S T A T E O F N E W Y O R K
________________________________________________________________________
7122
2025-2026 Regular Sessions
I N S E N A T E
April 1, 2025
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed 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
S. 7122 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.