted
PART L
Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
housing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(a) Upon the consent of the local legislative body of any municipality
in which a project is or is to be located, the real property in a
project shall be exempt from local and municipal taxes, other than
assessments for local improvements, to the extent of all or part of the
value of the property included in such project which represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project at the time of its acquisition by
the limited-profit housing company, provided, however, that the real
property in a project acquired for purposes of rehabilitation shall be
exempt to the extent of all or part of the value of the property
included in such project, and further provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project except that for
projects located or to be located in a city of a population of one
million or more, [upon the consent of the local legislative body of the
municipality, the amount of such taxes to be paid may be set at not less
than (i) the taxes payable with respect to the real property in such
project with respect to the year nineteen hundred seventy-three, or,
(ii) if such project was not occupied in such year, not less than ten
per centum of the annual shelter rent or carrying charges first estab-
lished pursuant to subdivision one of section thirty-one of this arti-
cle] THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF
THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF A MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
S. 3006--C 38 A. 3006--C
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. Shelter rent shall mean the total rents received
from the occupants of a project less the cost of providing to the occu-
pants electricity, gas, heat and other utilities. Total rents shall
include rent supplements and subsidies received from the federal govern-
ment, the state or a municipality on behalf of such occupants[,] but
shall not include interest reduction payments pursuant to subdivision
(a) of section two hundred one of the Federal Housing and Urban Develop-
ment Act of nineteen hundred sixty-eight. The tax exemption shall oper-
ate and continue so long as the mortgage loans of the company, including
any additional mortgage loan the proceeds of which are used primarily
for the residential portion of the project, which additional loan is
approved by the commissioner or the supervising agency, are outstanding.
§ 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, the real property of a state urban development corporation
project acquired, owned, constructed, managed or operated by a company
incorporated pursuant to the not-for-profit corporation law and this
article shall be entitled to all the benefits provided by section four
hundred twenty-two of the real property tax law. The real property of a
state urban development corporation project, other than a state urban
development corporation project acquired, owned, constructed, managed or
operated by a company incorporated pursuant to the not-for-profit corpo-
ration law and this article, shall be exempt from all local and munici-
pal taxes, other than assessments for local improvements, to the extent
of the value of the property included in such project as represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project on the date of its acquisition by
the limited-profit housing company, provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project, as defined in para-
graph (a) hereof, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. The tax exemption shall operate and continue so
long as the mortgage loans of such limited profit housing company,
including any additional mortgage loan the proceeds of which are used
primarily for the residential portion of the project, which additional
loan is approved by the commissioner or the supervising agency, are
outstanding and the project is continued to be operated as a limited-
profit housing project. If a state urban development corporation project
qualifying for tax exemption pursuant to this paragraph is sold, with
the approval of the commissioner, to another limited-profit housing
company, such successor company shall be entitled to all the benefits of
this paragraph. In the event that such sale is to a company incorporated
pursuant to the not-for-profit corporation law and this article, such
S. 3006--C 39 A. 3006--C
successor company shall be entitled to all the benefits provided by
section four hundred twenty-two of the real property tax law.
§ 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 744 of the laws of 1977, is
amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, when a project is financed with a mortgage loan pursuant to
this article or article three of this chapter and (i) there is a partic-
ipation, new loan or investment pursuant to section twenty-three-b of
this article or (ii) such mortgage loan is assigned, modified or satis-
fied pursuant to section twenty-three-a or forty-four-b or subdivision
twenty-two-a of section six hundred fifty-four of this chapter, the real
property of the project shall be exempt from all local and municipal
taxes, other than assessments for local improvements, to the extent of
the value of the real property included in such project which represents
an increase over the assessed valuation of the real property, both land
and improvements, acquired for the project on the date of its original
acquisition for the project by the original mortgagor under a mortgage
loan pursuant to this article or article three of this chapter, provided
that the amount of taxes to be paid on the project shall not be less
than ten per centum of the annual shelter rent or carrying charges of
such project, as defined in paragraph (a) of this subdivision, EXCEPT
THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF
SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER
RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL
LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE
AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH
GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY
TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION
SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE CONSENT WAS GRANTED.
Such tax exemption shall commence in each instance from the date when
the project becomes subject to a mortgage insured by the federal govern-
ment and shall operate and continue so long as a mortgage on such
project is insured or held by the federal government or so long as the
project is thereafter owned by the federal government or so long as any
residual indebtedness is outstanding, whichever is longer. When there is
a participation, new loan or investment pursuant to section twenty-
three-b of this article, such participation, new loan or investment
shall be deemed to be the equivalent of a federally insured mortgage for
purposes of this paragraph. Nothing contained in this paragraph shall be
construed to limit or otherwise impair the benefits available to any
company eligible for exemption from taxation pursuant to section thir-
ty-one or section thirty-six-a of this article, section four hundred
twenty-two or section four hundred sixty-seven-c of the real property
tax law, or section fifty-eight of the public housing law. The foregoing
shall not be deemed to authorize any company to receive the benefits of
any exemption from taxation in contravention of the provisions of
section two of article eighteen of the constitution.
§ 4. Subdivision 4 of section 33 of the private housing finance law,
as amended by chapter 229 of the laws of 1989, is amended to read as
follows:
4. Notwithstanding the provisions of subdivision one hereof, when a
mutual company is organized under this article to facilitate the acqui-
sition of a building by residents thereof, the amount of local and
S. 3006--C 40 A. 3006--C
municipal taxes, other than assessments for local improvements, to be
paid on the real property included in such project, both land and
improvements, shall not exceed twenty per centum of the annual shelter
rent or carrying charges of such project, as defined in paragraph (a) of
subdivision one hereof; provided, however, that where such acquisition
of a building by residents thereof involves the financing of rehabili-
tation or other improvement as well as acquisition, upon the consent of
the local legislative body of the municipality in which the project is
located the amount of such taxes may be further reduced provided that
such amount shall not be less than ten per centum of the annual shelter
rent or carrying charges of the project, as defined in paragraph (a) of
subdivision one hereof; or the company may in lieu of requesting such
consent apply for the benefits of the local law, if any, enacted pursu-
ant to section four hundred eighty-nine of the real property tax law.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE
NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING
CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL LEGISLATIVE BODY
OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES MAY
BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS OF THE ANNUAL SHELTER RENT
OR CARRYING CHARGES OF THE PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE
THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORI-
ZATION IS NOT RENEWED, THE RATE OF TAXATION SHALL REVERT TO THE LEVEL
ESTABLISHED BEFORE THE CONSENT WAS GRANTED. Such tax exemption, if any,
granted pursuant to this article shall operate and continue so long as a
loan made under this article or any subsequent loan approved by the
commissioner or the supervising agency to enhance the residential
portion of the project and the project is continued to be operated for
the purposes set forth in this article is outstanding.
§ 5.Section 93 of the private housing finance law is amended by adding
a new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE MAXIMUM
COMBINED LOCAL AND MUNICIPAL TAXES, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS, THAT A PROJECT OPERATED BY A HOUSING COMPANY ESTABLISHED
PURSUANT TO THIS ARTICLE, AND WHICH IS ELIGIBLE FOR A TAX EXEMPTION
PURSUANT TO ANY OTHER SUBDIVISION OF THIS SECTION, SHALL BE REQUIRED TO
PAY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL BE NO MORE
THAN THE EQUIVALENT OF FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR
CARRYING CHARGES OF SUCH PROJECT. UPON THE CONSENT OF THE LOCAL LEGISLA-
TIVE BODY OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPULATION OF
ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH
TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS OF THE ANNUAL
SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH GRANTED
CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS.
IF SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION SHALL REVERT
TO THE LEVEL ESTABLISHED BEFORE THE CONSENT WAS GRANTED. FOR THE
PURPOSES OF THIS SUBDIVISION, "SHELTER RENT" SHALL HAVE THE SAME MEANING
AS SUCH TERM IS DEFINED TO HAVE IN PARAGRAPH A OF SUBDIVISION ONE OF
SECTION THIRTY-THREE OF THIS CHAPTER.
§ 6. This act shall take effect immediately.
PART M
Intentionally Omitted
S. 3006--C 41 A. 3006--C
PART N
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $18,800,000 for the fiscal
year ending March 31, 2026. Within this total amount, $250,000 shall be
used for the purpose of entering into a contract with the neighborhood
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$18,800,000, 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 2024-2025 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, 2025.
§ 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 $8,050,000 for the fiscal year ending March
31, 2026. Within this total amount, $250,000 shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article 17 of the private housing finance law. Notwithstanding any
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 $8,050,000, 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 2024-2025 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, 2025.
S. 3006--C 42 A. 3006--C
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $23,455,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$23,455,000, 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 2024-2025 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, 2025.
§ 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 $56,381,000 for the fiscal year
ending March 31, 2026. 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 $56,381,000, 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 2024-2025 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, 2026.
§ 5. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for grants to non-profit organizations to
assist non-profit affordable housing owners in joining an insurance
captive, a sum not to exceed $5,000,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to
S. 3006--C 43 A. 3006--C
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 purpose of reim-
bursing any grants to non-profit organizations to assist non-profit
affordable housing owners in joining an insurance captive authorized by
this section, a total sum not to exceed $5,000,000, 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 2024-2025 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, 2025.
§ 6. This act shall take effect immediately.
PART O
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part G of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2025] 2026; provided however that the amend-
ments to subdivision 10 of section 153 of the social services law made
by section one of this act, shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART P
Section 1. The social services law is amended by adding a new section
390-n to read as follows:
§ 390-N. CHILD CARE SUPPORT CENTER; OPERATING CERTIFICATE REQUIRED. 1.
FOR PURPOSES OF THIS SECTION, "CHILD CARE SUPPORT CENTER" SHALL MEAN AN
ENTITY OPERATING AS A CHILD CARE RESOURCE AND REFERRAL PROGRAM AS
DEFINED IN TITLE FIVE-B OF THIS ARTICLE THAT IS CERTIFIED BY THE OFFICE
OF CHILDREN AND FAMILY SERVICES TO PLACE INDIVIDUALS AS SUBSTITUTE CARE-
GIVERS AT CHILD DAY CARE CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY
DAY CARE HOMES, OR SCHOOL AGE CHILD CARE PROGRAMS AS DEFINED IN SECTION
THREE HUNDRED NINETY OF THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD
DAY CARE.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE AUTHORIZED TO
CERTIFY CHILD CARE SUPPORT CENTERS AND MAY, AT ITS DISCRETION, LIMIT THE
NUMBER OF OPERATING CERTIFICATES ISSUED. THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL REGULATE AND MONITOR CHILD CARE SUPPORT CENTERS.
3. NO ENTITY MAY PLACE SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS UNLESS IT POSSESSES A VALID OPERATING CERTIF-
ICATE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
S. 3006--C 44 A. 3006--C
4. PRIOR TO PLACING AN INDIVIDUAL AS A SUBSTITUTE CAREGIVER AT A CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME, OR
SCHOOL AGE CHILD CARE PROGRAM AS DEFINED IN SECTION THREE HUNDRED NINETY
OF THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE, A CHILD CARE
SUPPORT CENTER SHALL VERIFY THAT THE SUBSTITUTE CAREGIVER HAS MET THE:
(A) STANDARDS AND TRAINING REQUIREMENTS SET FORTH IN SECTION THREE
HUNDRED NINETY-A OF THIS TITLE FOR CHILD DAY CARE PROGRAM EMPLOYEES;
(B) CRIMINAL HISTORY REVIEW AND BACKGROUND CLEARANCE REQUIREMENTS OF
SECTION THREE HUNDRED NINETY-B OF THIS TITLE FOR PROSPECTIVE EMPLOYEES
OF A CHILD DAY CARE PROGRAM; AND
(C) ANY OTHER REQUIREMENTS ESTABLISHED BY THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
5. ANY CHILD DAY CARE PROGRAM LICENSED OR REGISTERED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL BE AUTHORIZED TO REQUEST PLACEMENT OF
A SUBSTITUTE CAREGIVER BY A CHILD CARE SUPPORT CENTER IN ACCORDANCE WITH
PROCEDURES ESTABLISHED BY THE CHILD CARE SUPPORT CENTER.
6. OPERATING CERTIFICATES ISSUED UNDER THIS SECTION SHALL REMAIN VALID
UNLESS SURRENDERED BY THE CHILD CARE SUPPORT CENTER OR REVOKED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES MAY REVOKE AN OPERATING CERTIFICATE AT ANY TIME UPON A
DETERMINATION THAT THE CHILD CARE SUPPORT CENTER HAS NOT OPERATED IN
ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW.
7. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY AN APPLICA-
TION FOR CERTIFICATION OF A CHILD CARE SUPPORT CENTER IF THE APPLICANT
HAD AN OPERATING CERTIFICATE REVOKED WITHIN THE TWO YEARS PRIOR TO THE
DATE OF APPLICATION.
§ 2. Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
12. A CHILD CARE SUPPORT CENTER CERTIFIED PURSUANT TO SECTION THREE
HUNDRED NINETY-N OF THIS TITLE SHALL BE AUTHORIZED TO REQUEST CLEARANCES
FOR SUBSTITUTE CAREGIVERS IN ACCORDANCE WITH THIS SECTION. SUBSTITUTE
CAREGIVERS SHALL BE CONSIDERED "PROSPECTIVE EMPLOYEES" OF A CHILD DAY
CARE PROGRAM UNDER SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment, and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
PART Q
Section 1. Subdivision 5 of section 131-a of the social services law
is amended by adding a new paragraph (f-1) to read as follows:
(F-1) A ONE-TIME BENEFIT TO PUBLIC ASSISTANCE RECIPIENTS UPON THE
BIRTH OF A NEW CHILD, AS PRESCRIBED BY REGULATIONS OF THE DEPARTMENT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART R
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 H of chapter 56 of the laws of 2024, are amended to read as
follows:
S. 3006--C 45 A. 3006--C
(a) in the case of each individual receiving family care, an amount
equal to at least [$181.00] $186.00 for each month beginning on or after
January first, two thousand [twenty-four] TWENTY-FIVE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$208.00] $213.00 for each month beginning on
or after January first, two thousand [twenty-four] TWENTY-FIVE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$249.00] $255.00 for each month
beginning on or after January first, two thousand [twenty-four] TWENTY-
FIVE.
(d) for the period commencing January first, two thousand [twenty-
five] TWENTY-SIX, 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-five] TWENTY-SIX, but prior to June thirtieth, two
thousand [twenty-five] TWENTY-SIX, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
H of chapter 56 of the laws of 2024, are amended to read as follows:
(a) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living alone, [$1,030.00]
$1,054.00; and for an eligible couple living alone, [$1,519.00]
$1,554.00.
(b) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living with others with or with-
out in-kind income, [$966.00] $990.00; and for an eligible couple living
with others with or without in-kind income, [$1,461.00] $1,496.00.
(c) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving family care,
[$1,209.48] $1,233.48 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,171.48] $1,195.48; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving residential care,
[$1,378.00] $1,402.00 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter or Rockland; and (ii) for an eligible couple receiving residential
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter 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, [$1,348.00] $1,372.00; 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-four]
TWENTY-FIVE, (i) for an eligible individual receiving enhanced residen-
S. 3006--C 46 A. 3006--C
tial care, [$1,637.00] $1,661.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-five] TWENTY-
SIX but prior to June thirtieth, two thousand [twenty-five] TWENTY-SIX.
§ 3. This act shall take effect December 31, 2025.
PART S
Section 1. Section 4 of part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, as amended by section 1 of part T of chapter 56 of
the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
[2025] 2028.
§ 2. This act shall take effect immediately.
PART T
Section 1. Article 19-D of the labor law, as added by chapter 88 of
the laws of 2021, is amended to read as follows:
ARTICLE 19-D
MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
Section 696-a. Definitions.
[696-b. Certification to the commissioner.
696-c.] 696-B. Minimum wage rate for covered airport workers.
[696-d.] 696-C. Commissioner's powers of investigation.
[696-e.] 696-D. Records of employers.
[696-f.] 696-E. Penalties.
[696-g.] 696-F. Civil action.
[696-h.] 696-G. Regulations.
[696-i.] 696-H. Savings clause.
§ 696-a. Definitions. As used in this article: 1. "Covered airport
location" means John F. Kennedy International Airport and LaGuardia
Airport or any location used to perform [airline catering] work [as such
work is described in subparagraph (iv) of paragraph (a) of subdivision
two of this section] RELATED TO THE PREPARATION OR DELIVERY OF FOOD FOR
CONSUMPTION ON AIRPLANES DEPARTING FROM JOHN F. KENNEDY INTERNATIONAL
AIRPORT OR LAGUARDIA AIRPORT.
2. (a) "Covered airport worker" means any person employed to perform
work at a covered airport location [provided at least one-half of the
employee's time during any workweek is performed at a covered airport
location and who works in one of the following covered categories:
(i) Cleaning and related services, which shall mean:
(1) building cleaning, including warehouse, kitchen, and terminal
cleaning, including common areas, gateways, gates, lounges, clubs,
concession areas, terminal entryways from ramp and where planes park at
S. 3006--C 47 A. 3006--C
the gate, and other nearby facilities used for the preparation, packag-
ing, and storage of inflight meals and supplies; and
(2) aircraft and cabin cleaning, including lavatory and water disposal
and replenishment, lift truck driving and helping, dispatching, cleaning
crew driving, and sorting and packing of inflight materials, such as
blankets, pillows, and magazines;
(ii) Security related services, including catering security, escort-
ing, escort security, passenger aircraft security, fire guarding, termi-
nal security, baggage security, traffic security, cargo screening,
including guarding, warehouse security, concessions and airport lounge
security, security dispatch, and security at nearby facilities used for
the preparation, packaging, and storage of inflight meals; or
(iii) In terminal and passenger handling services, including baggage
handling, sky cap services, wheelchair attending, wheelchair dispatch-
ing, customer and passenger services, line queue, identification check-
ing, porter services for baggage, and passenger and employee shuttle
driving.
(iv) Airline catering, including work related to the preparation or
delivery of food or beverage for consumption on airplanes departing from
a covered airport location or related location; or
(v) Airport lounge services, including food and retail services].
(B) "COVERED AIRPORT WORKER" SHALL INCLUDE ANY PERSON EMPLOYED TO
PERFORM WORK AT A COVERED AIRPORT LOCATION, PROVIDED AT LEAST HALF OF
THE EMPLOYEE'S TIME DURING ANY WORKWEEK IS PERFORMED AT A COVERED
AIRPORT LOCATION.
[(b)] (C) "Covered airport worker" shall not include [anyone who works
in one of the following non-covered categories:
(i) Non-cleaning and security related cargo and ramp services, includ-
ing ramp baggage and cargo handling, load control and ramp communi-
cation, aircraft mechanics and fueling of aircraft, provision of cool-
ing, heating, and power, passenger aircraft servicing, cabin equipment
maintenance, guiding aircraft in and out of gates, and gate side
aircraft maintenance;
(ii) Ramp and tarmac maintenance services, including operation of snow
plows, ramp cleaning vehicles, and tarmac sweepers;
(iii) Concession services, including food service, which includes food
and beverage service, wait service, and cashiers, and retail service,
which includes news, and gifts, and duty-free;
(c) "Covered airport worker" shall not include direct employees of the
Port Authority of New York and New Jersey, or any workers hired by
companies contracted by the Port Authority of New York and New Jersey,
that are performing work under such contract] PERSONS EMPLOYED IN AN
EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY AS DEFINED IN
SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR LABOR
STANDARDS ACT OF 1938 (29 U.S.C. S.213 ET SEQ.), OR PERSONS EMPLOYED BY
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY OR ANY OTHER GOVERNMENTAL
AGENCY.
[(d) Covered airport worker shall include only:
(i) Employees employed at a covered airport location on December thir-
tieth, two thousand twenty and who are working an average of at least
thirty hours per week; and
(ii) Employees employed at a covered airport location on or after
January first, two thousand twenty-three and who are working for an
average of thirty hours per week.
(e) "Covered airport worker" shall also not include persons employed
in an executive, administrative, or professional capacity as defined in
S. 3006--C 48 A. 3006--C
subparagraph one of paragraph (a) of section thirteen of the Fair Labor
Standards Act of 1938.]
3. "Successor airport employer" means any [person who furnishes clean-
ing and related services, security related services, in terminal and
passenger handling services, airline catering, or airport lounge
services] EMPLOYER THAT EMPLOYS COVERED AIRPORT WORKERS WHO PROVIDE
SERVICES at a covered airport location that are substantially similar to
those that were provided by covered airport workers previously employed
by another employer at such covered airport location.
4. "Employer" means any person, corporation, limited liability compa-
ny, or association employing any individual in an occupation, industry,
trade, business or service. The term "employer" shall not include a
governmental agency OR EMPLOYERS WITH TEN OR FEWER EMPLOYEES.
5. [The "standard wage rate" means the greater of:
(a) any minimum wage rate that would be otherwise applicable to
covered airport workers established by article nineteen of this chapter;
or
(b) any otherwise applicable minimum wage rate established through a
policy of the Port Authority of New York and New Jersey] THE "APPLICABLE
STANDARD RATE" MEANS THE WAGE AND BENEFIT RATES DESIGNATED BY THE
COMMISSIONER BASED ON THE DETERMINATIONS MADE BY THE GENERAL SERVICES
ADMINISTRATION PURSUANT TO THE FEDERAL MCNAMARA-O'HARA SERVICE CONTRACT
ACT OF 1965 (41 U.S.C. 6701 ET SEQ.), FOR THE APPROPRIATE LOCALITIES AND
CLASSIFICATIONS OF BUILDING SERVICE EMPLOYEES; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL THE PREVAILING WAGE RATE APPLICABLE TO A COVERED
AIRPORT WORKER ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND
EVERY YEAR THEREAFTER BE LESS THAN THE FOLLOWING:
(A) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
REGULATION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
(B) AN AMOUNT OF SUPPLEMENTAL WAGES OR A SUPPLEMENTAL HEALTHCARE
CONTRIBUTION EQUAL TO THE RATE FOR HEALTH AND WELFARE FOR ALL OCCUPA-
TIONS, DESIGNATED BY THE COMMISSIONER BASED ON THE DETERMINATIONS MADE
BY THE FEDERAL DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA
SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET SEQ.) FOR THE GEOGRAPHIC
REGION IN WHICH THE COVERED AIRPORT LOCATION IS SITUATED AND IN EFFECT
ON THE DATE OF THE DESIGNATION BY THE COMMISSIONER; AND
(C) PAID LEAVE EQUAL TO THE PAID LEAVE REQUIREMENTS DESIGNATED BY THE
COMMISSIONER THE IMMEDIATELY PRECEDING JANUARY FIRST, BASED ON THE
DETERMINATIONS MADE BY THE GENERAL SERVICES ADMINISTRATION PURSUANT TO
THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET
SEQ.).
6. [The "standard benefits supplement rate" means an hourly supplement
of four dollars and fifty-four cents furnished to an employee by provid-
ing at least four dollars and fifty-four cents per hour toward the cost
of minimum essential coverage under an eligible employer-sponsored plan
as defined in treasury regulation section 1.5000A-2(c)(1) beginning on
July first, two thousand twenty-one. The standard benefits supplement
rate shall apply only to the first forty hours worked by each covered
airport worker in each week and shall not apply to any overtime hours
worked by any covered airport worker. The standard benefits supplement
rate shall apply to any paid leave taken by a covered airport worker
that does not exceed forty hours in a week] "COMMISSIONER" MEANS THE
COMMISSIONER OF LABOR OF THE STATE OF NEW YORK.
[7. The "applicable standard rate" shall mean a combination of (a) the
standard wage rate; and (b) the standard benefits supplemental rate.
S. 3006--C 49 A. 3006--C
§ 696-b. Certification to the commissioner. 1. No later than March
thirty-first, two thousand twenty-one, each employer of a covered
airport worker shall submit to the commissioner a sworn statement certi-
fying the total number of workers employed by such employer at a covered
airport location to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location on
December thirtieth, two thousand twenty, and identifying the number that
is equal to eighty percent of such total number of employees, which
shall be the December thirtieth, two thousand twenty benchmark for the
purposes of this section. Such statement shall further include an affir-
mation that such employer will ensure that the number of covered airport
workers it employs at a covered airport location between July first, two
thousand twenty-one and December thirty-first, two thousand twenty-two
is no less than the December thirtieth, two thousand twenty benchmark.
Such sworn statement shall be provided by the commissioner upon request
by any airport worker performing cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location or
any representative of such airport workers. Prior to employing any
airport workers to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location, any
successor airport employer shall obtain the applicable December thirti-
eth, two thousand twenty benchmark from the commissioner and submit to
the commissioner an affirmation that such employer will ensure that the
number of covered airport workers it employs at a covered airport
location between July first, two thousand twenty-one and December thir-
ty-first, two thousand twenty-two is no less than the December thirti-
eth, two thousand twenty benchmark.
2. Each employer of any covered airport worker employed at a covered
airport location on or after January first, two thousand twenty-three
shall submit to the commissioner, in a form and manner proscribed by the
commissioner, a sworn statement affirming that such employer will
ensure, where applicable, that the proportion of covered airport workers
in each classification it employs to work an average of at least thirty
hours per week at a covered airport location is the same as such propor-
tion was compared to all workers in the same classification working at
such covered airport location in the calendar year two thousand nineteen
workforce. The commissioner shall publish a list of all covered classi-
fications with the corresponding proportions of all workers employed to
work an average of at least thirty hours a week compared to all workers
in the same classification employed to work at each covered airport
location in the calendar year two thousand nineteen. The commissioner
shall be empowered to promulgate rules or regulations to determine the
method and accounting for such information and to verify its accuracy,
including the ability to establish a presumed proportion where records
are missing or unavailable and provided further that such full-time
levels shall be no less than such December thirtieth, two thousand twen-
ty benchmark. If such proportion is not maintained, consistent with such
rules or regulations promulgated by the commissioner, then the hours
worked by such part time workers, which are outside of such proportion,
shall be subject to the provisions of this section as if they worked an
average of at least thirty hours per week at a covered airport location
and were otherwise a covered airport worker.
S. 3006--C 50 A. 3006--C
3. Each employer of a covered airport worker employed at a covered
airport location on December thirtieth, two thousand twenty and who is
working an average of at least thirty hours per week shall provide such
covered airport worker the ability to begin or change enrollment in an
eligible employer-sponsored plan as defined in treasury regulation
section 1.5000A-2(c)(1) for coverage beginning on July first, two thou-
sand twenty-one.
4. Each employer of any other covered airport worker at a covered
airport location shall provide such covered airport worker the ability
to begin or change enrollment in an eligible employer-sponsored plan as
defined in treasury regulation section 1.5000A-2(c)(1) for coverage
beginning no later than thirty days after becoming a covered airport
worker.]
§ [696-c.] 696-B. Minimum wage rate for covered airport workers. All
[covered] employers AT A COVERED AIRPORT LOCATION shall ensure that
every covered airport worker is compensated at a rate that is no less
than the applicable standard rate. Nothing in this article shall alter
or limit any employer's obligation to pay any otherwise applicable
prevailing wage under article eight or nine of this chapter.
§ [696-d.] 696-C. Commissioner's powers of investigation. The commis-
sioner or [his or her] SUCH COMMISSIONER'S authorized representative
shall have the power to:
1. investigate the compensation of covered airport workers in the
state;
2. enter the place of business or employment of any employer for the
purpose of (a) examining and inspecting any and all books, registers,
payrolls, and other records that in any way relate to or have a bearing
upon the compensation provided to, or the hours worked by any employees,
and (b) ascertaining whether the provisions of this article and the
rules and regulations promulgated hereunder are being complied with; and
3. require from any employer full and correct statements and reports
in writing, at such times as the commissioner may deem necessary, of the
compensation provided to and the hours by such employer's employees.
§ [696-e.] 696-D. Records of employers. For every employee covered by
this article, every employer shall establish, maintain, and preserve for
not less than six years contemporaneous, true, and accurate payroll
records showing for each week worked the hours worked, the compensation
provided, plus such other information as the commissioner deems material
and necessary. For all covered airport workers who are not exempt from
overtime compensation as established in the commissioner's minimum wage
orders or otherwise provided by law, rule, or regulation, the payroll
records shall include the compensation provided and the regular hourly
rate or rates of pay, the overtime rate or rates of pay, the number of
regular hours worked, the number of overtime hours worked and the cost
of benefits and/or benefit supplements. On demand, the employer shall
furnish to the commissioner or [his or her] SUCH COMMISSIONER'S duly
authorized representative a sworn statement of the hours worked, rate or
rates of compensation, for each covered airport worker, plus such other
information as the commissioner deems material and necessary. Every
employer shall keep such records open to inspection by the commissioner
or [his or her] SUCH COMMISSIONER'S duly authorized representative at
any reasonable time. Every employer of a covered airport worker shall
keep a digest and summary of this article which shall be prepared by the
commissioner, posted in a conspicuous place in [his or her] THEIR estab-
lishment and shall also keep posted such additional copies of said
digest and summary as the commissioner prescribes. Employers shall, on
S. 3006--C 51 A. 3006--C
request, be furnished with copies of this article and of orders, and of
digests and summaries thereof, without charge. Employers shall permit
the commissioner or [his or her] SUCH COMMISSIONER'S duly authorized
representative to question without interference any employee of such
employer in a private location at the place of employment and during
working hours in respect to the wages paid to and the hours worked by
such employee or other employees.
§ [696-f.] 696-E. Penalties. 1. If the commissioner finds that any
employer has violated any provision of this article or of a rule or
regulation promulgated thereunder, the commissioner may, after an oppor-
tunity for a hearing, and by an order which shall describe particularly
the nature of the violation, assess the employer a civil penalty of not
more than ten thousand dollars for the first such violation within six
years, not more than twenty thousand dollars for a second violation
within six years and not more than fifty thousand dollars for a third or
subsequent violation within six years. Such penalty shall be paid to the
commissioner for deposit in the treasury of the state. In assessing the
amount of the penalty, the commissioner shall give due consideration to
the size of the employer's business, the good faith [of the employer]
BASIS OF THE EMPLOYER TO BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE WITH
THE LAW, the gravity of the violation, the history of previous
violations and the failure to comply with record-keeping or other
requirements.
2. Any order issued under subdivision one of this section shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless the employer files a petition with the indus-
trial board of appeals for a review of the order, pursuant to section
one hundred one of this chapter.
3. The civil penalty provided for in this section shall be in addition
to and may be imposed concurrently with any other remedy or penalty
provided for in this chapter.
4. Upon a showing by an employee organization, the commissioner may
investigate by examining payroll records whether an employer withheld
hours of work to employees for the purpose of reducing the employer's
obligations under this article. If, after the opportunity for a hearing,
the commissioner determines that an employer withheld hours of work to
employees for the purpose of reducing the employer's obligations under
this article, the commissioner may, in addition to any other penalty
available, also require that the employer pay the [standard benefits
supplement] APPLICABLE STANDARD rate to all of the employer's employees,
regardless of the number of hours worked by the employees.
§ [696-g.] 696-F. Civil action. 1. On behalf of any employee paid
less than the applicable standard rate to which the employee is entitled
under the provisions of this article, the commissioner may bring any
legal action necessary, including administrative action, to collect such
claim, and the employer shall be required to pay the full amount of the
underpayment, plus costs, and unless the employer proves a good faith
basis to believe that its underpayment was in compliance with the law,
an additional amount as liquidated damages. Liquidated damages shall be
calculated by the commissioner as no more than one hundred percent of
the total amount of underpayments found to be due the employee. In any
action brought by the commissioner in a court of competent jurisdiction,
liquidated damages shall be calculated as an amount equal to one hundred
percent of underpayments found to be due the employee.
2. Notwithstanding any other provision of law, an action to recover
upon a liability imposed by this article must be commenced within six
S. 3006--C 52 A. 3006--C
years. The statute of limitations shall be tolled from the date an
employee files a complaint with the commissioner or the commissioner
commences an investigation, whichever is earlier, until an order to
comply issued by the commissioner becomes final, or where the commis-
sioner does not issue an order, until the date on which the commissioner
notifies the complainant that the investigation has concluded.
3. In any civil action by the commissioner, the commissioner shall
have the right to collect attorneys' fees and costs incurred in enforc-
ing any court judgment. Any judgment or court order awarding remedies
under this section shall provide that if any amounts remain unpaid upon
the expiration of ninety days following issuance of judgment, or ninety
days after expiration of the time to appeal and no appeal therefrom is
then pending, whichever is later, the total amount of judgment shall
automatically increase by fifteen percent.
§ [696-h.] 696-G. Regulations. [1.] The commissioner may promulgate
such regulations as [he or she] SUCH COMMISSIONER deems appropriate to
carry out the purposes of this article and to safeguard minimum compen-
sation standards.
§ [696-i.] 696-H. Savings clause. 1. If any provision of this article
or the application thereof to any person, occupation or circumstance is
held invalid, the remainder of the article and the application of such
provision to other persons, employees, occupations, or circumstances
shall not be affected thereby.
2. If any clause, sentence, paragraph, subdivision, section or part of
this article 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 judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this article would have been enacted even if such invalid provisions had
not been included herein.
[3. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged, whether by final judgment, a tempo-
rary restraining order, or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law, then the "stand-
ard benefits supplement rate" defined in subdivision six of section six
hundred ninety-six-a of this article shall immediately mean the follow-
ing:
(a) An hourly supplement of four dollars and fifty-four cents
furnished to an employee by providing at least four dollars and fifty-
four cents per hour beginning on July first, two thousand twenty-one in
one of the following ways: (i) in the form of health and/or other bene-
fits, not including paid leave, that cost the employer the entire
required hourly supplemental amount; (ii) by providing a portion of the
required hourly supplement in the form of health and/or other benefits,
not including paid leave, and the balance in cash; or (iii) by providing
the entire supplement in cash.
(b) The value of such supplement shall be no less than four dollars
and fifty-four cents per hour.
(c) The standard benefits supplement rate shall apply only to the
first forty hours worked by each covered airport worker in each week and
shall not apply to any overtime hours worked by any covered airport
worker.
S. 3006--C 53 A. 3006--C
(d) The standard benefits supplement rate shall apply to any paid
leave taken by a covered airport worker that does not exceed forty hours
in a week.
4. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged by any preliminary relief, including a
temporary restraining order or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law but is later
adjudged by the same court not to be preempted by federal law in a final
judgment, then the definition of "standard benefits supplement rate"
shall immediately revert to the definition stated in subdivision six of
section six hundred ninety-six-a of this article.]
§ 2. This act shall take effect January 1, 2026.
PART U
Section 1. Subdivision 1-a of section 198 of the labor law, as amended
by chapter 362 of the laws of 2015, is amended to read as follows:
1-a. On behalf of any employee paid less than the wage to which [he or
she is] THEY ARE entitled under the provisions of this article, the
commissioner may bring any legal action necessary, including administra-
tive action, to collect such claim and as part of such legal action, in
addition to any other remedies and penalties otherwise available under
this article, the commissioner shall assess against the employer the
full amount of any such underpayment, and an additional amount as liqui-
dated damages, unless the employer proves a good faith basis for believ-
ing that its underpayment of wages was in compliance with the law.
Liquidated damages shall be calculated by the commissioner as no more
than one hundred percent of the total amount of wages found to be due,
except such liquidated damages may be up to three hundred percent of the
total amount of the wages found to be due for a willful violation of
section one hundred ninety-four of this article. In any action insti-
tuted in the courts upon a wage claim by an employee or the commissioner
in which the employee prevails, the court shall allow such employee to
recover the full amount of any underpayment, all reasonable attorney's
fees, prejudgment interest as required under the civil practice law and
rules, and, unless the employer proves a good faith basis to believe
that its underpayment of wages was in compliance with the law, an addi-
tional amount as liquidated damages equal to one hundred percent of the
total amount of the wages found to be due, except such liquidated
damages may be up to three hundred percent of the total amount of the
wages found to be due for a willful violation of section one hundred
ninety-four of this article. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, LIQUIDATED DAMAGES SHALL NOT BE APPLICABLE TO VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE WHERE THE EMPLOYER PAID THE EMPLOYEE WAGES ON A REGULAR PAYDAY,
NO LESS FREQUENTLY THAN SEMI-MONTHLY. SUCH VIOLATIONS SHALL BE SUBJECT
TO DAMAGES AS FOLLOWS:
(I) NO MORE THAN ONE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE
DUE FOR THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST
RATE FOR EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST
THEN IN EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL
SERVICES PURSUANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR THE
EMPLOYER'S FIRST VIOLATION; OR
(II) FOR CONDUCT OCCURRING AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH,
LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT OF THE TOTAL AMOUNT OF
S. 3006--C 54 A. 3006--C
WAGES FOUND TO BE DUE IN VIOLATION OF PARAGRAPH A OF SUBDIVISION ONE OF
SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR ANY EMPLOYER WHO,
AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, HAS BEEN SUBJECT TO ONE OR
MORE PREVIOUS FINDINGS AND ORDERS FOR VIOLATIONS OF PARAGRAPH A OF
SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR
WHICH NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN
THIS CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING
SHALL HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE SAME WORK.
FOR PURPOSES OF THIS SUBDIVISION, AN ORDER SHALL MEAN A SINGLE FINAL
ORDER OR DETERMINATION MADE BY THE COMMISSIONER OR A COURT OF COMPETENT
JURISDICTION, REGARDLESS OF THE NUMBER OF EMPLOYEES OR THE TIME PERIOD
THAT WAS SUBJECT TO SUCH ORDER.
§ 2. This act shall take effect immediately and shall apply to causes
of action pending or commenced on or after such date.
PART V
Section 1. Subdivision 3 of section 218 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner, or the deci-
sion of the industrial board of appeals containing the amount found to
be due including the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
THE COMMISSIONER SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS
OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDI-
TIONALLY, AT the request of an employee, the commissioner shall assign,
without consideration or liability, that portion of the filed order that
constitutes wages, wage supplements, interest on wages or wage supple-
ments, or liquidated damages due that employee, to that employee and may
file an assignment or order in that amount in the name of that employee
with the county clerk of the county where the employer resides or has a
place of business. The filing of such assignment, order or decision
shall have the full force and effect of a judgment duly docketed in the
office of such clerk. The assignment[, order or decision] may be
enforced [by and in the name of the commissioner, or] by the employee[,]
in the same manner, and with like effect, as that prescribed by the
civil practice law and rules for the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE COMMISSIONER'S OFFICIAL SEAL,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
S. 3006--C 55 A. 3006--C
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 2. Subdivision 3 of section 219 of the labor law, as amended by
chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner or the decision
of the industrial board of appeals containing the amount found to be
due, including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
OF THE CIVIL PRACTICE LAW AND RULES, BUT THE COMMISSIONER SHALL BE ENTI-
TLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employ-
ee, the commissioner shall assign, without consideration or liability,
that portion of the filed order that constitutes wages, wage supple-
ments, interest on wages or wage supplements, or liquidated damages due
the employee, to that employee and may file an assignment or order in
that amount in the name of such employee with the county clerk of the
county where the employer resides or has a place of business. The filing
of such assignment, order or decision shall have the full force and
effect of a judgment duly docketed in the office of such clerk. The
assignment[, order or decision] may be enforced [by and in the name of
the commissioner, or] by the employee[,] in the same manner, and with
S. 3006--C 56 A. 3006--C
like effect, as that prescribed by the civil practice law and rules for
the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE OFFICIAL SEAL OF THE COMMISSIONER,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 3. This act shall take effect immediately.
PART W
Section 1. Subdivision 1 of section 141 of the labor law, as amended
by chapter 642 of the laws of 1991, is amended to read as follows:
1. If the commissioner finds that an employer has violated any
provision of this article or of a rule or regulation promulgated there-
under, the commissioner may by an order which shall describe particular-
ly the nature of the violation, assess the employer a civil penalty of
not more than [one] TEN thousand dollars for the first such violation,
AT LEAST TWO THOUSAND BUT not more than [two] TWENTY-FIVE thousand
dollars for a second violation, and AT LEAST TEN THOUSAND BUT not more
than [three] FIFTY-FIVE thousand dollars for a third or subsequent
S. 3006--C 57 A. 3006--C
violation. Such penalty shall be paid to the commissioner for deposit in
the treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith of the employer TO BELIEVE THAT ITS CONDUCT WAS
IN COMPLIANCE WITH THE LAW, the gravity of the violation, the history of
previous violations and the failure to comply with record-keeping or
other requirements, provided, however, that where such violation
involves illegal employment during which a minor is seriously injured or
dies, such penalty shall be [treble the maximum penalty allowable under
the law for such violation] AT LEAST THREE THOUSAND DOLLARS BUT NOT MORE
THAN THIRTY THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION, AT LEAST SIX
THOUSAND BUT NOT MORE THAN SEVENTY-FIVE THOUSAND DOLLARS FOR THE SECOND
VIOLATION, AND AT LEAST THIRTY THOUSAND DOLLARS BUT NOT MORE THAN ONE
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE THIRD OR SUBSEQUENT
VIOLATION. For the purposes of this subdivision, a minor shall be
deemed to be seriously injured if such injury results in a permanent
partial or permanent total disability as determined by the workers'
compensation board.
§ 2. This act shall take effect immediately.
PART X
Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
§ 2. Paragraph c of subdivision 2 of section 130 of the labor law is
REPEALED.
§ 3. Section 131 of the labor law, as amended by chapter 975 of the
laws of 1966, subdivision 2 and paragraph a of subdivision 3 as amended
by chapter 1017 of the laws of 1971, subparagraph 4 of paragraph a of
subdivision 3 as added by chapter 292 of the laws of 1991, subparagraph
5 of paragraph a of subdivision 3 as added and subparagraph 6 of para-
graph a of subdivision 3 as renumbered by chapter 123 of the laws of
1997, paragraph b of subdivision 3 as amended by chapter 35 of the laws
of 2004, paragraph c of subdivision 3 as amended by chapter 478 of the
laws of 1984, paragraph d of subdivision 3 as amended by chapter 377 of
the laws of 1973, and subdivision 6 as amended by chapter 920 of the
laws of 1982, is amended to read as follows:
§ 131. Employment of minors fourteen or fifteen years of age. 1. No
minor fourteen or fifteen years of age shall be employed in or in
connection with any trade, business, or service when attendance upon
instruction is required by the education law.
2. When attendance upon instruction is not required by the education
law, a minor fourteen or fifteen years of age may be employed if [he
presents] THEY PRESENT an employment certificate or permit issued in
accordance with the education law; provided, however, that no minor
fourteen or fifteen years of age shall be employed in or in connection
with a factory.
3. Exceptions:
a. When attendance upon instruction is not required by the education
law, a minor fourteen or fifteen years of age may be employed without an
employment certificate or permit in the following occupations:
(1) Caddy service on a golf course;
(2) Service as a baby sitter staying with and at the home of a younger
child or children with or without the presence at such home of such
child's or children's [parents or guardians] PERSONS IN PARENTAL
RELATION;
S. 3006--C 58 A. 3006--C
(3) Casual employment consisting of yard work and household chores in
and about a residence or the premises of a non-profit, non-commercial
organization, not involving the use of power-driven machinery;
(4) Assisting a [parent] PERSON IN PARENTAL RELATION AS DEFINED IN
SECTION THIRTY-TWO HUNDRED TWELVE OF THE EDUCATION LAW, aunt, uncle, OR
grandparent [or guardian] in the sale of produce of a farm that is owned
or leased by the minor's [parent] PERSON IN PARENTAL RELATION, aunt,
uncle, OR grandparent [or guardian], at a farm stand or farmer's market
stand that is owned or leased by the minor's [parent] PERSON IN PARENTAL
RELATION, aunt, uncle, OR grandparent [or guardian], at times when
school [in] IS not in session and the minor is accompanied by the
[parent or guardian] PERSON IN PARENTAL RELATION or has presented the
written consent of the [parent or guardian] PERSON IN PARENTAL
RELATION.
(5) Caddie service at a bridge tournament;
(6) Work for [his parents or guardians] THEIR PERSON IN PARENTAL
RELATION either on the home farm or at other outdoor work not connected
with or for any trade, business, or service.
b. Nothing in this section shall be construed to prohibit the employ-
ment of a minor fourteen or fifteen years of age as a child performer in
compliance with section 35.01 of the arts and cultural affairs law and
article four-A of this chapter.
c. Nothing in this section shall be construed to apply to the employ-
ment of a minor fourteen or fifteen years of age as a child model in
compliance with section 35.05 of the arts and cultural affairs law.
d. [Nothing in this section, or the hours of work requirements of this
chapter, shall apply to a newspaper carrier in compliance with section
thirty-two hundred twenty-eight of the education law. The picking up of
newspapers at a newspaper plant shall not be construed to be employment
in or in connection with a factory if there is provided a place for the
picking up of such newspapers, which place does not contain any danger-
ous machinery or equipment and does not afford access to space in which
any such dangerous machinery or equipment is located.
e. Nothing in this section shall prohibit the employment of a minor
fifteen years old who is found to be incapable of profiting from further
instruction available and who presents a special employment certificate
issued in accordance with the education law. Such employment certificate
shall not be valid for work in or in connection with a factory.
f.] A minor fourteen or fifteen years of age may be employed in farm
service, when attendance upon instruction is not required by the educa-
tion law, provided such minor presents a farm work permit issued in
accordance with the education law. Such permit shall be valid only when
signed by the employer and it shall not be valid for work in or in
connection with a factory.
[g.] E. Nothing in this section shall prohibit the employment of a
minor fourteen or fifteen years of age during the school lunch period in
a school cafeteria at the school which the minor attends if the minor
presents an employment certificate issued in accordance with the educa-
tion law.
4. Employment in delivery and clerical employments:
a. Nothing contained in this article shall be deemed to prohibit the
employment of a minor fourteen or fifteen years of age for whom a
student non-factory employment certificate has been issued in accordance
with the provisions of the education law, in delivery and clerical
employments:
S. 3006--C 59 A. 3006--C
(1) in an office of a factory, provided that such office is enclosed
and separate from the place where manufacturing is carried on, and
provided that the minor is not engaged in any manufacturing operation or
process; or
(2) in or in connection with dry cleaning stores, tailor shops, shoe
repair shops and similar service stores which clean, press, alter,
repair or dye articles or goods belonging to the ultimate consumer,
provided that such employment does not involve the use of dangerous
machinery or equipment, or chemical processes.
b. The commissioner may promulgate rules and regulations which [he
deems] THEY DEEM necessary to carry out the provisions of this subdivi-
sion.
5. Nothing in this section shall be construed to permit the employment
of a minor fourteen or fifteen years of age in any occupation prohibited
by section one hundred thirty-three of this chapter.
6. Nothing in this section shall prevent the rendering of services for
the public good by a minor of fourteen or fifteen years pursuant to
section seven hundred fifty-eight-a or 353.6 of the family court act.
§ 4. The labor law is amended by adding a new section 135 to read as
follows:
§ 135. DATABASE FOR EMPLOYMENT OF MINORS; EMPLOYEE REGISTRATION; MINOR
EMPLOYMENT CERTIFICATES. 1. CREATION OF DATABASE. THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF EDUCATION, SHALL CREATE AND MAINTAIN
A DATABASE FOR THE EMPLOYMENT OF MINORS. EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, ALL INFORMATION PERTAINING TO ANY EMPLOYER OR MINOR THAT
IS SUBMITTED TO THE DEPARTMENT UNDER THIS SECTION SHALL BE CONFIDENTIAL
AND SHALL NOT BE ACCESSIBLE TO THE PUBLIC. NOTHING HEREIN SHALL PREVENT
THE COMMISSIONER FROM SHARING SUCH INFORMATION FOR CIVIL OR CRIMINAL LAW
ENFORCEMENT PURPOSES.
2. EMPLOYER REGISTRATION AND RENEWAL PROCESS. ANY EMPLOYER REQUIRED TO
BE REGISTERED UNDER THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH THE
INFORMATION SET FORTH IN THIS SECTION, AS WELL AS ANY ADDITIONAL INFOR-
MATION THAT THE DEPARTMENT MAY REQUIRE, IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT.
3. EMPLOYER REGISTRATION AND INFORMATION. EVERY EMPLOYER THAT HIRES,
EMPLOYS, OR OTHERWISE PERMITS ANY MINOR UNDER THE AGE OF EIGHTEEN TO
WORK FOR THE EMPLOYER WITHIN THE STATE SHALL REGISTER IN THE DATABASE
AND SHALL PROVIDE, IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT,
THE FOLLOWING INFORMATION:
(A) THE NAME OF THE EMPLOYER;
(B) THE EMAIL ADDRESS OF THE EMPLOYER;
(C) ANY LOCATION OF THE EMPLOYER'S BUSINESS OPERATIONS WITHIN THE
STATE, INCLUDING ANY LOCATION WHERE A MINOR WILL BE WORKING;
(D) THE NUMBER AND NAMES OF MINORS WHO ARE HIRED, EMPLOYED, OR OTHER-
WISE PERMITTED TO WORK FOR THE EMPLOYER;
(E) A CERTIFIED STATEMENT FROM THE EMPLOYER THAT THE EMPLOYER IS
HIRING, EMPLOYING, OR OTHERWISE PERMITTING MINORS TO WORK ONLY IN POSI-
TIONS FOR THE EMPLOYER AS PERMITTED BY LAW, RULE, OR REGULATION IN ORDER
TO ENSURE THEIR HEALTH, SAFETY, AND WELL-BEING; AND
(F) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
4. EMPLOYER RECORDKEEPING. AN EMPLOYER THAT IS REQUIRED TO BE REGIS-
TERED UNDER THIS SECTION SHALL, BEFORE EMPLOYMENT BEGINS, FILE AT THE
PLACE OF THE MINOR'S EMPLOYMENT SUCH EMPLOYMENT CERTIFICATE OR PERMIT SO
THAT IT MAY BE READILY ACCESSIBLE TO ANY PERSON AUTHORIZED BY LAW TO
EXAMINE SUCH DOCUMENT. AN EMPLOYER'S ELECTRONIC ACCESS TO SUCH EMPLOY-
S. 3006--C 60 A. 3006--C
MENT CERTIFICATE OR PERMIT IN THE DATABASE SHALL MEET THE REQUIREMENTS
OF THIS SUBDIVISION.
5. MINOR REGISTRATION. ANY MINOR UNDER THE AGE OF EIGHTEEN WHO PLANS
TO WORK FOR AN EMPLOYER WITHIN THE STATE SHALL COMPLETE A REGISTRATION
IN THE DATABASE FOR ANY EMPLOYMENT CERTIFICATE OR PERMIT. ALL INFORMA-
TION PERTAINING TO THE MINOR SHALL BE CONFIDENTIAL AND SHALL NOT BE
ACCESSIBLE BY THE PUBLIC. WHEN THE MINOR RECEIVES A JOB OFFER FROM AN
EMPLOYER, THEY MUST UPDATE THEIR CERTIFICATE OR PERMIT IN THE DATABASE
TO REFLECT THAT EMPLOYER IN ORDER FOR THE CERTIFICATE OR PERMIT TO BE
VALID. IF THE MINOR PLANS TO WORK FOR A DIFFERENT EMPLOYER, OR FOR AN
EMPLOYER IN ADDITION TO THE EMPLOYER FOR WHICH THE MINOR FIRST REGIS-
TERED, THE MINOR SHALL UPDATE THE MINOR'S REGISTRATION. THE MINOR SHALL
BE REQUIRED TO SUBMIT DOCUMENTATION FOR REGISTRATION IN THE FORM AND
MANNER PRESCRIBED BY THE DEPARTMENT.
6. ISSUANCE AND REVOCATION OF EMPLOYMENT CERTIFICATE OR PERMIT. (A)
ANY EMPLOYMENT CERTIFICATE OR PERMIT ISSUED PURSUANT TO PART ONE OF
ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE ISSUED BY THE COMMIS-
SIONER ELECTRONICALLY WITHIN THE DATABASE. ANY APPLICATION FOR AN
EMPLOYMENT CERTIFICATE OR PERMIT THAT IS MADE PURSUANT TO PART ONE OF
ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE MADE BY A MINOR ON A
FORM PRESCRIBED BY THE DEPARTMENT.
(B) THE CHANCELLOR IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, AND ELSEWHERE THE SUPERINTENDENT OF SCHOOLS OR THE DISTRICT SUPER-
INTENDENT OF SCHOOLS WITHIN THEIR RESPECTIVE JURISDICTIONS, OR A PRINCI-
PAL OF A NONPUBLIC SECONDARY SCHOOL, MAY REQUEST THAT THE COMMISSIONER
REVOKE A MINOR'S EMPLOYMENT CERTIFICATE OR PERMIT. THE REQUESTOR SHALL
USE THE DATABASE TO FILE THIS REQUEST AND ELECTRONICALLY UPLOAD,
DISCLOSE, OR OTHERWISE PROVIDE ADDITIONAL INFORMATION AS NECESSARY.
ADDITIONAL INFORMATION MAY RELATE TO: (I) AN EVALUATION OF THE STUDENT'S
OVERALL ACADEMIC PERFORMANCE AND PAST ACADEMIC RECORD; (II) AN EXAMINA-
TION OF THE STUDENT'S ATTENDANCE RECORD; (III) THE WILLINGNESS OF THE
STUDENT TO PARTICIPATE IN A COOPERATIVE EDUCATION PROGRAM, WORK STUDY
PROGRAM, SCHOOL TO WORK PROGRAM OR ANY OTHER STRUCTURED PROGRAM WHICH
PROVIDES A STUDENT WITH AN OPPORTUNITY TO EARN INCOME WHILE EARNING
ACADEMIC CREDIT; (IV) SUCH OTHER FACTORS AS THE AFOREMENTIONED OFFICIALS
IDENTIFY; AND (V) ANY MATERIAL SUBMITTED BY THE STUDENT. UPON REVIEW OF
INFORMATION PROVIDED BY SCHOOLS OR GATHERED ON THEIR OWN, THE COMMIS-
SIONER MAY REVOKE THE MINOR'S EMPLOYMENT CERTIFICATE OR PERMIT.
7. RECORDS. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
OF EDUCATION, SHALL PROVIDE A METHOD BY WHICH AUTHORIZED SCHOOL EMPLOY-
EES ACTING ON BEHALF OF A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES, OR NONPUBLIC SCHOOL MAY ACCESS THE DATABASE FOR THE
PURPOSE OF COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCA-
TION LAW. THE COMMISSIONER MAY SHARE INFORMATION WITH SUCH AUTHORIZED
SCHOOL EMPLOYEES ABOUT REGISTERED MINORS AND REQUEST INFORMATION FROM
SUCH SCHOOL AUTHORIZED EMPLOYEES ABOUT REGISTERED MINORS OR MINORS
APPLYING FOR A CERTIFICATE OR PERMIT. NOTWITHSTANDING ANY LAW, RULE, OR
REGULATION TO THE CONTRARY, A SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, NONPUBLIC SECONDARY SCHOOL AND THE EDUCATION
DEPARTMENT SHALL PROVIDE THE COMMISSIONER WITH SUCH RECORDS AND INFORMA-
TION AS REQUESTED TO FULFILL THE REQUIREMENTS OF THIS SECTION, PROVIDED
THAT, AS APPLIED TO STUDENT EDUCATIONAL RECORDS, SUCH ENTITY SHALL
PROVIDE ALL PROTECTIONS AFFORDED TO PARENTS AND PERSONS IN PARENTAL
RELATIONSHIPS, OR STUDENTS WHERE APPLICABLE, REQUIRED UNDER THE FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. SECTION 1232G, WHERE
APPLICABLE THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, SECTIONS
S. 3006--C 61 A. 3006--C
FOURTEEN HUNDRED, ET SEQ. OF TITLE TWENTY OF THE UNITED STATES CODE, AND
THE FEDERAL REGULATIONS IMPLEMENTING SUCH STATUTES.
8. REGULATIONS. THE COMMISSIONER MAY PRESCRIBE REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 5. Section 140 of the labor law, as amended by chapter 478 of the
laws of 1984, is amended to read as follows:
§ 140. Enforcement of violations relating to child performers[,] AND
child models[, street trades, and newspaper carriers]. The commissioner
is hereby authorized and empowered to prosecute violations of section
35.01 of the arts and cultural affairs law, relating to child perform-
ers, AND section 35.05 of the arts and cultural affairs law, relating to
child models[, section thirty-two hundred twenty-seven of the education
law, relating to street trades, and section thirty-two hundred twenty-
eight of the education law, relating to newspaper carriers].
§ 6. Section 3215 of the education law, as amended by chapter 1017 of
the laws of 1971, subdivision 1 and paragraph d of subdivision 4 as
amended by chapter 919 of the laws of 1974, is amended to read as
follows:
§ 3215. Unlawful employment. 1. It shall be unlawful, except as
otherwise provided by law, to employ in any trade, business or service a
minor who does not present an employment certificate or permit issued in
accordance with this article AND SECTION ONE HUNDRED THIRTY-FIVE OF THE
LABOR LAW.
2. No minor shall be employed during the hours when attendance upon
instruction is required by this chapter.
3. No minor shall be employed in violation of any provision of the
labor law or other law.
4. Exceptions. a. When attendance upon instruction is not required by
this chapter, a minor fourteen years of age or over may be employed
without an employment certificate or permit in the following occupa-
tions:
(1) Caddy service on a golf course;
(2) Service as a baby sitter staying with and at the home of another
child or children with or without the presence at such home of such
child or children's [parents or guardians] PERSONS IN PARENTAL RELATION;
(3) Casual employment of a minor fourteen or fifteen years of age
consisting of yard work and household chores in and about a residence or
the premises of a non-profit, non-commercial organization, not involving
the use of power-driven machinery; and
(4) Casual employment of a minor sixteen years of age or over consist-
ing of yard work and household chores in and about a residence or the
premises of a non-profit, non-commercial organization, not involving the
use of power-driven machinery other than power-driven machinery ordinar-
ily used in such yard work or household chores.
b. When attendance upon instruction is not required, a minor sixteen
years of age or over may be employed in work on a farm without an
employment certificate or permit.
c. Nothing in this section shall prohibit the employment of a minor
during the school lunch period in a school cafeteria at the school which
the minor attends if the minor presents an employment certificate issued
in accordance with this article.
d. Nothing in this section shall be construed to prohibit the employ-
ment of a minor in accordance with [sections] SECTION thirty-two hundred
twenty-six [through and including section thirty-two hundred thirty] of
this chapter.
S. 3006--C 62 A. 3006--C
e. Nothing in this section shall be construed to prohibit the employ-
ment of a minor twelve years of age or over in work for [his parents or
guardians] THEIR PERSON IN PARENTAL RELATION on the home farm or at
other outdoor work not connected with or for any trade, business or
service when attendance upon instruction is not required by this chap-
ter.
f. Notwithstanding any other provision of this chapter, an employment
certificate or permit shall not be required for a student sixteen years
of age or over who is in attendance at a recognized institution of high-
er learning and who is employed by a non-profit college or university or
by a non-profit college or university fraternity, sorority, student
association or faculty association.
§ 7. Section 3215-a of the education law, as amended by chapter 1017
of the laws of 1971 and subdivisions 1 and 2 as amended by chapter 197
of the laws of 1992, is amended to read as follows:
§ 3215-a. General certification provisions. 1. Certificating offi-
cials. Employment certificates or permits shall be issued by the [chan-
cellor in the city school district of the city of New York, and by the
superintendent of schools in other school districts, provided that the
district superintendent of schools may issue such certificates or
permits for students attending classes operated by a board of cooper-
ative educational services, and the principal of a nonpublic secondary
school may issue such certificates or permits for students attending
such school. The chancellor in New York city, or elsewhere the super-
intendent of schools or district superintendent of schools may designate
in writing the principal of the public school the minor attends or last
attended or other public school official to act as certificating offi-
cial in his stead. During the months of July and August, and at other
times in extraordinary circumstances and emergencies, one or more public
school officials shall be designated in writing by the chancellor in New
York city and elsewhere by the superintendent or district superintendent
to act as certificating officials. The designation or authorization of
certificating officials in public schools shall be subject to such limi-
tations or standards as may be prescribed by the chancellor in New York
city and elsewhere by the superintendent or district superintendent]
COMMISSIONER OF LABOR. THE COMMISSIONER OF LABOR MAY SHARE THE STATUS
OF A STUDENT'S CERTIFICATE OR PERMIT WITH THE CHANCELLOR IN THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK AND ELSEWHERE WITH THE SUPER-
INTENDENT OF SCHOOLS OR THE DISTRICT SUPERINTENDENT OF SCHOOLS WITHIN
THEIR RESPECTIVE JURISDICTIONS OR WITH A PRINCIPAL OF A NONPUBLIC
SECONDARY SCHOOL FOR A STUDENT ATTENDING SUCH SCHOOL.
2. Revocation. Employment certificates or permits may be revoked [for
cause] by the [chancellor in New York city and elsewhere by the super-
intendent of schools or the district superintendent of schools within
their respective jurisdictions, or, by a principal of a nonpublic
secondary school for a student attending such school. Where a student
who is required to attend school pursuant to section thirty-two hundred
five of this article has failed no less than four academic courses in
one semester, the chancellor in New York city, and elsewhere the super-
intendent of schools or the district superintendent of schools within
their respective jurisdictions, or a principal of a nonpublic secondary
school may revoke such student's employment certificate or permit. In
determining whether to revoke an employment certificate or permit, the
chancellor in New York city, and elsewhere the superintendent of schools
or the district superintendent of schools within their respective juris-
dictions, or a principal of a nonpublic secondary school, shall consid-
S. 3006--C 63 A. 3006--C
er, (1) an evaluation of the student's overall academic performance and
past academic record; (2) an examination of the student's attendance
record; (3) the economic need of the student's family for the income
provided by the student; (4) the willingness of the student to partic-
ipate in a cooperative education program, work study program, school to
work program or any other structured program which provides a student
with an opportunity to earn income while earning academic credit; (5)
such other factors as the aforementioned officials identify; and (6) any
material submitted by the student] COMMISSIONER OF LABOR PURSUANT TO
SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
Notwithstanding any other provisions of law, nothing in this section
shall be construed to prevent any student from obtaining an employment
certificate or permit for the purpose of working during the months of
July and August.
3. Approval of form and contents. The commissioner of [education]
LABOR, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, shall
prescribe [or approve] the form and contents of all certificates,
permits, [physical examination records,] and schooling records required
by part one of this article FOR EMPLOYMENT PURPOSES AND CONSISTENT WITH
SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW. [The form of such
certificates and permits shall also be subject to the approval of the
industrial commissioner] ANY EMPLOYMENT CERTIFICATE OR PERMIT ISSUED
PURSUANT TO THIS PART SHALL BE ISSUED ELECTRONICALLY WITHIN THE DATABASE
CREATED AND MAINTAINED BY THE DEPARTMENT OF LABOR, IN CONSULTATION WITH
AND WITH SUPPORT FROM THE DEPARTMENT, PURSUANT TO SECTION ONE HUNDRED
THIRTY-FIVE OF THE LABOR LAW.
§ 8. Section 3216 of the education law, as amended by chapter 1017 of
the laws of 1971 and subdivision 3 as amended by chapter 919 of the laws
of 1974, is amended to read as follows:
§ 3216. Employment certificates. 1. A student non-factory employment
certificate may be issued to a minor fourteen or fifteen years of age
who is attending day school. The certificate shall be valid for work in
a trade, business or service, but shall not be valid for work in or in
connection with a factory except as provided in subdivision four of
section one hundred thirty-one of the labor law.
2. A student general employment certificate may be issued to a minor
sixteen or seventeen years of age who is attending day school. It shall
be valid for work in or in connection with a factory or any other trade,
business or service.
3. A full-time employment certificate may be issued to a minor sixteen
or seventeen years of age who is not attending day school or who
declares [his] THEIR intention to leave day school for full-time employ-
ment. It shall be valid for work in or in connection with a factory or
any other trade, business or service. A full-time employment certificate
also may be issued to a minor who is a graduate of a four-year high
school, but if such minor is under sixteen years of age the certificate
shall not be valid for work in or in connection with a factory except as
provided in subdivision four of section one hundred and thirty-one of
the labor law.
4. [A limited employment certificate may be issued as provided in
subdivision two of section thirty-two hundred twenty of this article.
5. A special employment certificate may be issued as provided in
section thirty-two hundred twenty-five of this article.
6.] An employment certificate shall be valid not only for the initial
employment but also for subsequent employments in work permitted by the
particular type of certificate, PROVIDED THAT THE MINOR HAS UPDATED
S. 3006--C 64 A. 3006--C
THEIR ELECTRONIC REGISTRATION TO REFLECT THE SUBSEQUENT EMPLOYER AS
REQUIRED BY SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
[7.] 5. An employment certificate shall expire two years from the date
of its issuance, except as otherwise provided in this article. No
employment certificate shall be valid for employment in violation of any
provision of the labor law or rules issued thereunder.
[8.] 6. An employment certificate shall be kept on file at the place
of the minor's employment [and shall be returned to the minor when the
employment terminates] OR BE READILY ACCESSIBLE TO ANY PERSON AUTHORIZED
BY LAW TO EXAMINE SUCH DOCUMENT IN ACCORDANCE WITH THE RECORDKEEPING
REQUIREMENTS SET FORTH IN SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR
LAW.
§ 9. Section 3217 of the education law, as amended by chapter 1017 of
the laws of 1971, is amended to read as follows:
§ 3217. Procedure for issuance of employment certificates. 1. An
application for an employment certificate shall be made by a minor [on a
form] IN THE MANNER prescribed by the commissioner of [education] LABOR
AND CONSISTENT WITH THE REQUIREMENTS OF SECTION ONE HUNDRED THIRTY-FIVE
OF THE LABOR LAW.
2. Before issuing an employment certificate the issuing official shall
require the minor to submit the following:
a. Evidence of age;
b. Written consent of the [parent or guardian] PERSON IN PARENTAL
RELATION AS DEFINED IN SECTION THIRTY-TWO HUNDRED TWELVE OF THIS PART;
AND
c. [A certificate of physical fitness; and
d.] If the application is for a full-time employment certificate, a
schooling record.
In addition, in a city or school district which, pursuant to section
thirty-two hundred five, subdivision three, of this article, requires
minors from sixteen to seventeen years of age who are not employed to
attend school, the certificating official shall require a minor applying
for a full-time employment certificate to submit the following:
a. A pledge of employment; and
b. A schooling record.
§ 10. Section 3219 of the education law is REPEALED.
§ 11. Section 3220 of the education law is REPEALED.
§ 12. Section 3221 of the education law, as amended by chapter 1017 of
the laws of 1971, is amended to read as follows:
§ 3221. Pledge of employment. The pledge of employment shall be
[signed] COMPLETED IN THE METHOD PRESCRIBED PURSUANT TO SECTION ONE
HUNDRED THIRTY-FIVE OF THE LABOR LAW by the initial prospective employer
or [his] THEIR authorized representative and shall show [his] THEIR name
and place of business, the minor's name, the number of days per week and
the number of hours per day and per week during which [he] THEY will be
employed, the hours of the beginning and the ending of work, and the
nature and type of the employment.
§ 13. Section 3223 of the education law, as amended by chapter 1017 of
the laws of 1971, is amended to read as follows:
§ 3223. Duties of employers. The employer of any minor required to
have an employment certificate:
1. Shall [satisfy himself] PERSONALLY CONFIRM that the minor present-
ing an employment certificate is in fact the minor named therein.
2. Shall before employment begins, PHYSICALLY OR ELECTRONICALLY file
at the place of the minor's employment such certificate so that it may
be readily accessible to any authorized person to examine such document.
S. 3006--C 65 A. 3006--C
3. Shall, upon termination of the minor's employment, [return the
employment certificate to the minor] DESTROY ANY PHYSICAL OR ELECTRONIC
COPIES OF SUCH CERTIFICATE.
§ 14. Section 3224 of the education law, as added by chapter 975 of
the laws of 1966, is amended to read as follows:
§ 3224. Temporary services. a. If an employer is engaged in a busi-
ness of assigning employees for temporary services at another establish-
ment, and the employer compensates the employee for such services
rendered the employer shall keep on file [in his office] PHYSICALLY IN
OFFICE OR ELECTRONICALLY AND READILY ACCESSIBLE the employment certif-
icate and shall cause to be delivered to each establishment where the
child will perform [his] THE services a true copy of such employment
certificate. Such delivery shall be deemed compliance with sections
thirty-two hundred sixteen and thirty-two hundred twenty-three of this
[chapter] PART AND SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW. The
owner of each establishment to which the child is assigned shall [keep
on file in his office such] ALSO RETAIN A copy of the employment certif-
icate[, which shall be deemed compliance with sections thirty-two
hundred sixteen and thirty-two hundred twenty-three of this chapter,]
and shall return such copy to the employer at the conclusion of the
child's assignment. Such employer shall note on the original employment
certificate the existence of each copy.
b. As used in this section, the term "establishment" includes a facto-
ry, mercantile establishment, business office, restaurant, hotel and any
other trade, business or service.
c. The commissioner of education may promulgate rules and regulations
as [he deems] THEY DEEM necessary to [insure] ENSURE that employment
under the provisions of this section shall not be harmful or undesirable
from the point of view of the welfare, development, or proper education
of the child.
§ 15. Sections 3225, 3227, and 3228 of the education law are REPEALED.
§ 16. Section 3226 of the education law, as added by chapter 975 of
the laws of 1966, is amended to read as follows:
§ 3226. Farm work permits. 1. A farm work permit may be issued to a
minor fourteen or fifteen years of age authorizing employment in farm
service.
2. A farm work permit also may be issued to a minor over twelve years
of age for employment in assisting in the hand work harvest of berries,
fruits and vegetables pursuant to paragraph e of subdivision two of
section one hundred thirty of the labor law.
3. To obtain a farm work permit a minor shall present to the issuing
officer the following:
a. Evidence of age; AND
b. Written consent of the [parent or guardian; and
c. A certificate of physical fitness] PERSON IN PARENTAL RELATION AS
DEFINED IN SECTION THIRTY-TWO HUNDRED TWELVE OF THIS ARTICLE.
4. Such permit shall be valid only when signed by the employer and
subject only to the condition that it shall not be valid for work in or
in connection with a factory.
5. A farm work permit shall not be required for the employment of a
minor sixteen years of age or over in farm service.
§ 17. This act shall take effect two years after it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such date.
S. 3006--C 66 A. 3006--C
PART Y
Section 1. The section heading, paragraphs (a), (b) and (c) of subdi-
vision 1, paragraphs (a), (b) and (c) of subdivision 2, and paragraphs
(a), (b) and (c) of subdivision 3 of section 26 of the veterans'
services law are amended to read as follows:
Payment to [parents] IMMEDIATE FAMILY MEMBERS of veterans.
(a) (I) A parent, SPOUSE, OR MINOR CHILD identified in 10 USC 1126 as
a gold star parent, SPOUSE, OR MINOR CHILD; OR (II) A PARENT, SPOUSE, OR
MINOR CHILD of a veteran who [heretofore has died or a parent of a
veteran dying hereafter] DIED WHILE ON ACTIVE DUTY, shall upon applica-
tion to the state commissioner, be paid an annual annuity out of the
treasury of the state for the sum of five hundred dollars for such term
as such parent, SPOUSE, OR MINOR CHILD shall be entitled thereto under
the provisions of this article. Commencing in the year two thousand
nineteen, the amount of any annuity payable under this section shall be
the same amount as the annuity payable in the preceding year plus a
percentage adjustment equal to the annual percentage increase, if any,
for compensation and pension benefits administered by the United States
Department of Veterans Affairs in the previous year. Such percentage
increase shall be rounded up to the next highest one-tenth of one
percent and shall not be less than one percent nor more than four
percent. The commissioner of veterans' services, not later than February
first of each year, shall publish by any reasonable means, including but
not limited to posting on the department's website, the amount of the
annuity as adjusted payable under this section. The term "parent" for
the purposes of this section includes mother, father, stepmother, step-
father, mother through adoption and father through adoption. THE TERM
"SPOUSE" FOR THE PURPOSES OF THIS SECTION MEANS A PERSON WHO WAS THE
SPOUSE OR DOMESTIC PARTNER OF THE VETERAN AT THE TIME OF SUCH VETERAN'S
DEATH REGARDLESS OF WHETHER SUCH PERSON HAS REMARRIED OR ENTERED INTO A
NEW DOMESTIC PARTNERSHIP SINCE SUCH VETERAN'S DEATH. THE TERM "MINOR
CHILD" FOR THE PURPOSES OF THIS SECTION MEANS A PERSON WHO IS UNDER THE
AGE OF EIGHTEEN YEARS, OR WHO, AFTER ATTAINING THE AGE OF EIGHTEEN YEARS
AND UNTIL COMPLETION OF EDUCATION OR TRAINING, BUT NOT AFTER ATTAINING
THE AGE OF TWENTY-THREE YEARS, IS PURSUING A COURSE OF INSTRUCTION AT AN
APPROVED EDUCATIONAL INSTITUTION AND WHO IS THE BIOLOGICAL, STEP, OR
ADOPTED CHILD OF A VETERAN. THE TERM "ACTIVE DUTY" FOR PURPOSES OF THIS
SECTION SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION
101 OF TITLE 38 OF THE UNITED STATES CODE, AND SHALL ALSO INCLUDE ANY
PERIOD OF ACTIVE DUTY FOR TRAINING DURING WHICH THE INDIVIDUAL CONCERNED
DIED FROM A DISEASE OR INJURY INCURRED OR AGGRAVATED IN THE LINE OF
DUTY, OR ANY PERIOD OF INACTIVE DUTY TRAINING DURING WHICH THE INDIVID-
UAL CONCERNED DIED FROM AN INJURY INCURRED OR AGGRAVATED IN THE LINE OF
DUTY OR FROM AN ACUTE MYOCARDIAL INFARCTION, A CARDIAC ARREST, OR A
CEREBROVASCULAR ACCIDENT WHICH OCCURRED DURING SUCH TRAINING. THE TERMS
"ACTIVE DUTY FOR TRAINING" AND "INACTIVE DUTY TRAINING" FOR THE PURPOSES
OF THIS SECTION SHALL HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN
SECTION 101 OF TITLE 38 OF THE UNITED STATES CODE.
(b) The entitlement of any parent, SPOUSE, OR MINOR CHILD to receive
the annuity provided by paragraph (a) of this subdivision shall termi-
nate upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S death
or upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S ceasing
to continue to be a resident of and domiciled in the state of New York,
but such entitlement may be reinstated upon application to the state
commissioner, if such parent, SPOUSE, OR MINOR CHILD shall thereafter
S. 3006--C 67 A. 3006--C
resume [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S residence
and domicile in the state.
(c) The effective date of an award of the annuity to a parent, SPOUSE,
OR MINOR CHILD shall be the day after the date of death of the veteran
if the application therefor is received within one year from date of
death. If the application is received after the expiration of the first
year following the date of the death of the veteran, the effective date
of an award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be
the date of receipt of the application by the state commissioner. If the
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
(a) Any gold star parent, SPOUSE, OR MINOR CHILD, [who is the parent]
of a deceased veteran, [and] OR A PARENT, SPOUSE, OR MINOR CHILD OF A
VETERAN PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION, who is a resident of and domiciled in the state of
New York, [shall] MAY make application to the department.
(b) No entitlement shall be paid under this section to or for a gold
star parent, SPOUSE, OR MINOR CHILD, OR A PARENT, SPOUSE, OR MINOR CHILD
OF A VETERAN PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVI-
SION ONE OF THIS SECTION, who is in prison in a federal, state, or local
penal institution as a result of conviction of a felony or misdemeanor
for any part of the period beginning sixty-one days after [his or her]
SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S imprisonment begins and ending
with [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S release.
(c) Where one or more gold star parents, SPOUSE, OR MINOR CHILDREN, OR
PARENTS, SPOUSE, OR MINOR CHILDREN OF A VETERAN PURSUANT TO SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, are disquali-
fied for the annuity for a period under paragraph (b) of this subdivi-
sion, the state commissioner shall pay the shares of such disqualified
parents, SPOUSE, OR MINOR CHILDREN to the other parents OR MINOR CHIL-
DREN, if they meet the qualifications on their own.
(a) Evidence of the military service of the deceased veteran [of the
gold star parent] for each case shall be furnished in the manner and
form prescribed by the state commissioner.
(b) Upon being satisfied that such service was honorable, that other
facts and statements in the application of such gold star parent,
SPOUSE, OR MINOR CHILD OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, are true, the state commissioner shall certify to the
state comptroller the name and address of such gold star parent, SPOUSE,
OR MINOR CHILD, OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION.
(c) Thereafter, the department of taxation and finance, on the audit
and warrant of the comptroller, shall pay such gold star parent, SPOUSE,
OR MINOR CHILD, OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, such sum as is authorized by the provisions of this section in
semi-annual installments for so long as such qualified gold star parent,
SPOUSE, OR MINOR CHILD, OR PARENT, SPOUSE, OR MINOR CHILD OF A VETERAN
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, shall meet the requirements of this section.
S. 3006--C 68 A. 3006--C
§ 1-a. The commissioner of veterans' services shall conduct an
outreach program for the purpose of informing the public and persons who
may be eligible to receive an annuity under section 26 of the veterans'
services law of the amendments made to such section by section one of
this act. Such outreach activities shall include, but not be limited to,
an announcement on the department of veterans' services official website
and, to the extent practicable, making contact with any parent, spouse,
domestic partner or minor child of a service member known to have died
on active duty prior to the effective date of this act and subsequent to
such date, to inform such persons of their potential eligibility to
receive an annuity and to offer assistance in preparing an application
for such benefit. The commissioner of veterans' services may seek the
assistance of the division of military and naval affairs and federal
military authorities in identifying persons who may be eligible to
receive an annuity under section 26 of the veterans' services law.
§ 2. This act shall take effect immediately.
PART Z
Intentionally Omitted
PART AA
Section 1. On or before September 1, 2025, the commissioner of educa-
tion shall submit a report to the governor, the speaker of the assembly,
and the temporary president of the senate providing information regard-
ing usage, budgeting, staffing, assets, and functions of the New York
state museum in a form and manner as determined by the director of the
budget. Such report shall include but not be limited to the following
information:
1. Annual statistics for state fiscal years 2004-05 through 2024-25
for the following categories:
(a) visitorship by month;
(b) philanthropic donations, either monetary or in-kind;
(c) school student visitorship;
(d) marketing, advertising, and promotional expenditures;
(e) staffing levels and expenditures for each office of the museum;
(f) capital expenditures;
(g) museum revenue from sources other than state aid; and
(h) balance of total revenues and operating expenses;
2. A summary of current agreements with other cultural institutions
regarding loan or exchange of collections;
3. Current collections on display and length of time on display;
4. Current collections in possession of the museum but not on display;
5. New collections scheduled to go on display in the next five years;
6. A listing of special events, exhibitions, tours, limited or travel-
ing displays, and other events not included in information regarding
normal displayed collections over the prior five years;
7. A listing of any ancillary services provided at the museum, includ-
ing but not limited to food service, retail, or walking tours; and
8. Usage over the prior five years of the state museum collection by
federal agencies, New York state agencies, local governments, and other
governmental entities, whether for display or research purposes.
§ 2. On or before September 1, 2026 and annually thereafter, the
commissioner shall submit a report to the governor, the speaker of the
S. 3006--C 69 A. 3006--C
assembly, and the temporary president of the senate including updated
information from the prior state fiscal year supplementing the informa-
tion provided in the report required by section one of this act.
§ 3. This act shall take effect immediately.
PART BB
Section 1. Subdivisions 1 and 3 of section 592 of the labor law, as
amended by chapter 20 of the laws of 2020, are amended to read as
follows:
1. Industrial controversy. (a) The accumulation of benefit rights by a
claimant shall be suspended during a period of [two consecutive weeks]
ONE WEEK beginning with the day after such claimant lost [his or her]
THEIR employment because of a strike or other industrial controversy
except for lockouts, including concerted activity not authorized or
sanctioned by the recognized or certified bargaining agent of the claim-
ant, and other concerted activity conducted in violation of any existing
collective bargaining agreement, in the establishment in which [he or
she] SUCH CLAIMANT was employed, except that benefit rights may be accu-
mulated before the expiration of such [two] ONE week period beginning
with the day after such strike or other industrial controversy was
terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employ-
ee's position. A replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be able
to return to [his or her] SUCH EMPLOYEE'S prior position upon conclusion
of the strike, in the event the strike terminates prior to the conclu-
sion of the employee's eligibility for benefit rights under this chap-
ter. In the event the employer does not permit such return after such
certification, the employee shall be entitled to recover any benefits
lost as a result of the [two] ONE week suspension of benefits, and the
department may impose a penalty upon the employer of up to seven hundred
fifty dollars per employee per week of benefits lost. The penalty
collected shall be paid into the unemployment insurance control fund
established pursuant to section five hundred fifty-two-b of this arti-
cle; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial
controversy that caused [his or her] SUCH CLAIMANT'S unemployment and is
not participating in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy
that caused [his or her] SUCH CLAIMANT'S unemployment and is not partic-
ipating in the industrial controversy.
3. Terms of suspension. No waiting period may be served during a
suspension period.
The suspension of accumulation of benefit rights shall not be termi-
nated by subsequent employment of the claimant irrespective of when the
claim is filed except as provided in subdivision one OF THIS SECTION and
shall not be confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven
consecutive calendar days.
§ 2. This act shall take effect immediately.
PART CC
S. 3006--C 70 A. 3006--C
Section 1. Section 410-y 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-y. Maintenance of effort. 1. Each social services district shall
maintain the amount of local funds spent for child care assistance under
the child care block grant at a level equal to or greater than the
amount the district spent for child care assistance during federal
fiscal year nineteen hundred ninety-five under title IV-A of the federal
social security act, the federal child care development block grant
program and the state low income child care program; PROVIDED HOWEVER, A
SOCIAL SERVICES DISTRICT FOR A CITY OF A POPULATION OF A MILLION OR MORE
SHALL SPEND LOCAL FUNDS FOR CHILD CARE ASSISTANCE AT AN AMOUNT NO LESS
THAN THREE HUNDRED TWENTY-EIGHT MILLION DOLLARS.
2. If the state fails to meet the level of state and local child care
funding necessary to maintain the federal matching funds for child care
assistance available under title IV-a of the federal social security
act, the state shall withhold funding from those social services
districts which spent a lower amount of local funds for child care
assistance than the amount [they spent during federal fiscal year nine-
teen hundred ninety-five] REQUIRED BY SUBDIVISION ONE OF THIS SECTION,
based on a formula established in department regulations, equal to the
amount of the matching funds which have been lost.
§ 2. This act shall take effect October 1, 2025.
PART DD
Section 1. The penal law is amended by adding a new section 205.35 to
read as follows:
§ 205.35 EVADING ARREST BY CONCEALMENT OF IDENTITY.
A PERSON IS GUILTY OF EVADING ARREST BY CONCEALMENT OF IDENTITY WHEN,
IN THE COURSE OF THE COMMISSION OF A FELONY OR CLASS A MISDEMEANOR OR IN
THE IMMEDIATE FLIGHT THEREFROM, SUCH PERSON WEARS A MASK OR FACIAL
COVERING OR OTHERWISE OBSCURES THEIR FACE, COMPLETELY OR PARTIALLY, FOR
NO LEGITIMATE PURPOSE WITH THE INTENT TO PREVENT THEIR IDENTIFICATION,
APPREHENSION, OR ARREST FOR SUCH CRIME.
EVADING ARREST BY CONCEALMENT OF IDENTITY IS A CLASS B MISDEMEANOR.
§ 2. This shall take effect on the thirtieth day after it shall have
become a law.
PART EE
Section 1. Subparagraph (iv) of paragraph (d) of subdivision 1 of
section 803 of the correction law, as separately amended by chapters 242
and 322 of the laws of 2021, is amended to read as follows:
(iv) Such merit time allowance may be granted when an incarcerated
individual successfully participates in the work and treatment program
assigned pursuant to section eight hundred five of this article and when
such incarcerated individual obtains a general equivalency diploma, an
alcohol and substance abuse treatment certificate, a vocational trade
certificate following at least six months of vocational programming, at
least eighteen credits in a program registered by the state education
department from a degree-granting higher education institution or
performs at least four hundred hours of service as part of a community
work crew. THE COMMISSIONER MAY DESIGNATE ADDITIONAL PROGRAMS AND
ACHIEVEMENTS FOR WHICH MERIT TIME MAY BE GRANTED.
S. 3006--C 71 A. 3006--C
Such allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an incar-
cerated individual, commenced or continued a civil action, proceeding or
claim that was found to be frivolous as defined in subdivision (c) of
section eight thousand three hundred three-a of the civil practice law
and rules, or an order of a federal court pursuant to rule 11 of the
federal rules of civil procedure imposing sanctions in an action
commenced by a person, while an incarcerated individual, against a state
agency, officer or employee.
§ 2. Subparagraph (xii) of paragraph (c) of subdivision 1 of section
803-b of the correction law, as amended by chapter 322 of the laws of
2021, is amended and a new subparagraph (xiii) is added to read as
follows:
(xii) receives a certificate from the food production center in an
assigned position following the completion of no less than eight hundred
hours of work in such position, and continues to work for an additional
eighteen months at the food production center[.]; OR
(XIII) SUCCESSFULLY COMPLETES A PROGRAM OF NOT LESS THAN EIGHTEEN
MONTHS AS ESTABLISHED BY THE COMMISSIONER.
§ 3. This act shall take effect on the one hundred twentieth day
after it shall have become a law and shall apply to offenses committed
prior to, on or after the effective date of this act; provided that the
amendments to section 803 of the correction law made by section one of
this act shall be subject to the expiration and reversion of such
section pursuant to subdivision d of section 74 of chapter 3 of the laws
of 1995, as amended.
PART FF
Section 1. Definitions. As used in this act:
(a) "Commissioner" shall mean the commissioner of education;
(b) "Department" shall mean the state education department;
(c) "Board of education" or "board" shall mean the board of education
of the Mount Vernon city school district;
(d) "School district" or "district" shall mean the Mount Vernon city
school district;
(e) "Superintendent" shall mean the superintendent of the Mount Vernon
city school district; and
(f) "Relatives" shall mean a Mount Vernon city school district board
member's spouse, domestic partner, child, stepchild, stepparent, or any
person who is a direct descendant of the grandparents of a current board
member or a board member's spouse or domestic partner.
§ 2. Appointment of a monitor. The commissioner shall appoint one
monitor to provide oversight, guidance and technical assistance related
to the educational and fiscal policies, practices, programs and deci-
sions of the school district, the board of education and the superinten-
dent.
(a) The monitor, to the extent practicable, shall have experience in
school district finances and one or more of the following areas:
(i) elementary and secondary education;
(ii) the operation of school districts in New York;
(iii) educating students with disabilities; and
(iv) educating English language learners.
(b) The monitor shall be a non-voting ex-officio member of the board
of education. The monitor shall be an individual who is not a resident,
S. 3006--C 72 A. 3006--C
employee of the school district or relative of a board member of the
school district at the time of their appointment.
(c) The reasonable and necessary expenses incurred by the monitor
while performing their official duties shall be paid by the school
district. Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
§ 3. Meetings. (a) The monitor shall be entitled to attend all meet-
ings of the board, including executive sessions; provided however, such
monitor shall not be considered for purposes of establishing a quorum of
the board. The school district shall fully cooperate with the monitor
including, but not limited to, providing such monitor with access to any
necessary documents and records of the district including access to
electronic information systems, databases and planning documents,
consistent with all applicable state and federal statutes including, but
not limited to, Family Education Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g) and section 2-d of the education law.
(b) The board, in consultation with the monitor, shall adopt a
conflict of interest policy that complies with all existing applicable
laws, rules and regulations that ensures its board members and adminis-
tration act in the school district's best interest and comply with
applicable legal requirements. The conflict of interest policy shall
include, but not be limited to:
(i) a definition of the circumstances that constitute a conflict of
interest;
(ii) procedures for disclosing a conflict of interest to the board;
(iii) a requirement that the person with the conflict of interest not
be present at or participate in board deliberations or votes on the
matter giving rise to such conflict, provided that nothing in this
subdivision shall prohibit the board from requesting that the person
with the conflict of interest present information as background or
answer questions at a board meeting prior to the commencement of delib-
erations or voting relating thereto;
(iv) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
(v) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
§ 4. Public hearings. (a) The monitor shall schedule three public
hearings to be held within sixty days of their appointment, which shall
allow public comment from the district's residents, students, parents,
employees, board members and administration.
(i) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, sections 306, 211-c, and 211-f of the education law.
(ii) The second hearing shall take public comment on the academic
performance of the district.
(iii) The third hearing shall take public comment on the fiscal
performance of the district.
(b) The board of education and the monitor shall consider these public
comments when developing the financial plan and academic improvement
plan under this act.
S. 3006--C 73 A. 3006--C
§ 5. Financial plan. (a) No later than November 1, 2025, the board of
education and the monitor shall develop a proposed financial plan for
the 2025--2026 school year and the four subsequent school years. The
financial plan shall ensure that annual aggregate operating expenses
shall not exceed annual aggregate operating revenues for such school
year and that the major operating funds of the district be balanced in
accordance with generally accepted accounting principles. The financial
plan shall include statements of all estimated revenues, expenditures,
and cash flow projections of the district.
(b) If the board of education and the monitor agree on all the
elements of the proposed financial plan, the board of education shall
conduct a public hearing on the plan and consider the input of the
community. The proposed financial plan shall be made public on the
district's website at least three business days before such public hear-
ing. Once the proposed financial plan has been approved by the board of
education, such plan shall be submitted by the monitor to the commis-
sioner for approval and shall be deemed approved for the purposes of
this act.
(c) If the board of education and the monitor do not agree on all the
elements of the proposed financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including documented
justification for such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's website at
least three business days before such public hearing. After considering
the input of the community, the board may alter the proposed financial
plan and the monitor may alter their requested amendments, and the moni-
tor shall submit the proposed financial plan, their amendments to the
plan, and documentation providing justification for such disagreements
and amendments to the commissioner no later than December 1, 2025. By
January 15, 2026, the commissioner shall approve the proposed plan with
any of the monitor's proposed amendments, or make other modifications,
such commissioner deems appropriate. The board of education shall
provide the commissioner with any information such commissioner requests
to approve such plan within three business days of such request. Upon
the approval of the commissioner, the financial plan shall be deemed
approved for purposes of this act.
§ 6. Academic improvement plan. (a) No later than November 1, 2025,
the board of education and the monitor shall develop an academic
improvement plan for the district's 2025--2026 school year and the four
subsequent school years. The academic improvement plan shall contain a
series of programmatic recommendations designed to improve academic
performance over the period of the plan in those academic areas that the
commissioner deems to be in need of improvement which shall include
addressing the provisions contained in any action plan set forth by the
department.
(b) If the board of education and the monitor agree on all the
elements of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the plan and consider the input
of the community. The proposed academic improvement plan shall be made
public on the district's website at least three business days before
such public hearing. Once the proposed academic improvement plan has
been approved by the board of education, such plan shall be submitted by
the monitor to the commissioner for approval and shall be deemed
approved for the purposes of this act.
S. 3006--C 74 A. 3006--C
(c) If the board of education and the monitor do not agree on all the
elements of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the proposed plan that details
the elements of disagreement between the monitor and the board, includ-
ing documented justification for such disagreements and any requested
amendments from the monitor. The proposed academic improvement plan,
elements of disagreement, and requested amendments shall be made public
on the district's website at least three business days before such
public hearing. After considering the input of the community, the board
may alter the proposed academic improvement plan and the monitor may
alter their requested amendments, and the monitor shall submit the
proposed academic improvement plan, their amendments to the plan, and
documentation providing justification for such disagreements and amend-
ments to the commissioner no later than December 1, 2025. By January 15,
2026, the commissioner shall approve the proposed plan with any of the
monitor's proposed amendments, or make other modifications, such commis-
sioner deems appropriate. The board of education shall provide the
commissioner with any information such commissioner requests to approve
such plan within three business days of such request. Upon the approval
of the commissioner, the academic improvement plan shall be deemed
approved for purposes of this act.
§ 7. Fiscal and operational oversight. (a) The board of education
shall annually submit the school district's proposed budget for the next
succeeding school year to the monitor no later than March first prior to
the school district's annual budget vote. The monitor shall review the
proposed budget to ensure that it is balanced within the context of
revenue and expenditure estimates and mandated programs. The monitor
shall also review the proposed budget to ensure that it, to the greatest
extent possible, is consistent with the district academic improvement
plan and financial plan developed and approved pursuant to this act. The
monitor shall present their findings to the board of education and the
commissioner no later than forty-five days prior to the date scheduled
for the school district's annual budget vote. The commissioner shall
require the board of education to make amendments to the proposed budget
consistent with any recommendations made by the monitor if the commis-
sioner determines such amendments are necessary to comply with the
financial plan and academic improvement plan under this act. The school
district shall make available on the district's website: the initial
proposed budget, the monitor's findings, and the final proposed budget
at least seven days prior to the date of the school district's budget
hearing. In the event of a revote, the board of education, in conjunc-
tion with the monitor, shall develop and submit the school district's
proposed budget for the next succeeding school year to the commissioner
no later than seven days prior to the budget hearing. The board of
education shall provide the commissioner with any information such
commissioner requests in order to make a determination pursuant to this
subdivision within three business days of such request.
(b) The district shall provide quarterly reports to the monitor and
annual reports to the commissioner and board of regents on the academic,
fiscal, and operational status of the school district. In addition, the
monitor shall provide semi-annual reports to the commissioner, board of
regents, the governor, the temporary president of the senate, and the
speaker of the assembly on the academic, fiscal, and operational status
of the school district. Such semi-annual report shall include all the
contracts that the district entered into throughout the year.
S. 3006--C 75 A. 3006--C
(c) The monitor shall have the authority to disapprove travel outside
the state paid for by the district.
(d) The monitor shall work with the district's shared decision-making
committee as defined in 8 NYCRR 100.11 in developing the academic
improvement plan, financial plan, district goals, implementation of
district priorities and budgetary recommendations.
(e) The monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent and the
board of education and among the members of the board of education.
(f) The monitor may recommend, and the board shall consider by vote of
a resolution at the next scheduled meeting of the board, cost saving
measures including, but not limited to, shared service agreements.
§ 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle 14 of the civil service law, if such commissioner deems that such
decision is not aligned with the financial plan, academic improvement
plan, or the school district's budget.
§ 9. The monitor may notify the commissioner and the board in writing
when such monitor deems the district is violating an element of the
financial plan or academic improvement plan under this act. Within twen-
ty days, the commissioner shall determine whether the district is in
violation of any of the elements of the plans highlighted by the monitor
and shall order the district to comply immediately with the plans and
remedy any such violation. The school district shall suspend all actions
related to the potential violation of the financial plan or academic
improvement plan until the commissioner issues a determination.
§ 10. Nothing in this section shall be construed to abrogate the
duties and responsibilities of the school district consistent with
applicable state law and regulations.
§ 11. The Mount Vernon city school district shall be paid on an accel-
erated schedule as follows:
(a) (i) Notwithstanding any other provisions of law, for aid payable
in the school years 2024-2025 through 2053-2054 upon application to the
commissioner of education submitted not sooner than the second Monday in
June of the school year in which such aid is payable and not later than
the Friday following the third Monday in June of the school year in
which such aid is payable, the Mount Vernon city school district shall
be eligible to receive an apportionment pursuant to this section in an
amount equal to the product of up to eight million dollars ($8,000,000)
and the quotient of the positive difference of thirty minus the number
of school years elapsed since the 2024-2025 school year divided by thir-
ty, provided, however, that for the 2024-2025 school year such applica-
tion shall be submitted no later than May 11, 2025.
(ii) Funds apportioned pursuant to this subdivision shall be used for
services and expenses of the Mount Vernon city school district and shall
be applied to support of its educational programs and any liability
incurred by such city school district in carrying out its functions and
responsibilities under the education law.
(b) The claim for an apportionment to be paid to the Mount Vernon city
school district pursuant to subdivision (a) of this section shall be
submitted to the commissioner of education on a form prescribed for such
purpose, and shall be payable upon determination by such commissioner
that the form has been submitted as prescribed and that the school
district has complied with the reporting requirements of this section.
For each school year in which application is made pursuant to subdivi-
sion (a) of this section, such approved amount shall be payable on or
S. 3006--C 76 A. 3006--C
before June thirtieth of such school year upon the audit and warrant of
the state comptroller on vouchers certified or approved by the commis-
sioner of education in the manner prescribed by law from moneys appro-
priated for general support of public schools, provided, however, that
for the 2024-2025 school year such approved amount shall be payable on
or before May 20, 2025.
(c) Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the Mount Vernon city school
district during the base year pursuant to subdivisions (a) and (b) of
this section shall first be deducted from general aid payments due
during the current school year pursuant to subparagraphs (1), (2), (3),
(4) and (5) of paragraph a of subdivision 1 of section 3609-a of the
education law from the fixed fall payments payable pursuant to subpara-
graph (4) of such paragraph, and any remainder to be deducted from the
individualized payments due to the district pursuant to paragraph b of
such subdivision shall be deducted on a chronological basis starting
with the earliest payment due the district.
(d) Notwithstanding any other provisions of law, the sum of payments
made to the Mount Vernon city school district during the base year
pursuant to subdivisions (a) and (b) of this section plus payments made
to such school district during the current year pursuant to section
3609-a of the education law shall be deemed to truly represent all aids
paid to such school district during the current school year pursuant to
such section 3609-a for the purposes of computing any adjustments to
such aids that may occur in a subsequent school year.
(e) (i) On or before the first day of each month beginning in July
2025 and ending in June 2054, the chief fiscal officer and the super-
intendent of schools of the Mount Vernon city school district shall
prepare and submit to the board of education a report of the fiscal
condition of the school district, including but not limited to the most
current available data on fund balances on funds maintained by the
school district and the district's use of the apportionments provided
pursuant to subdivisions (a) and (b) of this section.
(ii) Such monthly report shall be in a format prescribed by the
commissioner of education. The board of education shall either reject
and return the report to the chief fiscal officer and the superintendent
of schools for appropriate revisions and resubmittal or shall approve
the report and submit copies to the commissioner of education and the
state comptroller of such approved report as submitted or resubmitted.
(iii) In the 2024-2025 through 2053-2054 school years, the chief
fiscal officer of the Mount Vernon city school district shall monitor
all budgets and for each budget, shall prepare a quarterly report of
summarized budget data depicting overall trends of actual revenues and
budget expenditures for the entire budget as well as individual line
items. Such report shall compare revenue estimates and appropriations as
set forth in such budget with the actual revenues and expenditures made
to date. All quarterly reports shall be accompanied by a recommendation
from the superintendent of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation of revenue and
underestimation of appropriations. The chief fiscal officer shall also
prepare, as part of such report, a quarterly trial balance of general
ledger accounts in accordance with generally accepted accounting princi-
ples as prescribed by the state comptroller. All reports shall be
completed within sixty days after the end of each quarter and shall be
submitted to the chief fiscal officer and the board of education of the
S. 3006--C 77 A. 3006--C
Mount Vernon city school district, the state division of budget, the
office of the state comptroller, the commissioner of education, the
chair of the assembly ways and means committee and the chair of the
senate finance committee.
§ 12. This act shall take effect immediately, provided, however, that:
(a) sections one through ten of this act shall expire and be deemed
repealed June 30, 2027; and
(b) section eleven of this act shall expire and be deemed repealed
June 30, 2054.
PART GG
Section 1. The general business law is amended by adding a new section
352-eeeee to read as follows:
§ 352-EEEEE. CONVERSIONS TO CONDOMINIUM OWNERSHIP FOR THE PRESERVATION
OF EXPIRING AFFORDABLE HOUSING IN THE CITY OF NEW YORK. 1. AS USED IN
THIS SECTION, THE FOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "ANNUAL UPDATE AMENDMENT". AN ANNUAL UPDATE AMENDMENT IS AN AMEND-
MENT TO THE PRESERVATION PLAN THAT SHALL BE SUBMITTED TO THE ATTORNEY
GENERAL EVERY YEAR THAT A DWELLING UNIT IS UNSOLD, WITH THE FIRST SUCH
ANNUAL UPDATE AMENDMENT DUE WITHIN FORTY-FIVE DAYS OF THE ANNIVERSARY OF
THE ACCEPTANCE OF THE POST-CLOSING AMENDMENT TO THE PRESERVATION PLAN.
AN ANNUAL UPDATE AMENDMENT SHALL SUPPLY THE EVIDENCE, DATA AND INFORMA-
TION REQUIRED IN THIS SECTION, AND SUCH OTHER INFORMATION AS THE ATTOR-
NEY GENERAL'S REGULATIONS SHALL REQUIRE, SO THAT THE ATTORNEY GENERAL IS
SATISFIED THAT THE PRESERVATION PLAN AS AMENDED DISCLOSES THE INFORMA-
TION NECESSARY FOR A REASONABLE INVESTOR TO MAKE THEIR PURCHASE DECISION
AND THAT THE PRESERVATION PLAN IS OTHERWISE COMPLETE, CURRENT AND ACCU-
RATE.
(B) "BONA FIDE PURCHASER". A BONA FIDE PURCHASER IS EITHER (I) A
TENANT IN OCCUPANCY WHO ENTERS INTO A PURCHASE AGREEMENT FOR A DWELLING
UNIT PURSUANT TO THEIR OR ITS EXERCISE OF ONE OF THE RIGHTS ACCORDED TO
TENANTS IN OCCUPANCY IN SUBDIVISION FIVE OF THIS SECTION, OR (II) A BONA
FIDE NON-TENANT PURCHASER.
(C) "BONA FIDE NON-TENANT PURCHASER". A BONA FIDE NON-TENANT PURCHASER
IS A PURCHASER OF A DWELLING UNIT WHO HAS REPRESENTED THAT THEY OR A
MEMBER OR MEMBERS OF THEIR IMMEDIATE FAMILY INTEND TO OCCUPY THE DWELL-
ING UNIT WHEN IT BECOMES VACANT. A BONA FIDE NON-TENANT PURCHASER SHALL
NOT INCLUDE ANY PURCHASER WHO IS AN OFFEROR, THE SELLING AGENT, OR THE
MANAGING AGENT OR IS A PRINCIPAL OF THE OFFEROR, THE SELLING AGENT OR
THE MANAGING AGENT OR IS RELATED TO THE SPONSOR, THE SELLING AGENT OR
THE MANAGING AGENT OR TO ANY PRINCIPAL OF THE SPONSOR OR THE SELLING
AGENT OR THE MANAGING AGENT BY BLOOD, MARRIAGE OR ADOPTION OR AS A BUSI-
NESS ASSOCIATE, AN EMPLOYEE, A SHAREHOLDER OR A LIMITED PARTNER; EXCEPT
THAT SUCH A PURCHASER OTHER THAN THE OFFEROR OR A PRINCIPAL OF THE SPON-
SOR MAY BE INCLUDED AS A BONA FIDE NON-TENANT PURCHASER IF THE OFFEROR
HAS SUBMITTED PROOF SATISFACTORY TO THE DEPARTMENT OF LAW ESTABLISHING
THAT THE PURCHASER IS BONA FIDE.
(D) "COMMERCIALLY REASONABLE GOOD FAITH EFFORT". A COMMERCIALLY
REASONABLE GOOD FAITH EFFORT ON THE PART OF AN OFFEROR OF A PRESERVATION
PLAN SHALL, AT MINIMUM, INCLUDE (I) THE FILING OF AN ANNUAL UPDATE
AMENDMENT TO THE PRESERVATION PLAN; (II) ALL OF THE CONDOMINIUM'S DWELL-
ING UNITS OTHER THAN ANY INCOME-RESTRICTED RENTAL UNITS AS THE UNITS
BEING OFFERED FOR SALE UNDER THE PRESERVATION PLAN, EACH AT AN OFFERING
PRICE THAT IS CONSISTENT WITH COMPARABLE DWELLING UNITS RECENTLY SOLD
S. 3006--C 78 A. 3006--C
WITHIN THE LOCALITY; AND (III) ENTERING INTO A WRITTEN AGREEMENT WITH A
LICENSED REAL ESTATE BROKER OR SELLING AGENT IN CONNECTION WITH THE SALE
OF DWELLING UNITS OFFERED FOR SALE UNDER THE PRESERVATION PLAN. FOR THE
AVOIDANCE OF DOUBT, A COMMERCIALLY REASONABLE GOOD FAITH EFFORT SHALL
NOT REQUIRE AN OFFEROR TO SELL DWELLING UNITS AT A PRICE SUBSTANTIALLY
BELOW THE MARKET-RATE FOR COMPARABLE UNITS RECENTLY SOLD WITHIN THE
LOCALITY, NOR SHALL IT REQUIRE AN OFFEROR TO OFFER FOR SALE DWELLING
UNITS THAT ARE OCCUPIED BY NON-PURCHASING TENANTS.
(E) "CONDOMINIUM". A CONDOMINIUM SHALL ALSO INCLUDE A QUALIFIED LEASE-
HOLD CONDOMINIUM AS DEFINED IN SUBDIVISION TWELVE OF SECTION THREE
HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY LAW.
(F) "CONSUMMATION OF THE PRESERVATION PLAN". CONSUMMATION OF THE PRES-
ERVATION PLAN SHALL REFER TO THE FILING OF THE DECLARATION FOR THE
CONDOMINIUM AND THE FIRST TRANSFER OF TITLE TO AT LEAST ONE PURCHASER
UNDER THE PRESERVATION PLAN FOLLOWING A DECLARATION OF EFFECTIVENESS BY
THE DEPARTMENT OF LAW DECLARING THE PRESERVATION PLAN EFFECTIVE.
(G) "ELIGIBLE DISABLED PERSONS". NON-PURCHASING TENANTS WHO HAVE AN
IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOGICAL OR PSYCHOLOGICAL
CONDITIONS, OTHER THAN ADDICTION TO ALCOHOL, GAMBLING, OR ANY CONTROLLED
SUBSTANCE, WHICH ARE DEMONSTRABLE BY MEDICALLY ACCEPTABLE CLINICAL AND
LABORATORY DIAGNOSTIC TECHNIQUES, AND WHICH ARE EXPECTED TO BE PERMANENT
AND WHICH PREVENT THE TENANT FROM ENGAGING IN ANY SUBSTANTIAL GAINFUL
EMPLOYMENT ON THE DATE THE PRESERVATION PLAN IS SUBMITTED TO THE DEPART-
MENT OF LAW OR ON THE DATE THE ATTORNEY GENERAL HAS ACCEPTED THE PRESER-
VATION PLAN FOR FILING, AND THE SPOUSES OF ANY SUCH TENANTS ON SUCH
DATE, AND WHO HAVE ELECTED, WITHIN SIXTY DAYS OF THE DATE THE PRESERVA-
TION PLAN IS SUBMITTED TO THE DEPARTMENT OF LAW OR ON THE DATE THE
ATTORNEY GENERAL HAS ACCEPTED THE PRESERVATION PLAN FOR FILING, ON FORMS
PROMULGATED BY THE ATTORNEY GENERAL AND PRESENTED TO SUCH TENANTS BY THE
OFFEROR, TO BECOME NON-PURCHASING TENANTS UNDER THE PROVISIONS OF THIS
SECTION; PROVIDED, HOWEVER, THAT IF THE DISABILITY FIRST OCCURS AFTER
ACCEPTANCE OF THE PRESERVATION PLAN FOR FILING, THEN SUCH ELECTION MAY
BE MADE WITHIN SIXTY DAYS FOLLOWING THE ONSET OF SUCH DISABILITY UNLESS
DURING THE PERIOD SUBSEQUENT TO SIXTY DAYS FOLLOWING THE ACCEPTANCE OF
THE PRESERVATION PLAN FOR FILING BUT PRIOR TO SUCH ELECTION, THE OFFEROR
ACCEPTS A WRITTEN AGREEMENT TO PURCHASE THE APARTMENT FROM A BONA FIDE
PURCHASER; AND PROVIDED FURTHER THAT SUCH ELECTION SHALL NOT PRECLUDE
ANY SUCH TENANT FROM SUBSEQUENTLY PURCHASING THE DWELLING UNIT ON THE
TERMS THEN OFFERED TO TENANTS IN OCCUPANCY.
(H) "ELIGIBLE PROJECT". AN ELIGIBLE PROJECT SHALL REFER TO A BUILDING
OR GROUP OF BUILDINGS OR DEVELOPMENT WITH ONE HUNDRED OR MORE DWELLING
UNITS BUILT AFTER NINETEEN HUNDRED NINETY-SIX THAT IS THE SUBJECT OF A
PRESERVATION PLAN UNDER THIS SECTION, WHICH SHALL MEET THE CRITERIA SET
FORTH IN SUBDIVISION TWO OF THIS SECTION. AN ELIGIBLE PROJECT SHALL NOT
INCLUDE ANY BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT OWNED UNDER
ARTICLE TWO, FOUR OR FIVE OF THE PRIVATE HOUSING FINANCE LAW. FOR THE
AVOIDANCE OF DOUBT, NO BUILDING, GROUP OF BUILDINGS OR DEVELOPMENT OTHER
THAN AN ELIGIBLE PROJECT SHALL CONVERT TO CONDOMINIUM STATUS UNDER THIS
SECTION, THE STATUS OF WHICH SHALL BE CONFIRMED BY THE RELEVANT HOUSING
FINANCE AGENCY PRIOR TO THE DATE OF SUBMISSION OF THE PRESERVATION PLAN.
(I) "ELIGIBLE SENIOR CITIZENS". NON-PURCHASING TENANTS WHO ARE SIXTY-
TWO YEARS OF AGE OR OLDER ON THE DATE THE PRESERVATION PLAN IS SUBMITTED
TO THE DEPARTMENT OF LAW OR ON THE DATE THE ATTORNEY GENERAL HAS
ACCEPTED THE PRESERVATION PLAN FOR FILING, AND THE SPOUSES OF ANY SUCH
TENANTS ON SUCH DATE, AND WHO HAVE ELECTED, WITHIN SIXTY DAYS OF THE
DATE THE PRESERVATION PLAN IS SUBMITTED TO THE DEPARTMENT OF LAW OR ON
S. 3006--C 79 A. 3006--C
THE DATE THE ATTORNEY GENERAL HAS ACCEPTED THE PRESERVATION PLAN FOR
FILING, ON FORMS PROMULGATED BY THE ATTORNEY GENERAL AND PRESENTED TO
SUCH TENANTS BY THE OFFEROR, TO BECOME NON-PURCHASING TENANTS UNDER THE
PROVISIONS OF THIS SECTION; PROVIDED THAT SUCH ELECTION SHALL NOT
PRECLUDE ANY SUCH TENANT FROM SUBSEQUENTLY PURCHASING THE DWELLING UNIT
ON THE TERMS THEN OFFERED TO TENANTS IN OCCUPANCY.
(J) "EXTENDED AFFORDABILITY TERM". THE EXTENDED AFFORDABILITY TERM FOR
THE INCOME-RESTRICTED RENTAL UNITS SHALL BE IN PERPETUITY FOR SO LONG AS
THE BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT ARE IN EXISTENCE, AND
SUBJECT TO ANY OBLIGATION TO REBUILD IN THE EVENT OF CONDEMNATION,
DAMAGE OR DESTRUCTION REQUIRED BY THE REGULATORY AGREEMENT WITH THE
RELEVANT HOUSING FINANCE AGENCY.
(K) "INCLUSIONARY HOUSING UNIT". AN INCLUSIONARY HOUSING UNIT IS AN
INCOME-RESTRICTED RENTAL UNIT THAT IS LOCATED WITHIN A BUILDING THAT
RECEIVED AN INCREASE IN THE MAXIMUM PERMITTED FLOOR AREA PURSUANT TO
SECTIONS 23-154 AND 23-90 OF THE ZONING RESOLUTION OR IS LOCATED IN A
MANDATORY INCLUSIONARY HOUSING AREA, AS SUCH SECTIONS MAY BE AMENDED
FROM TIME TO TIME.
(L) "INCLUSIONARY HOUSING DESIGNATED AREA". AN INCLUSIONARY HOUSING
DESIGNATED AREA IS A SPECIFIED AREA IN WHICH THE INCLUSIONARY HOUSING
PROGRAM (ALSO KNOWN AS THE VOLUNTARY INCLUSIONARY HOUSING PROGRAM) IS
APPLICABLE, PURSUANT TO THE REGULATIONS SET FORTH FOR SUCH AREAS IN
SECTION 23-90 OF THE ZONING RESOLUTION, AS SUCH SECTION MAY BE AMENDED
FROM TIME TO TIME. THE LOCATIONS OF INCLUSIONARY HOUSING DESIGNATED
AREAS ARE IDENTIFIED IN EITHER (I) APPENDIX "F" OF THE ZONING RESOLUTION
OR (II) IN A SPECIAL PURPOSE DISTRICT AS DESCRIBED IN SECTION 15-011 OF
THE ZONING RESOLUTION, AS SUCH APPENDIX OR SECTION MAY BE AMENDED FROM
TIME TO TIME.
(M) "INCOME-RESTRICTED RENTAL UNIT". AN INCOME-RESTRICTED RENTAL UNIT
SHALL REFER TO A DWELLING UNIT LOCATED IN A BUILDING OR GROUP OF BUILD-
INGS OR DEVELOPMENT OF AN ELIGIBLE PROJECT THAT IS THE SUBJECT OF A
PRESERVATION PLAN SUBMITTED TO THE ATTORNEY GENERAL PURSUANT TO THIS
SECTION, AND SUCH DWELLING UNIT:
(I) MEETS THE DEFINITION OF A "LOW-INCOME UNIT" AS SUCH TERM IS
DEFINED IN SECTION FORTY-TWO OF THE INTERNAL REVENUE CODE AND IS SUBJECT
TO A REGULATORY AGREEMENT WITH A RELEVANT HOUSING FINANCE AGENCY; OR
(II) MEETS THE DEFINITION OF A "LOW-INCOME UNIT" AS SUCH TERM IS
DEFINED IN SUBDIVISION (D) OF SECTION ONE HUNDRED FORTY-TWO OF THE
INTERNAL REVENUE CODE AND IS SUBJECT TO A REGULATORY AGREEMENT WITH A
RELEVANT HOUSING FINANCE AGENCY; OR
(III) PREVIOUSLY MET THE DEFINITION OF "LOW-INCOME UNIT" PURSUANT TO
SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH, AND NOTWITHSTANDING THE
EXPIRATION OF A REGULATORY AGREEMENT WITH A RELEVANT HOUSING FINANCE
AGENCY, THE OWNER OF SUCH DWELLING UNIT AFFIRMS, UNDER THE PENALTY OF
PERJURY AND PROVIDES OTHER DOCUMENTATION TO THE SATISFACTION OF THE
RELEVANT HOUSING FINANCE AGENCY, THAT IT HAS CONTINUOUSLY OPERATED AND
RENTED THE DWELLING UNIT (A) AS IF IT REMAINED AN INCOME-RESTRICTED
RENTAL UNIT AND (B) AS IF ALL OF THE RESTRICTIONS OF THE EXPIRED REGULA-
TORY AGREEMENT HAD CONTINUOUSLY BEEN EXTENDED OR OTHERWISE REMAINED IN
EFFECT; OR
(IV) IS A DWELLING UNIT LOCATED WITHIN A BUILDING OR GROUP OF BUILD-
INGS OR DEVELOPMENT THAT, IN ACCORDANCE WITH PROVISIONS OF SUBDIVISIONS
ONE THROUGH FIFTEEN OF SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
PROPERTY TAX LAW, THE RELEVANT HOUSING FINANCE AGENCY SHALL HAVE
REQUIRED TO BE A UNIT AFFORDABLE TO FAMILIES OF LOW AND MODERATE INCOME;
S. 3006--C 80 A. 3006--C
(V) IS A DWELLING UNIT THAT IS RENTED TO PERSONS OF LOW INCOME OR
FAMILIES OF LOW INCOME AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO
OF THE PRIVATE HOUSING FINANCE LAW OR AS OTHERWISE REQUIRED BY A FEDER-
AL, STATE, OR LOCAL LAW OR MANDATE; OR
(VI) IS A DWELLING UNIT LOCATED IN A BUILDING, GROUP OF BUILDINGS OR
DEVELOPMENT SUBJECT TO A REGULATORY AGREEMENT DUE TO BOND FINANCING
PROVIDED BY THE RELEVANT HOUSING FINANCE AGENCY THAT REQUIRED DWELLING
UNITS BE AFFORDABLE TO FAMILIES OF LOW OR MODERATE INCOME.
(N) "MANDATORY INCLUSIONARY HOUSING AREA". A MANDATORY INCLUSIONARY
HOUSING AREA IS A SPECIFIED AREA IN WHICH THE INCLUSIONARY HOUSING
PROGRAM IS APPLICABLE, PURSUANT TO THE REGULATIONS SET FORTH FOR SUCH
AREAS IN SECTION 23-90 OF THE ZONING RESOLUTION, AS SUCH SECTION MAY BE
AMENDED FROM TIME TO TIME. THE LOCATIONS OF MANDATORY INCLUSIONARY
HOUSING AREAS ARE IDENTIFIED IN EITHER (I) APPENDIX "F" OF THE ZONING
RESOLUTION OR (II) IN A SPECIAL PURPOSE DISTRICT AS DESCRIBED IN SECTION
15-011 OF THE ZONING RESOLUTION, AS SUCH APPENDIX OR SECTION MAY BE
AMENDED FROM TIME TO TIME.
(O) "NON-PURCHASING TENANT". A PERSON WHO HAS NOT PURCHASED UNDER THE
PRESERVATION PLAN FROM OFFEROR AND WHO IS A TENANT ENTITLED TO
POSSESSION AT THE TIME THE PRESERVATION PLAN IS DECLARED EFFECTIVE OR A
PERSON TO WHOM A DWELLING UNIT IS RENTED FROM OFFEROR AFTER THE PRESER-
VATION PLAN WAS DECLARED EFFECTIVE, WHICH SOLELY FOR PURPOSES OF THIS
SECTION, SHALL INCLUDE ANY PERSON WHO IS A TENANT REGARDLESS OF WHETHER
(I) SUCH PERSON WAS A TENANT ENTITLED TO POSSESSION AT THE TIME THE
PRESERVATION PLAN WAS DECLARED EFFECTIVE, OR (II) SUCH PERSON RENTED A
DWELLING UNIT FROM OFFEROR AFTER THE PRESERVATION PLAN WAS DECLARED
EFFECTIVE. A PERSON WHO SUBLETS A DWELLING UNIT FROM A PURCHASER UNDER
THE PRESERVATION PLAN SHALL NOT BE DEEMED A NON-PURCHASING TENANT. A
TENANT ENTITLED TO POSSESSION OF AN INCOME-RESTRICTED RENTAL UNIT AT THE
TIME THE PRESERVATION PLAN IS DECLARED EFFECTIVE OR A PERSON TO WHOM AN
INCOME-RESTRICTED RENTAL UNIT IS RENTED FROM OFFEROR OR QUALIFIED OWNER
AFTER THE PRESERVATION PLAN IS DECLARED EFFECTIVE IS A NON-PURCHASING
TENANT, NOTWITHSTANDING THAT THE INCOME-RESTRICTED RENTAL UNITS ARE NOT
OFFERED FOR SALE PURSUANT TO SUCH PRESERVATION PLAN.
(P) "POST-CLOSING AMENDMENT". A POST-CLOSING AMENDMENT IS AN AMENDMENT
TO A PRESERVATION PLAN FILED WITH THE ATTORNEY GENERAL CONFIRMING THAT
THE PRESERVATION PLAN HAS BEEN CONSUMMATED. A POST-CLOSING AMENDMENT
MUST BE SUBMITTED TO THE ATTORNEY GENERAL NO MORE THAN FORTY-FIVE DAYS
AFTER THE FIRST CLOSING OF A DWELLING UNIT TO A BONA FIDE PURCHASER
UNDER THE PRESERVATION PLAN.
(Q) "PRESERVATION PLAN". AN OFFERING STATEMENT OR PROSPECTUS SUBMITTED
TO THE DEPARTMENT OF LAW PURSUANT TO THIS SECTION FOR THE CONVERSION OF
A BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT OF AN ELIGIBLE PROJECT
FROM RENTAL STATUS TO CONDOMINIUM OWNERSHIP, WHEREIN THE OFFEROR DOCU-
MENTS THAT IT HAS ENTERED INTO A REGULATORY AGREEMENT WITH A RELEVANT
HOUSING FINANCE AGENCY IN WHICH IT AGREED TO AN EXTENDED AFFORDABILITY
TERM FOR THE INCOME-RESTRICTED RENTAL UNITS WITH A RELEVANT HOUSING
FINANCE AGENCY.
(R) "PURCHASER UNDER THE PRESERVATION PLAN". A PURCHASER UNDER THE
PRESERVATION PLAN IS A PERSON WHO PURCHASES A DWELLING UNIT FROM OFFEROR
PURSUANT TO THE TERMS OF A PRESERVATION PLAN THAT HAS BEEN ACCEPTED FOR
FILING BY THE ATTORNEY GENERAL. A PERSON OR ENTITY THAT ACQUIRES DWELL-
ING UNITS AND ASSUMES CERTAIN OBLIGATIONS OF OFFEROR SHALL NOT BE
CONSIDERED A PURCHASER UNDER THE PRESERVATION PLAN.
(S) "QUALIFIED OWNER". A QUALIFIED OWNER REFERS TO THE ENTITY APPROVED
BY THE RELEVANT HOUSING FINANCE AGENCY ON OR BEFORE THE DATE OF
S. 3006--C 81 A. 3006--C
SUBMISSION OF A PRESERVATION PLAN TO THE DEPARTMENT OF LAW THAT WILL
OWN, OPERATE AND MAINTAIN THE INCOME-RESTRICTED RENTAL UNIT OR UNITS
THAT ARE IN THE BUILDING, GROUP OF BUILDINGS OR DEVELOPMENT THAT ARE THE
SUBJECT OF THE PRESERVATION PLAN. THE ENTITY WHICH IS A QUALIFIED OWNER
SHALL ONLY BE EITHER: (I) A HOUSING DEVELOPMENT FUND COMPANY INCORPO-
RATED PURSUANT TO ARTICLE ELEVEN OF THE PRIVATE FINANCE HOUSING LAW; OR
(II) A COMMUNITY LAND TRUST OR OTHER CHARITABLE CORPORATION ORGANIZED
UNDER THE NOT-FOR-PROFIT CORPORATION LAW THAT HAS AS ITS PRIMARY CHARI-
TABLE PURPOSE THE OWNERSHIP, OPERATION AND MAINTENANCE OF MULTIFAMILY
HOUSING FOR PERSONS AND FAMILIES OF LOW INCOME AS DEFINED BY SUBDIVISION
NINETEEN OF SECTION TWO OF THE PRIVATE FINANCE HOUSING LAW.
(T) "RELEVANT HOUSING FINANCE AGENCY". RELEVANT HOUSING FINANCE AGENCY
SHALL REFER TO A CITY OR STATE AGENCY WITH OVERSIGHT OVER INCOME-RES-
TRICTED RENTAL UNITS PRIOR TO THE DATE OF SUBMISSION OF A PRESERVATION
PLAN. FOR PURPOSES OF THIS SECTION, A RELEVANT HOUSING FINANCE AGENCY
SHALL ALSO REFER TO THE CITY OR STATE AGENCY THAT WILL CONTINUE TO HAVE
OVERSIGHT OF INCOME-RESTRICTED RENTAL UNITS AFTER CONSUMMATION OF THE
PRESERVATION PLAN AND IN ACCORDANCE WITH THE TERMS OF A REGULATORY
AGREEMENT.
(U) "REGULATORY AGREEMENT". A REGULATORY AGREEMENT SHALL REFER TO THE
WRITTEN AGREEMENT WITH A RELEVANT HOUSING FINANCE AGENCY THAT RESTRICTS
THE INCOME AND RENTS OF INCOME-RESTRICTED RENTAL UNITS THAT IS EITHER:
(I) IN EFFECT PRIOR TO THE DATE OF SUBMISSION OF A PRESERVATION PLAN; OR
(II) IN EFFECT AFTER CONSUMMATION OF THE PRESERVATION PLAN. ANY REGULA-
TORY AGREEMENT IN EFFECT AT THE DATE OF THE SUBMISSION OF THE PRESERVA-
TION PLAN SHALL REMAIN IN EFFECT UNTIL THE CONSUMMATION OF THE PRESERVA-
TION PLAN UNLESS OTHERWISE AGREED TO BY THE RELEVANT HOUSING FINANCE
AGENCY. A REGULATORY AGREEMENT THAT SHALL TAKE EFFECT AFTER CONSUMMATION
OF THE PRESERVATION PLAN SHALL REQUIRE THAT AT LEAST TWENTY PERCENT OF
ALL UNITS BE INCOME-RESTRICTED RENTAL UNITS, AND REQUIRE FURTHER THAT
ALL EXISTING INCOME-RESTRICTED RENTAL UNITS, AS OF THE EFFECTIVE DATE OF
THIS ACT, SHALL REMAIN INCOME-RESTRICTED IN PERPETUITY.
(V) "RENT STABILIZATION". RENT STABILIZATION SHALL MEAN, COLLECTIVELY,
THE RENT STABILIZATION LAW OF NINETEEN SIXTY-NINE, AND THE EMERGENCY
TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR TOGETHER WITH ANY OTHER
SUCCESSOR STATUTES THERETO.
(W) "ZONING RESOLUTION". ZONING RESOLUTION SHALL REFER TO THE ZONING
RESOLUTION OF THE CITY OF NEW YORK.
2. THE ATTORNEY GENERAL SHALL REFUSE TO ACCEPT FOR SUBMISSION A PRES-
ERVATION PLAN FOR THE CONVERSION OF A BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT IF THE RELEVANT HOUSING FINANCE AGENCY HAS NOT CONFIRMED IN
WRITING THROUGH THE ISSUANCE OF A LETTER OF SUPPORT AS DESCRIBED IN
SUBDIVISION THREE OF THIS SECTION AND THAT THE PRESERVATION PLAN IS FOR
AN ELIGIBLE PROJECT, WHICH SHALL BE DEFINED AS A BUILDING OR GROUP OF
BUILDINGS OR DEVELOPMENT THAT MEETS THE DEFINITION OF AN ELIGIBLE
PROJECT AND ONE OR MORE OF THE FOLLOWING REQUIREMENTS AS OF THE DATE OF
SUBMISSION OF THE PRESERVATION PLAN:
(A) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT THAT (I) RECEIVES A PARTIAL PROPERTY TAX EXEMPTION PURSUANT
TO SUBDIVISIONS ONE THROUGH FIFTEEN OF SECTION FOUR HUNDRED TWENTY-ONE-A
OF THE REAL PROPERTY TAX LAW, (II) CONTAINS INCOME-RESTRICTED RENTAL
UNITS, AND (III) IS NOT OTHERWISE PROHIBITED BY ANY FEDERAL, STATE, OR
LOCAL LAW, RULE, OR REGULATION OR SUBJECT TO AN EXISTING REGULATORY
AGREEMENT THAT PROHIBITS THE CONVERSION OF THE DWELLING UNITS TO CONDO-
MINIUM OWNERSHIP; OR
S. 3006--C 82 A. 3006--C
(B) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT THAT (I) RECEIVES LOW INCOME HOUSING TAX CREDITS PURSUANT TO
SECTION FORTY-TWO OF THE INTERNAL REVENUE CODE, (II) CONTAINS INCOME-
RESTRICTED RENTAL UNITS, (III) IS NOT SUBJECT TO ANY AGREEMENT PROVIDING
FOR A RIGHT OF FIRST REFUSAL WITH A NOT-FOR-PROFIT CORPORATION UNLESS
EVIDENCE DEEMED SATISFACTORY TO THE DEPARTMENT OF LAW HAS BEEN PROVIDED
THAT SUCH RIGHT OF FIRST REFUSAL HAS EITHER EXPIRED OR THAT SUCH NOT-
FOR-PROFIT DECLINED TO EXERCISE SUCH RIGHT, AND (IV) IS NOT OTHERWISE
PROHIBITED BY ANY FEDERAL, STATE, OR LOCAL LAW, RULE, OR REGULATION OR
SUBJECT TO AN EXISTING REGULATORY AGREEMENT THAT PROHIBITS THE CONVER-
SION OF THE DWELLING UNITS TO CONDOMINIUM OWNERSHIP; OR
(C) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT THAT (I) RECEIVES BOND FINANCING UNDER SUBSECTION (D) OF
SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE, (II)
CONTAINS INCOME-RESTRICTED RENTAL UNITS, AND (III) IS NOT OTHERWISE
PROHIBITED BY ANY FEDERAL, STATE, OR LOCAL LAW, RULE, OR REGULATION OR
SUBJECT TO AN EXISTING REGULATORY AGREEMENT THAT PROHIBITS THE CONVER-
SION OF THE DWELLING UNITS TO CONDOMINIUM OWNERSHIP; OR
(D) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT, THAT (I) CONTAINS ONE OR MORE INCLUSIONARY HOUSING UNITS,
(II) IS NOT OTHERWISE PROHIBITED BY ANY FEDERAL, STATE, OR LOCAL LAW,
RULE, OR REGULATION OR SUBJECT TO AN EXISTING REGULATORY AGREEMENT THAT
PROHIBITS THE CONVERSION OF THE DWELLING UNITS TO CONDOMINIUM OWNERSHIP,
AND (III) CONTAINS A REPRESENTATION THAT AN AGREEMENT HAS BEEN REACHED
WITH THE RELEVANT HOUSING FINANCE AGENCY TO INCREASE THE TOTAL NUMBER OF
INCOME-RESTRICTED RENTAL UNITS IN THE BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT TO THIRTY PERCENT FOR THE EXTENDED AFFORDABILITY TERM UPON
CONSUMMATION OF THE PRESERVATION PLAN; OR
(E) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT THAT (I) CONTAINS EXCLUSIVELY MODERATE INCOME UNITS AS
REQUIRED FOR BOND FINANCING WITH THE RELEVANT HOUSING FINANCE AGENCY,
(II) THE TOTAL NUMBER OF INCOME-RESTRICTED RENTAL UNITS IN THE BUILDING
OR GROUP OF BUILDINGS OR DEVELOPMENT IS LESS THAN TWENTY PERCENT, (III)
IS NOT SUBJECT TO AN EXISTING REGULATORY AGREEMENT THAT PROHIBITS THE
CONVERSION OF THE DWELLING UNITS TO CONDOMINIUM OWNERSHIP, AND (IV)
CONTAINS A REPRESENTATION THAT AN AGREEMENT HAS BEEN REACHED WITH THE
RELEVANT HOUSING FINANCE AGENCY TO INCREASE THE TOTAL NUMBER OF INCOME-
RESTRICTED RENTAL UNITS IN THE BUILDING OR GROUP OF BUILDINGS OR DEVEL-
OPMENT TO AT LEAST TWENTY PERCENT FOR THE EXTENDED AFFORDABILITY TERM
UPON CONSUMMATION OF THE PRESERVATION PLAN.
3. AT THE TIME OF SUBMISSION OF THE PRESERVATION PLAN, THE OFFEROR
SHALL PROVIDE A LETTER OF SUPPORT FROM THE RELEVANT HOUSING FINANCE
AGENCY DEMONSTRATING THAT A REGULATORY AGREEMENT HAS BEEN ENTERED INTO
BETWEEN THE OFFEROR, THE QUALIFIED OWNER, AND THE RELEVANT HOUSING
FINANCE AGENCY REGARDING THE INCOME-RESTRICTED RENTAL UNITS DURING THE
EXTENDED AFFORDABILITY TERM, AND THAT SUCH REGULATORY AGREEMENT WILL,
AMONG OTHER THINGS, REQUIRE THE OFFEROR TO INCLUDE THE FOLLOWING DISCLO-
SURES IN THE PRESERVATION PLAN:
(A) A LIST OF THE PROPOSED INCOME-RESTRICTED RENTAL UNITS;
(B) THE PROPOSED QUALIFIED OWNER OF THE INCOME-RESTRICTED RENTAL
UNITS, WHICH QUALIFIED OWNER SHALL TAKE TITLE TO THE INCOME-RESTRICTED
RENTAL UNITS NO LATER THAN THREE HUNDRED SIXTY-FIVE DAYS FROM THE DATE
OF CONSUMMATION OF THE PRESERVATION PLAN;
(C) THE OPERATING EXPENSES AND REVENUES APPLICABLE TO THE INCOME-RES-
TRICTED RENTAL UNITS, WHICH SHALL BE REFLECTED IN THE UPDATED SCHEDULE A
AND SCHEDULE B FOR THE FIRST YEAR OF OPERATION OF THE CONDOMINIUM, THE
S. 3006--C 83 A. 3006--C
ALLOCATION OF COMMON INTERESTS, PROJECTED COMMON CHARGES, ESTIMATED REAL
ESTATE TAXES, AND RENTS TO BE COLLECTED FROM EACH INCOME-RESTRICTED
RENTAL UNIT, AND THE ALLOCATION OF COMMON EXPENSES UNDER SECTION THREE
HUNDRED THIRTY-NINE-M OF THE REAL PROPERTY LAW, APPLICABLE TO THE
INCOME-RESTRICTED RENTAL UNITS, WHICH SHALL BE USED TO LIMIT CERTAIN
CONDOMINIUM EXPENSES ALLOCABLE TO THE INCOME-RESTRICTED RENTAL UNITS AND
TO COVER ANY SHORTFALL IN THE REVENUE FROM RENT TO COVER THE COSTS OF
OPERATION OF THE INCOME-RESTRICTED RENTAL UNITS;
(D) A DESCRIPTION OF ANY FINANCING ENCUMBERING THE INCOME-RESTRICTED
RENTAL UNITS, AND WHETHER A TAX EXEMPTION OR ABATEMENT IS IN PLACE TO
REDUCE REAL ESTATE TAXES FOR THE INCOME-RESTRICTED RENTAL UNITS;
(E) A DESCRIPTION OF ANY REGULATORY AGREEMENT OR AGREEMENTS TO BE
RECORDED AGAINST THE INCOME-RESTRICTED RENTAL UNITS AND THE TERM THEREOF
AND THE RELEVANT HOUSING FINANCE AGENCY OR AGENCIES WITH SUPERVISORY
OVERSIGHT;
(F) A DESCRIPTION OF THE PROVISIONS OF THE DECLARATION AND BY-LAWS FOR
THE CONDOMINIUM THAT PROVIDES FOR THE SPECIAL ALLOCATION OF COMMON
EXPENSES IN ACCORDANCE WITH SECTION THREE HUNDRED THIRTY-NINE-M OF THE
REAL PROPERTY LAW, AND ANY SPECIFIC REQUIREMENTS SET FORTH IN A REGULA-
TORY AGREEMENT REQUIRING UNIT OWNERS IN THE CONDOMINIUM TO COVER ANY
SHORTFALL IN THE REVENUE FROM RENT TO COVER THE COSTS OF OPERATION OF
THE INCOME-RESTRICTED RENTAL UNITS;
(G) A DESCRIPTION OF THE CONTEMPLATED STRUCTURE OF THE BOARD OF MANAG-
ERS OF THE CONDOMINIUM, INCLUDING SPECIFICALLY AN EXPLANATION AS TO HOW
THE INTERESTS OF THE QUALIFIED OWNER OF THE INCOME-RESTRICTED RENTAL
UNITS ARE TO BE ADEQUATELY REPRESENTED;
(H) A DESCRIPTION OF THE BUILDING-WIDE AMENITIES AND A REPRESENTATION
THAT THE DECLARATION AND BY-LAWS FOR THE CONDOMINIUM SHALL REQUIRE THAT
TENANTS OF THE INCOME-RESTRICTED RENTAL UNITS BE PROVIDED AN OPPORTUNITY
TO USE COMMONLY ACCESSIBLE AMENITIES OF THE CONDOMINIUM AND NOT UNIQUE
TO AN INDIVIDUAL UNIT, INCLUDING BUT NOT LIMITED TO: POOLS, FITNESS
CENTERS, STORAGE SPACES, PARKING, AND ROOFS OR GARDENS ACCESSIBLE ON A
BUILDING-WIDE BASIS, AND THAT THE TENANTS OF THE INCOME-RESTRICTED
RENTAL UNITS MAY ONLY BE CHARGED A NOMINAL AND REASONABLE FEE FOR SUCH
USE, AS APPROVED BY THE RELEVANT HOUSING FINANCE AGENCY IN ACCORDANCE
WITH THE REGULATORY AGREEMENT, AND WHICH SHALL NOT BE TREATED AS RENT
UNDER ANY RENTAL AGREEMENT;
(I) THE NAME, ADDRESS AND CONTACT DETAILS FOR THE RELEVANT HOUSING
FINANCE AGENCY OR AGENCIES WITH SUPERVISORY OVERSIGHT OF THE INCOME-RES-
TRICTED RENTAL UNITS AND THE OCCUPANTS WITHIN;
(J) THAT THE REGULATORY AGREEMENT CONTAINS A PROVISION WHICH REQUIRES
THAT ONCE A VACANCY OCCURS OF AN INCOME-RESTRICTED RENTAL UNIT, AFTER
CONSUMMATION OF THE PRESERVATION PLAN, THEN SAID UNIT SHALL ONLY BE
LEASED TO LOW INCOME HOUSEHOLDS WHOSE ANNUAL HOUSEHOLD INCOME IS NOT
GREATER THAN SIXTY PERCENT OF AREA MEDIAN INCOME AT THE TIME OF THE
INITIAL LEASE, AND SUCH UNIT SHALL BE MARKETED AND LEASED IN COMPLIANCE
WITH THE RELEVANT HOUSING FINANCE AGENCY'S LEASING REQUIREMENTS, WHICH
MAY INCLUDE LEASING THROUGH NEW YORK CITY'S HOUSING CONNECT PORTAL;
(K) A REPRESENTATION BY OFFEROR THAT THE REGULATORY AGREEMENT INCLUDES
AND ACCOUNTS FOR (I) ALL OF THE EXISTING ON-SITE INCOME-RESTRICTED
RENTAL UNITS IN AN EXISTING BUILDING OR GROUP OF BUILDINGS OR DEVELOP-
MENT, OR (II) ALL OF THE INCOME-RESTRICTED RENTAL UNITS ASSOCIATED WITH
AN EXISTING BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT LOCATED ON A
ZONING LOT WHERE ONE OR MORE BUILDINGS WERE SET ASIDE AS AFFORDABLE
HOUSING FOR PURPOSES OF QUALIFYING FOR A PARTIAL PROPERTY TAX EXEMPTION
S. 3006--C 84 A. 3006--C
PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPERTY TAX
LAW;
(L) TO THE EXTENT NOT ALREADY SUBJECT THERETO PRIOR TO THE CONSUM-
MATION OF THE PRESERVATION PLAN, A REPRESENTATION BY OFFEROR THAT THE
REGULATORY AGREEMENT SHALL REQUIRE ALL INCOME-RESTRICTED RENTAL UNITS BE
SUBJECT TO RENT STABILIZATION DURING THE EXTENDED AFFORDABILITY TERM,
AND THAT NO INCOME-RESTRICTED RENTAL UNITS SHALL BE REMOVED FROM RENT
STABILIZATION PURSUANT TO THE EXEMPTION FOR UNITS OWNED AS A CONDOMINIUM
UNDER SECTION 26-504 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
AND
(M) THE RECORDING OF THE CONDOMINIUM DECLARATION AND COMMENCEMENT OF
CONDOMINIUM OPERATIONS DOES NOT MODIFY THE REQUIREMENT UNDER SECTION
FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW THAT ALL RESIDEN-
TIAL RENTAL APARTMENTS ARE SUBJECT TO RENT STABILIZATION.
4. UPON SUBMISSION OF THE PRESERVATION PLAN TO THE DEPARTMENT OF LAW,
EACH TENANT IN OCCUPANCY OF ANY UNIT, INCLUDING BUT NOT LIMITED TO ANY
INCOME-RESTRICTED RENTAL UNIT, IN THE ELIGIBLE PROJECT THAT IS THE
SUBJECT OF SUCH PRESERVATION PLAN SHALL BE PROVIDED WITH A WRITTEN
NOTICE STATING THAT SUCH PRESERVATION PLAN HAS BEEN SUBMITTED TO THE
DEPARTMENT OF LAW. WRITTEN NOTICE TO EACH TENANT IN OCCUPANCY SHALL
CONTAIN OR BE ACCOMPANIED BY:
(A) A COPY OF THE PROPOSED PRESERVATION PLAN THAT HAS BEEN SUBMITTED
TO THE DEPARTMENT OF LAW;
(B) A STATEMENT THAT TENANTS OF THE DWELLING UNITS BEING OFFERED FOR
SALE PURSUANT TO THE PRESERVATION PLAN OR THEIR REPRESENTATIVES MAY
PHYSICALLY INSPECT THE PREMISES AT ANY TIME SUBSEQUENT TO THE SUBMISSION
OF THE PRESERVATION PLAN TO THE DEPARTMENT OF LAW, DURING NORMAL BUSI-
NESS HOURS, UPON WRITTEN REQUEST MADE BY THEM TO THE OFFEROR, PROVIDED
SUCH REPRESENTATIVES ARE REGISTERED ARCHITECTS OR PROFESSIONAL ENGINEERS
LICENSED BY THE OFFICE OF THE PROFESSIONS OF THE EDUCATION DEPARTMENT OF
THE STATE OF NEW YORK; AND
(C) A STATEMENT TO TENANTS OF THE INCOME-RESTRICTED RENTAL UNITS THAT
THE DWELLING UNITS THEY OCCUPY ARE NOT BEING OFFERED FOR SALE, BUT THEIR
TENANCIES SHALL CONTINUE UNDISTURBED DURING AND AFTER THE CONVERSION OF
THE PROPERTY TO CONDOMINIUM OWNERSHIP. THE STATEMENT SHALL ALSO DISCLOSE
THAT ALL INCOME-RESTRICTED RENTAL UNITS SHALL BE SUBJECT TO RENT
STABILIZATION THROUGHOUT THE EXTENDED AFFORDABILITY TERM.
5. THE TENANTS IN OCCUPANCY OF DWELLING UNITS BEING OFFERED FOR SALE
ON THE DATE THE ATTORNEY GENERAL ACCEPTS THE PRESERVATION PLAN FOR
FILING SHALL HAVE THE EXCLUSIVE RIGHT TO PURCHASE THEIR DWELLING UNITS
FOR NINETY DAYS AFTER THE PRESERVATION PLAN HAS BEEN ACCEPTED FOR FILING
BY THE ATTORNEY GENERAL, DURING WHICH TIME THE OFFERING PRICE AVAILABLE
TO THE TENANT IN OCCUPANCY SHALL NOT BE INCREASED AND A TENANT'S DWELL-
ING UNIT SHALL NOT BE SHOWN TO A THIRD PARTY UNLESS SUCH TENANT HAS, IN
WRITING, WAIVED THEIR RIGHT TO PURCHASE. SUBSEQUENT TO THE EXPIRATION OF
SUCH NINETY-DAY PERIOD, A TENANT IN OCCUPANCY OF A DWELLING UNIT WHO HAS
NOT PURCHASED SHALL BE GIVEN THE EXCLUSIVE RIGHT FOR AN ADDITIONAL SIX
MONTHS FROM SAID EXPIRATION DATE TO PURCHASE SAID DWELLING UNIT ON THE
SAME TERMS AND CONDITIONS AS ARE CONTAINED IN ANY EXECUTED CONTRACT TO
PURCHASE SAID DWELLING UNIT ENTERED INTO BY A PURCHASER UNDER THE PRES-
ERVATION PLAN, SUCH EXCLUSIVE RIGHT TO BE EXERCISABLE WITHIN FIFTEEN
DAYS FROM THE DATE OF MAILING BY REGISTERED MAIL OF NOTICE OF THE
EXECUTION OF A CONTRACT OF SALE TOGETHER WITH A COPY OF SAID EXECUTED
PURCHASE AGREEMENT TO SAID TENANT.
6. THE PRESERVATION PLAN SHALL ALSO DISCLOSE THAT THE OFFEROR SHALL:
S. 3006--C 85 A. 3006--C
(A) MARKET AND SELL ALL THE DWELLING UNITS (OTHER THAN THE INCOME-RES-
TRICTED RENTAL UNITS) IN THE BUILDING OR GROUP OF BUILDINGS OR DEVELOP-
MENT, AS EACH SUCH DWELLING UNIT BECOMES VACANT, TO A PURCHASER UNDER
THE PRESERVATION PLAN THROUGH THE USE OF COMMERCIALLY REASONABLE GOOD
FAITH EFFORTS;
(B) FUND THE RESERVE FUND AND DEDICATED CAPITAL FUND IN THE MANNER AND
AMOUNTS AS PROVIDED IN SECTION THREE HUNDRED THIRTY-NINE-MM OF THE REAL
PROPERTY LAW;
(C) FILE AN ANNUAL UPDATE AMENDMENT EVERY YEAR WHICH SHALL INCLUDE AN
UPDATED SCHEDULE A OF ALL DWELLING UNITS BEING OFFERED FOR SALE UNDER
THE PRESERVATION PLAN; AND
(D) EXERCISE COMMERCIALLY REASONABLE GOOD FAITH EFFORTS TO SELL AT
LEAST FIFTY-ONE PERCENT OF THE TOTAL NUMBER OF DWELLING UNITS OFFERED
FOR SALE UNDER THE PRESERVATION PLAN (EXCLUDING ANY INCOME-RESTRICTED
RENTAL UNITS NOT OFFERED FOR SALE) WITHIN FIVE YEARS FROM THE DATE OF
CONSUMMATION OF THE PRESERVATION PLAN.
7. AFTER THE ISSUANCE OF THE LETTER FROM THE ATTORNEY GENERAL STATING
THAT THE PRESERVATION PLAN HAS BEEN ACCEPTED FOR FILING, THE OFFEROR
SHALL, ON THE THIRTIETH, SIXTIETH, EIGHTY-EIGHTH AND NINETIETH DAY AFTER
SUCH DATE AND AT LEAST ONCE EVERY THIRTY DAYS UNTIL THE PRESERVATION
PLAN IS DECLARED EFFECTIVE OR ABANDONED, AS THE CASE MAY BE, AND ON THE
SECOND DAY BEFORE THE EXPIRATION OF ANY EXCLUSIVE PURCHASE PERIOD
PROVIDED IN A SUBSTANTIAL AMENDMENT TO THE PRESERVATION PLAN:
(A) FILE WITH THE ATTORNEY GENERAL A WRITTEN STATEMENT UNDER OATH
SETTING FORTH THE PERCENTAGE OF BONA FIDE TENANTS IN OCCUPANCY OF ALL
DWELLING UNITS IN THE BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT ON
THE DATE THE PRESERVATION PLAN WAS ACCEPTED FOR FILING BY THE ATTORNEY
GENERAL WHO HAVE EXECUTED AND DELIVERED WRITTEN AGREEMENTS TO PURCHASE
UNDER THE PRESERVATION PLAN AS OF THE DATE OF SUCH WRITTEN STATEMENT
UNDER OATH; AND
(B) BEFORE NOON ON THE DAY SUCH STATEMENT IS FILED POST A COPY OF SUCH
WRITTEN STATEMENT UNDER OATH IN A PROMINENT PLACE ACCESSIBLE TO ALL
TENANTS IN EACH BUILDING COVERED BY THE PRESERVATION PLAN.
8. A PRESERVATION PLAN SHALL NOT BE DECLARED EFFECTIVE UNTIL WRITTEN
PURCHASE AGREEMENTS HAVE BEEN EXECUTED AND DELIVERED FOR AT LEAST
FIFTEEN PERCENT OF ALL DWELLING UNITS OFFERED FOR SALE IN THE BUILDING
OR GROUP OF BUILDINGS OR DEVELOPMENT FROM EITHER (A) BONA FIDE TENANTS
WHO WERE IN OCCUPANCY ON THE DATE A LETTER WAS ISSUED BY THE ATTORNEY
GENERAL ACCEPTING THE PRESERVATION PLAN FOR FILING OR (B) BONA FIDE
NON-TENANT PURCHASERS. THE PURCHASE AGREEMENT SHALL BE EXECUTED AND
DELIVERED PURSUANT TO AN OFFERING MADE IN GOOD FAITH WITHOUT FRAUD AND
DISCRIMINATORY REPURCHASE AGREEMENTS OR OTHER DISCRIMINATORY INDUCE-
MENTS. A NEGOTIATED REDUCTION FROM THE ORIGINAL OFFERING PRICE EXTENDED
SHALL NOT, BY ITSELF, BE DEEMED A DISCRIMINATORY INDUCEMENT.
9. THOSE WRITTEN STATEMENTS UNDER OATH THAT THE OFFEROR IS REQUIRED TO
FILE WITH THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION SEVEN OF THIS
SECTION SHALL ALSO INCLUDE:
(A) THE TOTAL NUMBER OF WRITTEN AGREEMENTS TO PURCHASE UNDER THE PRES-
ERVATION PLAN RECEIVED FROM BONA FIDE NON-TENANT PURCHASERS;
(B) THE TOTAL NUMBER OF WRITTEN AGREEMENTS TO PURCHASE UNDER THE PRES-
ERVATION PLAN RECEIVED FROM ALL BONA FIDE TENANTS IN OCCUPANCY;
(C) THE PERCENTAGE OF DWELLING UNITS UNDER CONTRACT, CALCULATED BY
ADDING THE NUMBER OF WRITTEN PURCHASE AGREEMENTS FOR A UNIT THAT WERE
RECEIVED FROM (I) ALL BONA FIDE TENANTS IN OCCUPANCY PLUS (II) ALL BONA
FIDE NON-TENANT PURCHASERS AND THEN DIVIDING THE SUM OF THOSE TWO
S. 3006--C 86 A. 3006--C
NUMBERS BY THE TOTAL NUMBER OF DWELLING UNITS OFFERED FOR SALE UNDER THE
PRESERVATION PLAN;
(D) WHETHER OR NOT THE OFFEROR INTENDS TO CLAIM A CREDIT AGAINST THE
MANDATORY INITIAL CONTRIBUTION THE OFFEROR IS OBLIGATED TO DEPOSIT INTO
THE CONDOMINIUM'S RESERVE FUND PURSUANT TO SUBDIVISION THREE OF SECTION
THREE HUNDRED THIRTY-NINE-MM OF THE REAL PROPERTY LAW FOR THE ACTUAL
COST OF CAPITAL REPLACEMENTS WHICH THE OFFEROR HAS BEGUN AFTER THE PRES-
ERVATION PLAN WAS SUBMITTED FOR FILING TO THE DEPARTMENT OF LAW BUT
BEFORE THE PRESERVATION PLAN IS DECLARED EFFECTIVE, TOGETHER WITH THEIR
ACTUAL OR ESTIMATED COSTS WHICH CREDIT SHALL NOT EXCEED THE ACTUAL COST
OF THE CREDIT;
(E) WHETHER OR NOT THE OFFEROR SHALL BE MAKING ITS RESERVE FUND
CONTRIBUTIONS REQUIRED PURSUANT TO SECTION THREE HUNDRED THIRTY-NINE-MM
EARLIER OR IN AN AMOUNT GREATER THAN REQUIRED; AND
(F) A REPRESENTATION THAT NO PURCHASER COUNTED FOR PURPOSES OF DECLAR-
ING THE PRESERVATION PLAN EFFECTIVE IS THE OFFEROR, THE SELLING AGENT OR
THE MANAGING AGENT, OR IS A PRINCIPAL OF THE OFFEROR, THE SELLING AGENT,
OR THE MANAGING AGENT OR IS RELATED TO ANY PRINCIPAL OF THE OFFEROR, ANY
PRINCIPAL OF THE SELLING AGENT OR ANY PRINCIPAL OF THE MANAGING AGENT BY
BLOOD, MARRIAGE, OR ADOPTION, OR IS AN AFFILIATE, BUSINESS ASSOCIATE, AN
EMPLOYEE, A SHAREHOLDER, A MEMBER, A MANAGER, A DIRECTOR, AN OFFICER, A
LIMITED PARTNER OF THE OFFEROR, SELLING AGENT OR MANAGING AGENT.
10. THE PRESERVATION PLAN SHALL PROVIDE THAT IT WILL BE DEEMED ABAN-
DONED, VOID AND OF NO EFFECT IF IT DOES NOT BECOME EFFECTIVE WITHIN
FIFTEEN MONTHS FROM THE DATE OF ISSUE OF THE LETTER OF THE ATTORNEY
GENERAL STATING THAT THE PRESERVATION PLAN HAS BEEN ACCEPTED FOR FILING
AND, IN THE EVENT OF SUCH ABANDONMENT, NO NEW PLAN, INCLUDING BUT NOT
LIMITED TO A PRESERVATION PLAN, FOR THE CONVERSION OF SUCH BUILDING OR
GROUP OF BUILDINGS OR DEVELOPMENT SHALL BE SUBMITTED TO THE ATTORNEY
GENERAL FOR AT LEAST TWELVE MONTHS AFTER SUCH ABANDONMENT.
11. NO CLOSINGS OF TITLE OF A DWELLING UNIT TO A PURCHASER UNDER THE
PRESERVATION PLAN SHALL TAKE PLACE UNTIL THE ATTORNEY GENERAL SHALL HAVE
ALSO ACCEPTED FOR FILING AN AMENDMENT THAT DECLARES THE PRESERVATION
PLAN EFFECTIVE. WITHIN FORTY-FIVE DAYS OF THE FIRST CLOSING OF TITLE OF
A DWELLING UNIT TO A PURCHASER UNDER THE PRESERVATION PLAN, THE OFFEROR
SHALL SUBMIT TO THE ATTORNEY GENERAL ITS POST-CLOSING AMENDMENT TO THE
PRESERVATION PLAN. THEREAFTER, THE PRESERVATION PLAN SHALL CONTINUALLY
BE UPDATED WITH THE FILING OF AN ANNUAL UPDATE AMENDMENT, NO LATER THAN
THIRTY DAYS FROM THE ANNIVERSARY OF THE DATE THE ATTORNEY GENERAL
ACCEPTED THE POST-CLOSING AMENDMENT FOR FILING. AN OFFEROR OR SUCCESSOR
OFFEROR SHALL ONLY BE RELIEVED OF ITS OBLIGATION TO FILE AN ANNUAL
UPDATE AMENDMENT TO THE PRESERVATION PLAN AFTER THE LAST DWELLING UNIT
OFFERED FOR SALE IS CONVEYED TO A PURCHASER UNDER THE PRESERVATION PLAN.
12. AFTER THE DATE OF ACCEPTANCE FOR FILING OF THE POST-CLOSING AMEND-
MENT, THE OFFEROR OR SUCCESSOR OFFEROR SHALL CONTINUE TO MAKE COMMER-
CIALLY REASONABLE GOOD FAITH EFFORTS TO SELL THE DWELLING UNITS IT OWNS.
13. THE ATTORNEY GENERAL SHALL REFUSE TO ACCEPT FOR FILING AN ANNUAL
UPDATE AMENDMENT TO THE PRESERVATION PLAN UNLESS:
(A) THE ANNUAL UPDATE AMENDMENT DISCLOSES, IN ADDITION TO THE OTHER
DISCLOSURES REQUIRED ELSEWHERE IN THIS SECTION OR THE REGULATIONS OF THE
ATTORNEY GENERAL, THE FOLLOWING DATA AND INFORMATION:
(I) AN ACCOUNTING OF THE DWELLING UNITS SOLD AND CLOSED BY THE OFFEROR
IN THE PRECEDING TWELVE MONTHS, WITH AN INDICATION IF THE DWELLING UNIT
WAS CONVEYED TO A PURCHASER UNDER THE PRESERVATION PLAN OR TO A SUCCES-
SOR OFFEROR;
S. 3006--C 87 A. 3006--C
(II) AN INVENTORY OF THE OFFEROR'S UNSOLD DWELLING UNITS AT THE END OF
THE PRECEDING TWELVE MONTHS, IN FORM AND SUBSTANCE AS SHALL SATISFY THE
ATTORNEY GENERAL; AND
(III) ALL THE INFORMATION, DATA AND LITERATURE PRESENTED BY THE BOARD
OF MANAGERS IN ITS SEMI-ANNUAL REPORTS ON THE STATUS OF THE RESERVE FUND
AS REQUIRED UNDER SUBDIVISION FIVE OF SECTION THREE HUNDRED THIRTY-NINE-
MM OF THE REAL PROPERTY LAW.
(B) THE ANNUAL UPDATE AMENDMENT SHALL BE ACCOMPANIED BY AN AFFIDAVIT
FROM A PRINCIPAL OF THE OFFEROR ATTESTING TO THE FOLLOWING DATA AND
INFORMATION WITH RESPECT TO ALL THE DWELLING UNITS THE OFFEROR THEN
OWNS:
(I) THE DWELLING UNITS' IDENTIFYING INFORMATION AND GENERAL LOCATION;
(II) WHETHER, ON THE DATE OF SUBMISSION OF THE ANNUAL UPDATE AMEND-
MENT, THE UNSOLD DWELLING UNIT IS SUBJECT TO A FULLY EXECUTED PURCHASE
AGREEMENT, AND IF SO, WHETHER THE PURCHASER IS A PURCHASER UNDER THE
PRESERVATION PLAN OR OTHERWISE;
(III) WHETHER, ON THE DATE OF SUBMISSION OF THE ANNUAL UPDATE AMEND-
MENT, THE DWELLING UNIT IS OCCUPIED OR VACANT, AND IF OCCUPIED, AN INDI-
CATION THAT OCCUPANCY IS:
(A) BY A RENT-REGULATED TENANT;
(B) BY A MARKET-RATE TENANT;
(C) A MONTH-TO-MONTH TENANCY;
(D) A TENANCY AT SUFFERANCE; OR
(E) OTHER.
(IV) REGARDLESS OF THE OCCUPANCY STATUS OF A DWELLING UNIT ON THE DATE
OF SUBMISSION OF THE ANNUAL UPDATE AMENDMENT, AN INDICATION IF THE
DWELLING UNIT WAS VACANT FOR MORE THAN ONE OF THE TWELVE PRECEDING
MONTHS. FOR EACH DWELLING UNIT SO INDICATED, THE OFFEROR SHALL ALSO
DISCLOSE:
(A) THE DATE RANGE THAT THE DWELLING UNIT WAS VACANT;
(B) THE DATE RANGE FOR ANY PERIOD OF TIME THAT THE DWELLING UNIT WAS
MARKETED FOR SALE;
(C) DATE OF SALE;
(D) THE DATE THE DWELLING UNIT WAS LEASED BY A TENANT; AND
(E) THE DATE THE LEASE IS SET TO EXPIRE (IF APPLICABLE).
14. NO EVICTION PROCEEDINGS SHALL BE COMMENCED AT ANY TIME AGAINST
NON-PURCHASING TENANTS FOR FAILURE TO PURCHASE OR FOR ANY OTHER REASON
APPLICABLE TO EXPIRATION OF TENANCY; PROVIDED THAT SUCH PROCEEDINGS MAY
BE COMMENCED FOR NON-PAYMENT OF RENT, ILLEGAL USE OR OCCUPANCY OF THE
PREMISES, REFUSAL OF REASONABLE ACCESS TO THE OWNER OR A SIMILAR BREACH
BY THE NON-PURCHASING TENANT OF THEIR OBLIGATIONS TO THE OWNER OF THE
DWELLING UNIT; AND PROVIDED FURTHER THAT AN OWNER OF A UNIT SHALL NOT
COMMENCE AN ACTION TO RECOVER POSSESSION OF A DWELLING UNIT FROM A NON-
PURCHASING TENANT ON THE GROUNDS THAT THEY SEEK THE DWELLING UNIT FOR
THE USE AND OCCUPANCY OF THEMSELF OR THEIR FAMILY'S USE AND OCCUPANCY.
15. NO EVICTION PROCEEDINGS SHALL BE COMMENCED, EXCEPT AS PROVIDED IN
THIS SUBDIVISION, AT ANY TIME AGAINST EITHER ELIGIBLE SENIOR CITIZENS OR
ELIGIBLE DISABLED PERSONS. THE RENTALS OF ELIGIBLE SENIOR CITIZENS AND
ELIGIBLE DISABLED PERSONS WHO RESIDE IN DWELLING UNITS NOT SUBJECT TO
GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCUPANCY AND ELIGIBLE
SENIOR CITIZENS AND ELIGIBLE DISABLED PERSONS WHO RESIDE IN DWELLING
UNITS WITH RESPECT TO WHICH GOVERNMENT REGULATION AS TO RENTALS AND
CONTINUED OCCUPANCY IS ELIMINATED OR BECOMES INAPPLICABLE AFTER THE
PRESERVATION PLAN HAS BEEN ACCEPTED FOR FILING SHALL NOT BE SUBJECT TO
UNCONSCIONABLE INCREASES WHICH, SOLELY FOR THE PURPOSES OF THIS SUBDIVI-
SION, AND NOTWITHSTANDING ANY EXEMPTIONS FOR HOUSING ACCOMMODATIONS
S. 3006--C 88 A. 3006--C
OWNED AS CONDOMINIUMS PROVIDED FOR UNDER SUBDIVISION SEVEN OF SECTION
TWO HUNDRED FOURTEEN OF THE REAL PROPERTY LAW, AND REGARDLESS OF WHETHER
SUCH NON-PURCHASING TENANT HAS A RENT THAT EXCEEDS TWO HUNDRED FORTY-
FIVE PERCENT OF THE FAIR MARKET RENT, ALL RENT INCREASES FOR ELIGIBLE
SENIOR CITIZENS AND ELIGIBLE DISABLED PERSONS SHALL BE CONSIDERED UNCON-
SCIONABLE IF SUCH INCREASES EXCEED THE PERMISSIBLE INCREASES PROVIDED
FOR UNDER THE GOOD CAUSE EVICTION LAW UNDER ARTICLE SIX-A OF THE REAL
PROPERTY LAW; PROVIDED THAT SUCH PROCEEDINGS MAY BE COMMENCED AGAINST
SUCH TENANTS FOR NON-PAYMENT OF RENT, ILLEGAL USE OR OCCUPANCY OF THE
PREMISES, REFUSAL OF REASONABLE ACCESS TO THE OWNER OR A SIMILAR BREACH
BY THE TENANT OF THEIR OBLIGATIONS TO THE OWNER OF THE DWELLING UNIT.
16. ELIGIBLE SENIOR CITIZENS AND ELIGIBLE DISABLED PERSONS WHO RESIDE
IN DWELLING UNITS SUBJECT TO GOVERNMENT REGULATION AS TO RENTALS AND
CONTINUED OCCUPANCY SHALL CONTINUE TO BE SUBJECT THERETO.
17. THE RIGHTS GRANTED UNDER THE PRESERVATION PLAN TO ELIGIBLE SENIOR
CITIZENS AND ELIGIBLE DISABLED PERSONS SHALL NOT BE ABROGATED OR REDUCED
NOTWITHSTANDING ANY EXPIRATION OF, OR AMENDMENT TO, THIS SECTION.
18. ANY OFFEROR WHO DISPUTES THE ELECTION BY A PERSON TO BE AN ELIGI-
BLE SENIOR CITIZEN OR AN ELIGIBLE DISABLED PERSON SHALL APPLY TO THE
ATTORNEY GENERAL WITHIN THIRTY DAYS OF THE RECEIPT OF THE ELECTION FORMS
FOR A DETERMINATION BY THE ATTORNEY GENERAL OF SUCH PERSON'S ELIGIBIL-
ITY. THE ATTORNEY GENERAL SHALL, WITHIN THIRTY DAYS THEREAFTER, ISSUE A
DETERMINATION OF ELIGIBILITY. THE FOREGOING SHALL, IN THE ABSENCE OF
FRAUD, BE THE SOLE METHOD FOR DETERMINING A DISPUTE AS TO WHETHER A
PERSON IS AN ELIGIBLE SENIOR CITIZEN OR AN ELIGIBLE DISABLED PERSON. THE
DETERMINATION OF THE ATTORNEY GENERAL SHALL BE REVIEWABLE ONLY THROUGH A
PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES, WHICH PROCEEDING SHALL BE COMMENCED WITHIN THIRTY DAYS AFTER SUCH
DETERMINATION BY THE ATTORNEY GENERAL BECOMES FINAL.
19. NON-PURCHASING TENANTS WHO RESIDE IN DWELLING UNITS SUBJECT TO
GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCUPANCY PRIOR TO THE
CONVERSION OF THE BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT TO
CONDOMINIUM OWNERSHIP SHALL CONTINUE TO BE SUBJECT THERETO.
20. THE RENTALS OF NON-PURCHASING TENANTS WHO RESIDE IN DWELLING UNITS
NOT SUBJECT TO GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCU-
PANCY AND NON-PURCHASING TENANTS WHO RESIDE IN DWELLING UNITS WITH
RESPECT TO WHICH GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCU-
PANCY IS ELIMINATED OR BECOMES INAPPLICABLE AFTER THE PRESERVATION PLAN
HAS BEEN ACCEPTED FOR FILING BY THE ATTORNEY GENERAL SHALL NOT BE
SUBJECT TO UNCONSCIONABLE INCREASES WHICH, SOLELY FOR THE PURPOSES OF
THIS SUBDIVISION, AND NOTWITHSTANDING ANY EXEMPTIONS FOR HOUSING ACCOM-
MODATIONS OWNED AS CONDOMINIUMS PROVIDED FOR UNDER SUBDIVISION SEVEN OF
SECTION TWO HUNDRED FOURTEEN OF THE REAL PROPERTY LAW, IN THE EVENT THE
RENT OF A NON-PURCHASING TENANT SHALL BE LESS THAN TWO HUNDRED FORTY-
FIVE PERCENT OF THE FAIR MARKET RENT, THEN SUCH INCREASES FOR SUCH NON-
PURCHASING TENANT SHALL BE GOVERNED BY ARTICLE SIX-A OF THE REAL PROPER-
TY LAW.
21. THE RIGHTS GRANTED UNDER THE PRESERVATION PLAN TO PURCHASERS UNDER
THE PRESERVATION PLAN AND TO NON-PURCHASING TENANTS SHALL NOT BE ABRO-
GATED OR REDUCED NOTWITHSTANDING ANY EXPIRATION OF, OR AMENDMENT TO,
THIS SECTION.
22. ANY LOCAL LEGISLATIVE BODY MAY ADOPT LOCAL LAWS AND ANY AGENCY,
OFFICER OR PUBLIC BODY MAY PRESCRIBE RULES AND REGULATIONS WITH RESPECT
TO THE CONTINUED OCCUPANCY BY TENANTS OF DWELLING UNITS WHICH ARE
SUBJECT TO REGULATION AS TO RENTALS AND CONTINUED OCCUPANCY PURSUANT TO
LAW, PROVIDED THAT IN THE EVENT THAT ANY SUCH LOCAL LAW, RULE OR REGU-
S. 3006--C 89 A. 3006--C
LATION SHALL BE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION, THE
PROVISIONS OF THIS SECTION SHALL CONTROL.
23. THE ATTORNEY GENERAL SHALL REFUSE TO ACCEPT FOR FILING A PRESERVA-
TION PLAN WHEN THE ATTORNEY GENERAL DETERMINES: (A) THAT ONE OR MORE OF
THE INCOME-RESTRICTED RENTAL UNITS WITHIN THE BUILDING, GROUP OF BUILD-
INGS OR DEVELOPMENT WAS VACANT ON THE DATE OF SUBMISSION; OR (B) OF THE
DWELLING UNITS THAT ARE NOT INCOME-RESTRICTED RENTAL UNITS, AN EXCESSIVE
NUMBER OF LONG-TERM VACANCIES EXISTED ON THE DATE THAT THE PRESERVATION
PLAN WAS FIRST SUBMITTED TO THE DEPARTMENT OF LAW. FOR PURPOSES OF THIS
SUBDIVISION, "LONG-TERM VACANCIES" SHALL MEAN DWELLING UNITS NOT LEASED
OR OCCUPIED BY BONA FIDE TENANTS FOR MORE THAN FIVE MONTHS PRIOR TO THE
DATE OF SUCH SUBMISSION TO THE DEPARTMENT OF LAW; AND "EXCESSIVE" SHALL
MEAN A VACANCY RATE IN EXCESS OF THE GREATER OF (I) TEN PERCENT AND (II)
A PERCENTAGE THAT IS DOUBLE THE NORMAL AVERAGE VACANCY RATE FOR THE
BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT FOR TWO YEARS PRIOR TO THE
JANUARY PRECEDING THE DATE THE PRESERVATION PLAN WAS FIRST SUBMITTED TO
THE DEPARTMENT OF LAW.
24. ALL DWELLING UNITS OCCUPIED BY NON-PURCHASING TENANTS SHALL BE
MANAGED BY THE SAME MANAGING AGENT WHO MANAGES ALL OTHER DWELLING UNITS
IN THE BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT. SUCH MANAGING
AGENT SHALL PROVIDE TO NON-PURCHASING TENANTS ALL SERVICES AND FACILI-
TIES REQUIRED BY LAW ON A NON-DISCRIMINATORY BASIS. THE OFFEROR SHALL
GUARANTEE THE OBLIGATION OF THE MANAGING AGENT TO PROVIDE ALL SUCH
SERVICES AND FACILITIES UNTIL SUCH TIME AS THE OFFEROR SURRENDERS
CONTROL OF THE BOARD OF MANAGERS, AT WHICH TIME THE BOARD OF MANAGERS OF
THE CONDOMINIUM SHALL ASSUME RESPONSIBILITY FOR THE PROVISION OF ALL
SERVICES AND FACILITIES REQUIRED BY LAW ON A NON-DISCRIMINATORY BASIS.
SUCH MANAGING AGENT SHALL ALSO ENSURE THAT NON-PURCHASING TENANTS BE
PROVIDED AN OPPORTUNITY TO USE COMMONLY ACCESSIBLE AMENITIES OF THE
CONDOMINIUM AND NOT UNIQUE TO AN INDIVIDUAL UNIT, INCLUDING BUT NOT
LIMITED TO POOLS, FITNESS CENTERS, STORAGE SPACES, PARKING AND ROOFS OR
GARDENS ACCESSIBLE ON A BUILDING-WIDE BASIS, AND THAT THE TENANTS OF THE
INCOME-RESTRICTED RENTAL UNITS MAY ONLY BE CHARGED A NOMINAL AND REASON-
ABLE FEE FOR SUCH USE, AS APPROVED BY THE RELEVANT HOUSING FINANCE AGEN-
CY IN ACCORDANCE WITH THE REGULATORY AGREEMENT, AND WHICH SHALL NOT BE
TREATED AS RENT UNDER ANY RENTAL AGREEMENT.
25. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN ANY COURSE OF
CONDUCT, INCLUDING, BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE
OF ESSENTIAL SERVICES, WHICH SUBSTANTIALLY INTERFERES WITH OR DISTURBS
THE COMFORT, REPOSE, PEACE OR QUIET OF ANY TENANT IN THEIR USE OR OCCU-
PANCY OF THEIR DWELLING UNIT OR THE FACILITIES RELATED THERETO. THE
ATTORNEY GENERAL MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR AN
ORDER RESTRAINING SUCH CONDUCT AND, IF THEY DEEM IT APPROPRIATE, AN
ORDER RESTRAINING THE OWNER FROM SELLING THE DWELLING UNIT ITSELF OR
FROM PROCEEDING WITH THE PRESERVATION PLAN OF CONVERSION; PROVIDED THAT
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO PRECLUDE THE TENANT FROM
APPLYING ON THEIR OWN BEHALF FOR SIMILAR RELIEF.
26. ANY PROVISION OF A LEASE OR OTHER RENTAL AGREEMENT WHICH PURPORTS
TO WAIVE A TENANT'S RIGHTS UNDER THIS SECTION OR RULES AND REGULATIONS
PROMULGATED PURSUANT HERETO SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
27. NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION REGARDING THE
PRESERVATION OF AN INCOME-RESTRICTED RENTAL UNIT OR UNITS AS PERMANENTLY
AFFORDABLE, AND TO THE EXTENT PERMITTED UNDER EXISTING LAW AS IT RELATES
TO THE INCOME-RESTRICTED RENTAL UNIT OR UNITS, THE INCOME-RESTRICTED
RENTAL UNIT OR UNITS IN A BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT
OF AN ELIGIBLE PROJECT MAY BE CONVERTED TO A LIMITED EQUITY HOUSING
S. 3006--C 90 A. 3006--C
COOPERATIVE PURSUANT TO ARTICLE ELEVEN OF THE PRIVATE HOUSING FINANCE
LAW UNDER A SEPARATE OFFERING STATEMENT OR PROSPECTUS, IF THE RELEVANT
HOUSING FINANCE AGENCY ENSURES THAT THE PROPOSED OFFERING STATEMENT OR
PROSPECTUS DISCLOSES THAT THE REGULATORY AGREEMENT PROVIDES AS FOLLOWS:
(A) THE OFFERING PRICES ARE AFFORDABLE TO THE EXISTING TENANTS AND/OR
THE QUALIFIED LOW-INCOME PURCHASERS WHO MEET THE DEFINITION OF PERSONS
OF LOW INCOME OR FAMILIES OF LOW INCOME AS DEFINED BY SUBDIVISION NINE-
TEEN OF SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW;
(B) ANY TENANT OF AN INCOME-RESTRICTED RENTAL UNIT THAT CHOOSES NOT TO
BUY THE INCOME-RESTRICTED RENTAL UNIT SUCH TENANT OCCUPIES SHALL CONTIN-
UE TO BE PROTECTED UNDER RENT STABILIZATION THROUGHOUT THE PROCESS OF
CONVERSION TO A LIMITED EQUITY HOUSING COOPERATIVE AND THEREAFTER, AND
THAT NO EXISTING TENANT OF AN INCOME-RESTRICTED RENTAL UNIT SHALL BE
EVICTED SOLELY DUE TO SUCH TENANT'S DECISION NOT TO PURCHASE THEIR
INCOME-RESTRICTED RENTAL UNIT;
(C) THE REGULATORY AGREEMENT AND CERTIFICATE OF INCORPORATION OF THE
LIMITED EQUITY HOUSING COOPERATIVE SHALL ENSURE THAT THE INCOME-RES-
TRICTED RENTAL UNITS CONVERTED TO A LIMITED EQUITY HOUSING COOPERATIVE
SHALL BE RESERVED FOR OCCUPANCY BY PERSONS OF LOW INCOME AND FAMILIES OF
LOW INCOME IN PERPETUITY;
(D) THE REGULATORY AGREEMENT AND CERTIFICATE OF INCORPORATION OF THE
LIMITED EQUITY HOUSING COOPERATIVE SHALL ENSURE THAT, NOTWITHSTANDING
THE CREATION OF A SEPARATE CONDOMINIUM, ANY OBLIGATIONS THAT THE NON-IN-
COME-RESTRICTED RENTAL UNIT OWNERS MAY HAVE TO ENSURE THE FINANCIAL
VIABILITY AND DELIVERY OF SERVICES IN A NON-DISCRIMINATORY MANNER, PRIOR
TO THE DATE OF CONVERSION TO A LIMITED EQUITY HOUSING COOPERATIVE, SHALL
NOT BE ABROGATED AND SHALL REMAIN IN FULL FORCE AND EFFECT;
(E) THE RELEVANT HOUSING FINANCE AGENCY SHALL HAVE OVERSIGHT AUTHORITY
OVER THE LIMITED EQUITY HOUSING COOPERATIVE IN THE REGULATORY AGREEMENT,
CONDOMINIUM DECLARATION, CONDOMINIUM BY-LAWS AND CERTIFICATE OF INCORPO-
RATION OF THE LIMITED EQUITY HOUSING COOPERATIVE, INCLUDING THE ABILITY
TO APPOINT A NEW BOARD OF DIRECTORS OF THE LIMITED EQUITY HOUSING COOP-
ERATIVE IN THE EVENT OF A VIOLATION OF A TERM OF, OR AN EVENT OF DEFAULT
BY THE LIMITED EQUITY HOUSING COOPERATIVE UNDER ANY OF ITS GOVERNING
DOCUMENTS, REQUIRING PURCHASERS OF SUCH UNITS TO ATTEND HOMEOWNERSHIP
TRAINING, AND PROVIDING FOR THE PROCEDURES TO SELL THE UNITS UPON VACAN-
CY; AND
(F) THAT THE OWNERSHIP OF THE DEDICATED CAPITAL ACCOUNT BY THE QUALI-
FIED OWNER, AND THE FUNDING OF THE DEDICATED CAPITAL ACCOUNT BY THE
OFFEROR OF THE PRESERVATION PLAN, SHALL EACH BE SUBJECT TO THE OVERSIGHT
AUTHORITY OF THE RELEVANT HOUSING FINANCE AGENCY AS PROVIDED IN SECTION
THREE HUNDRED THIRTY-NINE-MM OF THE REAL PROPERTY LAW.
28. IT SHALL BE UNLAWFUL FOR AN OFFEROR, ITS DESIGNEES AND/OR SUCCES-
SORS TO HAVE OR EXERCISE VOTING CONTROL OF THE CONDOMINIUM'S BOARD OF
MANAGERS FOR MORE THAN NINETY DAYS FROM THE FIFTH ANNIVERSARY DATE OF
THE FIRST CLOSING OF TITLE TO A DWELLING UNIT, OR WHENEVER THE UNSOLD
DWELLING UNITS CONSTITUTE LESS THAN FIFTY PERCENT OF THE COMMON INTER-
ESTS APPURTENANT TO ALL DWELLING UNITS, WHICHEVER IS SOONER.
29. THE ATTORNEY GENERAL MAY, IN THEIR DISCRETION, WAIVE THE REQUIRE-
MENT IN PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION THAT AN OFFEROR
SELL AT LEAST FIFTY-ONE PERCENT OF THE DWELLING UNITS OFFERED FOR SALE
UNDER THE PRESERVATION PLAN WHEN THE OFFEROR PROVIDES PROOF SATISFACTORY
TO THE ATTORNEY GENERAL THAT FIVE YEARS OF COMMERCIALLY REASONABLE GOOD
FAITH EFFORTS DID NOT RESULT IN THE SALE OF FIFTY-ONE PERCENT OF THE
DWELLING UNITS. IF SUCH WAIVER IS GRANTED, THE OFFEROR SHALL BE REQUIRED
TO DISCLOSE THE NEW DATE BY WHICH IT WILL SELL AT LEAST FIFTY-ONE
S. 3006--C 91 A. 3006--C
PERCENT OF THE DWELLING UNITS OFFERED FOR SALE UNDER THE PRESERVATION
PLAN IN ITS SUBSEQUENT ANNUAL UPDATE AMENDMENT. ANY WAIVER GRANTED HERE-
UNDER SHALL NOT ALLEVIATE AN OFFEROR, ITS DESIGNEES AND/OR SUCCESSORS OF
THE OBLIGATION SET FORTH IN SUBDIVISION TWENTY-EIGHT OF THIS SECTION.
30. WITHIN THREE HUNDRED AND SIXTY-FIVE DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, THE ATTORNEY GENERAL SHALL SUBMIT A NOTICE OF PROPOSED
RULEMAKING FOR PUBLICATION IN THE STATE REGISTER WHICH SHALL CONTAIN THE
SUITABLE RULES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
THE AUTHORITY OF THE ATTORNEY GENERAL TO PROMULGATE, ADOPT, PUBLISH,
NOTIFY, REVIEW, AMEND, MODIFY, RECONSIDER, OR RESCIND ANY RULE OR REGU-
LATION AS MAY BE CONFERRED ANYWHERE WITHIN THIS SECTION SHALL COMPLY
WITH THE STATE ADMINISTRATIVE PROCEDURE ACT IN ALL RESPECTS. NOTWITH-
STANDING THE FOREGOING, AN OFFEROR MAY SUBMIT A PRESERVATION PLAN TO THE
DEPARTMENT OF LAW REGARDLESS OF WHETHER THE ATTORNEY GENERAL HAS ADOPTED
SUITABLE RULES TO CARRY OUT THIS SECTION, AND THE DEPARTMENT OF LAW
SHALL NOT RELY ON THE LACK OF RULEMAKING TO REFUSE TO ACCEPT A PRESERVA-
TION PLAN FOR SUBMISSION OR FILING IF OFFEROR HAS OTHERWISE COMPLIED
WITH THE REQUIREMENTS OF THIS SECTION.
31. FOR ANY OFFERING STATEMENT OR PROSPECTUS (INCLUDING, WITHOUT LIMI-
TATION, A PRESERVATION PLAN AND ANY AMENDED FILINGS THERETO), SUBMITTED
TO THE DEPARTMENT OF LAW PURSUANT TO THIS SECTION, THE FILING FEES SET
FORTH IN PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED
FIFTY-TWO-E OF THIS ARTICLE SHALL NOT APPLY. INSTEAD, AN OFFEROR SHALL
TENDER THE FOLLOWING FILING FEE WITH AND FOR ITS SUBMISSION:
(A) SEVEN HUNDRED FIFTY DOLLARS FOR EVERY OFFERING NOT IN EXCESS OF
TWO HUNDRED FIFTY THOUSAND DOLLARS;
(B) FOR EVERY OFFERING IN EXCESS OF TWO HUNDRED FIFTY THOUSAND
DOLLARS, FOUR-TENTHS OF ONE PERCENT OF THE TOTAL AMOUNT OF THE OFFERING
BUT NOT IN EXCESS OF SIXTY THOUSAND DOLLARS, OF WHICH ONE-HALF OF SAID
AMOUNT SHALL BE A NONREFUNDABLE DEPOSIT PAID AT THE TIME OF SUBMITTING
THE PRESERVATION PLAN TO THE DEPARTMENT OF LAW FOR REVIEW AND THE
BALANCE PAYABLE UPON THE ATTORNEY GENERAL'S ISSUANCE OF A LETTER OF
ACCEPTANCE OF THE PRESERVATION PLAN FOR FILING;
(C) SEVEN HUNDRED FIFTY DOLLARS FOR EACH PRICE CHANGE AMENDMENT TO A
PRESERVATION PLAN;
(D) SEVEN HUNDRED FIFTY DOLLARS FOR ANY OTHER AMENDMENT TO A PRESERVA-
TION PLAN; AND
(E) SEVEN HUNDRED FIFTY DOLLARS FOR EACH SUCH APPLICATION, AND AN
ADDITIONAL SEVEN HUNDRED FIFTY DOLLARS FOR EACH AND EVERY AMENDMENT
SUBMITTED IN FURTHERANCE OF SUCH AN APPLICATION TO PERMIT AN OFFEROR TO
SOLICIT PUBLIC INTEREST PRIOR TO THE FILING OF A PRESERVATION PLAN TO
THE DEPARTMENT OF LAW.
32. THE RELEVANT HOUSING FINANCE AGENCY MAY PROMULGATE REGULATIONS,
RULES, AND OTHER GUIDANCE DOCUMENTS NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS SECTION, AS IT DEEMS NECESSARY.
33. THE PROVISIONS OF THIS SECTION SHALL ONLY BE APPLICABLE IN THE
CITY OF NEW YORK.
34. THE ATTORNEY GENERAL SHALL MAKE ANY OFFERING STATEMENT OR PROSPEC-
TUS (INCLUDING, WITHOUT LIMITATION, A PRESERVATION PLAN AND ANY AMENDED
FILINGS THERETO), SUBMITTED PURSUANT TO THIS SECTION AVAILABLE TO THE
PUBLIC IN A SEARCHABLE REPOSITORY ON ITS OFFICIAL INTERNET WEBSITE.
§ 2. Section 339-e of the real property law is amended by adding nine
new subdivisions 1-a, 6-a, 7-a, 8-a, 10-a, 11-a, 12-a, 12-b and 13-a to
read as follows:
1-A. "CAPITAL REPLACEMENT" MEANS A BUILDING-WIDE REPLACEMENT OF A
MAJOR COMPONENT OF ANY OF THE FOLLOWING SYSTEMS:
S. 3006--C 92 A. 3006--C
(A) ELEVATOR;
(B) HEATING, VENTILATION AND AIR CONDITIONING;
(C) ENVIRONMENTAL AND SUSTAINABILITY UPGRADES;
(D) PLUMBING;
(E) WIRING;
(F) WINDOW; OR
(G) A MAJOR STRUCTURAL REPLACEMENT TO THE BUILDING; PROVIDED, HOWEVER,
THAT MAJOR STRUCTURAL REPLACEMENTS MADE TO CURE CODE VIOLATIONS OF
RECORD SHALL NOT BE INCLUDED.
6-A. "CONSUMMATION OF THE PRESERVATION PLAN" MEANS, IN THE CONTEXT OF
A PRESERVATION PLAN FOR THE CONVERSION OF RESIDENTIAL RENTAL PROPERTY TO
CONDOMINIUM OWNERSHIP THAT HAS BEEN ACCEPTED FOR FILING BY THE DEPART-
MENT OF LAW PURSUANT TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THE
GENERAL BUSINESS LAW AND SUBSEQUENTLY AMENDED TO DISCLOSE THAT SAID
PRESERVATION PLAN HAS BEEN DECLARED EFFECTIVE, (I) THE RECORDING OF THE
DECLARATION FOR THE CONDOMINIUM AND (II) THE CLOSING OF TITLE TO A
DWELLING UNIT WITH A PURCHASER UNDER THE PRESERVATION PLAN.
7-A. "INCOME-RESTRICTED RENTAL UNIT", AS USED IN SECTION THREE HUNDRED
THIRTY-NINE-MM OF THIS ARTICLE, MEANS A UNIT THAT ALSO MEETS THE DEFI-
NITION OF "INCOME-RESTRICTED RENTAL UNIT" SET FORTH IN SECTION THREE
HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW.
8-A. "OFFEROR", AS USED IN SECTION THREE HUNDRED THIRTY-NINE-MM OF
THIS ARTICLE, MEANS THE OFFEROR OF A PRESERVATION PLAN TO CONVERT RESI-
DENTIAL RENTAL PROPERTY TO CONDOMINIUM OWNERSHIP PURSUANT TO SECTION
THREE HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW, TOGETHER WITH
THEIR OR ITS NOMINEES, ASSIGNEES AND SUCCESSORS IN INTEREST.
10-A. "PRESERVATION PLAN", AS USED IN SECTION THREE HUNDRED THIRTY-
NINE-MM OF THIS ARTICLE, MEANS AN OFFERING STATEMENT OR PROSPECTUS
SUBMITTED TO THE DEPARTMENT OF LAW PURSUANT TO SECTION THREE HUNDRED
FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW FOR THE CONVERSION OF A
BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT FROM RENTAL STATUS TO
CONDOMINIUM OWNERSHIP, WHEREIN THE OFFEROR DOCUMENTS THAT IT HAS ENTERED
INTO A REGULATORY AGREEMENT WITH A RELEVANT HOUSING FINANCE AGENCY IN
WHICH IT AGREED TO AN EXTENDED AFFORDABILITY TERM FOR THE INCOME-RES-
TRICTED RENTAL UNITS.
11-A. "PURCHASER UNDER THE PRESERVATION PLAN", WHEN USED IN SECTION
THREE HUNDRED THIRTY-NINE-MM OF THIS ARTICLE, MEANS A BONA FIDE PURCHAS-
ER UNDER THE PRESERVATION PLAN SHALL REFER TO A PERSON WHO PURCHASES A
DWELLING UNIT FROM THE OFFEROR PURSUANT TO THE TERMS OF A PRESERVATION
PLAN THAT HAS BEEN ACCEPTED FOR FILING BY THE ATTORNEY GENERAL. A PERSON
OR ENTITY THAT ACQUIRES DWELLING UNITS AND ASSUMES CERTAIN OBLIGATIONS
OF THE OFFEROR SHALL NOT BE CONSIDERED A PURCHASER UNDER THE PRESERVA-
TION PLAN.
12-A. "QUALIFIED OWNER", AS USED IN SECTION THREE HUNDRED THIRTY-NINE-
MM OF THIS ARTICLE, SHALL REFER TO A UNIT OWNER THAT ALSO MEETS THE
DEFINITION OF "QUALIFIED OWNER" AS SET FORTH IN SECTION THREE HUNDRED
FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW.
12-B. "RELEVANT HOUSING FINANCE AGENCY", AS USED IN SECTION THREE
HUNDRED THIRTY-NINE-MM OF THIS ARTICLE, SHALL HAVE THE SAME MEANING AS
SET FORTH IN SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSI-
NESS LAW.
13-A. "TOTAL PRICE", WHEN USED IN SECTION THREE HUNDRED THIRTY-NINE-MM
OF THIS ARTICLE, MEANS THE SUM OF THE COST OF ALL UNITS IN THE OFFERING,
BUT EXCLUDING ANY INCOME-RESTRICTED RENTAL UNITS OWNED OR TO BE TRANS-
FERRED TO A QUALIFIED OWNER, AT THE LAST PRICE WHICH WAS OFFERED TO
S. 3006--C 93 A. 3006--C
TENANTS IN OCCUPANCY PRIOR TO THE EFFECTIVE DATE OF THE PRESERVATION
PLAN REGARDLESS OF THE NUMBER OF SALES MADE.
§ 3. The real property law is amended by adding a new section 339-mm
to read as follows:
§ 339-MM. ESTABLISHMENT OF RESERVE FUND AND DEDICATED CAPITAL FUND FOR
BUILDINGS CONVERTING TO CONDOMINIUM OWNERSHIP UNDER SECTION THREE
HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW. 1. WITHIN THIRTY
DAYS AFTER THE CONSUMMATION OF A PRESERVATION PLAN, THE OFFEROR THEREOF
(AND/OR ITS DESIGNEE OR DESIGNEES AND/OR SUCCESSOR OR SUCCESSORS) SHALL
ESTABLISH AND TRANSFER:
(A) TO THE CONDOMINIUM BOARD OF MANAGERS A RESERVE FUND TO BE USED
EXCLUSIVELY FOR MAKING CAPITAL REPAIRS, REPLACEMENTS AND IMPROVEMENTS
NECESSARY FOR THE HEALTH AND SAFETY OF THE RESIDENTS (INCLUDING RESI-
DENTS OF THE INCOME-RESTRICTED RENTAL UNITS) OF SUCH BUILDING OR GROUP
OF BUILDINGS OR DEVELOPMENT. SUCH RESERVE FUND SHALL BE EXCLUSIVE OF
ANY OTHER FUNDS REQUIRED TO BE RESERVED UNDER THE PRESERVATION PLAN OR
APPLICABLE LAW OR REGULATION OF THE ATTORNEY GENERAL, EXCEPT A FUND FOR
CAPITAL REPAIRS, REPLACEMENTS AND IMPROVEMENTS SUBSTANTIALLY SIMILAR IN
PURPOSE TO AND IN AN AMOUNT NOT LESS THAN THE RESERVE FUND MANDATED BY
THIS SECTION. SUCH RESERVE FUND SHALL ALSO BE EXCLUSIVE OF ANY WORKING
CAPITAL FUND OR DEDICATED CAPITAL FUND AND SHALL NOT BE SUBJECT TO
REDUCTION FOR CLOSING APPORTIONMENTS.
(B) TO THE QUALIFIED OWNER OF THE INCOME-RESTRICTED RENTAL UNITS, AND
SUBJECT TO THE OVERSIGHT OF THE RELEVANT HOUSING FINANCE AGENCY SET
FORTH IN A REGULATORY AGREEMENT, A DEDICATED CAPITAL FUND TO BE USED
EXCLUSIVELY FOR MAKING UNIT REPAIRS, REPLACEMENTS AND IMPROVEMENTS
NECESSARY FOR THE HEALTH AND SAFETY OF THE RESIDENTS OF AN INCOME-RES-
TRICTED RENTAL UNIT OR UNITS OF SUCH BUILDING OR GROUP OF BUILDINGS OR
DEVELOPMENT. SUCH DEDICATED CAPITAL FUND SHALL BE EXCLUSIVE AND SUPPLE-
MENTAL OF ANY OTHER FUNDS REQUIRED TO BE RESERVED UNDER THE PRESERVATION
PLAN OR APPLICABLE LAW OR REGULATION. SUCH DEDICATED CAPITAL FUND SHALL
ALSO BE EXCLUSIVE AND SUPPLEMENTAL OF ANY RESERVE FUND OR WORKING CAPI-
TAL FUND AND SHALL NOT BE SUBJECT TO REDUCTION FOR CLOSING APPORTION-
MENTS. THE DEDICATED CAPITAL FUND SHALL NOT BE USED TOWARDS ANY BUILD-
ING-WIDE CAPITAL REPLACEMENT, AND INSTEAD SHALL BE USED SOLELY FOR UNIT
REPAIRS, REPLACEMENTS AND IMPROVEMENTS OF THE INCOME-RESTRICTED RENTAL
UNITS.
1-A. IN THE EVENT THAT THE FUNDS ARE INSUFFICIENT, UNLESS THE RELEVANT
HOUSING FINANCE AGENCY PROVIDES OTHERWISE, REPAIRS AND CAPITAL IMPROVE-
MENTS NECESSARY FOR THE HEALTH AND SAFETY OF THE RESIDENTS IN ALL COMMON
AREAS AND BUILDING INFRASTRUCTURE SHALL BE AT THE SOLE EXPENSE OF THE
CONDOMINIUM BOARD OF MANAGERS. THE RELEVANT HOUSING FINANCE AGENCY MAY
ESTABLISH PENALTIES FOR FAILURE TO COMPLY WITH LEGAL AND REGULATORY
REQUIREMENTS.
2. (A) SUCH RESERVE FUND SHALL BE ESTABLISHED IN AN AMOUNT EQUAL TO
EITHER (I) THREE PERCENT OF THE TOTAL PRICE OR, (II) (A) THREE PERCENT
OF THE ACTUAL SALES PRICE OF ALL CONDOMINIUM UNITS SOLD BY THE OFFEROR
AT THE TIME THE PRESERVATION PLAN IS DECLARED EFFECTIVE, PROVIDED,
HOWEVER, THAT IF SUCH AMOUNT IS LESS THAN ONE PERCENT OF THE TOTAL
PRICE, THEN THE FUND SHALL BE ESTABLISHED AS A MINIMUM OF ONE PERCENT OF
THE TOTAL PRICE; PLUS (B) SUPPLEMENTAL CONTRIBUTIONS TO BE MADE BY THE
OFFEROR AT A RATE OF THREE PERCENT OF THE ACTUAL SALES PRICE OF CONDO-
MINIUM UNITS FOR EACH UNIT HELD BY THE OFFEROR AND SOLD TO BONA FIDE
PURCHASERS SUBSEQUENT TO THE EFFECTIVE DATE OF THE PRESERVATION PLAN AND
WITHIN FIVE YEARS OF THE CONSUMMATION OF THE PRESERVATION PLAN, NOTWITH-
STANDING THAT THE TOTAL AMOUNT CONTRIBUTED MAY EXCEED THREE PERCENT OF
S. 3006--C 94 A. 3006--C
THE TOTAL PRICE; AND PROVIDED, FURTHER, THAT IF FIVE YEARS FROM THIRTY
DAYS AFTER THE CONSUMMATION OF THE PRESERVATION PLAN THE TOTAL CONTRIB-
UTIONS BY THE OFFEROR TO THE FUND ARE LESS THAN THREE PERCENT OF THE
TOTAL PRICE THE OFFEROR SHALL PAY THE DIFFERENCE BETWEEN THE AMOUNT
CONTRIBUTED AND THREE PERCENT OF THE TOTAL PRICE. SUPPLEMENTAL CONTRIB-
UTIONS SHALL BE MADE WITHIN THIRTY DAYS OF EACH SALE.
(B) SUCH DEDICATED CAPITAL FUND SHALL BE ESTABLISHED IN AN AMOUNT
EQUAL TO ONE-HALF OF ONE PERCENT OF THE TOTAL PRICE, AND SHALL BE TRANS-
FERRED IN FULL WITHIN THIRTY DAYS OF THE DATE OF CONSUMMATION OF THE
PRESERVATION PLAN INTO AN ACCOUNT AT A FINANCIAL INSTITUTION REGULATED
BY THE DEPARTMENT OF FINANCIAL SERVICES OF THE STATE OF NEW YORK THAT
SHALL HAVE BEEN OPENED BY, AND SHALL AT ALL TIMES BE SUBJECT TO THE
OVERSIGHT AUTHORITY OF THE RELEVANT HOUSING FINANCE AGENCY OF THE QUALI-
FIED OWNER OF THE INCOME-RESTRICTED RENTAL UNIT OR UNITS.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, THE CONTRIBUTIONS REQUIRED PURSUANT TO THIS SECTION MAY BE MADE
EARLIER OR IN AN AMOUNT GREATER THAN SO PROVIDED, INCLUDING AS MAY BE
DIRECTED BY THE RELEVANT HOUSING FINANCE AGENCY. AN OFFEROR MAY CLAIM
AND RECEIVE CREDIT AGAINST THE MANDATORY INITIAL CONTRIBUTION TO THE
RESERVE FUND FOR THE ACTUAL COST OF CAPITAL REPLACEMENTS WHICH SUCH
OFFEROR HAS BEGUN AFTER THE PRESERVATION PLAN IS SUBMITTED FOR FILING TO
THE DEPARTMENT OF LAW AND BEFORE THE PRESERVATION PLAN IS DECLARED
EFFECTIVE; PROVIDED, HOWEVER, THAT ANY SUCH REPLACEMENTS SHALL BE SET
FORTH IN THE PRESERVATION PLAN TOGETHER WITH THEIR ACTUAL OR ESTIMATED
COSTS AND FURTHER PROVIDED, THAT SUCH CREDIT SHALL NOT EXCEED THE LESSER
OF THE ACTUAL COST OF THE CAPITAL REPLACEMENTS OR ONE AND A HALF PERCENT
OF THE TOTAL PRICE.
4. THE CONDOMINIUM BOARD OF MANAGERS SHALL REPORT TO UNIT OWNERS AND
THE RELEVANT HOUSING FINANCE AGENCY, AND SHALL MAKE AVAILABLE TO ALL
TENANTS IN EACH BUILDING, ON A SEMI-ANNUAL BASIS WITH RESPECT TO ALL
DEPOSITS INTO AND WITHDRAWALS FROM THE RESERVE FUND MANDATED BY PARA-
GRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
5. THE OFFEROR, NOT LATER THAN THE THIRTIETH DAY FOLLOWING THE ACCEPT-
ANCE OF A PRESERVATION PLAN FOR FILING BY THE DEPARTMENT OF LAW PURSUANT
TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW AND
UNTIL THE CONSUMMATION OF THE PRESERVATION PLAN, SHALL POST AND MAINTAIN
IN A PROMINENT PLACE, ACCESSIBLE TO ALL TENANTS IN EACH BUILDING COVERED
BY THE PRESERVATION PLAN, A LISTING OF ALL VIOLATIONS OF RECORD AGAINST
SUCH BUILDINGS AS DETERMINED BY THE DEPARTMENT OF BUILDINGS OF THE CITY
OF NEW YORK AND THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
OF THE CITY OF NEW YORK. ALL NEWLY ISSUED VIOLATIONS SHALL BE POSTED
WITHIN FORTY-EIGHT HOURS OF THEIR ISSUANCE AND MAINTAINED AS DESCRIBED
IN THIS SUBDIVISION. THE OFFEROR MAY SATISFY THE REQUIREMENTS OF THIS
SECTION BY DESIGNATING AN AGENT ON THE PREMISES WITH WHOM SUCH LISTING
SHALL BE MADE AVAILABLE FOR INSPECTION BY THE TENANTS. ANY PENALTY FOR
FAILURE TO COMPLY WITH A STATE OR LOCAL BUILDING AND HOUSING MAINTENANCE
LAW OR REGULATION SHALL BE PAID BY, AND THE SOLE RESPONSIBILITY OF, THE
CONDOMINIUM BOARD OF MANAGERS.
6. ANY PROVISION PURPORTING TO WAIVE THE PROVISIONS OF THIS SECTION IN
ANY CONTRACT TO PURCHASE, ANY AGREEMENT BETWEEN AN OFFEROR AND A UNIT
PURCHASER, ANY AGREEMENT BETWEEN AN OFFEROR AND THE CONDOMINIUM BOARD OF
MANAGERS CREATED UNDER A PRESERVATION PLAN, ANY AGREEMENT BETWEEN AN
OFFEROR AND THE OWNER OF THE INCOME-RESTRICTED RENTAL UNIT OR UNITS
SHALL BE VOID AS AGAINST PUBLIC POLICY.
7. (A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, ANY PERSON WHO KNOWINGLY VIOLATES OR ASSISTS IN THE VIOLATION OF
S. 3006--C 95 A. 3006--C
ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE
HUNDRED DOLLARS PER DAY PER UNIT FOR EACH DAY THAT A BUILDING IS NOT IN
COMPLIANCE WITH THE PROVISIONS OF SUCH SECTION; PROVIDED, HOWEVER, THAT
SUCH CIVIL PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS PER UNIT.
(B) ANY PERSON WHO VIOLATES OR ASSISTS IN THE VIOLATION OF SUBDIVISION
TWO OF THIS SECTION SHALL ALSO BE SUBJECT TO A CIVIL PENALTY OF ONE
THOUSAND DOLLARS PER DAY FOR EACH DAY THAT THE RESERVE FUND REQUIRED BY
SUBDIVISION TWO OF THIS SECTION IS NOT ESTABLISHED; PROVIDED, HOWEVER,
THAT SUCH CIVIL PENALTY SHALL NOT EXCEED THE AMOUNT REQUIRED TO BE
RESERVED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(C) ANY OTHER ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDIC-
TION THAT MAY BE APPROPRIATE OR NECESSARY FOR THE ENFORCEMENT OF THE
PROVISIONS OF THIS SECTION MAY BE BROUGHT IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK BY THE ATTORNEY GENERAL, INCLUDING ACTIONS TO
SECURE PERMANENT INJUNCTIONS ENJOINING ANY ACTS OR PRACTICES WHICH
CONSTITUTE A VIOLATION OF ANY PROVISION OF THIS SECTION, MANDATING
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION OR FOR SUCH OTHER RELIEF
AS MAY BE APPROPRIATE. IN ANY SUCH ACTION OR PROCEEDING, THE ATTORNEY
GENERAL MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION, OR TO A JUDGE
OR JUSTICE THEREOF, FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY
INJUNCTION ENJOINING AND RESTRAINING ALL PERSONS FROM VIOLATING ANY
PROVISION OF THIS SECTION, MANDATING COMPLIANCE WITH THE PROVISIONS OF
THIS SECTION, OR FOR SUCH OTHER RELIEF AS MAY BE APPROPRIATE, UNTIL THE
HEARING AND DETERMINATION OF SUCH ACTION OR PROCEEDING AND THE ENTRY OF
FINAL JUDGMENT OR ORDER THEREIN. THE COURT, OR JUDGE OR JUSTICE THEREOF,
TO WHOM SUCH APPLICATION IS MADE, IS HEREBY AUTHORIZED TO MAKE ANY OR
ALL OF THE ORDERS SPECIFIED IN THIS PARAGRAPH, AS MAY BE REQUIRED IN
SUCH APPLICATION, WITH NOTICE, AND TO MAKE SUCH OTHER OR FURTHER ORDERS
OR DIRECTIONS AS MAY BE NECESSARY TO RENDER THE SAME EFFECTUAL. NO
UNDERTAKING SHALL BE REQUIRED AS A CONDITION OF THE GRANTING OR ISSUING
OF SUCH ORDER, OR BY REASON THEREOF.
(D) NOTHING CONTAINED IN THIS SECTION SHALL IMPAIR ANY RIGHTS, REME-
DIES OR CAUSES OF ACTION ACCRUED OR ACCRUING TO PURCHASERS OF CONDOMIN-
IUM UNITS WITH REGARD TO THE FUNDING OF THE RESERVE FUND AND CAPITAL
FUND UNDER THIS SECTION.
§ 4. Subdivision 2, subparagraph (i) of paragraph (a) of subdivision
2-a, and paragraphs (a) and (c) of subdivision 7 of section 352-e of the
general business law, subdivision 2 as amended by chapter 1042 of the
laws of 1981, subparagraph (i) of paragraph (a) of subdivision 2-a as
added by chapter 771 of the laws of 1983, paragraph (a) of subdivision 7
as amended by section 1 of part BBB-1 of chapter 57 of the laws of 2008,
and paragraph (c) of subdivision 7 as amended by chapter 637 of the laws
of 1989, are amended to read as follows:
2. Unless otherwise provided by regulation issued by the attorney
general, the offering statement or statements or prospectus required in
subdivision one of this section shall be filed with the department of
law at its office in the city of New York, prior to the public offering
of the security involved. No offer, advertisement or sale of such secu-
rities shall be made in or from the state of New York until the attorney
general has issued to the issuer or other [offerer] OFFEROR a letter
stating that the offering has been filed. The attorney general, not
later than thirty days after the submission of such filing, shall issue
such a letter or, in the alternative, a notification in writing indicat-
ing deficiencies in the offering statement, statements or prospectus;
provided, however, that in the case of a building or group of buildings
to be converted to cooperative or condominium ownership which is occu-
S. 3006--C 96 A. 3006--C
pied in whole or in part for residential purposes AND WHICH IS NOT THE
SUBJECT OF A PRESERVATION PLAN SUBMITTED PURSUANT TO SECTION THREE
HUNDRED FIFTY-TWO-EEEEE OF THIS ARTICLE, such letter or notification
shall be issued in not sooner than four months and not later than six
months from the date of submission of such filing. The attorney general
may also refuse to issue a letter stating that the offering statement or
statements or prospectus has been filed whenever it appears that the
offering statement or statements or prospectus does not clearly set
forth the specific property or properties to be purchased, leased, mort-
gaged, or otherwise to be acquired, financed or the subject of specific
investment with a substantial portion of the offering proceeds.
(i) "Plan". Every offering statement or prospectus submitted to the
department of law for the conversion of a building or group of buildings
or development from residential rental status to cooperative or condo-
minium ownership, other than a plan governed by the provisions of either
section three hundred fifty-two-eee [or], three hundred fifty-two-eeee
OR SECTION THREE HUNDRED FIFTY-TWO-EEEEE of this [chapter] ARTICLE, or a
plan for such conversion pursuant to article two, eight or eleven of the
private housing finance law.
(a) The department of law shall collect the following fees for the
filing of each offering statement or prospectus as described in subdivi-
sion one of this section: seven hundred fifty dollars for every offering
not in excess of two hundred fifty thousand dollars; for every offering
in excess of two hundred fifty thousand dollars, four-tenths of one
percent of the total amount of the offering but not in excess of [thir-
ty] SIXTY thousand dollars of which one-half of said amount shall be a
nonrefundable deposit paid at the time of submitting the offering state-
ment to the department of law for review and the balance payable upon
the issuance of a letter of acceptance for filing said offering state-
ment. The department of law shall, in addition, collect a fee of [two
hundred twenty-five] SEVEN HUNDRED FIFTY dollars for each OTHER amend-
ment to an offering statement. For each application granted by the
department of law, which permits the applicant to solicit public inter-
est or public funds preliminary to the filing of an offering statement
or for the issuance of a "no-filing required" letter AND ANY AMENDMENT
THERETO, the department of law shall collect a fee of [two] SEVEN
hundred [twenty-five] FIFTY dollars. [In the event the sponsor thereaft-
er files an offering statement, the fee paid for the preliminary appli-
cation shall be credited against the balance of the fee due and payable
on filing.] For each application granted pursuant to section three
hundred fifty-two-g of this article, the department of law shall collect
a fee of two-tenths of one percent of the amount of the offering of
securities; however, the minimum fee shall be seven hundred fifty
dollars, and the maximum fee shall be [thirty] SIXTY thousand dollars.
All revenue from that portion of any fee imposed pursuant to this para-
graph, which exceeds twenty thousand dollars FOR OFFERING STATEMENTS,
AND FIVE HUNDRED TWENTY-FIVE DOLLARS FOR ALL OTHER FILINGS, shall be
paid by the department of law to the state comptroller to be deposited
in and credited to the real estate finance bureau fund, established
pursuant to section eighty of the state finance law.
(c) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the department of law shall not collect any fees for the filing of
an offering statement or prospectus or any amended filings thereto as
described in subdivision one of this section whenever: (I) a conversion
of a mobile home park, building or group of buildings or development
from residential rental status to cooperative or condominium ownership
S. 3006--C 97 A. 3006--C
is being made pursuant to article ELEVEN, eighteen, nineteen or twenty
of the private housing finance law; OR (II) THE OFFERING STATEMENT OR
PROSPECTUS OR AMENDMENT THERETO IS SUBMITTED TO THE DEPARTMENT OF LAW
PURSUANT TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THIS ARTICLE. FOR
SUBMISSIONS MADE PURSUANT TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF
THIS ARTICLE, THE DEPARTMENT OF LAW SHALL INSTEAD COLLECT THE FEES SET
FORTH IN SUBDIVISION THIRTY-ONE OF SUCH SECTION. ALL REVENUE FROM THAT
PORTION OF ANY FEE IMPOSED PURSUANT TO SUBDIVISION THIRTY-ONE OF SECTION
THREE HUNDRED FIFTY-TWO-EEEEE OF THIS ARTICLE SHALL BE PAID BY THE
DEPARTMENT OF LAW TO THE STATE COMPTROLLER TO BE DEPOSITED IN AND CRED-
ITED TO THE REAL ESTATE FINANCE BUREAU FUND, ESTABLISHED PURSUANT TO
SECTION EIGHTY OF THE STATE FINANCE LAW.
§ 5. Paragraph (a) of subdivision 1 of section 352-eeee of the general
business law, as amended by section 1 of part N of chapter 36 of the
laws of 2019, is amended to read as follows:
(a) "Plan". Every offering statement or prospectus submitted to the
department of law pursuant to section three hundred fifty-two-e of this
article for the conversion of a building or group of buildings or devel-
opment from residential rental status to cooperative or condominium
ownership or other form of cooperative interest in realty, other than an
offering statement or prospectus for such conversion pursuant to SECTION
THREE HUNDRED FIFTY-TWO-EEEEE OF THIS ARTICLE OR article two, eight or
eleven of the private housing finance law.
§ 6. The opening paragraph of subdivision a of section 26-504 of the
administrative code of the city of New York is amended to read as
follows:
Class A multiple dwellings not owned as a cooperative or as a condo-
minium, except as provided in section three hundred fifty-two-eeee of
the general business law OR AS PROVIDED IN SECTION THREE HUNDRED FIFTY-
TWO-EEEEE OF THE GENERAL BUSINESS LAW, containing six or more dwelling
units which:
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that sections one, two, and three
of this act shall expire and be deemed repealed 6 years after such date;
provided further, that such repeal shall not abrogate any requirements
or responsibilities imposed on offerors or condominium boards of direc-
tors as set forth in such sections, including but not limited to any
such requirements or responsibilities contained in any regulatory agree-
ments entered into pursuant to this act; and provided that the amend-
ments to section 26-504 of chapter 4 of title 26 of the administrative
code of the city of New York made by section six of this act shall
expire on the same date as such law expires and shall not affect the
expiration of such law as provided under section 26-520 of such law.
PART HH
Section 1. The public housing law is amended by adding a new article
14-A to read as follows:
ARTICLE 14-A
HOUSING ACCESS VOUCHER PILOT PROGRAM
SECTION 605. DEFINITIONS.
606. HOUSING ACCESS VOUCHER PILOT PROGRAM.
607. ELIGIBILITY.
608. FUNDING ALLOCATION AND DISTRIBUTION.
609. PAYMENT OF HOUSING VOUCHERS.
610. LEASES AND TENANCY.
S. 3006--C 98 A. 3006--C
611. RENTAL OBLIGATION.
612. MONTHLY ASSISTANCE PAYMENT.
613. INSPECTION OF UNITS.
614. RENT.
615. VACATED UNITS.
616. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR.
617. VERIFICATION OF INCOME.
618. DIVISION OF AN ASSISTED FAMILY.
619. MAINTENANCE OF EFFORT.
620. VOUCHERS STATEWIDE.
621. APPLICABLE CODES.
622. HOUSING CHOICE.
623. ANNUAL REPORTS.
§ 605. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR
PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD-
ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS
(INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION
WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS
RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION AND LACKING A
REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR
DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH
DEFINED AS HOMELESS UNDER 42 U.S.C. § 11302(A); HAVING EXPERIENCED A
LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUSING OR
HAVING EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES
AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH
OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A
DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-
THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE
AGAINST AN INDIVIDUAL OR A FAMILY MEMBER.
2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT
DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO A COURT
ORDER TO VACATE THE PREMISES DUE TO HAZARDOUS CONDITIONS, WHICH MAY
INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND RADON;
HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL
AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE PRIMARY
NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME OF ANOTHER
HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT ALLOW THE
INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM
AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF HOUSING OR HOME-
LESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR FLEEING OR
ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREATENING
S. 3006--C 99 A. 3006--C
CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A FAMILY
MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY
MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFICIENT TO
ESTABLISH ELIGIBILITY.
3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY
PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY THAT
ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
OF THE UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR
REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING
TRUST FUND CORPORATION.
5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
AGENCY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8
LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS VOUCHER
PILOT PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON
BEHALF OF AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION.
IN THE CITY OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
SHALL BE THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
OPMENT, OR THE NEW YORK CITY HOUSING AUTHORITY, OR BOTH.
6. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A
CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN
FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR ANY REMAINING
MEMBERS OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION
TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY,
HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
8. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE
PERSONS.
9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
ANY AMENDMENTS THERETO.
10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
5.611 AND ANY AMENDMENTS THERETO.
11. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON
COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR
COMPARABLE UNASSISTED UNITS IN THE PREMISES.
12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F.
13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR
ADMISSION TO THE HOUSING ACCESS VOUCHER PILOT PROGRAM, WHICH DESCRIBES
SUCH PILOT PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY
THE FAMILY AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER
THE PILOT PROGRAM.
14. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES
THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
S. 3006--C 100 A. 3006--C
FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE
OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
(A) UNDER THE AGE OF EIGHTEEN;
(B) A PERSON WITH A DISABILITY; OR
(C) A FULL-TIME STUDENT.
16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
DREN UNDER THE AGE OF THIRTEEN.
18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
UNITED STATES CENSUS BUREAU.
19. "DISABILITY" MEANS:
(A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE
EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
OR
(B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
(C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
(I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
(II) SUBSTANTIALLY IMPEDES THEIR ABILITY TO LIVE INDEPENDENTLY; AND
(III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE
SUITABLE HOUSING CONDITIONS; OR
(D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
AN INDIVIDUAL THAT:
(I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
OF MENTAL AND PHYSICAL IMPAIRMENTS;
(II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
(III) IS LIKELY TO CONTINUE INDEFINITELY;
(IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
(A) SELF-CARE;
(B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
(C) LEARNING;
(D) MOBILITY;
(E) SELF-DIRECTION;
(F) CAPACITY FOR INDEPENDENT LIVING; OR
(G) ECONOMIC SELF-SUFFICIENCY; AND
(V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED
SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
§ 606. HOUSING ACCESS VOUCHER PILOT PROGRAM. THE COMMISSIONER,
SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT
A FOUR-YEAR PILOT PROGRAM TO PROVIDE RENTAL ASSISTANCE IN THE FORM OF
HOUSING VOUCHERS FOR ELIGIBLE INDIVIDUALS AND FAMILIES WHO ARE HOMELESS
OR WHO FACE AN IMMINENT LOSS OF HOUSING IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE. THE HOUSING TRUST FUND CORPORATION SHALL
ISSUE VOUCHERS PURSUANT TO THIS ARTICLE BEGINNING MARCH FIRST, TWO THOU-
SAND TWENTY-SIX, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND
S. 3006--C 101 A. 3006--C
MAY CONTRACT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO
ADMINISTER ANY ASPECT OF THIS PILOT PROGRAM IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE. THE COMMISSIONER SHALL DESIGNATE AND
CONTRACT WITH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS IN THE STATE
TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVIDUALS AND FAMILIES BEGINNING
MARCH FIRST, TWO THOUSAND TWENTY-SIX AND TO ADMINISTER OTHER ASPECTS OF
THE PILOT PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 607. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS PILOT PROGRAM. INDI-
VIDUALS AND FAMILIES WHO MEET THE STANDARDS SHALL BE ELIGIBLE REGARDLESS
OF IMMIGRATION STATUS. ELIGIBILITY SHALL BE LIMITED TO INDIVIDUALS AND
FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION FROM A
SOCIAL SERVICES PROVIDER SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT
NOT LIMITED TO, HOMELESS SHELTERS TO DETERMINE WHETHER AN APPLICANT
QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PILOT PROGRAM IF
THEY ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME
OF NO MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME, AS DEFINED BY
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
THIS PILOT PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH
ASSISTANCE UNDER THIS PILOT PROGRAM WHEN THIRTY PERCENT OF THE INDIVID-
UAL'S OR FAMILY'S ADJUSTED INCOME IS GREATER THAN OR EQUAL TO THE TOTAL
RENT FOR THE DWELLING UNIT.
3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR
RENTAL ASSISTANCE UNDER THIS PILOT PROGRAM PURSUANT TO SUBDIVISION TWO
OF THIS SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE
FOR A PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF FUNDS
FOR THIS PURPOSE.
4. INCOME ELIGIBILITY SHALL BE VERIFIED PRIOR TO A HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR'S INITIAL DETERMINATION TO PROVIDE RENTAL
ASSISTANCE FOR THIS PILOT PROGRAM AND UPON DETERMINATION OF SUCH ELIGI-
BILITY, AN INDIVIDUAL OR FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR
THE PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO
SUCH RENTAL ASSISTANCE.
5. THE COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR
THE PURPOSE OF DETERMINING AN INDIVIDUAL'S OR FAMILY'S INITIAL AND
CONTINUED ELIGIBILITY FOR THE PILOT PROGRAM.
6. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
§ 608. FUNDING ALLOCATION AND DISTRIBUTION. 1. SUBJECT TO APPROPRI-
ATION, FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER IN EACH COUNTY
EXCEPT FOR THOSE COUNTIES LOCATED WITHIN THE CITY OF NEW YORK, THE
INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN
EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED
ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. FUNDING FOR COUN-
TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY TO
THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE, IN PROPOR-
TION TO THE NUMBER OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE
REST OF THE STATE OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON
DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW YORK AMONG
S. 3006--C 102 A. 3006--C
HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
IN THE CITY OF NEW YORK.
3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
SIONER SHALL HAVE THE DISCRETION TO ESTABLISH FURTHER PRIORITIES AS
APPROPRIATE.
4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
SIONER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
ER PILOT PROGRAM.
§ 609. PAYMENT OF HOUSING VOUCHERS. 1. THE HOUSING VOUCHER SHALL BE
PAID DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE
DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRI-
ATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL
DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT CONTRACT AND THE
METHOD OF PAYMENT. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING
UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS
ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH
ASSISTANCE PAYMENTS ARE TO BE MADE. THE PAYMENT STANDARD SHALL NOT
EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE
FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED. FAIR
MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS
AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH
IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER-
AL REGULATIONS. FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED
NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE
ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
2. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO
SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR OCCUPANCY
OF A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS
NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH DWELL-
ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
§ 610. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT
ENTERED INTO BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND THE
OWNER OF A DWELLING UNIT SHALL PROVIDE:
1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN
THE TENANT AND THE DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
LOCAL ADMINISTRATOR DETERMINES THAT SUCH SHORTER TERM WOULD IMPROVE
HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
UNDER THIS ARTICLE THAT:
(A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
OWNER; AND
(B) CONTAIN TERMS AND CONDITIONS THAT:
(I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
(II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
UNDER THIS ARTICLE;
(C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT OWED, AND IN THE
S. 3006--C 103 A. 3006--C
CASE OF AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO
FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO
SALE SHALL NOT CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY
TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO
THE OWNER IF THE OWNER:
(I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
(II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
(D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION
SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS
ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY
TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
TO THIS ARTICLE;
4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS
DEFINED IN SECTION SIX HUNDRED FIVE OF THIS ARTICLE.
§ 611. RENTAL OBLIGATION. THE MONTHLY RENTAL OBLIGATION FOR AN INDI-
VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUSING
ACCESS VOUCHER PILOT PROGRAM SHALL BE THE GREATER OF:
1. THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR
INDIVIDUAL; OR
2. IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE
ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS
INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING
ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
§ 612. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY
ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE
DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED ELEVEN OF THIS ARTI-
CLE.
2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF
THE PILOT PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENT OF THE
RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE COMMISSIONER. THE
COMMISSIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY
OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR
MARKET RENT.
3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL
AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
HUNDRED TWENTY PERCENT OF THE FAIR MARKET RENT AS DEFINED IN SECTION SIX
HUNDRED FIVE OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE
SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED AS
A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH
THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
FAIR MARKET RENT WAS REDUCED.
S. 3006--C 104 A. 3006--C
§ 613. INSPECTION OF UNITS. INSPECTION OF UNITS SHALL BE CONDUCTED
PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL HOUSING CHOICE
VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF
TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
§ 614. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING
ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING
UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
2. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS
PROVIDED IN SECTION SIX HUNDRED SIXTEEN OF THIS ARTICLE) MAY, AT THE
REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
CLE, ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT
WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
(OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDER-
ATION BY THE INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS
UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER THE RENT
(OR RENT INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) DETERMINES
THAT THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE,
THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY)
SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS
SUBDIVISION WITH RESPECT TO THAT UNIT.
3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL
PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT
SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY
PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE.
§ 615. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT
FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE
PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
§ 616. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS
ARTICLE LEASES A DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING
UNIT) THAT IS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL OR FAMILY UNDER THIS
SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF GENERAL LOCAL
GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER, TO MAKE
INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE
AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF
THIS ARTICLE. THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE
RESPONSIBLE FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS,
SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE.
2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT TO A DWELLING UNIT,
THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
TOR, BY AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR, OR BY A
LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH ADMINIS-
TRATOR (OR AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A
CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A HOUSING ACCESS VOUCHER
LOCAL ADMINISTRATOR FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS-
S. 3006--C 105 A. 3006--C
TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH
THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED
OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY
WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN
ENTITY WHICH OWNS THE UNIT.
§ 617. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA
PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY
INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS
ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE
COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE
OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE
FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI-
LIES TO PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY
INCLUDE, BUT IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPEN-
SATION AND FEDERAL INCOME TAXATION AND DATA RELATING TO BENEFITS MADE
AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD
AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE
UNITED STATES CODE. ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS
SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
OF VERIFYING INCOMES IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS
AND FAMILIES FOR BENEFITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY)
UNDER THIS ARTICLE.
§ 618. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
DIVISION OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT AGREE
AS TO WHICH SUCH INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE
ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS
TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE
ASSISTED:
(A) WHICH OF SUCH INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT
CHILDREN;
(B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER
WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
(C) THE COMPOSITION OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH
FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
(D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF SUCH
FAMILY;
(E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
(F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS.
2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR WILL TERMINATE ASSISTANCE ON THE BASIS OF
FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
§ 619. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO
THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE
ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
S. 3006--C 106 A. 3006--C
FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
LOSS OF HOUSING.
§ 620. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED TEN OF
THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE
EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN
FINDING HOUSING IN THE AREA OF THEIR CHOICE. PROVIDED FURTHER, HOWEVER,
THAT A VOUCHER MUST BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR
WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN THE CITY
OF NEW YORK, FOR NO LESS THAN ONE YEAR BEFORE IT CAN BE USED IN A
DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
THEREOF, IS OR HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
§ 621. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE
HOUSING ACCESS VOUCHER PILOT PROGRAM SHALL COMPLY WITH APPLICABLE STATE
AND LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
§ 622. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOUS-
ING ACCESS VOUCHER PILOT PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING
CHOICE FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE
FAIR HOUSING TO THE EXTENT POSSIBLE UNDER THIS PILOT PROGRAM.
2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER
APPLICABLE JURISDICTION.
§ 623. ANNUAL REPORTS. THE COMMISSIONER SHALL, ON OR BEFORE NOVEMBER
FIRST, TWO THOUSAND TWENTY-SIX AND ANNUALLY THEREAFTER UNTIL THE CONCLU-
SION OF THE PILOT PROGRAM CREATED PURSUANT TO THIS ARTICLE, SUBMIT A
REPORT ON THE IMPLEMENTATION OF THIS ARTICLE IN COUNTIES LOCATED OUTSIDE
OF THE CITY OF NEW YORK TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE
ON HOUSING, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY COMMITTEE ON HOUSING, AND THE CHAIR OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE. THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF
HOUSING PRESERVATION AND DEVELOPMENT, OR THE CHIEF EXECUTIVE OFFICER OF
THE NEW YORK CITY HOUSING AUTHORITY, OR BOTH, SHALL, ON OR BEFORE NOVEM-
BER FIRST, TWO THOUSAND TWENTY-SIX AND ANNUALLY THEREAFTER UNTIL THE
CONCLUSION OF THE PILOT PROGRAM CREATED PURSUANT TO THIS ARTICLE, SUBMIT
A REPORT ON THE IMPLEMENTATION OF THIS ARTICLE IN THE CITY OF NEW YORK
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE ON HOUSING, THE CHAIR OF
THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY COMMITTEE ON
HOUSING, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH
REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING: (I) THE
AMOUNT OF FUNDING ALLOCATED FOR EACH COUNTY OR THE CITY OF NEW YORK FOR
VOUCHERS PURSUANT TO THIS ARTICLE, (II) THE NUMBER OF INDIVIDUALS OR
FAMILIES WHO APPLIED FOR VOUCHERS PURSUANT TO THIS ARTICLE, (III) THE
NUMBER OF INDIVIDUALS OR FAMILIES PLACED ON WAITING LISTS FOR VOUCHERS
PURSUANT TO THIS ARTICLE, IF ANY SUCH WAITING LISTS EXIST, (IV) THE
NUMBER OF INDIVIDUALS OR FAMILIES ISSUED VOUCHERS PURSUANT TO THIS ARTI-
CLE, (V) THE NUMBER OF INDIVIDUALS OR FAMILIES WHO WERE HOMELESS PRIOR
TO RECEIVING A VOUCHER PURSUANT TO THIS ARTICLE, (VI) THE VOUCHER UTILI-
ZATION RATE FOR VOUCHERS PURSUANT TO THIS ARTICLE, (VII) THE MEDIAN
INCOME OF INDIVIDUALS OR FAMILIES ISSUED VOUCHERS PURSUANT TO THIS ARTI-
CLE, (VIII) THE MEDIAN PAYMENT STANDARD PER DWELLING UNIT, INCLUDING THE
MONTHLY ASSISTANCE PAYMENT AND MONTHLY RENT OBLIGATION, FOR VOUCHERS
S. 3006--C 107 A. 3006--C
PURSUANT TO THIS ARTICLE, AND (IX) THE NUMBER OF INDIVIDUALS OR FAMILIES
WHO HAD BEEN ISSUED VOUCHERS PURSUANT TO THIS ARTICLE BUT WHO BECAME NO
LONGER FINANCIALLY ELIGIBLE FOR VOUCHERS PURSUANT TO THIS ARTICLE DURING
THE REPORTING PERIOD.
§ 2. This act shall take effect immediately and shall remain in full
force and effect until May 1, 2030. Any rule, regulation, plan or guid-
ance document necessary for the implementation of this act promulgated
by the commissioner of the division of housing and community renewal
shall apply only to those counties located outside of the city of New
York. The New York city department of housing preservation and develop-
ment and the New York city housing authority, as applicable, shall
promulgate or release rules, regulations, plans or guidance documents as
necessary for the implementation of this act within the city of New
York.
PART II
Section 1. Section 13 of section 2 of chapter 868 of the laws of 1975
constituting the New York state financial emergency act for the city of
New York, as amended by section 2 of part K of chapter 686 of the laws
of 2003, is amended to read as follows:
§ 13. Termination. This act shall terminate on the later of (a) July
first, two thousand [eight] THIRTY-FIVE or (b) the date (i) when all
bonds and notes containing the pledge and agreement authorized by subdi-
vision one of section ten-a of this act are refunded, redeemed,
discharged or otherwise defeased, or (ii) when there shall no longer be
outstanding any guarantee by the United States of America or any agency
or instrumentality thereof as to payment of principal of or interest on
any note or bond issued by the city or a state financing agency, which-
ever of (i) or (ii) shall occur later.
§ 2. This act shall take effect immediately.
PART JJ
Section 1. Article 7 of the public authorities law is amended by
adding a new title 5 to read as follows:
TITLE 5
CITY OF BUFFALO PARKING AUTHORITY
SECTION 1500-A. SHORT TITLE.
1500-B. DEFINITIONS.
1500-C. CITY OF BUFFALO PARKING AUTHORITY.
1500-D. PURPOSE AND POWERS OF THE AUTHORITY.
1500-E. CONVEYANCE OF PROPERTY BY THE CITY TO THE AUTHORITY;
ACQUISITION OF PROPERTY BY THE CITY OR BY THE AUTHORI-
TY.
1500-F. CONSTRUCTION AND PURCHASE CONTRACTS.
1500-G. CONTRACT FOR EMPLOYEES.
1500-H. MONEYS OF THE AUTHORITY.
1500-I. BONDS OR NOTES OF THE AUTHORITY.
1500-J. AGREEMENTS OF NEW YORK STATE.
1500-K. AGREEMENTS OF THE CITY.
1500-L. STATE AND CITY NOT LIABLE ON BONDS.
1500-M. BONDS LEGAL INVESTMENTS FOR PUBLIC OFFICERS.
1500-N. TAX EXEMPTIONS.
1500-O. TAX CONTRACT BY THE STATE.
1500-P. REMEDIES OF BONDHOLDERS.
S. 3006--C 108 A. 3006--C
1500-Q. ACTIONS AGAINST THE AUTHORITY.
1500-R. DEFENSE AND INDEMNIFICATION.
1500-S. CODE OF ETHICS.
1500-T. CONTRACTING FOR MUNICIPAL SERVICES.
1500-U. TERMINATION OF AUTHORITY.
1500-V. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEF-
FECTIVE.
1500-W. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED.
§ 1500-A. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS
THE "CITY OF BUFFALO PARKING AUTHORITY ACT".
§ 1500-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. THE TERM "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION
FIFTEEN HUNDRED-C OF THIS TITLE;
2. THE TERM "CITY" SHALL MEAN THE CITY OF BUFFALO;
3. THE TERM "BONDS" SHALL MEAN THE BONDS, NOTES OR OTHER EVIDENCES OF
INDEBTEDNESS ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE RELATING TO
BONDS AND BONDHOLDERS;
4. THE TERM "BOARD" SHALL MEAN THE MEMBERS OF THE AUTHORITY;
5. THE TERM "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES,
AND INTEREST IN LANDS, AND ANY AND ALL THINGS USUALLY INCLUDED WITHIN
THE SAID TERM, AND INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY
AND ALL LESSER INTEREST, SUCH AS EASEMENTS, RIGHTS OF WAY, USES, LEASES,
LICENSES, AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY ESTATE,
INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS OF YEARS, AND
LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE, AND ALSO
CLAIMS FOR DAMAGE TO REAL ESTATE, IN THE AREA OF THE CITY;
6. THE TERM "PROJECT" SHALL MEAN ANY AREA OR PLACE OPERATED OR TO BE
OPERATED BY THE AUTHORITY FOR THE PARKING OR STORING OF MOTOR AND OTHER
VEHICLES AND SHALL, WITHOUT LIMITING THE FOREGOING, INCLUDE ALL REAL AND
PERSONAL PROPERTY, DRIVEWAYS, ROADS, APPROACHES, STRUCTURES, TERMINALS
OF ALL KINDS, GARAGES, METERS, MECHANICAL EQUIPMENT, AND ALL APPURTE-
NANCES AND FACILITIES ON, ABOVE OR UNDER THE GROUND WHICH ARE USED OR
USABLE IN CONNECTION WITH SUCH PARKING OR STORING OF SUCH VEHICLES IN
THE AREA OF THE CITY OR WHICH FACILITATES ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE;
7. THE TERM "PROJECTS" SHALL MEAN MORE THAN ONE COVERED PROJECTS.
8. THE TERM "COVERED PROJECT" SHALL MEAN A PROJECT LOCATED ON A PUBLIC
PARKING FACILITY OWNED BY THE CITY AT THE TIME THIS TITLE SHALL TAKE
EFFECT.
9. THE TERM "BUFFALO FISCAL STABILITY AUTHORITY" SHALL MEAN THE PUBLIC
BENEFIT CORPORATION ESTABLISHED PURSUANT TO TITLE TWO OF ARTICLE TEN-D
OF THIS CHAPTER.
§ 1500-C. CITY OF BUFFALO PARKING AUTHORITY. 1. A BOARD TO BE KNOWN AS
THE "CITY OF BUFFALO PARKING AUTHORITY" IS HEREBY CREATED. SUCH BOARD
SHALL BE A BODY CORPORATE AND POLITIC, CONSTITUTING A PUBLIC BENEFIT
CORPORATION, AND ITS EXISTENCE SHALL COMMENCE UPON THE APPOINTMENT OF
THE MEMBERS AS HEREIN PROVIDED. IT SHALL CONSIST OF A CHAIR AND FOUR
OTHER MEMBERS, WHO SHALL BE APPOINTED BY THE MAYOR OF THE CITY OF
BUFFALO, WITH THE ADVICE AND CONSENT OF THE CITY OF BUFFALO COMMON COUN-
CIL. THE MAYOR OF THE CITY MAY REMOVE ANY MEMBER OF THE BOARD FOR
NEGLECT OF DUTY OR MISCONDUCT IN OFFICE, GIVING SUCH MEMBER A COPY OF
THE CHARGES AGAINST THEM AND AN OPPORTUNITY OF BEING HEARD IN PERSON, OR
BY COUNSEL, IN THEIR DEFENSE UPON NOT LESS THAN TEN DAYS NOTICE. OF THE
MEMBERS FIRST APPOINTED, ONE SHALL BE APPOINTED FOR A PERIOD OF ONE
YEAR, ONE FOR A PERIOD OF TWO YEARS, ONE FOR A PERIOD OF THREE YEARS,
S. 3006--C 109 A. 3006--C
ONE FOR A PERIOD OF FOUR YEARS, AND ONE FOR A PERIOD OF FIVE YEARS. AT
THE EXPIRATION OF SUCH TERMS, THE TERMS OF OFFICE OF THEIR SUCCESSORS
SHALL BE FIVE YEARS. EACH MEMBER SHALL CONTINUE TO SERVE UNTIL THE
APPOINTMENT AND QUALIFICATION OF A SUCCESSOR. VACANCIES IN SUCH BOARD
OCCURRING OTHERWISE THAN BY THE EXPIRATION OF TERM SHALL BE FILLED FOR
THE UNEXPIRED TERM. THE MEMBERS OF THE BOARD SHALL CHOOSE FROM THEIR
NUMBER A VICE-CHAIR. THE MEMBERS OF THE BOARD SHALL NOT BE COMPENSATED
FOR THEIR SERVICES, HOWEVER, MEMBERS SHALL BE ENTITLED TO REIMBURSEMENT
FOR ANY ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
SUCH MEMBER'S OFFICIAL DUTIES. THE POWERS OF THE AUTHORITY SHALL BE
VESTED IN AND EXERCISED BY A MAJORITY OF THE MEMBERS OF THE BOARD. SUCH
BOARD MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS OR TO ITS OFFICERS,
AGENTS AND EMPLOYEES SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO OFFICER, MEMBER OR
EMPLOYEE OF THE STATE OR OF ANY PUBLIC AUTHORITY SHALL FORFEIT SUCH
OFFICER, MEMBER OR EMPLOYEE'S OFFICE OR EMPLOYMENT BY REASON OF SUCH
ACCEPTANCE OF APPOINTMENT AS A MEMBER, OFFICER OR EMPLOYEE OF THE
AUTHORITY, NOR SHALL SERVICE AS SUCH MEMBER, OFFICER OR EMPLOYEE BE
DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE, MEMBERSHIP OR
EMPLOYMENT.
3. (A) THE MAYOR OF THE CITY SHALL FILE ON OR BEFORE DECEMBER THIRTY-
FIRST OF THE YEAR IN WHICH THIS TITLE SHALL TAKE EFFECT, IN THE OFFICE
OF THE SECRETARY OF STATE, A CERTIFICATE SIGNED BY THE MAYOR SETTING
FORTH:
(I) THE NAME OF THE AUTHORITY;
(II) THE NAMES OF THE MEMBERS OF THE BOARD AND THEIR TERMS OF OFFICE;
AND
(III) THE EFFECTIVE DATE OF THIS TITLE.
(B) IF SUCH CERTIFICATE IS NOT FILED WITH THE SECRETARY OF STATE ON OR
BEFORE SUCH DATE, THEN THE CORPORATE EXISTENCE OF THE AUTHORITY SHALL
THEREUPON TERMINATE AND IT SHALL THEREUPON BE DEEMED TO BE AND SHALL BE
DISSOLVED.
4. THE CITY OF BUFFALO PARKING AUTHORITY SHALL NOT BE AUTHORIZED TO
EXERCISE THE POWERS, DUTIES, AND FUNCTIONS OUTLINED IN THIS ARTICLE
UNTIL ALL INITIAL MEMBERS AND THE INITIAL CHAIR ARE APPOINTED.
§ 1500-D. PURPOSE AND POWERS OF THE AUTHORITY. THE PURPOSE OF THE
AUTHORITY SHALL BE TO AQUIRE, RECONSTRUCT, OPERATE AND MAINTAIN ONE OR
MORE COVERED PROJECTS IN THE CITY. TO CARRY OUT SAID PURPOSE, THE
AUTHORITY SHALL HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL PROPERTY FOR ITS CORPORATE
PURPOSES;
4. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS,
AND, SUBJECT TO AGREEMENTS WITH BONDHOLDERS, FOR THE REGULATION OF THE
COVERED PROJECTS;
5. WITH THE CONSENT OF THE CITY, TO USE AGENTS, EMPLOYEES AND FACILI-
TIES OF THE CITY, PAYING TO THE CITY ITS AGREED PROPORTION OF THE
COMPENSATION OR COSTS;
6. TO APPOINT OFFICERS, AGENTS AND EMPLOYEES, TO PRESCRIBE THEIR QUAL-
IFICATIONS AND TO FIX THEIR COMPENSATION; SUBJECT, HOWEVER, TO THE
PROVISIONS OF THE CIVIL SERVICE LAW, AS HEREINAFTER PROVIDED;
7. TO APPOINT AN ATTORNEY, WHO MAY BE THE CORPORATION COUNSEL OF THE
CITY, AND TO FIX SUCH ATTORNEY'S COMPENSATION;
S. 3006--C 110 A. 3006--C
8. TO MAKE CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS NECES-
SARY FOR ITS CORPORATE PURPOSE;
9. TO CONSTRUCT SUCH BUILDINGS, STRUCTURES AND FACILITIES AS MAY BE
NECESSARY FOR ITS CORPORATE PURPOSE;
10. TO RECONSTRUCT, IMPROVE, MAINTAIN, REPAIR AND OPERATE THE COVERED
PROJECTS;
11. TO ACCEPT GRANTS, LOANS OR CONTRIBUTIONS FROM THE UNITED STATES,
THE STATE OF NEW YORK, OR ANY AGENCY OR INSTRUMENTALITY OF EITHER OF
THEM, OR THE CITY, OR AN INDIVIDUAL, BY BEQUEST OR OTHERWISE, AND TO
EXPEND THE PROCEEDS FOR ANY PURPOSES OF THE AUTHORITY;
12. TO FIX AND COLLECT RENTALS, FEES AND OTHER CHARGES FOR THE USE OF
THE COVERED PROJECTS SUBJECT TO AND IN ACCORDANCE WITH SUCH AGREEMENTS
WITH BONDHOLDERS AS MAY BE MADE AS HEREINAFTER PROVIDED; AND
13. TO CONSTRUCT, OPERATE OR MAINTAIN IN THE COVERED PROJECTS ALL
FACILITIES NECESSARY OR CONVENIENT IN CONNECTION THEREWITH; AND TO
CONTRACT FOR THE CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY PARTS
THEREOF OR FOR SERVICES TO BE PERFORMED; TO RENT PARTS THEREOF, AND
GRANT CONCESSIONS, ALL ON SUCH TERMS AND CONDITIONS AS IT MAY DETERMINE;
PROVIDED HOWEVER, THAT NEITHER THE AUTHORITY, THE CITY OR ANY AGENCY OF
THE AUTHORITY OR CITY, OR ANY OTHER PERSON, FIRM OR CORPORATION SHALL,
WITHIN OR ON ANY PROPERTY COMPRISING A PART OF ANY COVERED PROJECT
AUTHORIZED BY THIS TITLE, SELL, DISPENSE OR OTHERWISE HANDLE ANY PRODUCT
USED IN OR FOR THE SERVICING OF ANY MOTOR VEHICLE USING ANY PROJECT OR
FACILITY AUTHORIZED BY THIS TITLE, AND PROVIDED FURTHER THAT THE
LOCATION OF SITES OF THE COVERED PROJECTS SHALL BE SUBJECT TO THE PRIOR
APPROVAL OF THE PLANNING BOARD AND COMMON COUNCIL OF THE CITY.
§ 1500-E. CONVEYANCE OF PROPERTY BY THE CITY TO THE AUTHORITY; ACQUI-
SITION OF PROPERTY BY THE CITY OR BY THE AUTHORITY. 1. THE CITY MAY, BY
RESOLUTION OR RESOLUTIONS OF THE COMMON COUNCIL OR BY INSTRUMENTS
AUTHORIZED BY SUCH RESOLUTIONS, CONVEY, WITH OR WITHOUT CONSIDERATION,
AND UPON APPROPRIATE CONDITIONS AS TO OUTSTANDING CITY BONDS APPERTAIN-
ING THERETO, TO THE AUTHORITY REAL AND PERSONAL PROPERTY OWNED BY THE
CITY FOR USE BY THE AUTHORITY AS A COVERED PROJECT OR COVERED PROJECTS
OR A PART THEREOF. IN CASE OF REAL PROPERTY SO CONVEYED, THE TITLE THER-
ETO SHALL REMAIN IN THE CITY BUT THE AUTHORITY SHALL HAVE THE USE AND
OCCUPANCY THEREOF FOR SO LONG AS ITS CORPORATE EXISTENCE SHALL CONTINUE.
IN THE CASE OF PERSONAL PROPERTY SO CONVEYED, THE TITLE SHALL PASS TO
THE AUTHORITY.
2. THE CITY MAY ACQUIRE IN THE NAME OF THE CITY BY PURCHASE OR CONDEM-
NATION REAL PROPERTY IN THE CITY FOR ANY OF THE COVERED PROJECTS OR FOR
THE WIDENING OF EXISTING ROADS, STREETS, AVENUES OR HIGHWAYS, OR FOR NEW
ROADS, STREETS, AVENUES OR HIGHWAYS WITHIN A RADIUS OF ONE MILE TO ANY
OF THE COVERED PROJECTS, OR PARTLY FOR SUCH PURPOSES AND PARTLY FOR
OTHER CITY PURPOSES, BY PURCHASE OR CONDEMNATION IN THE MANNER PROVIDED
BY LAW FOR THE ACQUISITION OF REAL PROPERTY BY THE CITY. FOR LIKE
PURPOSES, THE CITY MAY CLOSE SUCH STREETS, ROADS, AVENUES, OR HIGHWAYS
AS MAY BE NECESSARY OR CONVENIENT, EXCEPT AS TO STATE HIGHWAYS AND
ARTERIAL WAYS WHICH SHALL NOT BE CLOSED WITHOUT THE CONSENT OF THE NEW
YORK STATE COMMISSIONER OF TRANSPORTATION.
3. SUBJECT TO THE APPROVAL OF THE COMMON COUNCIL, CONTRACTS MAY BE
ENTERED INTO BETWEEN THE CITY AND THE AUTHORITY PROVIDING FOR THE PROP-
ERTY TO BE CONVEYED BY THE CITY TO THE AUTHORITY, THE ADDITIONAL PROPER-
TY TO BE ACQUIRED BY THE CITY AND SO CONVEYED, THE STREETS, ROADS,
AVENUES, AND HIGHWAYS TO BE CLOSED BY THE CITY AND THE AMOUNTS, TERMS
AND CONDITIONS OF PAYMENT TO BE MADE BY THE AUTHORITY. SUCH CONTRACTS
MAY ALSO CONTAIN COVENANTS BY THE CITY AS TO THE ROAD, STREET, AVENUE
S. 3006--C 111 A. 3006--C
AND HIGHWAY IMPROVEMENTS TO BE MADE BY THE CITY. ANY SUCH CONTRACTS
BETWEEN THE CITY AND THE AUTHORITY MAY BE PLEDGED BY THE AUTHORITY TO
SECURE ITS BONDS AND MAY NOT BE MODIFIED THEREAFTER EXCEPT AS PROVIDED
BY THE TERMS OF THE PLEDGE. THE COMMON COUNCIL MAY AUTHORIZE SUCH
CONTRACTS BETWEEN THE CITY AND THE AUTHORITY AND NO OTHER AUTHORIZATION
ON THE PART OF THE CITY FOR SUCH CONTRACTS SHALL BE NECESSARY. ANY SUCH
CONTRACTS MAY BE SO AUTHORIZED AND ENTERED INTO BY THE CITY AND IN SUCH
MANNER AS THE COMMON COUNCIL MAY DETERMINE, AND THE PAYMENTS REQUIRED TO
BE MADE BY THE CITY MAY BE MADE AND FINANCED NOTWITHSTANDING THAT NO
PROVISIONS THEREFOR SHALL HAVE FIRST BEEN MADE IN THE ANNUAL APPROPRI-
ATIONS OF THE CITY. ALL CONTRACTUAL OR OTHER OBLIGATIONS OF THE CITY
INCURRED IN CARRYING OUT THE PROVISIONS OF THIS TITLE SHALL BE INCLUDED
IN AND PROVIDED FOR BY EACH ANNUAL APPROPRIATION OF THE CITY THEREAFTER
MADE, IF AND TO THE EXTENT THAT THEY MAY APPROPRIATELY BE INCLUDED THER-
EIN.
4. THE AUTHORITY MAY, SUBJECT TO THE APPROVAL OF THE COMMON COUNCIL OF
THE CITY, ITSELF ACQUIRE REAL PROPERTY FOR A COVERED PROJECT IN THE NAME
OF THE CITY AT THE COST AND EXPENSE OF THE AUTHORITY BY PURCHASE. THE
AUTHORITY SHALL HAVE THE USE AND OCCUPANCY OF SUCH REAL PROPERTY SO LONG
AS ITS CORPORATE EXISTENCE SHALL CONTINUE.
5. IN CASE THE AUTHORITY SHALL HAVE THE USE AND OCCUPANCY OF ANY REAL
PROPERTY WHICH IT SHALL DETERMINE IS NO LONGER REQUIRED FOR A COVERED
PROJECT THEN, IF SUCH PROPERTY WAS ACQUIRED AT THE COST AND EXPENSE OF
THE CITY, THE AUTHORITY SHALL HAVE THE POWER TO SURRENDER ITS USE AND
OCCUPANCY THEREOF TO THE CITY, OR, IF SUCH REAL PROPERTY WAS ACQUIRED AT
THE COST AND EXPENSE OF THE AUTHORITY, THEN THE AUTHORITY SHALL HAVE THE
POWER TO SELL, LEASE OR OTHERWISE DISPOSE OF SAID REAL PROPERTY AT
PUBLIC OR PRIVATE SALE, SUBJECT TO APPLICABLE PROVISIONS OF LAW, AND
SHALL RETAIN AND HAVE THE POWER TO USE THE PROCEEDS OF SALE, RENTALS, OR
OTHER MONEYS DERIVED FROM THE DISPOSITION THEREOF FOR ITS PURPOSES.
§ 1500-F. CONSTRUCTION AND PURCHASE CONTRACTS. THE AUTHORITY SHALL LET
CONTRACTS FOR CONSTRUCTION IN THE SAME MANNER, SO FAR AS PRACTICABLE, AS
IS PROVIDED BY LAW FOR CONTRACTS OF THE CITY, INCLUDING BUT NOT LIMITED
TO SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW. NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO LIMIT THE POWER OF THE AUTHORITY TO
DO ANY CONSTRUCTION DIRECTLY BY THE OFFICERS, AGENTS AND EMPLOYEES OF
THE AUTHORITY. CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIAL AND
EQUIPMENT SHALL BE LET IN THE SAME MANNER AS IS PROVIDED BY LAW FOR
CONTRACTS OF THE CITY.
§ 1500-G. CONTRACT FOR EMPLOYEES. THE AUTHORITY IS HEREBY AUTHORIZED
TO ENTER INTO CONTRACTS UNDER WHICH SUCH CONTRACTOR WOULD PROVIDE
EMPLOYEES TO THE AUTHORITY FOR THE PURPOSE OF OPERATION AND MAINTENANCE
OF THE PROJECTS OF THE AUTHORITY. ALL EMPLOYEES CURRENTLY EMPLOYED BY
THE CITY OR BY A CONTRACTOR TO SUPPORT OPERATIONS CURRENTLY MANAGED BY
THE CITY SHALL BE RETAINED BY ANY CONTRACTOR RETAINED PURSUANT TO THIS
SECTION. THE AUTHORITY SHALL NOT BEGIN OPERATION OF ANY PROJECT UNTIL
SUCH A CONTRACT SHALL BE IN FORCE. SUCH CONTRACT SHALL PROVIDE THAT ALL
EMPLOYEES ENGAGED IN THE OPERATION AND MAINTENANCE OF ANY AUTHORITY
PROJECT SHALL BE EMPLOYEES OF THE CONTRACTOR AND NOT EMPLOYEES OF THE
AUTHORITY. SUCH EMPLOYEES SHALL RECEIVE THEIR TOTAL COMPENSATION AND ANY
EMPLOYEE BENEFITS DIRECTLY FROM THE CONTRACTOR FOR WHOM THEY ARE
EMPLOYED PROVIDED ANY RELEVANT LOCAL REGULATION, RULE OR ORDINANCE
RELATED TO WAGE SHALL APPLY. EXCEPT FOR ROLES CONSIDERED TO BE MANAGE-
MENT OR CONFIDENTIAL PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW, INCLUDING THE BOARD OF THE AUTHORITY, ESTABLISHED BY SECTION
FIFTEEN HUNDRED-C OF THIS TITLE, THE AUTHORITY SHALL HAVE NO EMPLOYEES
S. 3006--C 112 A. 3006--C
OTHER THAN THE EMPLOYEES OF THE CONTRACTOR PURSUANT TO ANY CONTRACT
AUTHORIZED BY THIS SECTION.
§ 1500-H. MONEYS OF THE AUTHORITY. ALL MONEYS OF THE AUTHORITY FROM
WHATEVER SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE CITY AS
AGENT OF THE AUTHORITY, WHO SHALL NOT COMMINGLE SUCH MONEYS WITH ANY
OTHER MONEYS. SUCH MONEYS SHALL BE DEPOSITED IN A SEPARATE BANK ACCOUNT
OR ACCOUNTS. THE MONEY IN SUCH ACCOUNTS SHALL BE PAID OUT BY THE TREAS-
URER ON REQUISITION OF THE CHAIR OF THE AUTHORITY OR OF SUCH PERSON OR
PERSONS AS THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS AFTER
AUDIT BY AND UPON THE WARRANT OF THE CITY COMPTROLLER. ALL DEPOSITS OF
SUCH MONEYS SHALL, IF REQUIRED BY THE TREASURER OR THE AUTHORITY, BE
SECURED BY OBLIGATIONS OF THE UNITED STATES OR THE STATE OF NEW YORK OR
OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT
OF THE DEPOSIT, AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE
SUCH SECURITY FOR SUCH DEPOSITS. TO THE EXTENT PRACTICABLE, CONSISTENT
WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH MONIES SHALL BE
DEPOSITED IN INTEREST BEARING ACCOUNTS. THE TREASURER AND A LEGALLY
AUTHORIZED REPRESENTATIVE OF THE TREASURER ARE AUTHORIZED AND EMPOWERED
FROM TIME TO TIME TO EXAMINE THE ACCOUNTS AND BOOKS OF THE AUTHORITY,
INCLUDING ITS RECEIPTS, DISBURSEMENTS, CONTRACTS, LEASES, SINKING FUNDS,
INVESTMENTS AND ANY OTHER RECORDS AND PAPERS RELATING TO ITS FINANCIAL
STANDING. THE ACCOUNT OF THE AUTHORITY SHALL BE SUBJECT TO THE SUPER-
VISION OF THE NEW YORK STATE COMPTROLLER, AND SUCH COMPTROLLER OR LEGAL-
LY AUTHORIZED REPRESENTATIVES OF THE COMPTROLLER ARE AUTHORIZED AND
EMPOWERED FROM TIME TO TIME TO EXAMINE THE ACCOUNTS AND BOOKS OF THE
AUTHORITY, INCLUDING ITS RECEIPTS, DISBURSEMENTS, CONTRACTS, LEASES,
SINKING FUNDS, INVESTMENTS AND ANY OTHER RECORDS AND PAPERS RELATING TO
ITS FINANCIAL STANDING AND FISCAL AFFAIRS. THE AUTHORITY SHALL HAVE
POWER, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, TO CONTRACT WITH
THE HOLDERS OF ANY OF ITS BONDS AS TO THE CUSTODY, COLLECTION, SECURING,
INVESTMENT AND PAYMENT OF ANY MONEYS OF THE AUTHORITY OR ANY MONEYS HELD
IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR IN ANY WAY TO SECURE
BONDS, AND TO CARRY OUT ANY SUCH CONTRACT NOTWITHSTANDING THAT SUCH
CONTRACT MAY BE INCONSISTENT WITH THE PREVIOUS PROVISIONS OF THIS
SECTION. MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR
IN ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH MONEYS MAY BE ACQUIRED
IN THE SAME MANNER AS MONEYS OF THE AUTHORITY, AND ALL BANKS AND TRUST
COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH DEPOSITS. ANY
MONIES OF THE AUTHORITY NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT
MAY, AT THE DISCRETION OF THE AUTHORITY, BE INVESTED PURSUANT TO SECTION
NINETY-EIGHT-A OF THE STATE FINANCE LAW IN ACCORDANCE WITH GUIDELINES
ESTABLISHED BY THE BOARD AND AMENDED FROM TIME TO TIME. SUBJECT TO THE
PROVISIONS OF ANY CONTRACT WITH BONDHOLDERS AND WITH THE APPROVAL OF THE
STATE COMPTROLLER, THE AUTHORITY SHALL PRESCRIBE A SYSTEM OF ACCOUNTS,
PROVIDED HOWEVER, THE AUTHORITY SHALL RENDER A COMPLETE ANNUAL ACCOUNT
OF ITS PROCEEDINGS TO THE COMMON COUNCIL AT ITS FIRST MEETING IN JANUARY
OF EACH AND EVERY YEAR. THE AUTHORITY SHALL ENTER INTO AGREEMENT WITH
THE CITY TO PAY AND TRANSFER A CERTAIN PORTION OF EXCESS REVENUES OF THE
AUTHORITY TO THE CITY EACH FISCAL YEAR. WITHIN NINETY DAYS AFTER THE END
OF EACH FISCAL YEAR, AN ANNUAL FINANCIAL AND MANAGEMENT AUDIT OF THE
AUTHORITY'S PERFORMANCE AND OPERATIONS SHALL BE PREPARED BY AN INDEPEND-
ENT CERTIFIED PUBLIC ACCOUNTANCY FIRM. SUCH FIRM SHALL BE CHOSEN FROM AN
APPROVED LIST OF AUDITORS PRESCRIBED BY THE CITY COMPTROLLER, THE
EXPENSE OF WHICH SHALL BE TREATED AS AN EXPENSE OF THE AUTHORITY.
§ 1500-I. BONDS OR NOTES OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE
THE POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE BONDS,
S. 3006--C 113 A. 3006--C
NOTES, OR OTHER OBLIGATIONS IN CONFORMITY WITH APPLICABLE PROVISIONS OF
THE UNIFORM COMMERCIAL CODE TO: (A) PAY THE COST OF ACQUISITION OF PROP-
ERTY IN ANY COVERED PROJECT; (B) PAY THE COST OF RECONSTRUCTING, MAIN-
TAINING, IMPROVING OR REPAIRING ANY COVERED PROJECT; (C) PAY SUCH
EXPENSES AS MAY BE DEEMED BY THE BOARD NECESSARY OR DESIRABLE TO THE
FINANCING THEREOF AND PLACING SUCH COVERED PROJECT IN OPERATION; (D)
ESTABLISH RESERVES TO SECURE THE BONDS; AND (E) PAY THE PRINCIPAL OF,
PREMIUM, IF ANY, AND INTEREST ON THE BONDS AND THE PAYMENT OF INCIDENTAL
EXPENSES IN CONNECTION THEREWITH. THE AGGREGATE PRINCIPAL AMOUNT OF SUCH
BONDS, NOTES OR OTHER OBLIGATIONS SHALL NOT EXCEED SIXTY-FIVE MILLION
DOLLARS, EXCLUDING BONDS, NOTES OR OTHER OBLIGATIONS ISSUED TO REFUND OR
REPAY BONDS, NOTES OR OTHER OBLIGATIONS THEREFORE ISSUED FOR SUCH
PURPOSES; PROVIDED, HOWEVER, THAT UPON ANY SUCH REFUNDING OR REPAYMENT
THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING BONDS, NOTES OR
OTHER OBLIGATIONS MAY BE GREATER THAN SIXTY-FIVE MILLION DOLLARS, ONLY
IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR
REPAYMENT OF BONDS, NOTES OR OTHER OBLIGATIONS TO BE ISSUED SHALL NOT
EXCEED THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE BONDS,
NOTES OR OTHER OBLIGATIONS SO TO BE REFUNDED OR REPAID. FOR THE PURPOSE
OF THIS SECTION, THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE
REFUNDING OR REPAYMENT BONDS, NOTES OR OTHER OBLIGATIONS AND THE AGGRE-
GATE DEBT SERVICE OF THE BONDS, NOTES OR OTHER OBLIGATIONS REFUNDED OR
REPAID SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE INTEREST RATE OF
THE REFUNDING OR REPAYMENT OF BONDS, NOTES OR OTHER OBLIGATIONS, WHICH
SHALL BE THAT RATE ARRIVED AT BY DOUBLING THE SEMI-ANNUAL INTEREST RATE
(COMPOUNDED SEMI-ANNUALLY) NECESSARY TO DISCOUNT THE DEBT SERVICE
PAYMENTS ON THE REFUNDING OR REPAYMENT OF BONDS, NOTES OR OTHER OBLI-
GATIONS FROM PAYMENT OF DATES THEREOF TO THE DATE OF ISSUE OF THE
REFUNDING OR REPAYMENT OF BONDS, NOTES OR OTHER OBLIGATIONS AND TO THE
PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST FROM THE SALE THEREOF.
THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED TO ENTER
INTO SUCH AGREEMENTS AND PERFORM SUCH ACTS AS MAY BE REQUIRED UNDER ANY
APPLICABLE FEDERAL LAW, RULE OR REGULATION TO SECURE A FEDERAL GUARANTEE
TO ANY BONDS. WITH RESPECT TO ANY PROPOSED BORROWING BY THE AUTHORITY,
THE AUTHORITY SHALL NOTIFY THE BUFFALO FISCAL STABILITY AUTHORITY OF
EACH PROPOSED ISSUE OF BONDS OR NOTES TO BE ISSUED TO GIVE THE BUFFALO
FISCAL STABILITY AUTHORITY AN OPPORTUNITY TO REVIEW THE TERMS OF AND
COMMENT ON THE PRUDENCE OF EACH PROPOSED ISSUE OF BONDS OR NOTES TO BE
ISSUED BY THE PARKING AUTHORITY FOR A PERIOD OF NO LESS THAN TEN DAYS
PRIOR TO ISSUING SUCH BONDS OR NOTES.
2. THE AUTHORITY SHALL HAVE THE POWER FROM TIME TO TIME TO RENEW BONDS
OR TO ISSUE RENEWAL BONDS FOR SUCH PURPOSE, TO ISSUE BONDS TO PAY BONDS,
AND, WHENEVER IT DEEMS REFUNDING EXPEDIENT, TO REFUND ANY BOND BY THE
ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT
MATURED, AND MAY ISSUE BONDS, PARTLY TO REFUND BONDS THEN OUTSTANDING
AND PARTLY FOR ANY OTHER PURPOSE OF THE AUTHORITY. BONDS ISSUED FOR
REFUNDING PURPOSES SHALL BE SOLD AND THE PROCEEDS APPLIED TO THE
PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS OR NOTES TO BE REFUNDED.
3. BONDS ISSUED BY THE AUTHORITY MAY BE GENERAL OBLIGATIONS SECURED BY
THE FAITH AND CREDIT OF THE AUTHORITY OR MAY BE SPECIAL OBLIGATIONS
PAYABLE SOLELY OUT OF PARTICULAR REVENUES OR OTHER MONIES AS MAY BE
DESIGNATED IN THE PROCEEDINGS OF THE AUTHORITY UNDER WHICH THE BONDS
SHALL BE AUTHORIZED TO BE ISSUED, SUBJECT AS TO PRIORITY ONLY TO ANY
AGREEMENTS WITH THE HOLDERS OF OUTSTANDING BONDS PLEDGING ANY PARTICULAR
PROPERTY, REVENUES OR MONIES. THE AUTHORITY MAY ALSO ENTER INTO LOAN
AGREEMENTS, LINES OF CREDIT AND OTHER SECURITY AGREEMENTS AND OBTAIN FOR
S. 3006--C 114 A. 3006--C
OR ON ITS BEHALF LETTERS OF CREDIT, INSURANCE, GUARANTEES OR OTHER CRED-
IT ENHANCEMENTS TO THE EXTENT NOW OR HEREAFTER AVAILABLE, IN EACH CASE
FOR SECURING ITS BONDS OR TO PROVIDE DIRECT PAYMENT OF ANY COSTS WHICH
THE AUTHORITY IS AUTHORIZED TO PAY.
4. (A) BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHORITY BE IN
SUCH DENOMINATIONS AND BEAR SUCH DATE OR DATES AND MATURE AT SUCH TIME
OR TIMES, AS SUCH RESOLUTION MAY PROVIDE, PROVIDED THAT BONDS AND
RENEWALS THEREOF SHALL MATURE WITHIN THIRTY YEARS FROM THE DATE OF
ORIGINAL ISSUANCE OF ANY SUCH BONDS.
(B) BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR INTEREST
AT SUCH RATE OR RATES, BE PAYABLE AT SUCH TIMES, BE IN SUCH FORM, EITHER
COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR PLAC-
ES, AND BE SUBJECT TO SUCH TERMS AND CONDITIONS AS SUCH RESOLUTION MAY
PROVIDE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BONDS OF THE
AUTHORITY ISSUED PURSUANT TO THIS SECTION SHALL BE SOLD TO THE BIDDER
OFFERING THE LOWEST TRUE INTEREST COST, TAKING INTO CONSIDERATION ANY
PREMIUM OR DISCOUNT NOT LESS THAN FOUR NOR MORE THAN FIFTEEN DAYS,
SUNDAY EXCEPTED, AFTER A NOTICE OF SUCH SALE HAS BEEN PUBLISHED AT LEAST
ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA SERVED BY THE
AUTHORITY, WHICH SHALL STATE THE TERMS OF THE SALE. THE TERMS OF THE
SALE MAY NOT CHANGE UNLESS NOTICE OF SUCH CHANGE IS PUBLISHED IN SUCH
NEWSPAPER AT LEAST ONE DAY PRIOR TO THE DATE OF THE SALE AS SET FORTH IN
THE ORIGINAL NOTICE OF SALE. ADVERTISEMENTS SHALL CONTAIN A PROVISION TO
THE EFFECT THAT THE AUTHORITY, IN ITS DISCRETION, MAY REJECT ANY OR ALL
BIDS MADE PURSUANT TO SUCH ADVERTISEMENTS, AND IN THE EVENT OF SUCH
REJECTION, THE AUTHORITY IS AUTHORIZED TO NEGOTIATE A PRIVATE OR PUBLIC
SALE OR READVERTISE FOR BIDS IN THE FORM AND MANNER DESCRIBED ABOVE IN
THIS PARAGRAPH AS MANY TIMES AS, IN ITS JUDGMENT, MAY BE NECESSARY TO
EFFECT SATISFACTORY SALE.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, WHENEVER IN THE JUDGMENT OF THE AUTHORITY THE INTERESTS OF THE
AUTHORITY WILL BE SERVED THEREBY, THE BOARD, ON THE WRITTEN RECOMMENDA-
TION OF THE CHAIRPERSON MAY AUTHORIZE THE SALE OF SUCH BONDS AT PRIVATE
OR PUBLIC SALE ON A NEGOTIATED BASIS OR ON EITHER A COMPETITIVE OR NEGO-
TIATED BASIS. THE AUTHORITY SHALL SET GUIDELINES GOVERNING THE TERMS AND
CONDITIONS OF ANY SUCH PRIVATE OR PUBLIC SALES. THE PRIVATE OR PUBLIC
BOND SALE GUIDELINES SET BY THE AUTHORITY SHALL INCLUDE, BUT NOT BE
LIMITED TO, A REQUIREMENT THAT WHERE THE INTERESTS OF THE AUTHORITY WILL
BE SERVED BY A PRIVATE OR PUBLIC SALE OF BONDS, THE AUTHORITY SHALL
SELECT UNDERWRITERS TAKING INTO ACCOUNT, AMONG OTHER THINGS, QUALIFICA-
TIONS OF UNDERWRITERS AS TO EXPERIENCE, THEIR ABILITY TO STRUCTURE AND
SELL AUTHORITY BOND ISSUES, ANTICIPATED COSTS TO THE AUTHORITY, THE
PRIOR EXPERIENCE OF THE AUTHORITY WITH THE FIRM, IF ANY, THE CAPITALIZA-
TION OF SUCH FIRMS, PARTICIPATION OF QUALIFIED MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISE FIRMS IN SUCH PRIVATE OR PUBLIC SALES OF BONDS OF
THE AUTHORITY AND THE EXPERIENCE AND ABILITY OF FIRMS UNDER CONSIDER-
ATION TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES SO AS
TO PROMOTE AND ASSIST PARTICIPATION BY SUCH ENTERPRISES.
(D) THE AUTHORITY SHALL HAVE THE POWER FROM TIME TO TIME TO AMEND SUCH
PRIVATE BOND SALE GUIDELINES IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBDIVISION.
(E) NO PRIVATE OR PUBLIC BOND SALE ON A NEGOTIATED BASIS SHALL BE
CONDUCTED BY THE AUTHORITY WITHOUT PRIOR APPROVAL OF THE STATE COMP-
TROLLER. THE AUTHORITY SHALL ANNUALLY PREPARE AND APPROVE A BOND SALE
REPORT WHICH SHALL INCLUDE THE PRIVATE OR PUBLIC BOND SALE GUIDELINES AS
S. 3006--C 115 A. 3006--C
SPECIFIED IN THIS SUBDIVISION, AMENDMENTS TO SUCH GUIDELINES SINCE THE
LAST PRIVATE OR PUBLIC BOND SALE REPORT, AN EXPLANATION OF THE BOND SALE
GUIDELINES AND AMENDMENTS, AND THE RESULTS OF ANY SALE OF BONDS
CONDUCTED DURING THE FISCAL YEAR. SUCH BOND SALE REPORT MAY BE A PART OF
ANY OTHER ANNUAL REPORT THAT THE AUTHORITY IS REQUIRED TO MAKE.
(F) THE AUTHORITY SHALL ANNUALLY SUBMIT ITS BOND SALE REPORT TO THE
BUFFALO FISCAL STABILITY AUTHORITY AND THE STATE COMPTROLLER AND COPIES
THEREOF TO THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS
COMMITTEE.
(G) THE AUTHORITY SHALL MAKE AVAILABLE TO THE PUBLIC COPIES OF ITS
BOND SALE REPORT UPON REASONABLE REQUEST THEREOF.
(H) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO ALTER,
AFFECT THE VALIDITY OF, MODIFY THE TERMS OF, OR IMPAIR ANY CONTRACT OR
AGREEMENT MADE OR ENTERED INTO IN VIOLATION OF, OR WITHOUT COMPLIANCE
WITH, THE PROVISIONS OF THIS SUBDIVISION.
5. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING BONDS OR ANY ISSUE OF
BONDS BY THE AUTHORITY MAY CONTAIN PROVISIONS WHICH MAY BE A PART OF THE
CONTRACT WITH THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
(A) PLEDGING ALL OR PART OF THE REVENUES, TOGETHER WITH ANY OTHER
MONIES OR PROPERTY OF THE AUTHORITY TO SECURE THE PAYMENT OF THE BONDS,
OR ANY COSTS OF ISSUANCE THEREOF, INCLUDING BUT NOT LIMITED TO, ANY
CONTRACTS, EARNINGS OR PROCEEDS OF ANY GRANT TO THE AUTHORITY RECEIVED
FROM ANY PRIVATE OR PUBLIC SOURCE SUBJECT TO SUCH AGREEMENTS WITH BOND-
HOLDERS AS MAY THEN EXIST;
(B) THE SETTING ASIDE OF RESERVES AND THE CREATION OF SINKING FUNDS
AND THE REGULATION AND DISPOSITION THEREOF;
(C) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE OF
BONDS MAY BE APPLIED;
(D) THE RATES, RENTS, FEES AND OTHER CHARGES TO BE FIXED AND COLLECTED
BY THE AUTHORITY AND THE AMOUNT TO BE RAISED IN EACH YEAR THEREBY AND
THE USE AND DISPOSITION OF REVENUES;
(E) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
THE USE OF THE COVERED PROJECT OR PART THEREOF IN CONNECTION WITH WHICH
BONDS ARE ISSUED;
(F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS, THE TERMS UPON
WHICH ADDITIONAL BONDS MAY BE ISSUED AND SECURED AND THE REFUNDING OF
OUTSTANDING OR OTHER BONDS;
(G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
BONDHOLDERS MAY BE AMENDED OR ABROGATED, INCLUDING THE PROPORTION OF
BONDHOLDERS WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH SUCH
CONSENT MAY BE GIVEN;
(H) THE CREATION OF SPECIAL FUNDS INTO WHICH ANY REVENUES OR MONIES
MAY BE DEPOSITED;
(I) THE TERMS AND PROVISIONS OF ANY TRUST, MORTGAGE, DEED OR INDENTURE
SECURING THE BONDS UNDER WHICH THE BONDS MAY BE ISSUED;
(J) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTIES, RIGHTS, POWERS
AND DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE WHICH MAY INCLUDE ANY
OR ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEES APPOINTED BY THE
BONDHOLDERS PURSUANT TO THIS TITLE OR LIMITING THE RIGHTS, DUTIES AND
POWERS OF SUCH TRUSTEE;
(K) DEFINING THE ACTS OR OMISSIONS TO ACT WHICH MAY CONSTITUTE A
DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE BONDHOLD-
ERS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN THE
EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT APPOINTMENT OF A
RECEIVER, PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES SHALL NOT BE
S. 3006--C 116 A. 3006--C
INCONSISTENT WITH THE LAWS OF THE STATE AND OTHER PROVISIONS OF THIS
TITLE;
(L) LIMITATIONS ON THE POWER OF THE AUTHORITY TO SELL OR OTHERWISE
DISPOSE OF ANY COVERED PROJECT OR ANY PART THEREOF OR OTHER PROPERTY;
(M) LIMITATIONS ON THE AMOUNT OF REVENUES AND OTHER MONIES TO BE
EXPENDED FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORI-
TY;
(N) THE PAYMENT OF THE PROCEEDS OF BONDS, REVENUES AND OTHER MONIES TO
A TRUSTEE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT THERE-
OF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE AUTHORITY MAY DETERMINE;
AND
(O) ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER WHICH IN ANY WAY
AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS AND REME-
DIES OF THE BONDHOLDERS.
6. IN ADDITION TO THE POWERS CONFERRED BY THIS SECTION UPON THE
AUTHORITY TO SECURE ITS BONDS, THE AUTHORITY SHALL HAVE THE POWER IN
CONNECTION WITH THE ISSUANCE OF BONDS TO ADOPT RESOLUTIONS AND ENTER
INTO SUCH TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS AS THE
AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE
OR DISPOSITION OF ITS REVENUES OR OTHER MONIES OR PROPERTY, INCLUDING
THE MORTGAGING OF ANY PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION
OF ANY OTHER SECURITY INTEREST IN ANY SUCH REVENUES, MONIES OR PROPERTY
AND THE DOING OF ANY ACT, INCLUDING REFRAINING FROM DOING ANY ACT WHICH
THE AUTHORITY WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH RESOL-
UTIONS, TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS. THE AUTHORI-
TY SHALL HAVE POWER TO ENTER INTO AMENDMENTS OF ANY SUCH RESOLUTIONS,
TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS WITHIN THE POWERS
GRANTED TO THE AUTHORITY BY THIS TITLE AND TO PERFORM SUCH RESOLUTIONS,
TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS. THE PROVISIONS OF ANY
SUCH RESOLUTIONS, TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS MAY
BE MADE A PART OF THE CONTRACT WITH THE HOLDERS OF BONDS OF THE AUTHORI-
TY.
7. ANY PROVISION OF THE UNIFORM COMMERCIAL CODE TO THE CONTRARY
NOTWITHSTANDING, ANY PLEDGE OF OR OTHER SECURITY INTEREST IN REVENUES,
MONIES, ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES OR OTHER PERSONAL
PROPERTY MADE OR CREATED BY THE AUTHORITY SHALL BE VALID, BINDING AND
PERFECTED FROM THE TIME WHEN SUCH PLEDGE IS MADE OR OTHER SECURITY
INTEREST ATTACHES WITHOUT ANY PHYSICAL DELIVERY OF THE COLLATERAL OR
FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR OTHER SECURITY INTEREST
SHALL BE VALID, BINDING AND PERFECTED AGAINST ALL PARTIES HAVING CLAIMS
OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY IRRE-
SPECTIVE OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NO INSTRU-
MENT BY WHICH SUCH A PLEDGE OR SECURITY INTEREST IS CREATED NOR ANY
FINANCING STATEMENT NEED BE RECORDED OR FILED.
8. WHETHER OR NOT THE BONDS OF THE AUTHORITY ARE OF SUCH FORM AND
CHARACTER AS TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM
COMMERCIAL CODE, THE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN
THE MEANING OF AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL CODE,
SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRATION.
9. NEITHER THE MEMBERS NOR THE OFFICERS OF THE AUTHORITY NOR ANY
PERSON EXECUTING ITS BONDS SHALL BE LIABLE PERSONALLY ON ITS BONDS OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE
ISSUANCE THEREOF.
10. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST, THE
AUTHORITY SHALL HAVE THE POWER TO PURCHASE THE BONDS OF THE AUTHORITY,
IN LIEU OF REDEMPTION, OUT OF ANY FUNDS AVAILABLE THEREFOR, AT A PRICE
S. 3006--C 117 A. 3006--C
NOT EXCEEDING, IF THE BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE
THEN APPLICABLE PLUS ACCRUED INTEREST TO THE NEXT INTEREST PAYMENT DATE,
OR, IF THE BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICA-
BLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON WHICH THE BONDS BECOME
SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO THE NEXT INTEREST PAYMENT
DATE. BONDS SO PURCHASED SHALL THERE UPON BE CANCELED.
11. THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED TO ISSUE
NEGOTIABLE BOND ANTICIPATION NOTES IN CONFORMITY WITH THE APPLICABLE
PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND MAY RENEW THE SAME FROM
TIME TO TIME BUT THE MAXIMUM MATURITY OF ANY SUCH NOTE, INCLUDING
RENEWALS THEREOF, SHALL NOT EXCEED TWO YEARS FROM THE DATE OF ISSUE OF
SUCH ORIGINAL NOTE.
§ 1500-J. AGREEMENTS OF NEW YORK STATE. THE STATE DOES HEREBY PLEDGE
TO AND AGREE WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY
PURSUANT TO THIS TITLE AND WITH THOSE PERSONS OR PUBLIC AUTHORITIES WHO
MAY ENTER INTO CONTRACTS WITH THE AUTHORITY PURSUANT TO THE PROVISIONS
OF THIS TITLE THAT THE STATE WILL NOT ALTER, LIMIT OR IMPAIR THE RIGHTS
VESTED IN THE AUTHORITY BY THIS TITLE TO PURCHASE, CONSTRUCT, OWN AND
OPERATE, MAINTAIN, REPAIR, IMPROVE, RECONSTRUCT, RENOVATE, REHABILITATE,
ENLARGE, INCREASE AND EXTEND, OR DISPOSE OF ANY COVERED PROJECT, OR ANY
PART OR PARTS THEREOF FOR WHICH BONDS OF THE AUTHORITY SHALL HAVE BEEN
ISSUED, TO ESTABLISH AND COLLECT RENTALS, FEES AND OTHER CHARGES
REFERRED TO IN THIS TITLE, TO FULFILL THE TERMS OF ANY CONTRACTS OR
AGREEMENTS MADE WITH OR FOR THE BENEFIT OF THE HOLDERS OF THE BONDS, OR
WITH ANY PERSON OR PUBLIC AUTHORITY WITH REFERENCE TO SUCH COVERED
PROJECT OR PART THEREOF, OR IN ANY WAY TO IMPAIR THE RIGHTS AND REMEDIES
OF THE BONDHOLDERS, UNTIL THE BONDS, TOGETHER WITH INTEREST THEREON,
INCLUDING INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST AND ALL COSTS
AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON BEHALF
OF THE HOLDERS OF BONDS, ARE FULLY MET AND DISCHARGED AND SUCH CONTRACTS
ARE FULLY PERFORMED ON THE PART OF THE AUTHORITY. THE AUTHORITY IS
AUTHORIZED TO INCLUDE THIS PLEDGE AND AGREEMENT OF THE STATE IN ANY
AGREEMENT WITH THE HOLDERS OF BONDS.
§ 1500-K. AGREEMENTS OF THE CITY. 1. THE CITY IS AUTHORIZED TO
PLEDGE TO AND AGREE WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORI-
TY PURSUANT TO THIS TITLE AND WITH THOSE PERSONS OR PUBLIC AUTHORITIES
WHO MAY ENTER INTO CONTRACTS WITH THE AUTHORITY PURSUANT TO THE
PROVISIONS OF THIS TITLE THAT THE CITY WILL NOT ALTER, LIMIT OR IMPAIR
THE RIGHTS HEREBY VESTED IN THE AUTHORITY BY THIS TITLE TO PURCHASE,
CONSTRUCT, OWN AND OPERATE, MAINTAIN, REPAIR, IMPROVE, RECONSTRUCT,
RENOVATE, REHABILITATE, ENLARGE, INCREASE AND EXTEND, OR DISPOSE OF ANY
COVERED PROJECT, OR ANY PART OR PARTS THEREOF, FOR WHICH BONDS OF THE
AUTHORITY SHALL HAVE BEEN ISSUED, TO ESTABLISH, COLLECT AND ADJUST
RATES, RENTS, FEES AND OTHER CHARGES REFERRED TO IN THIS TITLE, TO
FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF THE BONDS
OR WITH ANY PUBLIC AUTHORITY OR PERSON WITH REFERENCE TO SUCH PROJECT OR
PART THEREOF, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF THE HOLD-
ERS OF BONDS, UNTIL THE BONDS, TOGETHER WITH INTEREST THEREON, INCLUDING
INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS AND
EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON BEHALF OF
THE HOLDERS OF BONDS, ARE FULLY MET AND DISCHARGED AND SUCH CONTRACTS
ARE FULLY PERFORMED ON THE PART OF THE AUTHORITY.
2. THE AUTHORITY IS HEREBY AUTHORIZED, IN ITS DISCRETION, FOR AND ON
BEHALF OF ITSELF AND SUBJECT TO APPROVAL BY THE COMMON COUNCIL AND THE
MAYOR, TO COVENANT AND AGREE WITH THE HOLDERS OF THE BONDS, WITH SUCH
EXCEPTIONS AND LIMITATIONS AS IT MAY DEEM TO BE IN THE PUBLIC INTEREST,
S. 3006--C 118 A. 3006--C
THAT NO PUBLIC PARKING AREAS EXCEPT THOSE ACQUIRED AND OPERATED BY THE
AUTHORITY WILL BE CONSTRUCTED OR OPERATED IN THE CITY BY THE CITY, OR BY
ANY PUBLIC BENEFIT OR OTHER CORPORATION THE MEMBERS OR SOME OF WHICH ARE
ELECTED OR ARE APPOINTED BY CITY OFFICIALS, UNTIL EITHER (A) THE BONDS,
TOGETHER WITH INTEREST THEREON, INTEREST ON ANY UNPAID INSTALLMENTS OF
INTEREST AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR
PROCEEDING BY OR ON BEHALF OF THE BONDHOLDERS ARE FULLY MET AND
DISCHARGED OR (B) PRINCIPAL OR INTEREST OF ANY OF THE BONDS SHALL BE
OVERDUE AND UNPAID FOR A PERIOD OF THREE YEARS OR MORE, PROVIDED THAT
NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPAIR THE RIGHT OF THE CITY
TO INSTALL AND OPERATE PARKING METERS ON THE PUBLIC STREETS OF THE CITY.
§ 1500-L. STATE AND CITY NOT LIABLE ON BONDS. THE BONDS AND OTHER
OBLIGATIONS OF THE AUTHORITY SHALL NOT BE A DEBT OF THE STATE OF NEW
YORK OR OF THE CITY, AND NEITHER THE STATE NOR THE CITY SHALL BE LIABLE
THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE OF
THE AUTHORITY.
§ 1500-M. BONDS LEGAL INVESTMENTS FOR PUBLIC OFFICERS. THE BONDS ARE
HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND BODIES OF THIS
STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS, ALL INSURANCE
COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE
BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS
ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN
ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANK-
ING BUSINESS, AND ALL OTHER PERSONS WHATSOEVER EXCEPT AS HEREINAFTER
PROVIDED, WHO ARE NOW OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS
OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM; PROVIDED THAT,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL OR SPECIAL LAW TO
THE CONTRARY, SUCH BONDS SHALL NOT BE ELIGIBLE FOR THE INVESTMENT OF
FUNDS, INCLUDING CAPITAL, OF TRUSTS, ESTATES OR GUARDIANSHIPS UNDER THE
CONTROL OF INDIVIDUAL ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES AND
OTHER INDIVIDUAL FIDUCIARIES. THE BONDS ARE ALSO HEREBY MADE SECURITIES
WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED BY ALL PUBLIC OFFICERS
AND BODIES OF THIS STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVI-
SIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLI-
GATIONS OF THIS STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
§ 1500-N. TAX EXEMPTIONS. 1. IT IS HEREBY DETERMINED THAT THE CREATION
OF THE AUTHORITY AND THE CARRYING OUT OF ITS CORPORATE PURPOSES IS IN
ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE CITY AND ITS ENVIRONS,
AND IS A PUBLIC PURPOSE, AND THE AUTHORITY SHALL BE REGARDED AS PERFORM-
ING A GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON
IT BY THIS TITLE AND SHALL BE REQUIRED TO PAY NO TAXES OR ASSESSMENTS
UPON ANY OF THE PROPERTY ACQUIRED BY IT OR UNDER ITS JURISDICTION OR
CONTROL OR SUPERVISION OR UPON ITS ACTIVITIES.
2. ANY BONDS OR NOTES ISSUED PURSUANT TO THIS TITLE, TOGETHER WITH THE
INCOME THEREFROM, AS WELL AS THE PROPERTY OF THE AUTHORITY, SHALL BE
EXEMPT FROM TAXATION, EXCEPT FOR ESTATE OR GIFT TAXES AND TAXES ON
TRANSFERS.
§ 1500-O. TAX CONTRACT BY THE STATE. THE STATE OF NEW YORK COVENANTS
WITH THE PURCHASERS AND WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES OF
BONDS OR NOTES ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE, IN
CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR THE BONDS OR NOTES,
THAT THE BONDS AND NOTES OF THE AUTHORITY ISSUED PURSUANT TO THIS TITLE
AND THE INCOME THEREFROM, AND ALL MONEYS, FUNDS AND REVENUES PLEDGED TO
PAY OR SECURE THE PAYMENT OF SUCH BONDS OR NOTES SHALL AT ALL TIMES BE
S. 3006--C 119 A. 3006--C
FREE FROM TAXATION EXCEPT FOR ESTATE OR GIFT TAXES AND TAXES ON TRANS-
FERS.
§ 1500-P. REMEDIES OF BONDHOLDERS. 1. IN THE EVENT THAT THE AUTHORITY
SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR INTEREST ON ANY ISSUE OF
THE BONDS AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY OR UPON
CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF
THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY SHALL FAIL OR REFUSE TO
COMPLY WITH THE PROVISIONS OF THIS TITLE, OR SHALL DEFAULT IN ANY AGREE-
MENT MADE WITH THE HOLDERS OF ANY ISSUE OF THE BONDS, THE HOLDERS OF
TWENTY-FIVE PER CENTUM IN AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OF
SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR INSTRUMENTS FILED IN THE
OFFICE OF THE CLERK OF THE COUNTY OF ERIE AND PROVED OR ACKNOWLEDGED IN
THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE TO
REPRESENT THE HOLDERS OF SUCH BONDS FOR THE PURPOSES HEREIN PROVIDED.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING
SHALL, IN SUCH TRUSTEE'S OWN NAME:
(A) BY ACTION OR SPECIAL PROCEEDING ENFORCE ALL RIGHTS OF THE BOND-
HOLDERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT REVEN-
UES ADEQUATE TO CARRY OUT BY ANY AGREEMENT AS TO, OR PLEDGE OF, SUCH
REVENUES, AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER AGREEMENTS
WITH THE HOLDERS OF SUCH BONDS AND TO PERFORM ITS DUTIES UNDER THIS
TITLE;
(B) BRING SUIT UPON SUCH BONDS;
(C) BY ACTION OR SPECIAL PROCEEDING, REQUIRE THE AUTHORITY TO ACCOUNT
AS IF IT WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH
BONDS;
(D) BY ACTION OR SPECIAL PROCEEDING, ENJOIN ANY ACTS OR THINGS WHICH
MAY BE UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH
BONDS;
(E) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD THEN WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE PER
CENTUM OF THE PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, TO ANNUL
SUCH DECLARATION AND ITS CONSEQUENCES.
3. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF BONDHOLDERS. THE VENUE OF ANY
SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF ERIE.
4. BEFORE DECLARING THE PRINCIPAL OF ALL SUCH BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS' NOTICE IN WRITING TO THE
AUTHORITY.
5. ANY SUCH TRUSTEE, WHETHER OR NOT THE ISSUE OF BONDS REPRESENTED BY
SUCH TRUSTEE HAS BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTITLED AS OF
RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PART OR PARTS OF THE
COVERED PROJECT THE REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF
THE BONDS OF SUCH ISSUE, AND SUCH RECEIVER MAY ENTER AND TAKE POSSESSION
OF SUCH PART OR PARTS OF THE COVERED PROJECT AND, SUBJECT TO ANY PLEDGE
OR AGREEMENT WITH BONDHOLDERS, SHALL TAKE POSSESSION OF ALL MONEYS AND
OTHER PROPERTY DERIVED FROM OR APPLICABLE TO THE ACQUISITION,
CONSTRUCTION, OPERATION, MAINTENANCE AND RECONSTRUCTION OF SUCH PART OR
PARTS OF THE COVERED PROJECT AND PROCEED WITH THE ACQUISITION OF ANY
NECESSARY REAL PROPERTY IN CONNECTION WITH THE COVERED PROJECT THAT THE
AUTHORITY HAS COVENANTED TO CONSTRUCT, AND WITH ANY CONSTRUCTION WHICH
THE AUTHORITY IS UNDER OBLIGATION TO DO AND TO OPERATE, MAINTAIN AND
RECONSTRUCT SUCH PART OR PARTS OF THE COVERED PROJECT AND COLLECT AND
RECEIVE ALL REVENUES THEREAFTER ARISING THEREFROM SUBJECT TO ANY PLEDGE
THEREOF OR AGREEMENT WITH BONDHOLDERS RELATING THERETO AND PERFORM THE
S. 3006--C 120 A. 3006--C
PUBLIC DUTIES AND CARRY OUT THE AGREEMENTS AND OBLIGATIONS OF THE
AUTHORITY UNDER THE DIRECTION OF THE COURT. IN ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE, THE FEE, COUNSEL FEES AND EXPENSES OF THE
TRUSTEE AND OF THE RECEIVER, IF ANY, SHALL CONSTITUTE TAXABLE DISBURSE-
MENTS AND ALL COSTS AND DISBURSEMENTS ALLOWED BY THE COURT SHALL BE A
FIRST CHARGE ON ANY REVENUES DERIVED FROM SUCH PROJECT.
6. SUCH TRUSTEE SHALL, IN ADDITION TO THE FOREGOING, HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
§ 1500-Q. ACTIONS AGAINST THE AUTHORITY. 1. IN EVERY ACTION AGAINST
THE AUTHORITY FOR DAMAGES, FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR
FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR DEATH, THE
COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST NINETY DAYS HAVE
ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH SUCH ACTION IS
FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY, OR TO ITS SECRE-
TARY, OR TO ITS CHIEF EXECUTIVE OFFICER AND THAT THE AUTHORITY HAS
NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF FOR NINETY
DAYS AFTER SUCH PRESENTMENT.
2. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE
AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR
THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A
NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. AN ACTION AGAINST THE AUTHORITY
FOR WRONGFUL DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF
CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF
THIS CHAPTER.
§ 1500-R. DEFENSE AND INDEMNIFICATION. THE AUTHORITY SHALL NOT EXECUTE
ANY OF ITS POWERS, EXCEPT AS NECESSARY TO COMMENCE ITS CORPORATE EXIST-
ENCE, UNTIL THE AUTHORITY CONFERS UPON ITS MEMBERS THE PROVISIONS OF
SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW, PURSUANT TO SUBDIVISION TWO
OF SUCH SECTION; PROVIDED, HOWEVER, THAT NOTHING CONTAINED WITHIN THIS
SECTION SHALL BE DEEMED TO PERMIT THE AUTHORITY TO EXTEND THE PROVISIONS
OF SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW UPON ANY INDEPENDENT
CONTRACTOR.
§ 1500-S. CODE OF ETHICS. 1. AS USED IN THIS SECTION, THE TERM
"AUTHORITY EMPLOYEE" SHALL MEAN ANY MEMBER, OFFICER, EMPLOYEE, OR
CONTRACTED EMPLOYEE OF THE AUTHORITY.
2. NO AUTHORITY EMPLOYEE SHALL HAVE ANY INTEREST, FINANCIAL OR OTHER-
WISE, DIRECT OR INDIRECT, OR ENGAGE IN ANY BUSINESS OR TRANSACTION OR
PROFESSIONAL ACTIVITY OR INCUR ANY OBLIGATION OF ANY NATURE, WHICH IS IN
SUBSTANTIAL CONFLICT WITH THE PROPER DISCHARGE OF SUCH AUTHORITY EMPLOY-
EE'S DUTIES IN THE PUBLIC INTEREST.
3. (A) NO AUTHORITY EMPLOYEE SHALL ACCEPT OTHER EMPLOYMENT, WHICH WILL
IMPAIR SUCH AUTHORITY EMPLOYEE'S INDEPENDENCE OF JUDGMENT IN THE EXER-
CISE OF SUCH EMPLOYEE'S OFFICIAL DUTIES.
(B) NO AUTHORITY EMPLOYEE SHALL ACCEPT EMPLOYMENT OR ENGAGE IN ANY
BUSINESS OR PROFESSIONAL ACTIVITY WHICH WILL REQUIRE THE EMPLOYEE TO
DISCLOSE CONFIDENTIAL INFORMATION WHICH SUCH EMPLOYEE HAS GAINED BY
REASON OF THEIR OFFICIAL POSITION OR AUTHORITY.
(C) NO AUTHORITY EMPLOYEE SHALL DISCLOSE CONFIDENTIAL INFORMATION
ACQUIRED BY THE EMPLOYEE IN THE COURSE OF SUCH EMPLOYEE'S OFFICIAL
DUTIES NOR USE SUCH INFORMATION TO FURTHER ANY PERSONAL INTERESTS.
S. 3006--C 121 A. 3006--C
(D) NO AUTHORITY EMPLOYEE SHALL USE OR ATTEMPT TO USE SUCH EMPLOYEE'S
OFFICIAL POSITION TO SECURE UNWARRANTED PRIVILEGES OR EXEMPTIONS FOR
PERSONAL GAIN OR THE PERSONAL GAIN OF OTHERS.
(E) NO AUTHORITY EMPLOYEE SHALL ENGAGE IN ANY TRANSACTION AS REPRESEN-
TATIVE OR AGENT OF THE AUTHORITY WITH ANY BUSINESS ENTITY IN WHICH SUCH
EMPLOYEE HAS A DIRECT OR INDIRECT FINANCIAL INTEREST THAT MIGHT REASON-
ABLY TEND TO CONFLICT WITH THE PROPER DISCHARGE OF SUCH EMPLOYEE'S OFFI-
CIAL DUTIES.
(F) AN AUTHORITY EMPLOYEE SHALL NOT BY SUCH EMPLOYEE'S CONDUCT GIVE
REASONABLE BASIS FOR THE IMPRESSION THAT ANY PERSON CAN IMPROPERLY
INFLUENCE SUCH EMPLOYEE OR UNDULY ENJOY SUCH EMPLOYEE'S FAVOR IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES, OR THAT SUCH EMPLOYEE IS AFFECTED
BY THE KINSHIP, RANK, POSITION OR INFLUENCE OF ANY PARTY OR PERSON.
(G) AN AUTHORITY EMPLOYEE SHALL ABSTAIN FROM MAKING PERSONAL INVEST-
MENTS IN ENTERPRISES WHICH SUCH AUTHORITY EMPLOYEE HAS REASON TO BELIEVE
MAY BE DIRECTLY INVOLVED IN DECISIONS TO BE MADE BY THE EMPLOYEE OR
WHICH WILL OTHERWISE CREATE SUBSTANTIAL CONFLICT BETWEEN SUCH EMPLOYEE'S
DUTY IN THE PUBLIC INTEREST AND THEIR PRIVATE INTEREST.
(H) AN AUTHORITY EMPLOYEE SHALL ENDEAVOR TO PURSUE A COURSE OF CONDUCT
WHICH WILL NOT RAISE SUSPICION AMONG THE PUBLIC THAT SUCH EMPLOYEE IS
LIKELY TO BE ENGAGED IN ACTS THAT ARE IN VIOLATION OF PUBLIC TRUST.
(I) NO AUTHORITY EMPLOYEE WHO IS EMPLOYED ON A FULL-TIME BASIS BY ANY
FIRM, COMPANY, OR ASSOCIATION, IS A MEMBER OF SUCH FIRM, COMPANY OR,
ASSOCIATION, OR OWNS OR CONTROLS, DIRECTLY OR INDIRECTLY, A SUBSTANTIAL
PORTION OF STOCK OF SUCH FIRM, COMPANY, OR ASSOCIATION WHICH SELLS GOODS
OR SERVICES SHALL SELL SUCH GOODS OR SERVICES TO ANY PERSON, FIRM,
CORPORATION OR ASSOCIATION WHICH IS LICENSED OR WHOSE RATES ARE FIXED BY
THE AUTHORITY IN WHICH SUCH EMPLOYEE SERVES OR IS EMPLOYED.
(J) IF ANY AUTHORITY EMPLOYEE SHALL HAVE ANY FINANCIAL INTEREST,
DIRECT OR INDIRECT, HAVING A VALUE OF TEN THOUSAND DOLLARS OR MORE IN
ANY ACTIVITY WHICH IS SUBJECT TO THE JURISDICTION OF A REGULATORY AGEN-
CY, SUCH AUTHORITY EMPLOYEE SHALL FILE WITH THE SECRETARY OF STATE A
WRITTEN STATEMENT THAT SUCH EMPLOYEE HAS SUCH A FINANCIAL INTEREST IN
SUCH ACTIVITY. SUCH STATEMENT SHALL BE OPEN TO PUBLIC INSPECTION.
4. IN ADDITION TO ANY APPLICABLE PROVISION OF LAW, ANY AUTHORITY
EMPLOYEE WHO SHALL KNOWINGLY AND INTENTIONALLY VIOLATE ANY OF THE
PROVISIONS OF THIS SECTION MAY BE FINED, SUSPENDED, OR REMOVED FROM
OFFICE OR EMPLOYMENT.
§ 1500-T. CONTRACTING FOR MUNICIPAL SERVICES. IN ADDITION TO ANY OTHER
GENERAL OR SPECIAL POWERS VESTED IN PUBLIC BENEFIT CORPORATIONS FOR THE
PERFORMANCE OF THEIR RESPECTIVE FUNCTIONS, POWERS OR DUTIES ON AN INDI-
VIDUAL, COOPERATIVE, JOINT, OR CONTRACT BASIS, THE AUTHORITY SHALL HAVE
POWER TO ENTER INTO, AMEND, CANCEL, AND TERMINATE AGREEMENTS WITH THE
CITY OF BUFFALO FOR THE PROVISION AND REIMBURSEMENT OF SERVICES. ANY
AGREEMENT ENTERED INTO HEREUNDER SHALL BE SUBJECT TO PRIOR APPROVAL OF
THE COMMON COUNCIL OF THE CITY OF BUFFALO AND THE AUTHORITY BY A MAJORI-
TY VOTE OF THE VOTING STRENGTH OF ITS GOVERNING BODY.
§ 1500-U. TERMINATION OF AUTHORITY. WHENEVER ALL BONDS OR NOTES ISSUED
BY THE AUTHORITY SHALL HAVE BEEN REDEEMED OR CANCELLED, AND ALL TRANS-
ACTIONS, DEBT, AND SUCH OTHER OBLIGATIONS HAVE BEEN SATISFIED OR OTHER-
WISE TERMINATED, THE AGENCY SHALL CEASE TO EXIST AND ALL RIGHTS, TITLES,
INTEREST, AND ASSETS THEREOF VESTED IN OR POSSESSED BY THE AUTHORITY
SHALL THEREUPON VEST IN AND BE POSSESSED BY THE CITY OF BUFFALO.
§ 1500-V. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEFFEC-
TIVE. IF ANY SECTION, CLAUSE OR PROVISION OF THIS TITLE SHALL BE UNCON-
STITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT
S. 3006--C 122 A. 3006--C
IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND EFFECTIVE
AND NO OTHER SECTION, CLAUSE OR PROVISION SHALL ON ACCOUNT THEREOF BE
DEEMED INVALID OR INEFFECTIVE.
§ 1500-W. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY
OTHER ACT, GENERAL OR SPECIAL, OR OF ANY LOCAL LAW OF THE CITY, THE
PROVISIONS OF THIS TITLE SHALL BE CONTROLLING.
§ 2. This act shall take effect immediately.
PART KK
Section 1. Paragraph (a) of subdivision 1 of section 518 of the labor
law, as amended by section 1 of part O of chapter 57 of the laws of
2013, is amended to read as follows:
(a) "Wages" means all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after eight
thousand five hundred dollars have been paid to such employee by such
employer with respect to employment during any calendar year, except
that such term does not include remuneration paid to an employee by an
employer with respect to employment during any calendar year beginning
with the first day of
that exceeds
January 2014 $10,300
January 2015 $10,500
January 2016 $10,700
January 2017 $10,900
January 2018 $11,100
January 2019 $11,400
January 2020 $11,600
January 2021 $11,800
January 2022 $12,000
January 2023 $12,300
January 2024 $12,500
January 2025 $12,800
[January 2026 $13,000]
and each year thereafter on the first day of January that exceeds
[sixteen] EIGHTEEN percent of the state's average annual wage as deter-
mined by the commissioner on an annual basis pursuant to section five
hundred twenty-nine of this [article] TITLE; provided, however, that in
calculating such maximum amount of remuneration, the amount arrived at
by multiplying the state's average annual wage times [sixteen] EIGHTEEN
percent shall be rounded up to the nearest hundred dollars. In no event
shall the state's annual average wage be reduced from the amount deter-
mined in the previous year. The term "employment" includes for the
purposes of this subdivision services constituting employment under any
unemployment compensation law of another state or the United States.
§ 2. Subdivision 1 of section 529 of the labor law, as added by
section 3 of part O of chapter 57 of the laws of 2013, is amended to
read as follows:
1. The "average annual wage" shall be the average annual wage of the
state of New York for the previous calendar year as determined by the
commissioner no later than the thirty-first day of May of each year.
FOR PURPOSES OF CALCULATING "WAGES" PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION ONE OF SECTION FIVE HUNDRED EIGHTEEN OF THIS TITLE ONLY, THE
"AVERAGE ANNUAL WAGE" SHALL BE CALCULATED USING THE FOUR MOST RECENT
S. 3006--C 123 A. 3006--C
QUARTERS OF PUBLISHED NEW YORK STATE QUARTERLY CENSUS OF EMPLOYMENT AND
WAGES DATA.
§ 3. Subdivision 5 of section 590 of the labor law, as amended by
section 8, paragraph (b) as added by section 10 of part O of chapter 57
of the laws of 2013 and paragraph (c) as added by chapter 277 of the
laws of 2021, is amended to read as follows:
5. Benefit rate. (a) A claimant's weekly benefit amount shall be one
twenty-sixth of the remuneration paid during the highest calendar quar-
ter of the base period by employers, liable for contributions or
payments in lieu of contributions under this article, provided the
claimant has remuneration paid in all four calendar quarters during [his
or her] SUCH CLAIMANT'S base period or alternate base period. However,
for any claimant who has remuneration paid in all four calendar quarters
during [his or her] SUCH CLAIMANT'S base period or alternate base period
and whose high calendar quarter remuneration during the base period is
three thousand five hundred seventy-five dollars or less, the benefit
amount shall be one twenty-fifth of the remuneration paid during the
highest calendar quarter of the base period by employers liable for
contributions or payments in lieu of contributions under this article. A
claimant's weekly benefit shall be one twenty-sixth of the average
remuneration paid in the two highest quarters paid during the base peri-
od or alternate base period by employers liable for contributions or
payments in lieu of contributions under this article when the claimant
has remuneration paid in two or three calendar quarters provided howev-
er, that a claimant whose high calendar quarter is four thousand dollars
or less but greater than three thousand five hundred seventy-five
dollars shall have a weekly benefit amount of one twenty-sixth of such
high calendar quarter. However, for any claimant who has remuneration
paid in two or three calendar quarters during [his or her] SUCH CLAIM-
ANT'S base period or alternate base period and whose high calendar quar-
ter remuneration during the base period is three thousand five hundred
seventy-five dollars or less, the benefit amount shall be one twenty-
fifth of the remuneration paid during the highest calendar quarter of
the base period by employers liable for contributions or payments in
lieu of contributions under this article. Any claimant whose high calen-
dar quarter remuneration during the base period is more than three thou-
sand five hundred seventy-five dollars shall not have a weekly benefit
amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a multiple of one dollar shall be
lowered to the next multiple of one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five dollars nor be less than forty
dollars, until the first Monday of September, two thousand, at which
time the maximum benefit payable pursuant to this subdivision shall
equal one-half of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. On and after the first Monday of October, two thousand fourteen,
the weekly benefit shall not be less than one hundred dollars, nor shall
it exceed four hundred twenty dollars until the first Monday of October,
two thousand fifteen when the maximum benefit amount shall be four
hundred twenty-five dollars, until the first Monday of October, two
thousand sixteen when the maximum benefit amount shall be four hundred
thirty dollars, until the first Monday of October, two thousand seven-
teen when the maximum benefit amount shall be four hundred thirty-five
dollars, until the first Monday of October, two thousand eighteen when
S. 3006--C 124 A. 3006--C
the maximum benefit amount shall be four hundred fifty dollars, until
the first Monday of October, two thousand nineteen when the maximum
benefit amount shall be thirty-six percent of the average weekly wage
until the first Monday of October[, two thousand twenty when the maximum
benefit amount shall be thirty-eight percent of the average weekly wage,
until the first Monday of October two thousand twenty-one when the maxi-
mum benefit amount shall be forty percent of the average weekly wage,
until the first Monday of October, two thousand twenty-two when the
maximum benefit amount shall be forty-two percent of the average weekly
wage, until the first Monday of October, two thousand twenty-three when
the maximum benefit amount shall be forty-four percent of the average
weekly wage, until the first Monday of October, two thousand twenty-four
when the maximum benefit amount shall be forty-six percent of the aver-
age weekly wage, until the first Monday of October], two thousand twen-
ty-five when the maximum benefit amount shall be [forty-eight percent of
the average weekly wage] EIGHT HUNDRED SIXTY-NINE DOLLARS, until the
first Monday of October, two thousand twenty-six and each year thereaft-
er on the first Monday of October when the maximum benefit amount shall
be fifty percent of the average weekly wage provided, however, that in
no event shall the maximum benefit amount be reduced from the previous
year.
(b) Notwithstanding the foregoing, EXCEPT FOR THE INCREASE TO THE
MAXIMUM BENEFIT AMOUNT THAT IS SCHEDULED TO OCCUR ON THE FIRST MONDAY OF
OCTOBER IN THE YEAR TWO THOUSAND TWENTY-FIVE, the maximum benefit amount
shall not be increased in accordance with the schedule set forth in
paragraph (a) of this subdivision in any year in which the balance of
the fund is determined by the commissioner to not have reached or
exceeded thirty percent of the average high cost multiple, as defined in
20 CFR Part 606 as the standard for receipt of interest-free federal
loans, on at least one day between April first and June thirtieth of the
same calendar year as the increase shall take effect. If, following such
suspension of an increase in the maximum benefit amount, the commission-
er shall determine, on at least one day between April first and June
thirtieth that the balance of the fund is greater than such thirty
percent average high cost multiple, then the maximum benefit amount
shall increase to the percentage for the year previously scheduled to be
established pursuant to paragraph (a) of this subdivision had the
increase not been suspended and increased annually thereafter in accord-
ance with the schedule set forth in paragraph (a) of this subdivision.
In no case shall such suspension result in a reduction of the maximum
benefit amount to less than the amount provided in the most recent year.
(c) Benefit for partial unemployment. [Except as provided in paragraph
(d) of this subdivision, any] ANY claimant who is partially unemployed
with respect to any effective week shall be paid, with respect to such
effective week, a benefit equal to [his] THEIR weekly benefit rate less
the total of the remuneration, if any, paid or payable to [him] THEM
with respect to such week for services performed which is in excess of
[his] THEIR partial benefit credit.
§ 4. This act shall take effect upon the transfer of sufficient funds,
as determined by the commissioner of labor, to the unemployment insur-
ance trust fund to permit changes to provisions of the labor law made by
this act; provided the commissioner of labor shall notify the legisla-
tive bill drafting commission of such transfer of such sufficient funds
in order that the commission may maintain an accurate and timely effec-
tive database of the official text of the laws of the state of New York
S. 3006--C 125 A. 3006--C
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.
PART LL
Section 1. Paragraph (c) of subdivision 1 of section 245.10 of the
criminal procedure law, as added by section 2 of part LLL of chapter 59
of the laws of 2019, is amended to read as follows:
(c) The prosecution shall disclose statements of the defendant as
described in paragraph (a) of subdivision one of section 245.20 of this
article to any defendant who has been arraigned in a local criminal
court upon a currently undisposed of felony complaint charging an
offense which is a subject of a prospective or pending grand jury
proceeding, no later than forty-eight hours before the time scheduled
for the defendant to testify at a grand jury proceeding pursuant to
subdivision five of section 190.50 of this part. PROVIDED, HOWEVER, THAT
IF NO GRAND JURY IS OPEN AND AVAILABLE TO HEAR CASES IN THE TIME FRAME
NECESSARY TO ALLOW THE PROSECUTION TO PROVIDE A FORTY-EIGHT HOUR NOTICE,
SUCH STATEMENT SHALL BE PROVIDED NO LATER THAN TWENTY-FOUR HOURS PRIOR
TO THE SCHEDULED TIME FOR THE DEFENDANT TO TESTIFY BEFORE THE GRAND JURY
PURSUANT TO SUBDIVISION FIVE OF SECTION 190.50 OF THIS PART.
§ 2. The opening paragraph, paragraphs (a), (b), (e), (h), (i), (k),
(l), (m), (n) and subparagraph (i) of paragraph (u) of subdivision 1,
and subdivisions 2 and 6 of section 245.20 of the criminal procedure
law, as added by section 2 of part LLL of chapter 59 of the laws of
2019, are amended, and subdivision 1 is amended by adding a new para-
graph (v) to read as follows:
The prosecution shall disclose to the defendant, and permit the
defendant to discover, inspect, copy, photograph and test[, all items]
THE FOLLOWING MATERIAL and information [that relate to the subject
matter of the case and are] in the possession, custody or control of the
prosecution or persons under the prosecution's direction or control[,
including but not limited to]:
(a) All written or recorded statements, and the substance of all oral
statements, made by the defendant or a co-defendant to a public servant
engaged in law enforcement activity or to a person then acting under
[his or her] THEIR direction or in cooperation with [him or her] THEM
THAT RELATE TO THE SUBJECT MATTER OF THE CHARGES AGAINST THE DEFENDANT
OR CO-DEFENDANT IN THE INSTANT CASE, OR A DEFENSE THERETO.
(b) All transcripts of the testimony of a person who has testified
before a grand jury THAT RELATE TO THE SUBJECT MATTER OF THE CHARGES
AGAINST THE DEFENDANT IN THE INSTANT CASE, including but not limited to
the defendant or a co-defendant. If in the exercise of reasonable dili-
gence, and due to the limited availability of transcription resources, a
transcript is unavailable for disclosure within the time period speci-
fied in subdivision one of section 245.10 of this article, such time
period may be stayed by up to an additional thirty calendar days without
need for a motion pursuant to subdivision two of section 245.70 of this
article; except that such disclosure shall be made as soon as practica-
ble and not later than thirty calendar days before the first scheduled
trial date, unless an order is obtained pursuant to section 245.70 of
this article. When the court is required to review grand jury tran-
scripts, the prosecution shall disclose such transcripts to the court
expeditiously upon receipt by the prosecutor, notwithstanding the other-
wise-applicable time periods for disclosure in this article.
S. 3006--C 126 A. 3006--C
(e) All statements RELATED TO THE SUBJECT MATTER OF THE CASE, written
or recorded or summarized in any writing or recording, made by persons
who have evidence or information relevant to any offense charged or to
any potential defense thereto, including all police reports, notes of
police and other investigators, [and] law enforcement agency reports[.
This provision also includes], AND statements, written or recorded or
summarized in any writing or recording, by persons to be called as
witnesses at pre-trial hearings.
(h) All photographs and drawings THAT RELATE TO THE SUBJECT MATTER OF
THE CHARGES AGAINST THE DEFENDANT IN THE INSTANT CASE OR A DEFENSE THER-
ETO made or completed by a public servant engaged in law enforcement
activity, or which were made by a person whom the prosecutor intends to
call as a witness at trial or a pre-trial hearing[, or which relate to
the subject matter of the case].
(i) All photographs, photocopies and reproductions made by or at the
direction of law enforcement personnel of any property THAT RELATE TO
THE SUBJECT MATTER OF THE CHARGES AGAINST THE DEFENDANT IN THE INSTANT
CASE OR A DEFENSE THERETO prior to its release pursuant to section
450.10 of the penal law.
(k) All evidence and information THAT RELATE TO THE SUBJECT MATTER OF
THE CASE, including that which is known to police or other law enforce-
ment agencies acting on the government's behalf in the case, that tends
to: (i) negate the defendant's guilt as to a charged offense; (ii)
reduce the degree of or mitigate the defendant's culpability as to a
charged offense; (iii) support a potential defense to a charged offense;
(iv) impeach the credibility of a testifying prosecution witness; (v)
undermine evidence of the defendant's identity as a perpetrator of a
charged offense; (vi) provide a basis for a motion to suppress evidence;
or (vii) mitigate punishment. Information under this subdivision shall
be disclosed whether or not such information is recorded in tangible
form and irrespective of whether the prosecutor credits the information.
The prosecutor shall disclose the information expeditiously upon its
receipt and shall not delay disclosure if it is obtained earlier than
the time period for disclosure in subdivision one of section 245.10 of
this article.
(l) A summary of all promises, rewards and inducements made IN
CONNECTION WITH THE INSTANT CASE to, or in favor of, persons who may be
called as witnesses, as well as requests for consideration by persons
who may be called as witnesses and copies of all documents relevant to a
promise, reward or inducement.
(m) A list of all tangible objects obtained from, or allegedly
possessed by, the defendant or a co-defendant IN CONNECTION WITH THE
CRIMINAL ACTION OR PROCEEDING. The list shall include a designation by
the prosecutor as to which objects were physically or constructively
possessed by the defendant and were recovered during a search or seizure
by a public servant or an agent thereof, and which tangible objects were
recovered by a public servant or an agent thereof after allegedly being
abandoned by the defendant. If the prosecution intends to prove the
defendant's possession of any tangible objects by means of a statutory
presumption of possession, it shall designate such intention as to each
such object. If reasonably practicable, the prosecution shall also
designate the location from which each tangible object was recovered.
There is also a right to inspect, copy, photograph and test the listed
tangible objects.
(n) Whether a search warrant has been executed IN CONNECTION WITH THE
CRIMINAL ACTION OR PROCEEDING and all documents relating thereto,
S. 3006--C 127 A. 3006--C
including but not limited to the warrant, the warrant application,
supporting affidavits, a police inventory of all property seized under
the warrant, and a transcript of all testimony or other oral communi-
cations offered in support of the warrant application.
(i) A copy of all electronically created or stored information seized
or obtained by or on behalf of law enforcement from: (A) the defendant
as described in subparagraph (ii) of this paragraph; or (B) a source
other than the defendant which relates to the subject matter of the
CHARGES AGAINST THE DEFENDANT IN THE INSTANT case OR A DEFENSE THERETO.
(V) ANY OTHER MATERIAL AND INFORMATION RELEVANT TO THE SUBJECT MATTER
OF THE CHARGES AGAINST THE DEFENDANT IN THE INSTANT CASE OR A DEFENSE
THERETO THAT ARE NOT DESIGNATED IN PARAGRAPHS (A) THROUGH (U) OF THIS
SUBDIVISION.
2. Duties of the prosecution. The prosecutor shall make a diligent,
good faith effort to ascertain the existence of material or information
discoverable under subdivision one of this section and to cause such
material or information to be made available for discovery where it
exists but is not within the prosecutor's possession, custody or
control[; provided that the prosecutor shall not be required to obtain
by subpoena duces tecum material or information which the defendant may
thereby obtain]. THE PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN MATERIAL
OR INFORMATION IF IT MAY BE OBTAINED WITH USE OF A SUBPOENA DUCES TECUM
WHERE THE DEFENSE IS ABLE TO OBTAIN THE SAME MATERIAL WITH THE USE OF A
SUBPOENA DUCES TECUM. For purposes of subdivision one of this section,
all items and information related to the prosecution of a charge in the
possession of any New York state or local police or law enforcement
agency shall be deemed to be in the possession of the prosecution. The
prosecution shall also identify any laboratory having contact with
evidence related to the prosecution of a charge. This subdivision shall
not require the prosecutor to ascertain the existence of witnesses not
known to the police or another law enforcement agency, or the written or
recorded statements thereof, under paragraph (c) or (e) of subdivision
one of this section.
6. Redactions permitted. (A) Either party may redact THE FOLLOWING
WITHOUT THE NEED TO MOVE FOR A PROTECTIVE ORDER PURSUANT TO SECTION
245.70 OF THIS ARTICLE: social security numbers [and]; tax numbers [from
disclosures under this article]; THE PHYSICAL ADDRESSES OR OTHER FORMS
OF CONTACT INFORMATION OF WITNESSES, PROVIDED THAT FOR ANY WITNESS
DISCLOSED UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, THE
DISCLOSING PARTY PROVIDES AT LEAST ONE FORM OF ADEQUATE CONTACT INFORMA-
TION; AND MATERIAL OR INFORMATION NOT OTHERWISE REQUIRED TO BE DISCLOSED
UNDER SUBDIVISION ONE OF THIS SECTION, SO LONG AS THE PARTY MAKING
REDACTIONS BASED ON THE MATERIAL NOT BEING REQUIRED TO BE DISCLOSED
UNDER SUBDIVISION ONE OF THIS SECTION PROVIDES THE UNDERLYING REASON FOR
THE REDACTIONS.
(B) IF THE CONTACT INFORMATION DISCLOSED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION IS INCORRECT OR INOPERATIVE, THE PARTY THAT MADE THE
DISCLOSURE SHALL, UPON REQUEST, FURNISH AN ALTERNATIVE FORM OF ADEQUATE
CONTACT INFORMATION FOR SUCH WITNESS.
§ 3. Subdivision 1 of section 245.30 of the criminal procedure law, as
added by section 2 of part LLL of chapter 59 of the laws of 2019, is
amended to read as follows:
1. Order to preserve evidence. At any time, a party may move for a
court order to any individual, agency or other entity in possession,
custody or control of items which [relate to the subject matter of the
case or are otherwise relevant] ARE REQUIRED TO BE DISCLOSED UNDER
S. 3006--C 128 A. 3006--C
SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE, requiring that such
items be preserved for a specified period of time. The court shall hear
and rule upon such motions expeditiously. The court may modify or vacate
such an order upon a showing that preservation of particular evidence
will create significant hardship to such individual, agency or entity,
on condition that the probative value of that evidence is preserved by a
specified alternative means.
§ 4. Subdivisions 1, 3 and 4 of section 245.50 of the criminal proce-
dure law, subdivisions 1 and 3 as amended by section 7 of part HHH of
chapter 56 of the laws of 2020 and subdivision 4 as amended by section 1
of subpart D of part UU of chapter 56 of the laws of 2022, are amended
and two new subdivisions 5 and 6 are added to read as follows:
1. By the prosecution. When the prosecution has [provided], PURSUANT
TO THIS SECTION, EXERCISED DUE DILIGENCE AND ACTED IN GOOD FAITH IN
MAKING REASONABLE INQUIRIES AND EFFORTS TO OBTAIN AND PROVIDE the
discovery required by subdivision one of section 245.20 of this article,
except for discovery that is lost or destroyed as provided by paragraph
(b) of subdivision one of section 245.80 of this article and except for
any [items] MATERIAL or information that [are] IS the subject of an
order pursuant to section 245.70 of this article, it shall serve upon
the defendant and file with the court a certificate of compliance. The
certificate of compliance shall state that, after exercising due dili-
gence and making reasonable inquiries AND EFFORTS to ascertain the
existence of, OBTAIN, AND DISCLOSE material and information subject to
discovery, the [prosecutor] PROSECUTION has disclosed and made available
all known material and information IT HAS OBTAINED subject to discovery.
It shall also identify the items provided. [If additional discovery is
subsequently provided] THE PROSECUTION SHALL ALSO IDENTIFY THE ITEMS
THAT THE PROSECUTION IS REQUIRED TO DISCLOSE AND OF WHICH THE PROSE-
CUTION IS AWARE, BUT HAS BEEN UNABLE TO OBTAIN DESPITE THE EXERCISE OF
DUE DILIGENCE AS EVALUATED UNDER THIS SECTION. IF THE PROSECUTION
PROVIDES ADDITIONAL DISCOVERY prior to trial pursuant to section 245.60
of this article, a supplemental certificate shall be served upon the
defendant and filed with the court identifying the additional material
and information provided. No adverse consequence to the prosecution or
the prosecutor shall result from the filing of a certificate of compli-
ance in good faith and reasonable under the circumstances; but the court
may grant a remedy or sanction for a discovery violation as provided in
section 245.80 of this article. THE FILING OF A SUPPLEMENTAL CERTIFICATE
OF COMPLIANCE SHALL NOT IMPACT THE VALIDITY OF THE ORIGINAL CERTIFICATE
OF COMPLIANCE IF FILED IN GOOD FAITH AND AFTER EXERCISING DUE DILIGENCE
AS ASSESSED UNDER THIS SECTION.
3. Trial readiness. Notwithstanding the provisions of any other law,
absent an individualized finding of special circumstances in the instant
case by the court before which the charge is pending, the prosecution
shall not be deemed ready for trial for purposes of section 30.30 of
this chapter until it has filed a [proper] VALID certificate pursuant to
subdivision one of this section. A court may deem the prosecution ready
for trial pursuant to section 30.30 of this chapter where information
that might be considered discoverable under this article cannot be
disclosed because it has been lost, destroyed, or otherwise unavailable
as provided by paragraph (b) of subdivision one of section 245.80 of
this article, despite diligent and good faith efforts, reasonable under
the circumstances. Provided, however, that the court may grant a remedy
or sanction for a discovery violation as provided by section 245.80 of
this article.
S. 3006--C 129 A. 3006--C
4. CHALLENGES. (a) Challenges to, or questions related to a certif-
icate of compliance shall be addressed by motion.
(b) To the extent that the party is aware of a potential defect or
deficiency related to a certificate of compliance or supplemental
certificate of compliance, the party entitled to disclosure shall notify
or alert the opposing party [as soon as practicable] IN ACCORDANCE WITH
THE PROCEDURE SET FORTH IN THIS SUBDIVISION.
(c) Challenges [related to the sufficiency] TO THE VALIDITY of a
certificate of compliance or supplemental certificates of compliance
SERVED ON THE DEFENSE AND FILED WITH THE COURT PURSUANT TO SUBDIVISION
ONE OF THIS SECTION shall be addressed by motion [as soon as practica-
ble, provided that nothing in this section shall be construed to waive a
party's right to make further challenges, including but not limited to a
motion pursuant to section 30.30 of this chapter] WITHIN THIRTY-FIVE
DAYS OF THE SERVICE OF THE CERTIFICATE PROVIDED THAT THE PROSECUTION HAS
FILED AN INDICTMENT OR INFORMATION PRIOR TO FILING THE CERTIFICATE OF
COMPLIANCE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE A
PARTY'S RIGHT TO FILE A MOTION PURSUANT TO SECTION 30.30 OF THIS CHAPTER
ON GROUNDS UNRELATED TO THE VALIDITY OF A CERTIFICATE OF COMPLIANCE.
PROVIDED, HOWEVER, THAT ANY CHALLENGES TO A CERTIFICATE OF COMPLIANCE OR
SUPPLEMENTAL CERTIFICATE OF COMPLIANCE SHALL BE ACCOMPANIED BY AN AFFIR-
MATION BY THE MOVING PARTY THAT, AFTER THE FILING OF THE OPPOSING
PARTY'S CERTIFICATE OF COMPLIANCE, SUCH MOVING PARTY TIMELY CONFERRED IN
GOOD FAITH OR TIMELY MADE GOOD FAITH EFFORTS TO CONFER WITH THE OPPOSING
PARTY REGARDING THE SPECIFIC AND PARTICULARIZED MATTERS FORMING THE
BASIS FOR SUCH CHALLENGE, THAT EFFORTS TO OBTAIN THE MISSING DISCOVERY
FROM THE OPPOSING PARTY OR OTHERWISE RESOLVE THE ISSUES RAISED WERE
UNSUCCESSFUL, AND THAT NO ACCOMMODATION COULD BE REACHED. FOR THE
PURPOSES OF THIS SUBDIVISION, THE PARTIES MAY CONFER INFORMALLY, INCLUD-
ING BUT NOT LIMITED TO COMMUNICATION BY EMAIL, TELEPHONE, OR ANY OTHER
REASONABLE MEANS.
(I) UPON REQUEST, THE COURT MAY EXTEND THE TIME PERIOD TO CHALLENGE A
CERTIFICATE OF COMPLIANCE OR SUPPLEMENTAL CERTIFICATE OF COMPLIANCE
BEYOND THE THIRTY-FIVE DAYS FOR GOOD CAUSE SHOWN. A REQUEST FOR EXTEN-
SION SHALL BE MADE BEFORE THE EXPIRATION OF THE THIRTY-FIVE DAYS. UNLESS
THE COURT FINDS THAT THE PROSECUTOR UNREASONABLY DELAYED IN RESPONDING
TO THE DEFENSE'S GOOD FAITH EFFORTS TO CONFER OR THAT THE PROSECUTOR DID
NOT FILE THE CERTIFICATE OF COMPLIANCE IN GOOD FAITH, ANY SUCH EXTENSION
SHALL BE EXCLUDED FROM A SPEEDY TRIAL CALCULATION PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION FOUR OF SECTION 30.30 OF THIS CHAPTER.
(II) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A PARTY MAY
CHALLENGE THE VALIDITY OF THE CERTIFICATE OF COMPLIANCE AFTER THE EXPI-
RATION OF THE THIRTY-FIVE DAY PERIOD WHERE THE GROUNDS FOR SUCH CHAL-
LENGE ARE BASED UPON A MATERIAL CHANGE IN CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO THE BELATED DISCLOSURE OF DISCOVERABLE MATERIAL PURSUANT
TO SECTION 245.20 OF THIS ARTICLE, OR, WHERE THE PARTY ENTITLED TO
DISCLOSURE COULD NOT, WITH DUE DILIGENCE, HAVE KNOWN OF THE SPECIFIC AND
PARTICULARIZED MATTERS FORMING THE BASIS OF THE CHALLENGE PRIOR TO THE
EXPIRATION OF SUCH PERIOD.
(III) NOTHING IN THIS SUBDIVISION SHALL LIMIT THE COURT'S AUTHORITY TO
FACILITATE COMPLIANCE PURSUANT TO SECTION 245.35 OF THIS ARTICLE. ANY
EXTENSION OF TIME GRANTED PURSUANT TO SECTION 245.35 SHALL BE EXCLUDED
FROM A SPEEDY TRIAL CALCULATION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF SECTION 30.30 OF THIS CHAPTER.
5. ASSESSING DUE DILIGENCE. IN ASSESSING A PARTY'S DUE DILIGENCE, THE
COURT SHALL LOOK AT THE TOTALITY OF THE PARTY'S EFFORTS TO COMPLY WITH
S. 3006--C 130 A. 3006--C
THE PROVISIONS OF THIS ARTICLE, RATHER THAN ASSESS THE PARTY'S EFFORTS
ITEM BY ITEM.
(A) RELEVANT FACTORS FOR ASSESSING THE PROSECUTOR'S DUE DILIGENCE
INCLUDE, BUT ARE NOT LIMITED TO: THE EFFORTS MADE BY THE PROSECUTOR TO
COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE; THE VOLUME OF DISCOVERY
PROVIDED AND THE VOLUME OF DISCOVERY OUTSTANDING; THE COMPLEXITY OF THE
CASE; WHETHER THE PROSECUTOR KNEW THAT THE BELATEDLY DISCLOSED OR
ALLEGEDLY MISSING MATERIAL EXISTED; THE EXPLANATION FOR ANY ALLEGED
DISCOVERY LAPSE; THE PROSECUTOR'S RESPONSE WHEN APPRISED OF ANY ALLEGED-
LY MISSING DISCOVERY; WHETHER THE BELATED DISCOVERY WAS SUBSTANTIVELY
DUPLICATIVE, INSIGNIFICANT, OR EASILY REMEDIED; WHETHER THE OMISSION WAS
CORRECTED; WHETHER THE PROSECUTION SELF-REPORTED THE ERROR AND TOOK
PROMPT REMEDIAL ACTION WITHOUT COURT INTERVENTION; AND WHETHER THE PROS-
ECUTION'S DELAYED DISCLOSURE OF DISCOVERY WAS PREJUDICIAL TO THE DEFENSE
OR OTHERWISE IMPEDED THE DEFENSE'S ABILITY TO EFFECTIVELY INVESTIGATE
THE CASE OR PREPARE FOR TRIAL.
(B) THE COURT'S DETERMINATION SHALL BE BASED ON CONSIDERATION OF ALL
FACTORS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND NO ONE FACTOR
SHALL BE DETERMINATIVE. THE COURT SHALL EXPLAIN THE BASIS FOR ITS
DETERMINATION ON THE RECORD OR IN WRITING.
(C) A FINDING OF A VALID CERTIFICATE UNDER THIS SECTION SHALL CONSTI-
TUTE A VALID CERTIFICATE PURSUANT TO SUBDIVISION FIVE OF SECTION 30.30
OF THIS CHAPTER. UPON A FINDING OF A VALID CERTIFICATE, THE COURT SHALL,
IF WARRANTED, FASHION AN APPROPRIATE AND PROPORTIONAL REMEDY FOR ANY
DISCOVERY VIOLATION RESULTING FROM THE BELATED DISCLOSURE PURSUANT TO
SUBDIVISION TWO OF SECTION 245.80 OF THIS ARTICLE.
6. DETERMINATIONS BY THE COURT. NOTWITHSTANDING ANY OTHER SECTION OF
LAW TO THE CONTRARY, A COURT SHALL NOT INVALIDATE A CERTIFICATE OF
COMPLIANCE WHERE THE PARTY HAS EXERCISED DUE DILIGENCE AND ACTED IN GOOD
FAITH IN MAKING REASONABLE INQUIRIES AND EFFORTS TO OBTAIN AND PROVIDE
THE MATERIAL REQUIRED TO BE DISCLOSED PURSUANT TO SECTION 245.20 OF THIS
ARTICLE.
§ 5. The criminal procedure law is amended by adding a new section
245.90 to read as follows:
§ 245.90 FEDERAL AND STATE CONSTITUTIONAL OBLIGATIONS.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT THE PEOPLE'S OBLI-
GATIONS TO COMPLY WITH FEDERAL AND STATE CONSTITUTIONAL LAW.
§ 6. Subdivision 5 of section 30.30 of the criminal procedure law, as
amended by section 1 of part KKK of chapter 59 of the laws of 2019, is
amended to read as follows:
5. (A) Whenever pursuant to this section a prosecutor states or other-
wise provides notice that the people are ready for trial, the court
shall make inquiry on the record as to their actual readiness. If, after
conducting its inquiry, the court determines that the people are not
ready to proceed to trial, the prosecutor's statement or notice of read-
iness shall not be valid for purposes of this section. [Any statement of
trial readiness must be accompanied or preceded by a certification of
good faith compliance with the disclosure requirements of section 245.20
of this chapter and the defense shall be afforded an opportunity to be
heard on the record as to whether the disclosure requirements have been
met.] THE COURT MAY DEEM THE PEOPLE NOT READY FOR TRIAL BASED ON THE
PEOPLE'S FAILURE TO COMPLY WITH THE PROVISIONS OF ARTICLE TWO HUNDRED
FORTY-FIVE OF THIS CHAPTER ONLY IF IT FINDS THAT THE PEOPLE'S CERTIF-
ICATE OF COMPLIANCE THAT ACCOMPANIED OR PRECEDED THE PEOPLE'S STATEMENT
OF READINESS AT ISSUE WAS INVALID UNDER SECTION 245.50 OF THIS CHAPTER.
S. 3006--C 131 A. 3006--C
(B) PURSUANT TO SECTION 245.50 OF THIS CHAPTER, THE CERTIFICATE OF
COMPLIANCE IS DEEMED INVALID WHEN THE COURT DETERMINED THAT THE PEOPLE
DID NOT EXERCISE DUE DILIGENCE AND, IN MAKING SUCH DETERMINATION, THE
COURT LOOKED AT THE TOTALITY OF THE PROSECUTION'S EFFORTS TO COMPLY WITH
THE PROVISIONS OF ARTICLE TWO HUNDRED FORTY-FIVE OF THIS CHAPTER, RATHER
THAN ASSESS THE PROSECUTION'S EFFORTS ITEM BY ITEM, AND CONSIDERED THE
FACTORS RELEVANT TO ASSESSING DUE DILIGENCE, WHICH INCLUDE, BUT ARE NOT
LIMITED TO: THE EFFORTS MADE BY THE PROSECUTOR TO COMPLY WITH THE
REQUIREMENTS OF ARTICLE TWO HUNDRED FORTY-FIVE OF THIS CHAPTER; THE
VOLUME OF DISCOVERY PROVIDED AND THE VOLUME OF DISCOVERY OUTSTANDING;
THE COMPLEXITY OF THE CASE; WHETHER THE PROSECUTOR KNEW THAT THE BELAT-
EDLY DISCLOSED OR ALLEGEDLY MISSING MATERIAL EXISTED; THE EXPLANATION
FOR ANY ALLEGED DISCOVERY LAPSE; THE PROSECUTOR'S RESPONSE WHEN APPRISED
OF ANY ALLEGEDLY MISSING DISCOVERY; WHETHER THE BELATED DISCOVERY WAS
SUBSTANTIVELY DUPLICATIVE, INSIGNIFICANT, OR EASILY REMEDIED; WHETHER
THE OMISSION WAS CORRECTED; WHETHER THE PROSECUTION SELF-REPORTED THE
ERROR AND TOOK PROMPT REMEDIAL ACTION WITHOUT COURT INTERVENTION; AND
WHETHER THE PROSECUTION'S DELAYED DISCLOSURE OF DISCOVERY WAS PREJUDI-
CIAL TO THE DEFENSE OR OTHERWISE IMPEDED THE DEFENSE'S ABILITY TO EFFEC-
TIVELY INVESTIGATE THE CASE OR PREPARE FOR TRIAL.
§ 7. Section 245.70 of the criminal procedure law is amended by adding
a new subdivision 8 to read as follows:
8. A MOTION FILED IN GOOD FAITH PURSUANT TO SUBDIVISION ONE OR TWO OF
THIS SECTION SHALL BE DEEMED A PRE-TRIAL MOTION FOR THE PURPOSES OF
PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION 30.30 OF THIS CHAPTER.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all criminal actions pending on
such date and all actions commenced on or after such date. Any time-
frames provided in this act regarding the time limitation to challenge a
certificate of compliance shall run from the effective date of this act.
PART MM
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
S. 3006--C 132 A. 3006--C
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Financial control board account (21911).
26. Regulation of racing account (21912).
27. State university dormitory income reimbursable account (21937).
28. Criminal justice improvement account (21945).
29. Environmental laboratory reference fee account (21959).
30. Training, management and evaluation account (21961).
31. Clinical laboratory reference system assessment account (21962).
32. Indirect cost recovery account (21978).
33. Multi-agency training account (21989).
34. Bell jar collection account (22003).
35. Industry and utility service account (22004).
36. Real property disposition account (22006).
37. Parking account (22007).
38. Courts special grants (22008).
39. Asbestos safety training program account (22009).
40. Batavia school for the blind account (22032).
41. Investment services account (22034).
42. Surplus property account (22036).
43. Financial oversight account (22039).
44. Regulation of Indian gaming account (22046).
45. Rome school for the deaf account (22053).
46. Seized assets account (22054).
47. Administrative adjudication account (22055).
48. New York City assessment account (22062).
49. Cultural education account (22063).
50. Local services account (22078).
51. DHCR mortgage servicing account (22085).
52. Housing indirect cost recovery account (22090).
53. Voting Machine Examinations account (22099).
54. DHCR-HCA application fee account (22100).
55. Low income housing monitoring account (22130).
56. Restitution account (22134).
57. Corporation administration account (22135).
58. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
59. Deferred compensation administration account (22151).
60. Rent revenue other New York City account (22156).
61. Rent revenue account (22158).
62. Transportation aviation account (22165).
63. Tax revenue arrearage account (22168).
64. New York State Campaign Finance Fund account (22211).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. Pharmacy benefit manager regulatory fund (22255).
68. Virtual currency assessments account (22262).
69. Employers assessment account (22269).
70. State university general income offset account (22654).
71. Lake George park trust fund account (22751).
72. Highway safety program account (23001).
S. 3006--C 133 A. 3006--C
73. DOH drinking water program account (23102).
74. NYCCC operating offset account (23151).
75. Commercial gaming revenue account (23701).
76. Commercial gaming regulation account (23702).
77. Highway use tax administration account (23801).
78. New York state secure choice administrative account (23806).
79. New York state cannabis revenue fund (24800).
80. Cannabis education account (24801).
81. Fantasy sports administration account (24951).
82. Mobile sports wagering fund (24955).
83. Highway and bridge capital account (30051).
84. State university residence hall rehabilitation fund (30100).
85. State parks infrastructure account (30351).
86. Clean water/clean air implementation fund (30500).
87. Hazardous waste remedial cleanup account (31506).
88. Youth facilities improvement account (31701).
89. Housing assistance fund (31800).
90. Housing program fund (31850).
91. Highway facility purpose account (31951).
92. New York racing account (32213).
93. Capital miscellaneous gifts account (32214).
94. Information technology capital financing account (32215).
95. New York environmental protection and spill remediation account
(32219).
96. Department of financial services IT modernization capital account
(32230).
97. Mental hygiene facilities capital improvement fund (32300).
98. Correctional facilities capital improvement fund (32350).
99. OGS convention center account (50318).
100. Empire Plaza Gift Shop (50327).
101. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
102. Centralized services fund (55000).
103. Archives records management account (55052).
104. Federal single audit account (55053).
105. Civil service administration account (55055).
106. Civil service EHS occupational health program account (55056).
107. Banking services account (55057).
108. Cultural resources survey account (55058).
109. Neighborhood work project account (55059).
110. Automation & printing chargeback account (55060).
111. OFT NYT account (55061).
112. Data center account (55062).
113. Intrusion detection account (55066).
114. Domestic violence grant account (55067).
115. Centralized technology services account (55069).
116. Labor contact center account (55071).
117. Human services contact center account (55072).
118. Tax contact center account (55073).
119. Department of law civil recoveries account (55074).
120. Executive direction internal audit account (55251).
121. CIO Information technology centralized services account (55252).
122. Health insurance internal service account (55300).
123. Civil service employee benefits division administrative account
(55301).
124. Correctional industries revolving fund (55350).
S. 3006--C 134 A. 3006--C
125. Employees health insurance account (60201).
126. Medicaid management information system escrow fund (60900).
127. Animal shelter regulation account.
128. Climate initiative account.
129. Fire Island project account.
§ 2. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2026, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, underground facilities safety training account
(22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,591,119,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,131,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $134,682,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $1,457,339,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
S. 3006--C 135 A. 3006--C
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $5,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements made from such fund for
supplemental aid to education pursuant to section 92-c of the state
finance law.
6. $4,856,000 from the cannabis revenue fund cannabis education
account (24801), to the state lottery fund, education account (20901),
as reimbursement for disbursements made from such fund for supplemental
aid to education pursuant to section 99-ii of the state finance law.
7. An amount up to the unencumbered balance in the fund on March 31,
2025 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
8. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
9. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Batavia school for the blind account (22032).
11. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
12. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
13. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
14. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
15. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
16. $312,000,000 from the state university income fund, state univer-
sity hospitals income reimbursable account (22656), and the state
university income fund, state university-wide hospital reimbursable
account (22658) to the General Fund for the payment of SUNY Hospitals
Health Insurance premiums on or before March 31, 2026.
17. $25,000,000 from the general fund to the miscellaneous capital
projects fund, state university of New York green energy loan fund.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
S. 3006--C 136 A. 3006--C
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $125,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
5. $10,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste cleanup account (31506).
6. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
7. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
8. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
9. $3,000,000 from the waste management & cleanup account (21053) to
the general fund.
10. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
11. $14,000,000 from the general fund to the miscellaneous special
revenue fund, patron services account (22163).
12. $15,000,000 from the enterprise fund, golf account (50332) to the
state park infrastructure fund, state park infrastructure account
(30351).
13. $10,000,000 from the general fund to the environmental protection
and oil spill compensation fund (21203).
14. $5,000,000 from the general fund to the enterprise fund, golf
account (50332).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $205,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
S. 3006--C 137 A. 3006--C
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $788,000 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $7,000,000 from the general fund to the housing program fund
(31850).
12. $15,000,000 from any of the office of children and family services
special revenue federal funds to the office of court administration
special revenue other federal iv-e funds account.
13. $10,000,000 from any of the office of children and family services
special revenue federal funds to the office of indigent legal services
special revenue other federal iv-e funds account.
General Government:
1. $9,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $3,828,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $33,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $9,500,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
S. 3006--C 138 A. 3006--C
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
18. $12,400,000 from the banking department special revenue fund
(21970) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
19. $12,400,000 from the insurance department special revenue fund
(21994) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
20. $1,550,000 from the pharmacy benefits bureau special revenue fund
(22255) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law, to the IT Modernization
Capital Fund.
21. $4,650,000 from the virtual currency special revenue fund (22262)
funded by the assessment to defray operating expenses authorized by
section 206 of the financial services law, to the IT Modernization Capi-
tal Fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
5. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
6. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
7. $127,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
8. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
9. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
S. 3006--C 139 A. 3006--C
10. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous special reven-
ue fund, environmental laboratory fee account (21959).
11. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund (23816), to the general fund, for
payment of goods and services necessary to respond to a public health
disaster emergency or to assist or aid in responding to such a disaster.
12. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
13. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22139), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
15. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
17. $17,283,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
18. $3,672,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
19. $2,731,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
20. $1,455,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
21. $4,683,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
22. $350,000,000 from the general fund, to the miscellaneous special
revenue fund, healthcare stability fund account (22267).
23. $5,000,000 from the general fund to the occupational health clin-
ics account (22177).
24. $88,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York city veterans' home account (22141).
25. $88,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York state home for veterans' and their dependents at oxford account
(22142).
26. $88,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
western New York veterans' home account (22143).
27. $88,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
New York state for veterans in the lower-Hudson valley account (22144).
28. $88,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the state university income fund, Long
Island Veterans' Home Account (22652).
29. $159,000,000 from the miscellaneous special revenue fund, health-
care stability fund account (22267) to the HCRA resources fund, HCRA
program account (20807).
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
S. 3006--C 140 A. 3006--C
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
5. $22,000,000 from the miscellaneous special revenue fund, Interest
and Penalty Account (23601), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
6. $1,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
7. $250,000,000 from the general fund to the enterprise fund, unem-
ployment insurance benefit fund, interest assessment account (50651).
8. $4,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupational Safety and Health Fund, OSHA Inspection Account (21252).
9. $8,000,000,000 from the general fund to the enterprise fund, unem-
ployment insurance benefit fund, unemployment insurance benefit account
(50650).
Mental Hygiene:
1. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
2. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account
(32200).
3. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account (32200) to the opioid settlement fund
(23817).
Public Protection:
1. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
2. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
3. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
4. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
5. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
6. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
7. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
S. 3006--C 141 A. 3006--C
8. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
9. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
10. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
11. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
12. $38,938,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
13. $6,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account (22266).
14. $234,000,000 from the indigent legal services fund, indigent legal
services account (23551) to the general fund.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
4. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
5. An amount up to the unencumbered balance from the special revenue
federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund.
6. $1,000,000,000 from the general fund to the hazardous waste cleanup
account (31506), State parks infrastructure account (30351), environ-
mental protection fund transfer account (30451), the correctional facil-
ities capital improvement fund (32350), housing program fund (31850), or
the Mental hygiene facilities capital improvement fund (32300), up to an
amount equal to certain outstanding accounts receivable balances.
§ 4. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2026:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
S. 3006--C 142 A. 3006--C
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $5,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 5. On or before March 31, 2026, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or their desig-
nee, on or before March 31, 2026, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or their desig-
nee, on or before March 31, 2026, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or their designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2026.
§ 8-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 3006--C 143 A. 3006--C
and directed to transfer, upon request of the director of the budget, a
total of up to $100,000,000 from the general fund to the state universi-
ty income fund, state university general revenue offset account (22655)
and/or the state university income fund, state university hospitals
income reimbursable account (22656) during the period July 1, 2025
through June 30, 2026 to pay costs attributable to the state university
health science center at Brooklyn and/or the state university of New
York hospital at Brooklyn, respectively, pursuant to a plan approved by
the director of the budget.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,522,673,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2025 through June 30, 2026 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $55,848,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2025 to June 30, 2026 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 11. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or their designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from any special revenue fund of the state university of
New York to the state university of New York green energy loan fund for
the discrete purposes of the state university of New York green energy
loan fund and from the state university of New York green energy loan
fund to any special revenue fund of the state university of New York to
support such activity in an amount not to exceed $25,000,000 from each
fund for the time period of July 1 to June 30 annually.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or their designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2026.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or their designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
S. 3006--C 144 A. 3006--C
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or their designee, to transfer moneys from the
state university income fund to the state university income fund, state
university hospitals income reimbursable account (22656) in the event
insufficient funds are available in the state university income fund,
state university hospitals income reimbursable account (22656) to pay
hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2026.
§ 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or their designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $125 million from each fund.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $1,000,000,000 from the unencumbered balance of any special reven-
ue fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2025-26 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
S. 3006--C 145 A. 3006--C
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund up to $10,000,000 for the state fiscal
year commencing April 1, 2025, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized to transfer to the state treasury to the cred-
it of the general fund up to $25,000,000 for the state fiscal year
commencing April 1, 2025, the proceeds of which will be utilized to
support programs established or implemented by or within the department
of labor, including but not limited to the office of just energy transi-
tion and programs for workforce training and retraining, to prepare
workers for employment for work in the renewable energy field.
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2026.
§ 21. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2026 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 22. Section 56 of part XX of chapter 56 of the laws of 2024, amend-
ing the state finance law and other laws relating to providing for the
administration of certain funds and accounts related to the 2023-2024
budget, authorizing certain payments and transfers, is amended to read
as follows:
§ 56. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, [twenty-three,] and twenty-
four of this act shall expire March 31, 2025; and provided, further,
that sections twenty-five and twenty-six of this act shall expire March
31, 2027, when upon such dates the provisions of such sections shall be
deemed repealed.
S. 3006--C 146 A. 3006--C
§ 23. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 23 of part XX of chapter 56 of the laws of 2024, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-four] TWENTY-FIVE, the state comptroller is hereby authorized
and directed to deposit to the fund created pursuant to this section
from amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,575,393,000] $1,396,911,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-four] TWENTY-FIVE.
§ 24. Subdivision 2 of section 8-b of the state finance law is
REPEALED.
§ 24-a. The opening paragraph of subdivision 3 of section 93-b of the
state finance law, as amended by section 23 of part JJJ of chapter 59 of
the laws of 2021, is amended to read as follows:
Notwithstanding any other provisions of law to the contrary, commenc-
ing on April first, two thousand [twenty-one] TWENTY-FIVE, and continu-
ing through March thirty-first, two thousand [twenty-five] THIRTY, the
comptroller is hereby authorized to transfer monies from the dedicated
infrastructure investment fund to the general fund, and from the general
fund to the dedicated infrastructure investment fund, in an amount
determined by the director of the budget to the extent moneys are avail-
able in the fund; provided, however, that the comptroller is only
authorized to transfer monies from the dedicated infrastructure invest-
ment fund to the general fund in the event of an economic downturn as
described in paragraph (a) of this subdivision; and/or to fulfill disal-
lowances and/or settlements related to over-payments of federal medicare
and medicaid revenues in excess of one hundred million dollars from
anticipated levels, as determined by the director of the budget and
described in paragraph (b) of this subdivision.
§ 25. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2026, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,583,110 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $488,220 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $610,790 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $182,310 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $422,524 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
S. 3006--C 147 A. 3006--C
8. $11,909,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $182,988,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $55,103,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 26. Section 89-g of the state finance law is REPEALED.
§ 27. Section 22 of the state finance law, as amended by chapter 762
of the laws of 1992, subdivisions 1-c, 14, 15 and 16 as added and para-
graphs d-2, e, e-2 and i of subdivision 3 and subdivision 4 as amended
by chapter 1 of the laws of 2007, paragraphs a-1, a-2 and a-3 of subdi-
vision 3 as added by chapter 10 of the laws of 2006, paragraph j of
subdivision 3 as added by chapter 453 of the laws of 2015, subdivision 9
as amended by chapter 260 of the laws of 1993 and subdivisions 5, 6, 7,
8, 9, 10, 11, 12 and 13 as renumbered by section 2 of part F of chapter
389 of the laws of 1997, is amended to read as follows:
§ 22. The budget; contents. The budget submitted annually by the
governor to the legislature, in accordance with article seven of the
constitution, in addition to the information required by the constitu-
tion to be set forth therein, shall:
1. include a summary financial plan showing for each of the govern-
mental fund types: (a) the disbursements estimated to be made before the
close of the current fiscal year and the moneys estimated to be avail-
able from receipts and other sources therefor; and (b) the disbursements
proposed to be made during the ensuing fiscal year, and the moneys esti-
mated to be available from receipts and other sources therefor inclusive
of any receipts which are expected to result from proposed legislation
which [he] THE GOVERNOR deems necessary to provide receipts sufficient
to meet such proposed disbursements. For the purposes of this summary
financial plan, disbursements shall be presented by the following
purposes: state purposes, local assistance, capital projects, debt
service, and general state charges; receipts shall be presented for each
fund type by each revenue source which accounts for at least one per
centum of all such receipts and otherwise by categories of revenue
sources; receipts and disbursements for special revenue funds shall be
presented separately for federal funds and all other special revenue
funds. Whenever receipts or disbursements are proposed to be moved to a
different fund type, each significant amount so moved shall be identi-
fied.
1-a. within ten days following the submission of the financial plans
presented in accordance with subdivision one of this section, the direc-
tor of the budget shall submit to the chairs of the senate finance and
the assembly ways and means committees and the comptroller summary
financial plans of receipts and disbursements for the internal service,
enterprise, and fiduciary fund types.
1-b. within ten days of the submission of the financial plan for the
special revenue fund type, the director of the budget shall submit to
the chairs of the senate finance and assembly ways and means committees
a schedule of receipts and disbursements by account within each special
revenue fund, excluding those which are financed primarily by federal
grants.
1-c. within ten days following the submission of the financial plans
presented in accordance with subdivision one of this section, the direc-
tor of the budget shall submit to the chairs of the senate finance and
S. 3006--C 148 A. 3006--C
the assembly ways and means committees and the comptroller an estimate
of the fiscal impact of the executive budget general fund changes on
local governments and, where practicable, the fiscal impact on local
governments of the executive budget all fund changes concerning the
medicaid program, homeland security program, and workforce investment
programs. Such estimate shall be presented by class of local government
and shall measure all of the impacts of the executive budget, including
aid program changes, reimbursement changes, statutory changes in author-
izations for local taxation, mandates on local governments and other
requirements. Such estimate shall show the impact on local governments
by local fiscal years affected and shall cover the first local fiscal
year affected as well as the ensuing local fiscal year. Where such
estimate depends on any local option or action, the estimate shall
explicitly describe the assumptions used to calculate the estimate. When
under existing law a local tax option or program would end and the exec-
utive budget proposes the continuation thereof, the impact shall be
identified as a "deferral of sunset" and shall be calculated as a sepa-
rate component of such estimate.
2. [include a summary financial plan showing for each of the govern-
mental fund types: (a) all of the expenditures estimated to be made, in
accordance with generally accepted accounting principles, before the
close of the current fiscal year and all of the expenditures proposed to
be made, in accordance with generally accepted accounting principles,
during the ensuing fiscal year; and (b) all of the revenues estimated to
accrue, in accordance with generally accepted accounting principles,
before the close of the current fiscal year and during the ensuing
fiscal year inclusive of any revenues which are expected to result from
the proposed legislation which he deems necessary to provide receipts
sufficient to meet proposed disbursements. For the purposes of this
summary financial plan, expenditures shall be presented by the following
purposes: state purposes, local assistance, capital projects, debt
service, and general state charges; and revenues shall be presented by
each revenue source which accounts for at least one per centum of all
such revenues and otherwise by categories of revenue sources.
3.] show for each fund type (unless otherwise specified) in a form
suitable for comparison:
a. The appropriations, including reappropriations, made for the
current fiscal year, the appropriations and reappropriations recommended
for the ensuing fiscal year, the disbursements estimated to be made
before the close of the current fiscal year and proposed to be made
during the ensuing fiscal year based upon available and recommended
appropriations and reappropriations. Disbursements proposed to be made
shall be shown in separate parts as follows: those disbursements
proposed to be made for state purposes shall be set forth in one part,
those disbursements proposed to be made for local assistance shall be
set forth in another separate and distinct part, those disbursements
proposed to be made for capital projects shall be set forth in a third
separate and distinct part and those disbursements proposed to be made
for debt service shall be set forth in a fourth separate and distinct
part. The effect of any proposed changes in the payment dates of partic-
ular disbursements on the financial plan presented in accordance with
subdivision one of this section shall be set forth separately.
a-1. For each state agency, the appropriations, including reappropri-
ations, made for the current fiscal year and recommended for the ensuing
fiscal year for contracts for services made for state purposes.
S. 3006--C 149 A. 3006--C
a-2. For each state agency, the disbursements estimated to be made
before the close of the current fiscal year and proposed to be made
during the ensuing fiscal year for contracts for services made for state
purposes.
a-3. For each state agency, the estimated number of employees hired
for the current fiscal year and anticipated to be hired during the ensu-
ing fiscal year pursuant to contracts for services made for state
purposes based upon annual employment reports submitted by contractors
pursuant to section one hundred sixty-three of this chapter.
b. In separate sections for each fund type, the receipts actually had
and received during the preceding fiscal year, the receipts estimated to
be available and received during the current and ensuing fiscal years
respectively listed by each major source, including statistical and
summary tables and a narrative which includes a discussion of the
assumptions used in estimating such receipts. The effect of any proposed
changes in the rates, bases, payment dates or other aspects of partic-
ular sources of receipts on the financial plan presented in accordance
with subdivision one of this section shall be set forth separately and
the assumptions used in calculating such effect. Whenever a new fee or a
new financing mechanism is proposed, a schedule of the new fee or
financing mechanism shall be included for purposes of showing the effect
of the new fee or financing mechanism on the financial plan.
c. [The expenditures estimated to be made in accordance with generally
accepted accounting principles before the close of the current fiscal
year and proposed to be made in accordance with generally accepted
accounting principles during the ensuing fiscal year. Expenditures esti-
mated and proposed to be made shall be shown in separate parts as
follows: those expenditures for state purposes shall be set forth in one
part, those expenditures for local assistance shall be set forth in
another separate and distinct part, those expenditures for capital
projects shall be set forth in a third separate and distinct part, and
those expenditures for debt service shall be set forth in a fourth sepa-
rate and distinct part.
d. The revenues actually accrued in the preceding fiscal year, the
revenues estimated to accrue during current and ensuing fiscal years
respectively. Revenues from each tax shall be shown both in total and
net of refunds.
d-1. A schedule for the general fund showing the differences between
projected operating results on a cash basis and those on the basis of
generally accepted accounting principles.
d-2.] Within ten days following the submission of the financial plans
presented in accordance with [subdivisions] SUBDIVISION one [and two] of
this section, the director of the budget shall submit to the comptroller
and the chairs of the senate finance committee and the assembly ways and
means committee:
(i) a detailed schedule by fund of the receipts and disbursements
comprising such summary financial plan;
(ii) [a schedule for each governmental fund type other than the gener-
al fund showing the differences between projected operating results on a
cash basis and those on the basis of generally accepted accounting prin-
ciples;
(iii) a detailed schedule by fund of revenues and expenditures within
the general fund;
(iv)] a detailed schedule by fund of receipts for the prior, current
and next three fiscal years. Such schedule shall present the major
S. 3006--C 150 A. 3006--C
revenue sources for each fund, including detail for each major tax, and
major components of miscellaneous receipts; and
[(v)] (III) an itemized list of transfers to and from the general
fund.
[e.] D. The anticipated general fund quarterly schedule and fiscal
year total for the prior, current and next ensuing fiscal years of:
disbursements; receipts; repayments of advances; total tax refunds; and
refunds for the tax imposed under article twenty-two of the tax law.
Such information shall be presented in the same form as the summary
financial plans presented in accordance with [subdivisions] SUBDIVISION
one [and two] of this section. A separate, detailed, report of such
schedule shall be provided with receipts shown by each major revenue
category, including detail for each major tax and major components of
miscellaneous receipts, and with disbursements shown by major function
or program. The director of the division of the budget shall submit
concurrent with the submission of the financial plan to the legislature
pursuant to subdivision [two] ONE of this section and with each update
thereafter a revised monthly general fund cash flow projection of
receipts and disbursements for the current fiscal year that: (1)
compares actual results to (i) actual results through the same period
for the prior year and (ii) the most recent prior update to the finan-
cial plan and to the enacted budget financial plan; (2) summarizes the
reasons for any variances; and (3) describes the revisions to the cash
flow projections. The monthly general fund cash flow projection shall be
stated by major category of local assistance, personal service, nonper-
sonal service, general state charges, and debt service, and by major
category of revenue. Such reports shall utilize a format that shall
facilitate comparison and analysis with those reports submitted to the
legislature by the office of audit and control pursuant to subdivision
nine of section eight of this chapter.
[e-1.] D-1. Within ten days following the submission of the financial
plans presented in accordance with [subdivisions] SUBDIVISION one [and
two] of this section, the anticipated general fund monthly and govern-
mental fund types quarterly schedule and fiscal year total for the ensu-
ing fiscal year of: disbursements; receipts; repayments of advances;
total tax refunds; and refunds for the tax imposed under article twen-
ty-two of the tax law. Such information shall be presented in the same
form as the summary financial plans presented in accordance with [subdi-
visions] SUBDIVISION one [and two] of this section.
[e-2.] D-2. A description of employment levels for each state depart-
ment, division or office, for the prior, current and next ensuing fiscal
year containing:
(1) separate schedules for each fund type; and
(2) an all funds summary. Such information shall be presented in a
form that facilitates comparisons among agencies and across fiscal
years, and shall include:
(i) actual and projected full-time equivalents; and
(ii) proposed changes to the work force in the executive budget,
including but not limited to: new positions, layoffs, attrition, and
changes in funding sources. To the extent practicable, the division of
the budget shall facilitate the provision of other relevant information
on employment to the legislature in a timely manner during the state
fiscal year.
[f.] E. A statement explaining any differences between the significant
accounting policies used in the preparation of the documents required to
be submitted pursuant to this section and those used by the comptroller
S. 3006--C 151 A. 3006--C
in the preparation of the financial statements contained in the annual
report to the legislature for the preceding fiscal year issued pursuant
to subdivision nine of section eight of this chapter.
[g.] F. The estimated borrowings in anticipation of the receipt of
taxes and revenues and the amount of interest estimated to be paid ther-
eon during the current and ensuing fiscal years respectively, and the
amounts actually so borrowed and the interest actually paid thereon
during the preceding fiscal year.
[h.] G. In connection with each statement of receipts from taxes
imposed pursuant to state law, the total amounts collected or estimated
to be collected therefrom.
[i.] H. A statement setting forth state involvement in the fiscal
operations of those public authorities and public benefit corporations
which may be part of the development of a comprehensive state budget
system and provided therefor in the state financial plan. Such statement
shall include those public authorities and public benefit corporations
with disbursements which are not currently reflected in the state
central accounting system from proceeds of any notes or bonds issued by
any public authority, and which bonds or notes would be considered as
state-supported debt as defined in section sixty-seven-a of this chap-
ter. Such statement shall set forth the amount of all of the bonds,
notes and other obligations of each public authority, public benefit
corporation and all other agencies and instrumentalities of the state
for which the full faith and credit of the state has been pledged or on
account of which the state has by law given its pledge or assurance for
the continued operation and solvency of the authority, public corpo-
ration, or other agency or instrumentality of the state, as the case may
be. Such statement shall also set forth all proposed appropriations to
be made to any public authority, public benefit corporation, and any
other agency or instrumentality of the state which has been created or
continued by law and which is separate and distinct from the state
itself.
[j.] I. Include a summary financial plan for the funds of the state
receiving tax check-off monies which shall include estimates of all
receipts and all disbursements for the current and succeeding fiscal
years, along with the actual results from the prior fiscal year.
[4. a.] 3. Include a three year financial projection showing the
anticipated disbursements and receipts for each of the governmental fund
types of the state. For the purposes of this three year financial
projection, disbursements shall be presented by the following purposes:
state purposes, local assistance, capital projects, debt service, trans-
fers and general state charges with each major function or major program
identified separately within each purpose; and receipts shall be
presented by each major revenue category, including detail for each
major tax, and major components of miscellaneous receipts and with
disbursements shown by major function or program for the prior year,
current year and next three fiscal years, and otherwise by each major
source which is separately estimated and presented pursuant to paragraph
b of subdivision [three] TWO of this section. Receipts and disbursements
for special revenue funds shall be presented separately for federal
funds and all other special revenue funds. Whenever receipts and
disbursements are proposed to be moved to a different fund type, each
significant amount so moved shall be explained. This three year finan-
cial projection shall include an explanation of any changes to the
financial plans submitted in accordance with subdivision one of this
section and include explanations of the economic, statutory and other
S. 3006--C 152 A. 3006--C
assumptions used to estimate the disbursements and receipts which are
presented. Whenever the projections for receipts and disbursements are
based on assumptions other than the current levels of service, such
assumptions shall be separately identified and explained. The three year
financial projections shall include a description of any projected defi-
cits or surpluses.
[5.] 4. Include a summary statement of operations for the proprietary
and fiduciary fund types. Such summary statement of operations shall
include the estimated and projected receipts of and disbursements from
appropriations and reappropriations available or recommended from such
fund types in the budget bills submitted by the governor pursuant to
section twenty-four of this [chapter] ARTICLE. Such summary statement
of operations shall be revised as soon as is practical after the legis-
lature has completed action on such budget bills.
[6.] 5. Include a list of proposed legislation submitted pursuant to
section three of article seven of the constitution.
[7.] 6. Notwithstanding any provision of law to the contrary, budgets
submitted pursuant to this section shall not recommend first instance
expenditures. Any anticipated reimbursement of proposed expenditures
shall be shown as receipts or revenues to the appropriate fund.
[8.] 7. Within ten days following the submission of the budget by the
governor, the director of the budget shall transmit to the chairs of the
senate finance committee and the assembly ways and means committee a
report, by agency, program, and fund, including but not limited to, the
following information pertaining to financed equipment acquisitions for
state departments, agencies and units of the state university and the
city university of New York including those financed equipment acquisi-
tions financed by the issuance of certificates of participation or simi-
lar instruments for state departments, agencies and units of the state
and city universities of New York:
[1.] A. For new financed equipment acquisitions to be financed in the
ensuing fiscal year:
[(a)] (1) An identification of the purposes of such financings,
including:
[(1)] (I) The nature of the equipment to be financed.
[(2)] (II) Whether the purposes are new financings or refinancings of
outstanding lease purchase and installment purchase agreements.
[(3)] (III) The recommended method of financing.
[(b)] (2) The estimated purchase cost of the equipment if purchased
outright.
[(c)] (3) The estimated interest rate and term of such financings.
[(d)] (4) The estimated expenses for the issuances of such certif-
icates or similar instruments as such expenses are defined in section
sixty-six-b of this chapter.
[(e)] (5) A schedule of estimated lease purchase payments by state
fiscal year for such financings, and estimated total financing costs.
[2.] B. For outstanding financed equipment acquisitions as of April
first of the ensuing fiscal year the total estimated amount for lease or
installment purchase payments for the ensuing fiscal year.
[3.] C. For outstanding financed equipment acquisitions financed by
certificates of participation the financing costs of outstanding certif-
icates of participation and similar instruments issued pursuant to
section sixty-six-b of this chapter with estimated payment schedules of
all such outstanding obligations.
[9.] 8. Include a summary of disbursements by function of state
government for the preceding fiscal year and the estimated disbursements
S. 3006--C 153 A. 3006--C
for the current and ensuing fiscal years in a form suitable for compar-
ison. Such summary shall present such disbursements by purpose as set
forth in subdivision one of this section and also including special
revenue funds-federal and special revenue funds-other. Such summary
shall also describe the state entities, as defined by [subdivisions
five, six, seven and eight of] section two-a of this chapter, within
each function. For the fiscal year beginning in nineteen hundred nine-
ty-three, such summary shall be presented within ten days of the budget
submission for the general fund, special revenue funds-other, capital
projects funds and debt service funds. For the fiscal year beginning in
nineteen hundred ninety-four, such summary shall be presented with the
budget for the general fund and within ten days of the budget submission
for special revenue funds-other, capital projects funds and debt service
funds. For fiscal years beginning in nineteen hundred ninety-five and
thereafter, such summary shall be presented with the budget.
[10.] 9. Include a statement showing projected disbursement for the
current fiscal year and proposed disbursements for the ensuing fiscal
year by agency and bill and fund type. For the fiscal year beginning in
nineteen hundred ninety-three, such statement shall be presented within
ten days of the budget submission for the general fund, special revenue
funds-other, capital projects funds and debt service funds. For the
fiscal year beginning in nineteen hundred ninety-four, such summary
shall be presented with the budget for the general fund and within ten
days of the budget submission for special revenue funds-other, capital
projects funds and debt service funds. For fiscal years beginning in
nineteen hundred ninety-five and thereafter, such summary shall be
presented with the budget.
[11.] 10. Within ten days following the submission of the financial
plans presented in accordance with [subdivisions] SUBDIVISION one [and
two] of this section, the director of the budget shall submit to the
chairs of the senate finance committee and the assembly ways and means
committee for the prior, the current and next ensuing fiscal years
detailed schedules by agency for the general fund showing proposed
appropriations in the state operations and aid to localities budget
bills with disbursements to be made against such appropriations, as well
as disbursements to be made against any existing appropriations.
[12.] 11. a. With respect to any proposed appropriations for the
purpose of remedying state agency violations or past problems of the
environmental conservation law or regulations adopted thereunder within
the proposed budget submitted annually by the governor to the legisla-
ture shall, set forth the amount recommended to remedy each functional
category of violation. A priority criterion to be considered in deter-
mining such recommended appropriations shall be the ranking of such
violations and past problems as determined by the agency pursuant to
paragraph b of subdivision one of section 3-0311 of the environmental
conservation law, with any reordering of rankings as determined by the
department of environmental conservation. Amounts appropriated shall be
disbursed for remediation of the violation or problem only after review
and determination by the department of environmental conservation of the
adequacy of the remedial plan pursuant to paragraph g of subdivision
three of section 3-0311 of the environmental conservation law.
b. Within thirty days following the submission of the budget by the
governor for each fiscal year, beginning with the nineteen hundred nine-
ty-three--ninety-four fiscal year, the director of the budget shall
transmit to the chairs of the senate finance committee and the assembly
ways and means committee a report which includes project specific infor-
S. 3006--C 154 A. 3006--C
mation for proposed appropriations for the purposes of remedying state
agency environmental violations or problems, as identified pursuant to
section 3-0311 of the environmental conservation law, contained within
such submitted budget.
[13.] 12. Include a summary financial plan for all research institutes
which shall set forth:
a. estimates of all revenues and all expenses for the current and
succeeding fiscal years, along with the actual results from the prior
fiscal year; and
b. any agreement whereby any state agency will provide financial
support or any other assistance to cover any operating loss for such
research institute.
[14.] 13. a. With respect to information technology projects, depend-
ent on funding in the executive budget, involving one or more contracts
projected to total ten million dollars or more, within thirty days
following the submission of the budget by the governor for each fiscal
year, beginning with the two thousand eight--two thousand nine fiscal
year, the director of the budget shall transmit to the chairs of the
senate finance committee and the assembly ways and means committee a
report which shall set forth the following:
(1) project summary describing the project purpose, proposed approach,
key milestones, current status and timetable;
(2) the proposed method of procurement, including whether the project
will, in whole or in part, utilize a centralized contract or a sole-
source contract; and
(3) the proposed funding source, financing method and estimated costs
by fiscal year.
b. Information provided pursuant to paragraph a of this subdivision
may not be disclosed to any party other than a governmental entity as
defined in section one hundred thirty-nine-j of this chapter, if such
disclosure would impair the fairness or competitiveness of a pending or
potential procurement process.
Estimated costs by fiscal year shall not be disclosed.
[15.] 14. The division of the budget shall prepare the reports, sched-
ules, and other information described in this subdivision. To the extent
practicable, such reports, schedules, and information shall be in a
form, and presented at a level of detail, that facilitates comparison on
an annual basis and against actual results, as appropriate, and in a
manner consistent with the other reporting requirements enumerated in
this section. The reports, schedules, and other information required by
this subdivision shall be submitted to the chair of the senate finance
committee, the chair of the assembly ways and means committee, the
minority leaders of both houses, and the comptroller according to the
schedules set forth in this section. In determining the final content
and format of the information required by this section, the division of
the budget shall consult annually with the designees of the temporary
president of the senate, the speaker of the assembly, the minority lead-
ers of both houses, and the comptroller. All information described in
this subdivision shall be made available to the public.
a. The executive budget, the enacted budget report and each quarterly
update to the financial plan shall include an updated general fund fore-
cast of receipts and disbursements for the current and two succeeding
fiscal years. Such updated forecast shall clearly identify and explain
the revisions to the receipts and disbursements projections from the
most recent prior update to the financial plan, and any significant
revisions to the underlying factors affecting receipts and disbursements
S. 3006--C 155 A. 3006--C
by major function, and may include, but not be limited to: caseload,
service, and utilization rates; demographic trends; economic variables;
pension fund performance; incarceration rates; prescription drug prices;
health insurance premiums; inflation; contractual obligations; liti-
gation; and state employment trends.
b. The capital program and financing plan submitted pursuant to
section twenty-two-c of this article, and the update thereto required
pursuant to section twenty-three of this article, shall include a report
on the management of state-supported debt. Such report may include, but
is not limited to: (1) an assessment of the affordability of state debt,
including debt as a percent of personal income, debt per capita, and
debt service costs as a percent of the budget; (2) a summary and analy-
sis of the interest rate exchange agreements and variable rate exposure;
and (3) an assessment of financing opportunities related to the state's
debt portfolio.
[16.] 15. The governor shall make all practicable efforts to amend or
supplement the budget and submit supplemental bills or amendments to any
bills pursuant to article seven of the constitution within twenty-one
days after the budget is submitted to the legislature.
16. THE AMENDED EXECUTIVE BUDGET REQUIRED TO BE SUBMITTED WITHIN THIR-
TY DAYS AFTER THE SUBMISSION OF THE EXECUTIVE BUDGET TO THE LEGISLATURE
IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION OF THE STATE OF NEW
YORK, IN ADDITION TO THE INFORMATION REQUIRED BY THE CONSTITUTION OF THE
STATE OF NEW YORK TO BE SET FORTH THEREIN, SHALL INCLUDE:
A. A SUMMARY FINANCIAL PLAN SHOWING FOR EACH OF THE GOVERNMENTAL FUND
TYPES: (1) ALL OF THE EXPENDITURES ESTIMATED TO BE MADE, IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, BEFORE THE CLOSE OF THE
CURRENT FISCAL YEAR AND ALL OF THE EXPENDITURES PROPOSED TO BE MADE, IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, DURING THE
ENSUING FISCAL YEAR; AND (2) ALL OF THE REVENUES ESTIMATED TO ACCRUE, IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, BEFORE THE
CLOSE OF THE CURRENT FISCAL YEAR AND DURING THE ENSUING FISCAL YEAR
INCLUSIVE OF ANY REVENUES WHICH ARE EXPECTED TO RESULT FROM THE PROPOSED
LEGISLATION WHICH IS DEEMED NECESSARY TO PROVIDE RECEIPTS SUFFICIENT TO
MEET PROPOSED DISBURSEMENTS. FOR THE PURPOSES OF SUCH SUMMARY FINANCIAL
PLAN, EXPENDITURES SHALL BE PRESENTED BY THE FOLLOWING PURPOSES: STATE
PURPOSES, LOCAL ASSISTANCE, CAPITAL PROJECTS, DEBT SERVICE, AND GENERAL
STATE CHARGES; AND REVENUES SHALL BE PRESENTED BY EACH REVENUE SOURCE
WHICH ACCOUNTS FOR AT LEAST ONE PER CENTUM OF ALL SUCH REVENUES AND
OTHERWISE BY CATEGORIES OF REVENUE SOURCES;
B. THE EXPENDITURES ESTIMATED TO BE MADE IN ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES BEFORE THE CLOSE OF THE CURRENT FISCAL
YEAR AND PROPOSED TO BE MADE IN ACCORDANCE WITH GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES DURING THE ENSUING FISCAL YEAR. EXPENDITURES ESTI-
MATED AND PROPOSED TO BE MADE SHALL BE SHOWN IN SEPARATE PARTS AS
FOLLOWS: THOSE EXPENDITURES FOR STATE PURPOSES SHALL BE SET FORTH IN ONE
PART, THOSE EXPENDITURES FOR LOCAL ASSISTANCE SHALL BE SET FORTH IN
ANOTHER SEPARATE AND DISTINCT PART, THOSE EXPENDITURES FOR CAPITAL
PROJECTS SHALL BE SET FORTH IN A THIRD SEPARATE AND DISTINCT PART, AND
THOSE EXPENDITURES FOR DEBT SERVICE SHALL BE SET FORTH IN A FOURTH SEPA-
RATE AND DISTINCT PART;
C. THE REVENUES ACTUALLY ACCRUED IN THE PRECEDING FISCAL YEAR AND THE
REVENUES ESTIMATED TO ACCRUE DURING CURRENT AND ENSUING FISCAL YEARS,
RESPECTIVELY. REVENUES FROM EACH TAX SHALL BE SHOWN BOTH IN TOTAL AND
NET OF REFUNDS;
S. 3006--C 156 A. 3006--C
D. A SCHEDULE FOR THE GENERAL FUND SHOWING THE DIFFERENCES BETWEEN
PROJECTED OPERATING RESULTS ON A CASH BASIS AND THOSE ON THE BASIS OF
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES;
E. A SCHEDULE FOR EACH GOVERNMENTAL FUND TYPE OTHER THAN THE GENERAL
FUND SHOWING THE DIFFERENCES BETWEEN PROJECTED OPERATING RESULTS ON A
CASH BASIS AND THOSE ON THE BASIS OF GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES; AND
F. A DETAILED SCHEDULE BY FUND OF REVENUES AND EXPENDITURES WITHIN THE
GENERAL FUND.
§ 28. Subparagraph (vi) of paragraph (d) of subdivision 3 of section
22-c of the state finance law, as amended by section 3 of part F of
chapter 389 of the laws of 1997, is amended to read as follows:
(vi) the total amount of disbursements for the project estimated to be
made during the current fiscal year and during each of the next ensuing
five fiscal years, provided however, that (A) the information required
by this subparagraph may be provided for groupings of projects in those
cases where the governor determines it cannot be provided on a project
by project basis, and (B) the total of all disbursements estimated in
accordance with the requirements of this subparagraph to be made for all
capital projects during the current fiscal year and during each of the
next ensuing five fiscal years, excluding those disbursements which are
estimated in accordance with the requirements of this subparagraph to be
made by public benefit corporations and which are not subject to appro-
priations, shall be equal, respectively, to the total of all disburse-
ments estimated, in the financial projections required by subdivisions
one and [four] THREE of section twenty-two of this article, to be made
for all capital projects during the then current fiscal year and during
each of the next ensuing five fiscal years,
§ 29. Subdivisions 3 and 4 of section 23 of the state finance law, as
amended by chapter 1 of the laws of 2007, are amended to read as
follows:
3. Financial plans and capital improvement program; revisions. Not
later than thirty days after the legislature has completed action on the
budget bills submitted by the governor and the period for the governor's
review has elapsed, the governor shall cause to be submitted to the
legislature the revisions to the financial plans and the capital plan
required by subdivisions one, two, THREE, four and [five] PARAGRAPH (A)
OF SUBDIVISION SIXTEEN of section twenty-two of this article as are
necessary to account for all enactments affecting the financial plans
and the capital plan. The financial plan shall also contain a cash flow
analysis of projected receipts and disbursements and other financing
sources or uses for each month of the state's fiscal year. Notwithstand-
ing any other law to the contrary, such revised plans and accompanying
cash flow analysis shall be submitted to the legislature and the comp-
troller in the same form as the plans required by such subdivisions.
4. Financial plan updates. Quarterly, throughout the fiscal year, the
governor shall submit to the comptroller, the chairs of the senate
finance and the assembly ways and means committees, within thirty days
of the close of the quarter to which it shall pertain, a report which
summarizes the actual experience to date and projections for the remain-
ing quarters of the current fiscal year and for each of the next two
fiscal years of receipts, disbursements, tax refunds, and repayments of
advances presented in forms suitable for comparison with the financial
plan submitted pursuant to subdivisions one, THREE AND four[, and five,]
of section twenty-two of this article and revised in accordance with the
provisions of subdivision three of this section. The governor shall
S. 3006--C 157 A. 3006--C
submit with the budget a similar report that summarizes revenue and
expenditure experience to date in a form suitable for comparison with
the financial plan submitted pursuant to PARAGRAPH A OF subdivision
[two] SIXTEEN of section twenty-two of this article and revised in
accordance with the provisions of subdivision three of this section.
Such reports shall provide an explanation of the causes of any major
deviations from the revised financial plans and, shall provide for the
amendment of the plan or plans to reflect those deviations. The governor
may, if [he] THE GOVERNOR determines it advisable, provide more frequent
reports to the legislature regarding actual experience as compared to
the financial plans. The quarterly financial plan update most proximate
to October thirty-first of each year shall include the calculation of
the limitations on the issuance of state-supported debt computed pursu-
ant to the provisions of subdivisions one and two of section sixty-sev-
en-b of this chapter.
§ 30. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2026 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section 53 of part PP of chapter 56 of
the laws of 2023, provided that the annual amount of the transfer shall
be no more than the principal and interest that would have otherwise
been due to the power authority of the state of New York, from any state
agency, in a given state fiscal year. Amounts pertaining to special
revenue accounts assigned to the state university of New York shall be
considered interchangeable between the designated special revenue
accounts as to meet the requirements of this section and section 52 of
part RR of chapter 56 of the laws of 2023:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from state university dormitory income fund, state
university dormitory income fund (40350).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 31. Notwithstanding any law to the contrary, the comptroller is
hereby authorized to transfer, on or before March 31, 2026, up to
$25,000,000 from various state bond funds (30600 through 30690) to the
general debt service fund (40150), for the purposes of redeeming or
defeasing outstanding state bonds.
§ 32. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 29 of part XX of chapter 56
of the laws of 2024, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [fourteen billion five hundred
twenty-six million eighty-nine thousand dollars $14,526,089,000, plus a
principal amount of bonds issued to fund the debt service reserve fund
S. 3006--C 158 A. 3006--C
in accordance with the debt service reserve fund requirement established
by the agency and to fund any other reserves that the agency reasonably
deems necessary for the security or marketability of such bonds and to
provide for the payment of fees and other charges and expenses, includ-
ing underwriters' discount, trustee and rating agency fees, bond insur-
ance, credit enhancement and liquidity enhancement related to the issu-
ance of such bonds and notes] SIXTEEN BILLION SEVEN HUNDRED
SEVENTY-SEVEN MILLION NINE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$16,777,964,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO THOUSAND
TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, (II) PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND (III) REFUND OR OTHERWISE REPAY
SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HEREIN
SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH DATE.
No reserve fund securing the housing program bonds shall be entitled or
eligible to receive state funds apportioned or appropriated to maintain
or restore such reserve fund at or to a particular level, except to the
extent of any deficiency resulting directly or indirectly from a failure
of the state to appropriate or pay the agreed amount under any of the
contracts provided for in subdivision four of this section.
§ 33. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 30 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [twenty-one billion four hundred
fifty-eight million three hundred nine thousand dollars $21,458,309,000]
TWENTY-TWO BILLION THREE HUNDRED NINE MILLION TWO HUNDRED NINETY-FOUR
THOUSAND DOLLARS $22,309,294,000, plus a principal amount of bonds or
S. 3006--C 159 A. 3006--C
notes: (A) to fund capital reserve funds; (B) to provide capitalized
interest; and, (C) to fund other costs of issuance. In computing for the
purposes of this subdivision, the aggregate amount of indebtedness
evidenced by bonds and notes of the authority issued pursuant to this
section, as amended by a chapter of the laws of nineteen hundred nine-
ty-six, there shall be excluded the amount of bonds or notes issued that
would constitute interest under the United States Internal Revenue Code
of 1986, as amended, and the amount of indebtedness issued to refund or
otherwise repay bonds or notes.
§ 34. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 31 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [eleven billion seven hundred sixty-
three million twenty-two thousand dollars $11,763,022,000] TWELVE
BILLION THREE HUNDRED MILLION THREE HUNDRED SIXTY-EIGHT THOUSAND DOLLARS
$12,300,368,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO THOUSAND
TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, (II) PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND (III) REFUND OR OTHERWISE REPAY
SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HEREIN
SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH DATE.
The legislature reserves the right to amend or repeal such limit, and
the state of New York, the dormitory authority, the city university, and
the fund are prohibited from covenanting or making any other agreements
with or for the benefit of bondholders which might in any way affect
such right.
§ 35. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 32 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
S. 3006--C 160 A. 3006--C
exceed a total principal amount of [four hundred eleven million dollars
$411,000,000] FOUR HUNDRED FIFTY-FIVE MILLION DOLLARS $455,000,000.
§ 36. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 33 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [eighteen billion nine hundred eighty-eight million one hundred
sixty-four thousand dollars $18,988,164,000; provided, however, that
bonds issued or to be issued shall be excluded from such limitation if:
(1) such bonds are issued to refund state university construction bonds
and state university construction notes previously issued by the housing
finance agency; or (2) such bonds are issued to refund bonds of the
authority or other obligations issued for state university educational
facilities purposes and the present value of the aggregate debt service
on the refunding bonds does not exceed the present value of the aggre-
gate debt service on the bonds refunded thereby; provided, further that
upon certification by the director of the budget that the issuance of
refunding bonds or other obligations issued between April first, nine-
teen hundred ninety-two and March thirty-first, nineteen hundred nine-
ty-three will generate long term economic benefits to the state, as
assessed on a present value basis, such issuance will be deemed to have
met the present value test noted above. For purposes of this subdivi-
sion, the present value of the aggregate debt service of the refunding
bonds and the aggregate debt service of the bonds refunded, shall be
calculated by utilizing the true interest cost of the refunding bonds,
which shall be that rate arrived at by doubling the semi-annual interest
rate (compounded semi-annually) necessary to discount the debt service
payments on the refunding bonds from the payment dates thereof to the
date of issue of the refunding bonds to the purchase price of the
refunding bonds, including interest accrued thereon prior to the issu-
ance thereof. The maturity of such bonds, other than bonds issued to
refund outstanding bonds, shall not exceed the weighted average economic
life, as certified by the state university construction fund, of the
facilities in connection with which the bonds are issued, and in any
case not later than the earlier of thirty years or the expiration of the
term of any lease, sublease or other agreement relating thereto;
provided that no note, including renewals thereof, shall mature later
than five years after the date of issuance of such note] TWENTY BILLION
NINE HUNDRED FORTY-EIGHT MILLION ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$20,948,164,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO THOUSAND
TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, (II) PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND (III) REFUND OR OTHERWISE REPAY
SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HEREIN
SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH DATE.
The legislature reserves the right to amend or repeal such limit, and
the state of New York, the dormitory authority, the state university of
New York, and the state university construction fund are prohibited from
covenanting or making any other agreements with or for the benefit of
bondholders which might in any way affect such right.
S. 3006--C 161 A. 3006--C
§ 37. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 34 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion three
hundred sixty-five million three hundred eight thousand dollars
$1,365,308,000] ONE BILLION FOUR HUNDRED NINETY-FIVE MILLION SEVEN
HUNDRED SEVENTY-FOUR THOUSAND DOLLARS $1,495,774,000. Such amount shall
be exclusive of bonds and notes issued to fund any reserve fund or
funds, costs of issuance and to refund any outstanding bonds and notes,
issued on behalf of the state, relating to a locally sponsored community
college.
§ 38. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 35 of part XX
of chapter 56 of the laws of 2024, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [twelve billion nine hundred twenty-one million seven hundred
fifty-six thousand dollars $12,921,756,000, excluding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes; provided, however, that upon any such refunding
or repayment of mental health services facilities improvement bonds
and/or mental health services facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than twelve billion nine hundred twenty-one million seven
hundred fifty-six thousand dollars $12,921,756,000, only if, except as
hereinafter provided with respect to mental health services facilities
S. 3006--C 162 A. 3006--C
bonds and mental health services facilities notes issued to refund
mental hygiene improvement bonds authorized to be issued pursuant to the
provisions of section 47-b of the private housing finance law, the pres-
ent value of the aggregate debt service of the refunding or repayment
bonds to be issued shall not exceed the present value of the aggregate
debt service of the bonds to be refunded or repaid. For purposes hereof,
the present values of the aggregate debt service of the refunding or
repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the authority
including estimated accrued interest from the sale thereof. Such bonds,
other than bonds issued to refund outstanding bonds, shall be scheduled
to mature over a term not to exceed the average useful life, as certi-
fied by the facilities development corporation, of the projects for
which the bonds are issued, and in any case shall not exceed thirty
years and the maximum maturity of notes or any renewals thereof shall
not exceed five years from the date of the original issue of such notes.
Notwithstanding the provisions of this section, the agency shall have
the power and is hereby authorized to issue mental health services
facilities improvement bonds and/or mental health services facilities
improvement notes to refund outstanding mental hygiene improvement bonds
authorized to be issued pursuant to the provisions of section 47-b of
the private housing finance law and the amount of bonds issued or
outstanding for such purposes shall not be included for purposes of
determining the amount of bonds issued pursuant to this section] THIR-
TEEN BILLION SIX HUNDRED THIRTY-NINE MILLION FIVE HUNDRED FIFTY-FOUR
THOUSAND DOLLARS $13,639,554,000, EXCLUDING BONDS ISSUED AFTER APRIL
FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE
RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH BONDS, AND (III)
REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED,
PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF REFUNDING
DEBT ISSUED PRIOR TO SUCH DATE. The director of the budget shall allo-
cate the aggregate principal authorized to be issued by the agency among
the office of mental health, office for people with developmental disa-
bilities, and the office of addiction services and supports, in consul-
tation with their respective commissioners to finance bondable appropri-
ations previously approved by the legislature.
§ 39. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 36 of part XX of chapter 56 of the laws of 2024, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [five hundred twenty-two million five hundred thousand dollars
$522,500,000] FIVE HUNDRED FIFTY MILLION FIVE HUNDRED THOUSAND DOLLARS
$550,500,000, excluding bonds issued to fund one or more debt service
S. 3006--C 163 A. 3006--C
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital costs related to homeland
security and training facilities for the division of state police, the
division of military and naval affairs, and any other state agency,
including the reimbursement of any disbursements made from the state
capital projects fund, and is hereby authorized to issue bonds or notes
in one or more series in an aggregate principal amount not to exceed
[one billion eight hundred fifty-five million two hundred eighty-six
thousand dollars $1,855,286,000] TWO BILLION ONE HUNDRED SIXTY-EIGHT
MILLION THREE HUNDRED THIRTY-ONE THOUSAND DOLLARS $2,168,331,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued, for the
purpose of financing improvements to State office buildings and other
facilities located statewide, including the reimbursement of any
disbursements made from the state capital projects fund. Such bonds and
notes of the corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to the corporation for debt
service and related expenses pursuant to any service contracts executed
pursuant to subdivision (b) of this section, and such bonds and notes
shall contain on the face thereof a statement to such effect.
§ 40. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 37 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion seven
hundred forty-two million seven hundred twelve thousand dollars
$1,742,712,000] ONE BILLION EIGHT HUNDRED SEVENTY-THREE MILLION FOUR
HUNDRED TWELVE THOUSAND DOLLARS $1,873,412,000, excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 41. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 38 of part XX of chapter 56 of the laws of 2024, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
S. 3006--C 164 A. 3006--C
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [fourteen
billion eight hundred forty-four million five hundred eighty-seven thou-
sand dollars $14,844,587,000 cumulatively by the end of fiscal year
2024-25] FIFTEEN BILLION EIGHT HUNDRED TWENTY-TWO MILLION THREE HUNDRED
EIGHTY-FOUR THOUSAND DOLLARS $15,822,384,000. SUCH LIMIT SHALL EXCLUDE
BONDS ISSUED AFTER APRIL FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE
OR MORE DEBT SERVICE RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH
BONDS, AND (III) REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUS-
LY ISSUED, PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF
REFUNDING DEBT ISSUED PRIOR TO SUCH DATE. For purposes of this subdivi-
sion, such projects shall be deemed to include capital grants to cities,
towns and villages for the reimbursement of eligible capital costs of
local highway and bridge projects within such municipality, where allo-
cations to cities, towns and villages are based on the total number of
New York or United States or interstate signed touring route miles for
which such municipality has capital maintenance responsibility, and
where such eligible capital costs include the costs of construction and
repair of highways, bridges, highway-railroad crossings, and other
transportation facilities for projects with a service life of ten years
or more.
§ 42. Subdivision 1 of section 53 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 39 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the acquisition of equipment, including but
not limited to the creation or modernization of information technology
systems and related research and development equipment, health and safe-
ty equipment, heavy equipment and machinery, the creation or improvement
of security systems, and laboratory equipment and other state costs
associated with such capital projects. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [five hundred ninety-three million dollars $593,000,000] SIX
HUNDRED NINETY-THREE MILLION DOLLARS $693,000,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the dormitory authority and the urban development corporation
for principal, interest, and related expenses pursuant to a service
contract and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
S. 3006--C 165 A. 3006--C
§ 43. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 40 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [ten billion eight hundred sixty-six million five
hundred sixty thousand dollars $10,866,560,000] FOURTEEN BILLION FOUR
HUNDRED EIGHTY MILLION EIGHT HUNDRED SIXTY THOUSAND DOLLARS
$14,480,860,000, exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
issued to refund or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 44. Subdivision 1 and paragraph (a) of subdivision 2 of section 17
of part D of chapter 389 of the laws of 1997, relating to the financing
of the correctional facilities improvement fund and the youth facility
improvement fund, subdivision 1 as amended by section 41 of part XX of
chapter 56 of the laws of 2024, and paragraph (a) of subdivision 2 as
amended by section 20 of part P2 of chapter 62 of the laws of 2003, are
amended to read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [one billion sixty-six million
seven hundred fifty-five thousand dollars $1,066,755,000, which] ONE
BILLION TWO HUNDRED SEVENTEEN MILLION SEVEN HUNDRED FIFTY-FIVE THOUSAND
DOLLARS $1,217,755,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO
THOUSAND TWENTY-FIVE TO (A) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS,
(B) TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND (C) REFUND OR OTHERWISE
REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HERE-
IN SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH
DATE. WHICH authorization increases the aggregate principal amount of
bonds, notes and other obligations authorized by section 40 of chapter
309 of the laws of 1996, and shall include all bonds, notes and other
obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund or the capital projects fund, to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the office of children and family
services from the youth facilities improvement fund OR THE CAPITAL
PROJECTS FUND for capital projects. [The aggregate amount of bonds,
notes and other obligations authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from appropriations or reappropriations
made to the office of children and family services; provided, however,
that upon any such refunding or repayment the total aggregate principal
amount of outstanding bonds, notes or other obligations may be greater
S. 3006--C 166 A. 3006--C
than one billion sixty-six million seven hundred fifty-five thousand
dollars $1,066,755,000, only if the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
to be issued shall not exceed the present value of the aggregate debt
service of the bonds, notes or other obligations so to be refunded or
repaid. For the purposes hereof, the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
and of the aggregate debt service of the bonds, notes or other obli-
gations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the corporation including estimated accrued interest from
the sale thereof.]
(a) The New York state office of general services shall be responsible
for the undertaking of studies, planning, site acquisition, design,
construction, reconstruction, renovation and development of youth facil-
ities AND THE TONAWANDA INDIAN COMMUNITY HOUSE, including the making of
any purchases therefor, on behalf of the New York state office of chil-
dren and family services.
§ 45. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 42 of part XX of chapter 56 of the laws of 2024, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed
[fifteen billion two hundred forty million six hundred sixty-nine thou-
sand dollars $15,240,669,000] SEVENTEEN BILLION THIRTY MILLION TWENTY-
SEVEN THOUSAND DOLLARS $17,030,027,000, excluding bonds issued to fund
one or more debt service reserve funds, to pay costs of issuance of such
bonds, and to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the authority, the dormitory authority
and the urban development corporation shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to the authori-
ty, the dormitory authority and the urban development corporation for
principal, interest, and related expenses pursuant to a service contract
and such bonds and notes shall contain on the face thereof a statement
to such effect. Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only be
used to pay debt service on such bonds.
§ 46. Subdivision 1 of section 44 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 43 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
S. 3006--C 167 A. 3006--C
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the regional economic development council initiative,
the economic transformation program, state university of New York
college for nanoscale and science engineering, projects within the city
of Buffalo or surrounding environs, the New York works economic develop-
ment fund, projects for the retention of professional football in west-
ern New York, the empire state economic development fund, the clarkson-
trudeau partnership, the New York genome center, the Cornell university
college of veterinary medicine, the olympic regional development author-
ity, projects at nano Utica, Onondaga county revitalization projects,
Binghamton university school of pharmacy, New York power electronics
manufacturing consortium, regional infrastructure projects, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York,
Rush - NY, New York AI Consortium, New York Creates UEV Tool, and other
state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [twenty billion eight hundred seventy-eight million one
hundred ninety-four thousand dollars $20,878,194,000] TWENTY-THREE
BILLION SEVEN HUNDRED FIVE MILLION TWO HUNDRED FIFTY-THREE THOUSAND
DOLLARS $23,705,253,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 47. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 44 of part XX of chapter 56 of the laws of 2024, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
S. 3006--C 168 A. 3006--C
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [two hundred ninety-seven
million dollars $297,000,000] THREE HUNDRED NINETY-SEVEN MILLION DOLLARS
$397,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 48. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 45 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [three hundred ninety-six million eight hundred ninety-eight
thousand dollars $396,898,000] FOUR HUNDRED FORTY MILLION THREE HUNDRED
NINETY-SEVEN THOUSAND DOLLARS $440,397,000, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
§ 49. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 46 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty-one
million sixty thousand dollars $41,060,000] FORTY-ONE MILLION ONE
S. 3006--C 169 A. 3006--C
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS $41,175,000, excluding bonds
issued to finance one or more debt service reserve funds, to pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay such bonds or notes previously issued, for the purpose of
financing the construction of the New York state agriculture and markets
food laboratory. Eligible project costs may include, but not be limited
to the cost of design, financing, site investigations, site acquisition
and preparation, demolition, construction, rehabilitation, acquisition
of machinery and equipment, and infrastructure improvements. Such bonds
and notes of such authorized issuers shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to such author-
ized issuers for debt service and related expenses pursuant to any
service contract executed pursuant to subdivision two of this section
and such bonds and notes shall contain on the face thereof a statement
to such effect. Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only be
used to pay debt service on such bonds.
§ 50. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 46 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [five
billion one hundred fifty-three million dollars $5,153,000,000] SIX
BILLION ONE HUNDRED SIXTY-EIGHT MILLION DOLLARS $6,168,000,000, exclud-
ing bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 51. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 55 of part XX of chapter 56 of the laws of 2024, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed [twelve billion five
S. 3006--C 170 A. 3006--C
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000] FIFTEEN BILLION FIVE HUNDRED FIFTEEN MILLION EIGHT
HUNDRED FIFTY-SIX THOUSAND DOLLARS $15,515,856,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds. Notwith-
standing any other provision of law to the contrary, including the limi-
tations contained in subdivision four of section sixty-seven-b of the
state finance law, (A) any bonds and notes issued prior to April first,
two thousand twenty-seven pursuant to this section may be issued with a
maximum maturity of fifty years, and (B) any bonds issued to refund such
bonds and notes may be issued with a maximum maturity of fifty years
from the respective date of original issuance of such bonds and notes.
§ 52. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 28 of part PP of chapter 56 of the laws of 2023, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [five
hundred thirty-eight million one hundred thousand dollars $538,100,000]
FIVE HUNDRED FIFTY MILLION ONE HUNDRED THOUSAND DOLLARS $550,100,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 53. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 28 of part XX of chapter 56 of the laws of 2024, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
S. 3006--C 171 A. 3006--C
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [ten billion two hundred nine-
ty-nine million three hundred fifty-nine thousand dollars
$10,299,359,000, and shall include all bonds, notes and other obli-
gations issued pursuant to chapter 56 of the laws of 1983, as amended or
supplemented. The proceeds of such bonds, notes or other obligations
shall be paid to the state, for deposit in the correctional facilities
capital improvement fund to pay for all or any portion of the amount or
amounts paid by the state from appropriations or reappropriations made
to the department of corrections and community supervision from the
correctional facilities capital improvement fund for capital projects.
The aggregate amount of bonds, notes or other obligations authorized to
be issued pursuant to this section shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended by the state from
appropriations or reappropriations made to the department of corrections
and community supervision; provided, however, that upon any such refund-
ing or repayment the total aggregate principal amount of outstanding
bonds, notes or other obligations may be greater than ten billion two
hundred ninety-nine million three hundred fifty-nine thousand dollars
$10,299,359,000, only if the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations to be
issued shall not exceed the present value of the aggregate debt service
of the bonds, notes or other obligations so to be refunded or repaid.
For the purposes hereof, the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations and of
the aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the corporation including estimated accrued interest from the sale ther-
eof] ELEVEN BILLION ONE HUNDRED SEVENTEEN MILLION THREE HUNDRED FIFTY-
NINE THOUSAND DOLLARS $11,117,359,000, EXCLUDING BONDS ISSUED AFTER
APRIL FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT
SERVICE RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH BONDS, AND
(III) REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED,
PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF REFUNDING
DEBT ISSUED PRIOR TO SUCH DATE.
§ 54. The opening paragraph of section 3573 of the public authorities
law, as added by chapter 5 of the laws of 1997, is amended to read as
follows:
Notwithstanding any provision of this article or any other provision
of law to the contrary, so long as bonds issued by the dormitory author-
ity [to finance facilities for] ON OR BEFORE MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-FIVE TO MAKE LOANS TO the department of health of the
state of New York TO FINANCE STATE HOSPITAL FACILITIES LISTED IN SECTION
FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW remain outstanding as
defined in the bond resolution under which such bonds were issued, the
following provisions shall be applicable:
S. 3006--C 172 A. 3006--C
§ 55. Paragraph (a) of subdivision 2 of section 409 of the public
health law, as amended by chapter 5 of the laws of 1997, is amended and
a new subdivision 6 is added to read as follows:
(a) The commissioner shall, after the first day of July, nineteen
hundred seventy-one, pay over moneys received by the department includ-
ing, SUBJECT TO SUBDIVISION SIX OF THIS SECTION, moneys received from
the Roswell Park Cancer Institute corporation for the care, maintenance
and treatment of patients at state hospitals in the department as
enumerated in section four hundred three of this chapter, together with
money received from fees, including parking fees, refunds, reimburse-
ments, payments received pursuant to leases, sales of property and
miscellaneous receipts of such hospitals other than gifts, grants,
bequests and moneys received under research contracts, and clinical
practice income received pursuant to a clinical practice plan estab-
lished pursuant to subdivision fourteen of section two hundred six of
this chapter except for the amount of money required by the comptroller
to be maintained on deposit in the department of health income fund
pursuant to paragraph (c) of this subdivision less payments required to
be made into pools created by this chapter and for assessments estab-
lished pursuant to this chapter and less refunds made pursuant to law,
to the comptroller to be deposited by [him] THE COMPTROLLER in the
department of health income fund. Such moneys shall be kept separate and
shall not be commingled with any other moneys in the hands of the comp-
troller. All deposits of such money shall, if required by the comp-
troller, be secured by obligations of the United States or of the state
of market value equal at all times to the amount of the deposit and all
banks and trust companies are authorized to give such securities for
such deposits. The commissioner shall identify to the comptroller moneys
received from Roswell Park Cancer Institute corporation or its subsid-
iaries.
6. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, UPON THE
PAYMENT OR PROVISION FOR PAYMENT OF ALL OUTSTANDING BONDS ISSUED ON OR
BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE BY THE DORMITORY
AUTHORITY TO MAKE LOANS TO THE DEPARTMENT TO FINANCE OR REFINANCE STATE
HOSPITAL FACILITIES IN ACCORDANCE WITH THE TERMS OF THE BOND RESOLUTION
UNDER WHICH SUCH BONDS WERE ISSUED, THE PROVISIONS OF SUBDIVISIONS TWO
AND FIVE OF THIS SECTION REQUIRING (I) THE PAYMENT AND IDENTIFICATION BY
THE DEPARTMENT TO THE COMPTROLLER OF MONEYS RECEIVED FROM THE ROSWELL
PARK CANCER INSTITUTE CORPORATION, (II) THE DEPOSIT AND MAINTENANCE OF
SUCH MONEYS FROM THE ROSWELL PARK CANCER INSTITUTE CORPORATION BY THE
COMPTROLLER IN THE DEPARTMENT OF HEALTH INCOME FUND, AND (III) THE
RELEASE OF EXCESS MONEYS IN THE DEPARTMENT OF HEALTH INCOME FUND ATTRI-
BUTED TO THE OPERATION OF THE ROSWELL PARK CANCER INSTITUTE CORPORATION
OR ITS SUBSIDIARIES, SHALL NO LONGER BE APPLICABLE AND, THEREAFTER, ALL
SUCH MONEYS FROM THE OPERATION OF THE ROSWELL PARK CANCER INSTITUTE
CORPORATION SHALL REMAIN IN THE CUSTODY AND/OR CONTROL OF THE CORPO-
RATION AND/OR ITS SUBSIDIARIES.
§ 56. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968 constituting the urban development
corporation act, as amended by section 54 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
S. 3006--C 173 A. 3006--C
a maturity no later than March 31, [2025] 2026, in one or more series in
an aggregate principal amount for each fiscal year not to exceed three
billion dollars, and to pay costs of issuance of such notes, for the
purpose of temporarily financing budgetary needs of the state. Such
purpose shall constitute an authorized purpose under subdivision two of
section sixty-eight-a of the state finance law for all purposes of arti-
cle five-C of the state finance law with respect to the notes authorized
by this paragraph. Such notes shall not be renewed, extended or
refunded. For so long as any notes authorized by this paragraph shall be
outstanding, the restrictions, limitations and requirements contained in
article five-B of the state finance law shall not apply.
§ 57. Subdivision 8 of section 68-b of the state finance law, as
amended by section 60 of part JJJ of chapter 59 of the laws of 2021, is
amended to read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state of New York, the urban
development corporation and the New York state thruway authority may
issue revenue bonds for any authorized purpose of any other such author-
ized issuer through March thirty-first, two thousand [twenty-five] THIR-
TY. Any such revenue bonds issued by the New York state thruway authori-
ty shall be subject to the approval of the New York state public
authorities control board, pursuant to section fifty-one of the public
authorities law. The authorized issuers shall not issue any revenue
bonds in an amount in excess of statutory authorizations for such
authorized purposes. Authorizations for such authorized purposes shall
be reduced in an amount equal to the amount of revenue bonds issued for
such authorized purposes under this article. Such reduction shall not be
made in relation to revenue bonds issued to fund reserve funds, if any,
and costs of issuance, [if these items are not counted under existing
authorizations,] nor shall revenue bonds issued to refund bonds issued
under existing authorizations reduce the amount of such authorizations.
§ 58. Section 93-a of the state finance law is REPEALED.
§ 59. Section 46 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, is
REPEALED.
§ 60. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, thirteen, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty and twenty-one of this act shall expire March
31, 2026.
§ 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 MM of this act shall be
as specifically set forth in the last section of such Parts.
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