S T A T E   O F   N E W   Y O R K
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                                   8504
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to enacting the "New York
   state community college funding stability act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state community college funding stability act".
   § 2. The education law is amended by adding a new section 6311 to read
 as follows:
   §  6311. STATE FUNDING FLOOR FOR SUNY COMMUNITY COLLEGES. 1. THE STATE
 OF NEW YORK SHALL PROVIDE EACH COMMUNITY  COLLEGE  OPERATING  UNDER  THE
 UNIVERSITY OF THE STATE OF NEW YORK WITH ANNUAL BASE FUNDING EQUAL TO NO
 LESS  THAN  THE  HIGHEST  AMOUNT  RECEIVED  IN ANY OF THE PREVIOUS THREE
 FISCAL YEARS.
   2. (A) THE FUNDING FLOOR FOR COMMUNITY COLLEGES UNDER SUBDIVISION  ONE
 OF THIS SECTION SHALL BE AUTOMATICALLY INDEXED TO INFLATION AND ADJUSTED
 ANNUALLY BASED ON THE COMMONFUND HIGHER EDUCATION PRICE INDEX, AS RECOG-
 NIZED  BY  THE  FEDERAL  DEPARTMENT  OF EDUCATION, TO ACCOUNT FOR RISING
 OPERATIONAL COSTS, INCLUDING BUT NOT LIMITED TO FACULTY SALARIES,  TECH-
 NOLOGY NEEDS, AND CAMPUS MAINTENANCE.
   (B) THE DIVISION OF THE BUDGET, IN CONSULTATION WITH THE STATE UNIVER-
 SITY  TRUSTEES,  SHALL  CERTIFY  THE  ANNUAL  INFLATION-ADJUSTED FUNDING
 AMOUNT UNDER PARAGRAPH  (A)  OF  THIS  SUBDIVISION  NO  LATER  THAN  THE
 FIFTEENTH OF JANUARY OF EACH FISCAL YEAR.
   3.  IF  A COMMUNITY COLLEGE'S ENROLLMENT DECLINES, STATE AID PER FULL-
 TIME EQUIVALENT STUDENT SHALL NOT FALL BELOW THE PRIOR YEAR'S STATE  AID
 PER FULL-TIME EQUIVALENT STUDENT FUNDING LEVEL. IF A COMMUNITY COLLEGE'S
 ENROLLMENT  INCREASES,  SUCH  COMMUNITY COLLEGE SHALL RECEIVE ADDITIONAL
 FUNDING AT THE PREVAILING STATE AID  PER  FULL-TIME  EQUIVALENT  STUDENT
 RATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10404-01-5
              

 A. 8504                             2
 
   4.  IN  THE  EVENT  OF A STATE FISCAL EMERGENCY, NO DEVIATION FROM THE
 FUNDING FLOOR OR INFLATION-INDEXING REQUIREMENT UNDER THIS SECTION SHALL
 BE AUTHORIZED UNLESS SUCH DEVIATION IS APPROVED BY A TWO-THIRDS VOTE  OF
 THE  STATE  LEGISLATURE,  WITH  A  WRITTEN JUSTIFICATION PROVIDED TO THE
 PUBLIC AND TO THE STATE UNIVERSITY TRUSTEES.
   5. THE COMPTROLLER AND THE STATE UNIVERSITY TRUSTEES SHALL OVERSEE THE
 IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION.
   6.  THE  CHANCELLOR  OF  THE UNIVERSITY OF THE STATE OF NEW YORK SHALL
 SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE INCLUDING,  BUT  NOT  LIMITED
 TO,  COMMUNITY  COLLEGE  FUNDING  UNDER  THIS SECTION, COMMUNITY COLLEGE
 ENROLLMENT TRENDS, COMPLIANCE WITH THE FUNDING FLOOR UNDER THIS SECTION,
 AND THE IMPACT OF INFLATION ADJUSTMENTS MADE UNDER THIS SECTION.
   7. ANY RULE OR  REGULATION  NECESSARY  FOR  THE  ENFORCEMENT  OF  THIS
 SECTION IS AUTHORIZED TO BE PROMULGATED.
   8.  IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION OF THIS SECTION
 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, OR SUBDIVISION 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 SECTION  WOULD  HAVE  BEEN
 ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 3. This act shall take effect immediately.