Senate Bill S10506

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10506
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  providing  enhanced
   building  aid  for school construction projects in municipalities that
   meet transit-oriented development or housing growth benchmarks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The legislature finds that New York
 State faces a critical housing shortage that threatens economic  growth,
 affordability,  and  sustainability.  Transit-oriented  development  and
 increased housing production are essential tools to address this crisis.
   The legislature further finds that municipalities  often  face  fiscal
 pressures  associated  with  population  growth,  including  the need to
 expand and modernize school  facilities.  Providing  targeted  financial
 incentives  through the state's school building aid formula will encour-
 age municipalities to support housing growth while ensuring  that  local
 infrastructure keeps pace.
   Therefore,  it is the intent of this act to reward municipalities that
 advance  transit-oriented  development  or  achieve  meaningful  housing
 production targets by increasing the state reimbursement rate for eligi-
 ble school construction projects.
   §  2.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-j to read as follows:
   6-J. ENHANCED BUILDING AID FOR  HOUSING  GROWTH  AND  TRANSIT-ORIENTED
 COMMUNITIES.  (A)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 FOR ANY SCHOOL DISTRICT LOCATED WHOLLY OR PARTIALLY WITHIN A  QUALIFYING
 MUNICIPALITY,  THE  APPROVED BUILDING AID RATIO FOR ANY ELIGIBLE CAPITAL
 CONSTRUCTION PROJECT SHALL  BE  INCREASED  BY  FIVE  PERCENTAGE  POINTS,
 SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION.
   (B)  FOR  PURPOSES  OF  THIS  SUBDIVISION, A "QUALIFYING MUNICIPALITY"
 SHALL MEAN A CITY, TOWN, OR VILLAGE THAT  MEETS  AT  LEAST  ONE  OF  THE
 FOLLOWING  CRITERIA,  AS  DETERMINED  BY  THE  COMMISSIONER OF HOMES AND
 COMMUNITY RENEWAL IN CONSULTATION WITH THE COMMISSIONER  OF  TRANSPORTA-
 TION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15841-01-6
 S. 10506                            2
 
   (I) THE MUNICIPALITY HAS ADOPTED ZONING AND LAND USE POLICIES THAT:
   (A)  PERMIT  RESIDENTIAL  DEVELOPMENT  AT A MINIMUM AVERAGE DENSITY OF
 FIFTEEN DWELLING UNITS PER ACRE WITHIN ONE-HALF MILE OF A COMMUTER  RAIL
 STATION, SUBWAY STATION, FERRY TERMINAL, OR BUS RAPID TRANSIT CORRIDOR;
   (B) ALLOW MULTIFAMILY HOUSING AS-OF-RIGHT IN SUCH AREAS; AND
   (C)  DO  NOT  IMPOSE  MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SUCH
 DEVELOPMENTS; AND/OR
   (II) THE MUNICIPALITY HAS ACHIEVED A NET INCREASE IN HOUSING UNITS  OF
 NOT LESS THAN:
   (A) ONE PERCENT ANNUALLY OVER THE PRECEDING THREE YEARS; OR
   (B) THREE PERCENT OVER THE PRECEDING FIVE YEARS; AND/OR
   (III)  THE MUNICIPALITY HAS ADOPTED AND IS IMPLEMENTING A STATE-CERTI-
 FIED HOUSING PRODUCTION  PLAN  THAT  INCLUDES  ENFORCEABLE  TARGETS  AND
 ZONING REFORMS TO INCREASE HOUSING SUPPLY.
   (C)  THE  COMMISSIONER  OF  HOMES AND COMMUNITY RENEWAL SHALL ANNUALLY
 PUBLISH A LIST OF QUALIFYING MUNICIPALITIES ELIGIBLE UNDER THIS SUBDIVI-
 SION.
   (D) THE ENHANCED BUILDING AID PROVIDED PURSUANT  TO  THIS  SUBDIVISION
 SHALL  APPLY  ONLY  TO PROJECTS APPROVED BY THE COMMISSIONER ON OR AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (E) THE ADDITIONAL AID PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT
 CAUSE A DISTRICT'S TOTAL  BUILDING  AID  RATIO  TO  EXCEED  NINETY-EIGHT
 PERCENT.
   (F) THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 projects approved on or after such effective date.