[ ] is old law to be omitted.
LBD12672-03-6
S. 9006--B 2
of the laws of 1974 relating to providing for the apportionment of
state monies to certain nonpublic schools, to reimburse them for their
expenses in complying with certain state requirements for the adminis-
tration of state testing and evaluation programs and for participation
in state programs for the reporting of basic educational data, in
relation to expanding qualifying schools to be located statewide; 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 moni-
tor, in relation to establishing a monitor team; 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 the apportionment amount for such school district; to
amend the education law, in relation to establishing the artificial
intelligence literacy digital equity competitive grant program; and to
repeal paragraph g of subdivision 1 of section 3635 of the education
law, relating to providing transportation for students attending a
universal pre-kindergarten program (Part A-1); to amend the education
law, in relation to evidence-based mathematics instruction (Part B);
to amend the education law, in relation to eligibility for the New
York opportunity promise scholarship (Part C); to amend the education
law, in relation to certificate of residence policies for community
colleges (Part D); to amend the education law, in relation to tuition
rates of non-resident undergraduate and graduate students at the state
university of New York and city university of New York (Part E); to
amend the education law, in relation to early childhood educator
eligibility for the masters-in-education teacher incentive scholarship
program (Part F); to amend the state finance law, in relation to the
New York state music grant fund (Part G); to amend the social services
law, in relation to child care provider registration and licensing
(Part H); to amend the social services law, in relation to the payment
of certain expenses by adoptive parents (Part I); to amend the public
health law, in relation to authorizing body scanner utilization in
detention and youth justice facilities (Part J); to amend part N of
chapter 56 of the laws of 2020 amending the social services law relat-
ing to restructuring financing for residential school placements, in
relation to the effectiveness thereof (Part K); to amend the social
services law, in relation to increasing the standards of monthly need
for aged, blind and disabled persons living in the community (Part L);
to utilize reserves in the mortgage insurance fund for various housing
purposes (Part M); to amend the not-for-profit corporation law, in
relation to the maximum number of land banks that can simultaneously
exist in New York state (Part N); to amend the real property tax law,
in relation to authorizing a tax abatement for alterations and
improvements to multiple dwellings for purposes of preserving habita-
bility in affordable housing (Part O); to amend the penal law, in
relation to the aggravated harassment of a rent regulated tenant (Part
P); to amend the private housing finance law, in relation to estab-
lishing the New York state first home savings program, which author-
izes first time home buyers to establish savings accounts to purchase
a home; and to amend the tax law, in relation to establishing a
personal income tax deduction for deposits into such accounts (Part
Q); to amend the private housing finance law, in relation to estab-
lishing an affordable independent senior housing assistance program
(Part R); to amend the private housing finance law, in relation to
increasing the annual amount of loans made to an agricultural producer
S. 9006--B 3
from the housing development fund (Part S); to amend the private hous-
ing finance law, in relation to the mobile and manufactured home
replacement program (Part T); to amend the social services law and the
mental hygiene law, in relation to the 2-1-1 essential community
services hotline system (Part U); to amend the education law, in
relation to allowing for students in postsecondary education experi-
ence or transition program to receive awards from the tuition assist-
ance program (Part V); to amend the education law, in relation to the
New York state district attorney and indigent legal services attorney
loan forgiveness program (Part W); to amend the education law, in
relation to phasing out certain mandatory university fees for graduate
students (Part X); to amend the education law, in relation to the
criteria for determining tuition assistance program awards (Part Y);
establishing a fiscal cliff task force to conduct a study on fiscal
cliffs in the state's public assistance programs and to make recommen-
dations related thereto; and providing for the repeal of such
provision upon expiration thereof (Part Z); to amend the social
services law, in relation to allowances for the costs of diapers (Part
AA); to amend the social services law, in relation to enacting the
"shelter arrears eviction forestallment act" to provide emergency
assistance for rent or mortgage arrears or other fees for the
prevention of eviction (Part BB); to amend the state finance law, in
relation to establishing the youth justice innovation fund (Part CC);
to amend the education law, in relation to requiring institutions
within the state university of New York and the city university of New
York to have at least one vending machine on campus which makes emer-
gency contraception available for purchase (Part DD); to amend the
education law, in relation to establishing an emergency aid grant
program to allow the state university of New York or the city univer-
sity of New York to provide emergency aid grants to certain students
(Part EE); to amend the education law, in relation to enacting the
"licensure incentives and fee-support for testing (LIFT) act" (Part
FF); to amend the social services law and the state finance law, in
relation to establishing a SNAP and cash assistance fraud victims
compensation fund (Part GG); to amend the social services law, in
relation to establishing a full year youth employment immersion pilot
program; and in relation to creating a youth or young adult employment
immersion pilot program in three social services districts (Part HH);
to amend the private housing finance law, in relation to the "jobs and
housing act" (Part II); to amend the state finance law, in relation to
establishing the New York state worker protection and labor law
enforcement fund (Part JJ); to amend the labor law, in relation to
requiring training to reduce abusive conduct and bullying in the work-
place (Part KK); to amend the education law, in relation to providing
free SUNY, CUNY and community college tuition to active volunteer
firefighters, volunteer emergency medical services providers, and
volunteer auxiliary police officers (Part LL); to amend the workers'
compensation law and the insurance law, in relation to increasing
short-term disability benefits (Part MM); to amend the real property
tax law, in relation to the property tax exemption for certain disa-
bled veterans (Part NN); and to amend the education law, in relation
to allowing for a modest increase in annual income to not disqualify
someone from the excelsior scholarship (Part OO)
S. 9006--B 4
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state education, labor, housing and family
assistance budget for the 2026-2027 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through OO. 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
2025, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
S. 9006--B 5
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
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
S. 9006--B 6
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
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-
S. 9006--B 7
-two thousand twenty-five school year; AND PROVIDED FURTHER THAT A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, UNLESS ALL
SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT
A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS
OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR;
provided, however, that, in a city school district in a city having a
population of one million or more, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section, the
contract for excellence shall provide for the expenditure as set forth
in subparagraph (v) of paragraph a of subdivision two of this section.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" shall be calculated as the sum of one minus the quotient of the sum
of the school district's net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten, making appropriations for the support of
government, plus the school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the support of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations for the local assistance budget,
including support for general support for public schools. Provided,
further, that such amount shall be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school year or to support new or expanded allowable
programs and activities in the current year.
§ 2. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph g to read as follows:
G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUN-
DATION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 13 to read as follows:
(13) (A) RENEWABLE ENERGY PROJECTS SHALL BE CONSIDERED PART OF THE
COST ALLOWANCE CALCULATED BY THE COMMISSIONER PURSUANT TO THIS SUBPARA-
GRAPH.
(B) RENEWABLE ENERGY PROJECTS INCLUDE: (I) SOLAR PHOTOVOLTAIC OR THER-
MAL SYSTEMS, WHETHER GROUND-MOUNTED OR ROOF-MOUNTED; (II) GEOTHERMAL
SYSTEMS; AND (III) OTHER COMMERCIALLY PROVEN AND COST-EFFECTIVE RENEWA-
BLE ENERGY TECHNOLOGIES PURSUANT TO REGULATIONS OF THE COMMISSIONER.
RENEWABLE ENERGY PROJECTS MAY NOT INCLUDE CAPITAL EXPENSES ALLOWABLE
UNDER SUBDIVISION SEVEN OF THIS SECTION.
(C) GROUND-MOUNTED RENEWABLE ENERGY PROJECTS SHALL BE SITED TO MINI-
MIZE IMPACTS ON ATHLETIC FIELDS, OUTDOOR EDUCATIONAL SPACES, AND NATURAL
AREAS SERVING THE SCHOOL.
(D) THE PORTION OF PROJECT COSTS ATTRIBUTABLE TO SYSTEM CAPACITY THAT,
WHEN COMBINED WITH OTHER RENEWABLE ENERGY PROJECTS, IF ANY, EXCEEDS ONE
S. 9006--B 8
HUNDRED TEN PERCENT OF THE BUILDING'S BASELINE ENERGY CONSUMPTION SHALL
NOT CONSTITUTE AN AIDABLE EXPENSE. BASELINE ENERGY CONSUMPTION SHALL BE
CALCULATED USING THE HISTORIC ANNUAL ENERGY CONSUMPTION AS DETERMINED BY
THE COMMISSIONER.
§ 4. Paragraphs b and c of subdivision 1 of section 3602-e of the
education law, as amended by section 19 of part B of chapter 57 of the
laws of 2007, are amended and four new paragraphs c-1, f, g, and h are
added to read as follows:
b. "Eligible agencies" shall mean a provider of child care and early
education, a day care provider, early childhood program or center, NON-
PROFIT ORGANIZATION, CHARTER SCHOOL, LIBRARY, MUSEUM, or community-based
organization, including but not limited to approved pre-school special
education programs, head start, and nursery schools so long as the stan-
dards and qualifications set forth pursuant to subdivision twelve of
this section have been met.
c. "Eligible FOUR-YEAR-OLD children" shall mean resident children who
are four years of age on or before December first of the year in which
they are enrolled or who will otherwise be first eligible to enter
public school kindergarten commencing with the following school year.
C-1. "ELIGIBLE THREE-YEAR-OLD CHILDREN" SHALL MEAN RESIDENT CHILDREN
WHO ARE THREE YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN
WHICH THEY ARE ENROLLED OR WHO WILL OTHERWISE BE FIRST ELIGIBLE TO ENTER
PUBLIC SCHOOL KINDERGARTEN COMMENCING TWO YEARS FROM THE TIME OF ENROLL-
MENT.
F. "UNIVERSAL ACCESS PROXY" SHALL MEAN THE PRODUCT OF EIGHTY-FIVE
PERCENT MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE SUM
OF THE PUBLIC SCHOOL ENROLLMENT AND THE NONPUBLIC SCHOOL ENROLLMENT OF
CHILDREN ATTENDING FULL-DAY AND HALF-DAY KINDERGARTEN PROGRAMS IN THE
DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR LESS THE NUMBER OF RESIDENT
CHILDREN WHO ATTAIN THE AGE OF FOUR BEFORE DECEMBER FIRST OF THE BASE
YEAR, WHO WERE SERVED DURING SUCH SCHOOL YEAR BY A PREKINDERGARTEN
PROGRAM APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER, WHERE SUCH SERVICES ARE PROVIDED FOR MORE THAN FOUR HOURS PER
DAY.
G. "HALF-DAY PROGRAM" SHALL MEAN A PROGRAM WHICH SERVES STUDENTS FOR
AT LEAST TWO AND FIVE-TENTHS HOURS BUT LESS THAN FIVE HOURS PER DAY.
H. "FULL-DAY PROGRAM" SHALL MEAN A PROGRAM WHICH SERVES STUDENTS FOR
AT LEAST FIVE HOURS PER DAY.
§ 5. Subdivisions 9, 10, 11, 18, 19, and 20 of section 3602-e of the
education law are REPEALED and two new subdivisions 10 and 11 are added
to read as follows:
10. UNIVERSAL PREKINDERGARTEN APPORTIONMENT. SCHOOL DISTRICTS SHALL
RECEIVE A UNIVERSAL PREKINDERGARTEN APPORTIONMENT, IN THE TWO THOUSAND
TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THEREAFTER, EQUAL
TO THE SUM OF THE FOUR-YEAR-OLD APPORTIONMENT AND THE THREE-YEAR-OLD
APPORTIONMENT.
A. THE FOUR-YEAR-OLD APPORTIONMENT SHALL EQUAL THE LESSER OF (I) THE
PRODUCT OF AID PER FOUR-YEAR-OLD PREKINDERGARTEN PUPIL MULTIPLIED BY
FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED, OR (II) TOTAL ACTUAL GRANT
EXPENDITURES INCURRED BY THE SCHOOL DISTRICT AS APPROVED BY THE COMMIS-
SIONER.
(1) "AID PER FOUR-YEAR-OLD PREKINDERGARTEN PUPIL" SHALL EQUAL THE
GREATER OF (A) THE SCHOOL DISTRICT'S SELECTED FOUNDATION AID FOR THE
CURRENT YEAR PROJECTION PUBLISHED AS OF MAY FIFTEENTH OF THE PRIOR
SCHOOL YEAR, CALCULATED PURSUANT TO PARAGRAPH FOUR OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART, (B) TEN THOUSAND DOLLARS, OR (C) THE AMOUNT
S. 9006--B 9
SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 4YO MAX UPK AID" ON THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWEN-
TY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7" DIVIDED BY THE AMOUNT SET
FORTH AS "2025-26 4YO MAX FTE" ON SUCH LISTING.
(2) "FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM
OF (I) THE UNDUPLICATED COUNT OF ALL ELIGIBLE FOUR-YEAR-OLD CHILDREN
REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN A FULL-DAY PROGRAM, AS
REGISTERED ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECIFIED BY THE
COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT,
AS REPORTED TO THE COMMISSIONER PLUS (II) FOR THE TWO THOUSAND TWENTY-
SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR THROUGH THE TWO THOUSAND
TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR, THE PRODUCT OF FIVE
TENTHS MULTIPLIED BY THE UNDUPLICATED COUNT OF ELIGIBLE FOUR-YEAR-OLD
CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN A HALF-DAY
PROGRAM, AS REGISTERED ON SUCH DATE AND REPORTED TO THE COMMISSIONER.
B. THE THREE-YEAR-OLD APPORTIONMENT SHALL EQUAL THE LESSER OF (I) THE
PRODUCT OF THE THREE-YEAR-OLD MAXIMUM APPORTIONMENT AND THE THREE-YEAR-
OLD MAINTENANCE OF EFFORT PERCENTAGE OR (II) TOTAL ACTUAL GRANT EXPENDI-
TURES INCURRED BY THE SCHOOL DISTRICT AS APPROVED BY THE COMMISSIONER.
(1) "THREE-YEAR-OLD MAXIMUM APPORTIONMENT" SHALL EQUAL THE GREATER OF
THE THREE-YEAR-OLD MAXIMUM APPORTIONMENT FROM THE BASE YEAR OR THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 3YO MAX UPK AID"
ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7."
(2) "THREE-YEAR-OLD MAINTENANCE OF EFFORT PERCENTAGE" SHALL EQUAL THE
QUOTIENT OF THREE-YEAR-OLD STUDENTS SERVED DIVIDED BY THE MAXIMUM ELIGI-
BLE THREE-YEAR-OLD STUDENTS, BUT SHALL NOT EXCEED ONE HUNDRED PERCENT.
(A) "THREE-YEAR-OLD STUDENTS SERVED" SHALL EQUAL THE SUM OF (I) THE
UNDUPLICATED COUNT OF ELIGIBLE THREE-YEAR-OLD CHILDREN REGISTERED TO
RECEIVE EDUCATIONAL SERVICES IN A FULL-DAY PROGRAM AS REGISTERED ON THE
DATE PRIOR TO NOVEMBER FIRST THAT IS SPECIFIED BY THE COMMISSIONER AS
THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT, AS REPORTED TO
THE COMMISSIONER, PLUS (II) THE PRODUCT OF FIVE-TENTHS MULTIPLIED BY THE
UNDUPLICATED COUNT OF ELIGIBLE THREE-YEAR-OLD CHILDREN REGISTERED TO
RECEIVE EDUCATIONAL SERVICES IN A HALF-DAY PROGRAM, AS REGISTERED ON
SUCH DATE AND REPORTED TO THE COMMISSIONER, (III) LESS THE THREE-YEAR-
OLD OVERAGE PENALTY.
(I) "THREE-YEAR-OLD OVERAGE PENALTY" SHALL EQUAL, FOR DISTRICTS WITH
THIRTY PERCENT FEWER THREE-YEAR-OLD STUDENTS SERVED IN FULL-DAY PROGRAMS
IN THE CURRENT YEAR THAN THE MAXIMUM ELIGIBLE THREE-YEAR-OLD FULL-DAY
STUDENTS, DUE TO THE CONVERSION OF THE MAXIMUM ELIGIBLE THREE-YEAR-OLD
FULL-DAY STUDENTS TO THREE-YEAR-OLD STUDENTS SERVED IN HALF-DAY PROGRAMS
IN THE CURRENT YEAR, THE DIFFERENCE OF THE PRODUCT OF SEVEN-TENTHS
MULTIPLIED BY THE MAXIMUM ELIGIBLE THREE-YEAR-OLD FULL-DAY STUDENTS,
ROUNDED DOWN TO THE NEAREST WHOLE NUMBER, LESS THE NUMBER OF THREE-YEAR-
OLD STUDENTS SERVED IN FULL-DAY PROGRAMS IN THE CURRENT YEAR.
(II) SCHOOL DISTRICTS MAY APPLY TO THE COMMISSIONER FOR A HARDSHIP
WAIVER THAT WOULD ALLOW A DISTRICT TO CONVERT MORE THAN THIRTY PERCENT
OF THREE-YEAR-OLD STUDENTS SERVED IN FULL-DAY PROGRAMS IN THE CURRENT
YEAR TO THREE-YEAR-OLD STUDENTS SERVED IN HALF-DAY PROGRAMS IN THE
CURRENT YEAR. SUCH WAIVER SHALL BE GRANTED UPON A DEMONSTRATION BY THE
SCHOOL DISTRICT THAT DUE TO A SIGNIFICANT CHANGE IN THE RESOURCES AVAIL-
ABLE TO THE SCHOOL DISTRICT AND ABSENT SUCH HARDSHIP WAIVER, THE SCHOOL
DISTRICT WOULD BE UNABLE TO SERVE SUCH PUPILS IN PREKINDERGARTEN
S. 9006--B 10
PROGRAMS, WITHOUT CAUSING SIGNIFICANT DISRUPTION TO OTHER DISTRICT
PROGRAMMING. IF A HARDSHIP WAIVER IS GRANTED, THE THREE-YEAR-OLD OVERAGE
PENALTY SHALL BE ZERO FOR THE CURRENT SCHOOL YEAR. NO SCHOOL DISTRICT
SHALL BE ELIGIBLE FOR A WAIVER IN THREE OR MORE CONSECUTIVE SCHOOL
YEARS.
(B) "MAXIMUM ELIGIBLE THREE-YEAR-OLD STUDENTS" SHALL EQUAL THE GREATER
OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 3YO MAX UPK
FTE" ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7" OR THE SUM OF
(I) THE MAXIMUM ELIGIBLE THREE-YEAR-OLD STUDENTS IN FULL-DAY PROGRAMS IN
THE BASE YEAR PLUS (II) THE PRODUCT OF FIVE-TENTHS MULTIPLIED BY THE
MAXIMUM ELIGIBLE THREE-YEAR-OLD STUDENTS IN HALF-DAY PROGRAMS IN THE
BASE YEAR.
C. SCHOOL DISTRICTS SHALL RECEIVE UP TO FIFTY PERCENT OF THE UNIVERSAL
PREKINDERGARTEN APPORTIONMENT DEFINED IN THIS SUBDIVISION UPON APPROVAL
OF THE APPLICATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, BUT NOT EARLIER THAN SEPTEMBER FIRST. SCHOOL DISTRICTS MAY BE
ELIGIBLE FOR AN ADDITIONAL TWENTY PERCENT OF SUCH APPORTIONMENT AFTER
APRIL FIRST OF EACH SCHOOL YEAR UPON COMPLETION OF A REQUEST FOR FUNDS
ON A FORM DESIGNATED BY THE COMMISSIONER. THE REMAINDER OF SUCH APPOR-
TIONMENT SHALL BE PAID TO EACH SCHOOL DISTRICT UPON ACCEPTANCE OF A
FINAL EXPENDITURE REPORT SUBMITTED ON A FORM DESIGNATED BY THE COMMIS-
SIONER IN THE FOLLOWING SCHOOL YEAR.
11. NO LATER THAN THE TWO THOUSAND TWENTY-EIGHT--TWO THOUSAND TWENTY-
NINE SCHOOL YEAR, ALL SCHOOL DISTRICTS SHALL SERVE IN A FULL-DAY PREKIN-
DERGARTEN PROGRAM ALL ELIGIBLE FOUR-YEAR-OLD CHILDREN WHOSE PARENT OR
GUARDIAN APPLIES TO ENROLL SUCH CHILD IN THE DISTRICT'S UNIVERSAL PREK-
INDERGARTEN PROGRAM, WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY THROUGH
THE SCHOOL DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR
COLLABORATIVE EFFORTS BETWEEN THE SCHOOL DISTRICT AND AN ELIGIBLE AGENCY
OR AGENCIES.
§ 6. For the 2026-2027 school year, notwithstanding any inconsistent
provision of law, for purposes of section 3602-e of the education law,
for a city school district in a city having a population of one million
or more the maximum eligible three-year-old students shall equal 31,561
and the three-year-old maximum apportionment shall equal the product of
the maximum eligible three-year-old students multiplied by the quotient
of the amount set forth for such school district as "2025-26 3YO MAX UPK
AID" on the school aid computer listing produced by the commissioner in
support of the executive budget for the 2026-27 fiscal year and entitled
"BT262-7" divided by the amount set forth as "2025-26 3YO MAX FTE" on
such listing.
§ 7. Section 3602-ee of the education law is REPEALED.
§ 8. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 13 of part A of chapter 56 of the laws of
2025, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-five] TWENTY-SIX--two thousand
[twenty-six] TWENTY-SEVEN school year, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21
ESTIMATED AIDS" in the school aid computer listing produced by the
commissioner in support of the budget for the two thousand twenty--two
thousand twenty-one school year and entitled "SA202-1", and such appor-
tionment shall be deemed to satisfy the state obligation to provide an
S. 9006--B 11
apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
§ 9. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14 of part A of chapter 56 of the
laws of 2025, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-five] TWENTY-SIX--two thousand [twenty-six] TWENTY-SEV-
EN school year equal to the greater of (1) the amount set forth for such
school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR
AIDS" in the school aid computer listing produced by the commissioner in
support of the budget for the two thousand nine--two thousand ten school
year and entitled "SA0910" or (2) the amount set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in support
of the executive budget for the 2013-14 fiscal year and entitled
"BT131-4".
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. Subdivision b of section 2 of chapter 756 of the laws of 1992
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
18 of part A of chapter 56 of the laws of 2025, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, reimbursement for the 2021--2022 school
year shall not exceed 56.0 percent of the lesser of such approvable
costs per contact hour or sixteen dollars and forty cents per contact
hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
S. 9006--B 12
percent of the lesser of such approvable costs per contact hour or
sixteen dollars and sixty cents per contact hour, reimbursement for the
2023--2024 school year shall not exceed 54.7 percent of the lesser of
such approvable costs per contact hour or seventeen dollars and seventy
cents per contact hour, reimbursement for the 2024--2025 school year
shall not exceed 56.6 percent of the lesser of such approvable costs per
contact hour or eighteen dollars and seventy cents per contact hour,
[and] reimbursement for the 2025--2026 school year shall not exceed 58.2
percent of the lesser of such approvable costs per contact hour or nine-
teen dollars and fifty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2026--2027 SCHOOL YEAR SHALL NOT EXCEED 59.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWENTY DOLLARS AND
FORTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty
minutes of instruction services provided to an eligible adult. Notwith-
standing any other provision of law to the contrary, for the 2018--2019
school year such contact hours shall not exceed one million four hundred
sixty-three thousand nine hundred sixty-three (1,463,963); for the
2019--2020 school year such contact hours shall not exceed one million
four hundred forty-four thousand four hundred forty-four (1,444,444);
for the 2020--2021 school year such contact hours shall not exceed one
million four hundred six thousand nine hundred twenty-six (1,406,926);
for the 2021--2022 school year such contact hours shall not exceed one
million four hundred sixteen thousand one hundred twenty-two
(1,416,122); for the 2022--2023 school year such contact hours shall not
exceed one million four hundred six thousand nine hundred twenty-six
(1,406,926); for the 2023--2024 school year such contact hours shall not
exceed one million three hundred forty-two thousand nine hundred seven-
ty-five (1,342,975); for the 2024--2025 school year such contact hours
shall not exceed one million two hundred twenty-eight thousand seven
hundred thirty-three (1,228,733); [and] for the 2025--2026 school year
such contact hours shall not exceed one million one hundred forty-three
thousand three hundred fifty-nine (1,143,359); AND FOR THE 2026--2027
SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVENTY-SEV-
EN THOUSAND FIFTY (1,077,050). Notwithstanding any other provision of
law to the contrary, the apportionment calculated for the city school
district of the city of New York pursuant to subdivision 11 of section
3602 of the education law shall be computed as if such contact hours
provided by the consortium for worker education, not to exceed the
contact hours set forth herein, were eligible for aid in accordance with
the provisions of such subdivision 11 of section 3602 of the education
law.
§ 15. Section 4 of chapter 756 of the laws of 1992 relating to funding
a program for work force education conducted by the consortium for work-
er education in New York city is amended by adding a new subdivision ee
to read as follows:
EE. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2026--2027 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 16. Section 6 of chapter 756 of the laws of 1992 relating to funding
a program for work force education conducted by the consortium for work-
S. 9006--B 13
er education in New York city, as amended by section 20 of part A of
chapter 56 of the laws of 2025, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2026] 2027.
§ 17. Paragraph a of subdivision 14 of section 3641 of the education
law, as added by section 2 of part I of chapter 61 of the laws of 2006,
is amended to read as follows:
a. Establishment of the EXCEL program. There is hereby established the
expanding our children's education and learning (EXCEL) program to
provide project financing or assistance in the form of grants to eligi-
ble school districts, in addition to, or in lieu of, the apportionments
made pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e,
six-f and paragraph c of subdivision fourteen of section thirty-six
hundred two of this article, and subdivisions ten and twelve of this
section, for the costs of EXCEL school facility projects. An apportion-
ment for any such project shall initially be available in the state
fiscal year commencing April first, two thousand six. SUCH APPORTION-
MENT SHALL BE USED TO FUND PROJECTS CERTIFIED BY THE COMMISSIONER IN
ACCORDANCE WITH SUBDIVISION SIX OF SECTION SIXTEEN HUNDRED EIGHTY-NINE-I
OF THE PUBLIC AUTHORITIES LAW PRIOR TO DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-EIGHT. Notwithstanding any provision of law to the contrary,
the dormitory authority of the state of New York shall be authorized to
issue bonds or notes in an aggregate amount not to exceed two billion
six hundred million dollars for purposes of the EXCEL program.
§ 18. Subparagraph 1 of paragraph b of subdivision 14 of section 3641
of the education law, as added by section 2 of part I of chapter 61 of
the laws of 2006, is amended to read as follows:
(1) "EXCEL project". An EXCEL project SHALL BE CERTIFIED BY THE
COMMISSIONER PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
AND shall include, but not be limited to, the acquisition, design, plan-
ning, construction, reconstruction, rehabilitation, preservation, devel-
opment, improvement or modernization of an EXCEL school facility, where
such project:
§ 19. Section 5 of part I of chapter 61 of the laws of 2006 amending
the education law and the public authorities law relating to expanding
our children's education and learning is amended to read as follows:
§ 5. This act shall take effect on the same date as a chapter of the
laws of 2006 enacting into law major components of legislation which are
necessary to implement the education, labor, and budget for the
2006-2007 state fiscal year, family assistance budget for the 2006-2007
state fiscal year, as proposed in legislative bill numbers S.6458-C and
A.9558-B, takes effect; PROVIDED, HOWEVER, THAT SECTIONS TWO, THREE, AND
FOUR OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON DECEMBER 31,
2029.
§ 20. Subdivision 6 of section 4402 of the education law, as amended
by section 21 of part A of chapter 56 of the laws of 2025, is amended to
read as follows:
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-
S. 9006--B 14
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-six] TWENTY-SEVEN,
be authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which such board increases class sizes as provided pursuant to this
subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 21. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995 amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 22 of part A of chapter 56 of the laws
of 2025, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2026] 2027 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2026] 2027;
§ 22. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2027 and not later than the last day of the third full
business week of June 2027, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2027, for salary expenses incurred between April 1 and
June 30, 2026 and such apportionment shall not exceed the sum of (a) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (b)
S. 9006--B 15
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.
§ 23. Special apportionment for public pension accruals. 1. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2027, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2027 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
S. 9006--B 16
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision one of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 24. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
1. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2026--2027 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($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);
S. 9006--B 17
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2026--2027 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2026--2027 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
4. For the purpose of teacher support for the 2026--2027 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($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
S. 9006--B 18
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.
§ 25. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2026 enacting
the aid to localities budget shall be apportioned for the 2026--2027
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of such chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2025--2026
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary, the moneys
appropriated for the support of public libraries for the year 2026--2027
by a chapter of the laws of 2026 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 26. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, or
part of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 27. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that:
1. Sections one, two, four, five, six, seven, eight, nine, twenty and
twenty-four of this act shall take effect July 1, 2026;
2. The amendments to chapter 756 of the laws of 1992 made by sections
fourteen and fifteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith;
3. The amendments to subdivision 14 of section 3641 of the education
law made by sections seventeen and eighteen of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with.
PART A-1
S. 9006--B 19
Section 1. 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-
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 school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY-FIVE-
-TWO THOUSAND TWENTY-SIX SCHOOL YEAR, the library materials factor shall
be six dollars and twenty-five cents. FOR AID PAYABLE IN THE TWO THOU-
SAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THEREAFTER,
THE LIBRARY MATERIALS FACTOR SHALL BE ELEVEN DOLLARS AND THIRTY-THREE
CENTS.
§ 2. Subdivision 1 of section 3622-a of the education law, as added by
chapter 474 of the laws of 1996, is amended to read as follows:
1. Transportation of pupils to and from school once daily, INCLUDING
CHILDREN ATTENDING A UNIVERSAL PRE-KINDERGARTEN PROGRAM PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTICLE, provided, however, in
no case shall there be any deduction made in determining aidable regular
transportation on the basis of bus mileage travelled in transporting
children as part of a regional or joint transportation system;
§ 3. Paragraph a of subdivision 1 of section 3635 of the education
law, as amended by section 11 of part A of chapter 97 of the laws of
2011, is amended to read as follows:
a. Sufficient transportation facilities (including the operation and
maintenance of motor vehicles) shall be provided by the school district
for all the children residing within the school district to and from the
school they legally attend, who are in need of such transportation
because of the remoteness of the school to the child or for the
promotion of the best interest of such children. Such transportation
shall be provided for all children attending grades kindergarten through
eight who live more than two miles from the school which they legally
attend and for all children attending grades nine through twelve who
live more than three miles from the school which they legally attend and
shall be provided for each such child up to a distance of fifteen miles,
the distances in each case being measured by the nearest available route
from home to school. SUCH TRANSPORTATION MAY BE PROVIDED TO CHILDREN
ATTENDING A UNIVERSAL PRE-KINDERGARTEN PROGRAM PURSUANT TO SECTION THIR-
TY-SIX HUNDRED TWO-E OF THIS ARTICLE. The cost of providing such trans-
portation between two or three miles, as the case may be, and fifteen
miles shall be considered for the purposes of this chapter to be a
charge upon the district and an ordinary contingent expense of the
district. Transportation for a lesser distance than two miles in the
case of children attending A UNIVERSAL PRE-KINDERGARTEN PROGRAM PURSUANT
TO SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTICLE OR grades kindergar-
ten through eight or three miles in the case of children attending
grades nine through twelve and for a greater distance than fifteen miles
may be provided by the district with the approval of the qualified
voters, and, if provided, shall be offered equally to all children in
like circumstances residing in the district; provided, however, that
S. 9006--B 20
this requirement shall not apply to transportation offered pursuant to
section thirty-six hundred thirty-five-b of this article.
§ 4. Paragraph e of subdivision 1 of section 3635 of the education
law, as amended by chapter 665 the laws of 1990, is amended to read as
follows:
e. In lieu of the transportation provided pursuant to the foregoing
provisions of this subdivision, a board of education may, at its
discretion, provide transportation to any child attending A UNIVERSAL
PRE-KINDERGARTEN PROGRAM PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-E OF
THIS ARTICLE OR grades kindergarten through eight between the school
such child legally attends and before-and/or-after-school child care
locations. For the purposes of this subdivision, a before-and/or-after-
school child care location shall mean a place, other than the child's
home, where care for less than twenty-four hours a day is provided on a
regular basis for a child who attends school within the school district,
provided that such place is situated within the school district. This
definition includes, but is not limited to, a variety of child care
services such as day care centers, family day care homes and in-home
care by non-relatives. Such transportation may be provided for children
attending A UNIVERSAL PRE-KINDERGARTEN PROGRAM PURSUANT TO SECTION THIR-
TY-SIX HUNDRED TWO-E OF THIS ARTICLE OR grades kindergarten through
eight where the distance between the school they legally attend and
before-and/or-after-school child care locations is more than two miles,
and may be provided for up to a distance of fifteen miles, the distance
in each case being measured by the nearest available route from before-
and/or-after-school child care locations to the school they legally
attend, except that transportation for a lesser distance than two miles
or a greater distance than fifteen miles may be provided if transporta-
tion for such distances is provided to students between home and school.
Where a child receives transportation from a before-school child care
location to the school [he or she] SUCH CHILD legally attends, such
child shall be entitled to receive transportation from the school [he or
she] SUCH CHILD legally attends to [his or her] SUCH CHILD'S home or to
an after-school child care location in accordance with this subdivision.
Where a child receives transportation from the school [he or she] SUCH
CHILD legally attends to an after-school child care location, such child
shall be entitled to receive transportation from home to the school [he
or she] SUCH CHILD legally attends in accordance with this subdivision.
Transportation may be provided to any child attending A UNIVERSAL PRE-
KINDERGARTEN PROGRAM PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-E OF
THIS ARTICLE OR grades kindergarten through eight between the school the
child legally attends and before-and/or-after-school child care
locations upon written request of the parent or legal guardian submitted
not later than the first day of April preceding the next school year,
provided, however, a parent or guardian of a child not residing in the
district on such date shall submit a written request within thirty days
after establishing residence in the district and provided further that
in order to be considered eligible for such transportation in the nine-
teen hundred eighty-seven--eighty-eight school year, such request must
be submitted by August first, nineteen hundred eighty-seven. The
provision of transportation to or from before-and/or-after-school child
care locations, if provided, shall be offered equally to all children in
like circumstances residing in the district, provided that a board of
education furnishing transportation pursuant to this paragraph may limit
the provision of such transportation to child care locations located
within the attendance zone of the school the child attends, and to child
S. 9006--B 21
day care centers and school age child care programs licensed or regis-
tered pursuant to section three hundred ninety of the social services
law located anywhere within the school district. The cost of providing
such transportation between two or three miles, as the case may be, and
fifteen miles shall be considered for the purposes of this chapter to be
a charge upon the district. Such substitute transportation expense shall
be eligible for state aid in accordance with [clause] SUBPARAGRAPH one
of paragraph b of subdivision seven of section thirty-six hundred two of
this [chapter] ARTICLE. Nothing in this subdivision shall be construed
to impose a duty upon boards of education to provide transportation to
or from before-and/or-after-school child care locations. Nothing in this
subdivision shall be construed to authorize boards of education to
provide to any child transportation between a before-and/or-after-school
day care location and that child's home.
§ 5. Paragraph g of subdivision 1 of section 3635 of the education law
is REPEALED.
§ 6. Subdivision 2 of section 3635-b of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
2. A board of education or board of trustees is authorized to adopt a
resolution providing for pupil transportation in child safety zones,
where applicable, of a proposition to expend money for such transporta-
tion presented pursuant to the provisions of subdivision nineteen of
section two thousand twenty-one and section two thousand twenty-two of
this chapter. Such transportation may be provided without regard to like
circumstances based solely upon the fact that the pupil resides within
two miles, in the case of a pupil in A UNIVERSAL PRE-KINDERGARTEN
PROGRAM PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTICLE OR
grade kindergarten through eight, and within three miles, in the case of
a pupil in grade nine through twelve, from the school such pupil legally
attends, notwithstanding the provisions of section thirty-six hundred
thirty-five of this [article] PART. Such transportation may be provided
upon the determination by the board that a hazardous zone exists which
in the opinion of the board would be reasonably alleviated by the estab-
lishment of a child safety zone. For purposes of this section, child
safety zone means a designated area of a school district, including at
least one personal residence, within which children who reside at a
lesser distance from the school they legally attend than the minimum
transportation limit of the district will be provided transportation on
the basis that their most direct walking route to school will traverse a
hazardous zone.
§ 7. Paragraph a of subdivision 3 of section 3623-a of the education
law, as added by chapter 474 of the laws of 1996, is amended to read as
follows:
a. The transportation operating expense for any school district
furnishing transportation for pupils attending a school within such
district shall be reduced by any moneys received for transportation,
PROVIDED THAT UNIVERSAL PRE-KINDERGARTEN PROGRAM GRANTS AWARDED PURSUANT
TO SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTICLE SHALL NOT BE CONSID-
ERED MONEYS RECEIVED FOR TRANSPORTATION.
§ 8. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph kk to read as follows:
KK. "HOMELESS AND FOSTER COUNT" SHALL MEAN THE PRODUCT OF TWELVE
HUNDREDTHS (0.12) MULTIPLIED BY THE SUM OF THE THREE-YEAR AVERAGE OF
STUDENTS EXPERIENCING HOMELESSNESS PLUS THE PRODUCT OF THE THREE-YEAR
AVERAGE OF FOSTER STUDENTS, WHERE:
S. 9006--B 22
(1) "STUDENTS EXPERIENCING HOMELESSNESS" SHALL BE EQUAL TO THE UNDU-
PLICATED COUNT OF STUDENTS WHO LACK A FIXED, REGULAR, AND ADEQUATE
NIGHTTIME RESIDENCE, INCLUDING A STUDENT WHO IS SHARING THE HOUSING OF
OTHER PERSONS DUE TO A LOSS OF HOUSING, ECONOMIC HARDSHIP, OR SIMILAR
REASON; LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE
TO THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS; ABANDONED IN HOSPI-
TALS; OR A MIGRATORY CHILD, AS DEFINED BY THE COMMISSIONER, WHO QUALI-
FIES AS HOMELESS UNDER ANY OF THE ABOVE PROVISIONS; OR HAS A PRIMARY
NIGHTTIME LOCATION THAT IS A SUPERVISED PUBLICLY OR PRIVATELY OPERATED
SHELTER DESIGNED TO PROVIDE TEMPORARY LIVING ACCOMMODATIONS INCLUDING,
BUT NOT LIMITED TO, SHELTERS OPERATED OR APPROVED BY THE STATE OR LOCAL
DEPARTMENT OF SOCIAL SERVICES, AND RESIDENTIAL PROGRAMS FOR RUNAWAY AND
HOMELESS YOUTH ESTABLISHED PURSUANT TO ARTICLE NINETEEN-H OF THE EXECU-
TIVE LAW OR A PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR, OR ORDINARILY
USED AS, A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A
CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING, SUBSTANDARD HOUSING, BUS,
TRAIN STATION, OR SIMILAR SETTING. HOMELESS STUDENTS DOES NOT INCLUDE
CHILDREN IN FOSTER CARE PLACEMENTS OR WHO ARE RECEIVING EDUCATIONAL
SERVICES PURSUANT TO SUBDIVISION FOUR, FIVE, SIX, SIX-A, OR SEVEN OF
SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR PURSUANT TO ARTICLE
EIGHTY-ONE, EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER;
(2) THE "THREE-YEAR AVERAGE OF STUDENTS EXPERIENCING HOMELESSNESS"
SHALL BE EQUAL TO THE QUOTIENT OF (I) THE UNDUPLICATED COUNT OF STUDENTS
EXPERIENCING HOMELESSNESS FOR THE SCHOOL YEAR PRIOR TO THE BASE YEAR,
PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR,
PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE YEARS PRIOR TO THE BASE YEAR,
DIVIDED BY (II) THREE, ROUNDED TO THE NEAREST WHOLE NUMBER;
(3) "FOSTER STUDENTS" SHALL BE EQUAL TO THE UNDUPLICATED COUNT OF
STUDENTS IN TWENTY-FOUR-HOUR SUBSTITUTE CARE FOR CHILDREN PLACED AWAY
FROM THEIR PARENTS AND FOR WHOM THE AGENCY UNDER TITLE IV-E OF THE
SOCIAL SECURITY ACT HAS PLACEMENT AND CARE RESPONSIBILITY. THIS SHALL
INCLUDE, BUT IS NOT LIMITED TO, PLACEMENTS IN FOSTER FAMILY HOMES,
FOSTER HOMES OF RELATIVES, GROUP HOMES, EMERGENCY SHELTERS, RESIDENTIAL
FACILITIES, CHILD CARE INSTITUTIONS, AND PRE-ADOPTIVE HOMES. A CHILD IS
IN FOSTER CARE IN ACCORDANCE WITH THIS DEFINITION REGARDLESS OF WHETHER
OR NOT THE FOSTER CARE FACILITY IS LICENSED AND PAYMENTS ARE MADE BY THE
STATE, TRIBAL, OR LOCAL AGENCY FOR THE CARE OF THE CHILD, WHETHER
ADOPTION SUBSIDY PAYMENTS ARE BEING MADE PRIOR TO THE FINALIZATION OF AN
ADOPTION, OR WHETHER THERE IS FEDERAL MATCHING OF ANY PAYMENTS THAT ARE
MADE; AND
(4) THE "THREE-YEAR AVERAGE OF FOSTER STUDENTS" SHALL BE EQUAL TO THE
QUOTIENT OF (I) THE UNDUPLICATED COUNT OF FOSTER STUDENTS FOR THE SCHOOL
YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO
YEARS PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE
YEARS PRIOR TO THE BASE YEAR, DIVIDED BY (II) THREE, ROUNDED TO THE
NEAREST WHOLE NUMBER.
§ 9. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 4-a of part A of chapter 56 of the laws of
2025, is amended to read as follows:
s. "Extraordinary needs count" shall mean the sum of (I) the product
of the English language learner count multiplied by the ELL weight,
[plus,] (II) the poverty count [and], (III) THE HOMELESS AND FOSTER
COUNT, PLUS (IV) the sparsity count, provided that the 'ELL weight'
shall be five tenths (0.50) for the two thousand twenty-four--two thou-
sand twenty-five school year and prior, [and shall be equal to] fifty-
three hundredths (0.53) in the two thousand twenty-five--two thousand
S. 9006--B 23
twenty-six school year, AND SIX TENTHS (0.6) IN THE TWO THOUSAND TWEN-
TY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR and thereafter.
§ 10. Subparagraph 2 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 2025, 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 (0.64)
THROUGH THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN
SCHOOL YEAR AND THEREAFTER, A VALUE COMPUTED BY SUBTRACTING FROM ONE THE
PRODUCT OBTAINED WHEN MULTIPLYING THE COMBINED WEALTH RATIO BY FIFTY-SIX
HUNDREDTHS (0.56), provided however, that for the purpose of computing
the state sharing ratio for total foundation aid, the tier two value
shall be computed by subtracting 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
§ 11. Subparagraph 4 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:
(4) a value computed by subtracting from fifty-one hundredths the
product obtained by multiplying the combined wealth ratio by twenty-two
hundredths, AND, FOR AN APPORTIONMENT FOR PUPIL TRANSPORTATION PURSUANT
TO SUBDIVISION SEVEN OF THIS SECTION, HIGH NEED SCHOOL DISTRICTS, AS
DETERMINED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED
"SA0708", SUCH VALUES SHALL BE MULTIPLIED BY ONE HUNDRED TEN PERCENT;
provided, however, that for the purpose of computing the state sharing
ratio for total foundation aid, the tier four value shall be computed by
subtracting from fifty-one hundredths the product obtained by multiply-
ing the combined wealth ratio by one hundred seventy-three thousandths
and such values shall be computed using the combined wealth ratio for
total foundation aid in place of the combined wealth ratio, and, for
high need school districts, as determined pursuant to clause (c) of
subparagraph two of paragraph c of subdivision six of this section for
the school aid computer listing produced by the commissioner in support
of the enacted budget for the two thousand seven--two thousand eight
school year and entitled "SA0708", such values shall be multiplied by
one hundred five percent.
§ 12. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
section 3602 of the education law, as amended by section 15 of part B of
chapter 57 of the laws of 2008, is amended to read as follows:
(b) For aid payable in the school years two thousand--two thousand one
and thereafter for all school building projects approved by the voters
of the school district or by the board of education of a city school
district in a city with more than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in a city
having a population of one million or more, on or after July first, two
thousand, any school district shall compute aid under the provisions of
this subdivision using the sum of the high-need supplemental building
aid ratio, if any, computed pursuant to clause (c) of this subparagraph
and the greater of (i) the building aid ratio computed for use in the
current year; or (ii) a building aid ratio equal to the difference of
the aid ratio that was used or that would have been used to compute an
S. 9006--B 24
apportionment pursuant to this subdivision in the nineteen hundred nine-
ty-nine--two thousand school year as such aid ratio is computed by the
commissioner based on data on file with the department on or before July
first of the third school year following the school year in which aid is
first payable, less one-tenth; or (iii) for all such school building
projects approved by the voters of the school district or by the board
of education of a city school district in a city with more than one
hundred twenty-five thousand inhabitants, and/or the chancellor in a
city school district in a city having a population of one million or
more, on or after July first, two thousand and on or before June thirti-
eth, two thousand four, for any school district for which the pupil
wealth ratio is greater than two and five-tenths in the school year in
which such school building project was approved by the voters of the
school district or by the board of education of a city school district
in a city with more than one hundred twenty-five thousand inhabitants,
and/or the chancellor in a city school district in a city having a popu-
lation of one million or more and for which the alternate pupil wealth
ratio is less than eighty-five hundredths in such school year, and for
all such school building projects approved by the voters of the school
district or by the board of education of a city school district in a
city with more than one hundred twenty-five thousand inhabitants, and/or
the chancellor in a city school district in a city having a population
of one million or more, on or after July first, two thousand five and on
or before June thirtieth, two thousand eight, for any school district
for which the pupil wealth ratio was greater than two and five-tenths in
the two thousand--two thousand one school year and for which the alter-
nate pupil wealth ratio was less than eighty-five hundredths in the two
thousand--two thousand one school year OR FOR A CITY SCHOOL DISTRICT IN
A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS AS OF
THE TWO THOUSAND TWENTY FEDERAL DECENNIAL CENSUS, the additional build-
ing aid ratio; provided that, school districts who are eligible for aid
under paragraph f of subdivision fourteen of this section may compute
aid under the provisions of this subdivision using the difference of the
highest of the aid ratios so computed for the reorganized district or
the highest of the aid ratios so computed for any of the individual
school districts which existed prior to the date of the reorganized
school district less one-tenth.
§ 13. Clause (c) of subparagraph 2 of paragraph c of subdivision 6 of
section 3602 of the education law, as added by section 12-b of part L of
chapter 57 of the laws of 2005, is amended to read as follows:
(c) For aid payable in the school years two thousand five--two thou-
sand six and thereafter for all school building projects approved by the
voters of the school district or by the board of education of a city
school district in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in city school district in a
city having a population of one million or more, on or after July first,
two thousand five, high need school districts, as defined pursuant to
regulations of the commissioner, may compute aid under the provisions of
this subdivision using the high-need supplemental building aid ratio,
which shall be the lesser of (A) the product, computed to three decimals
without rounding, of the greater of the building aid ratios computed
pursuant to subclauses i, ii and iii of clause (b) of this subparagraph
multiplied by five percent THROUGH THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR AND TEN PERCENT FOR AID PAYABLE IN THE
TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THER-
EAFTER, or (B) the positive remainder of ninety-eight one-hundredths
S. 9006--B 25
less the greater of the building aid ratios computed pursuant to
subclauses i, ii and iii of clause (b) of this subparagraph.
§ 14. Subdivision 6-i of section 3602 of the education law, as added
by section 6 of part A of chapter 56 of the laws of 2022, is amended and
a new subdivision 6-j is added to read as follows:
6-i. Building aid and the New York state energy research and develop-
ment authority P-12 schools: clean green schools initiative. 1. For aid
payable in the school years two thousand twenty-two--two thousand twen-
ty-three and thereafter, notwithstanding any provision of law to the
contrary, the apportionment to any district under subdivision six,
six-a, six-b, six-c, six-e, six-f, [or] six-h, OR SIX-J of this section
for capital outlays for school building projects for energy efficiency
shall not exclude grants authorized pursuant to the New York state ener-
gy research and development authority P-12 schools: clean green schools
initiative from aidable expenditures, provided that the sum of appor-
tionments for these projects calculated pursuant to subdivision six,
six-a, six-b, six-c, six-e, six-f, [or] six-h, OR SIX-J of this section
and such grants shall not exceed the actual project expenditures.
2. The New York state energy research and development authority shall
provide a list of energy efficiency grants awarded to each school
district to the commissioner no later than one month prior to the end of
each calendar year and each school year. This list shall include the
capital construction project or projects funded by the grants, the award
amounts of each individual project grant, the district receiving such
grants, the schools receiving such grants, the date on which the grant
was received, and any other information necessary for the calculation of
aid pursuant to subdivision six, six-a, six-b, six-c, six-e, six-f, [or]
six-h, OR SIX-J of this section.
6-J. BUILDING AID FOR INCREMENTAL ZERO-EMISSION SCHOOL BUS INFRASTRUC-
TURE COSTS. A. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(1) "INCREMENTAL ZERO-EMISSION SCHOOL BUS STORAGE COSTS" SHALL MEAN
THE SUM OF ADDITIONAL COSTS FOR THE STORAGE OF ZERO-EMISSION SCHOOL
BUSES AS COMPARED TO TRADITIONAL SCHOOL BUSES. SUCH INCREMENTAL COSTS
SHALL REFLECT NEW OR INCREASED COSTS FROM, BUT NOT BE LIMITED TO:
MODIFICATIONS TO BUS FACILITIES SUCH AS WIDER AND TALLER DOORS AND/OR
GARAGES, MODIFICATIONS TO BUS FACILITIES TO ADDRESS HIGHER WEIGHTS SUCH
AS HIGHER POWER LIFTS, EQUIPMENT AND SOFTWARE FOR ADVANCED FIRE
SUPPRESSION SYSTEMS, INSTALLATION AND OPERATION OF CHARGE MANAGEMENT
SYSTEMS, AND THE COST OF ENTIRE STORAGE FACILITIES OR PREPARATION OF
STORAGE LOCATIONS WHERE ONE WOULD NOT HAVE BEEN NECESSARY BUT FOR THE
STORAGE OF ZERO-EMISSION SCHOOL BUSES.
(2) "INCREMENTAL CUSTOMER-OWNED MAKE-READY COSTS" SHALL MEAN THE SUM
OF ADDITIONAL COSTS OF ANY CAPITAL INVESTMENT IN EQUIPMENT OR INFRAS-
TRUCTURE BEYOND THE UTILITY SERVICE POINT NECESSARY TO MAKE A SITE READY
TO ACCEPT AN ELECTRIC VEHICLE CHARGER, INCLUDING CONDUCTORS, TRENCHING,
AND PANELS, WHERE SUCH COSTS WOULD NOT HAVE BEEN PRESENT BUT FOR THE
PREPARATION OF THE SITE TO BE ABLE TO CHARGE ZERO-EMISSION SCHOOL BUSES.
B. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY
AUTHORIZED TO APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID
PURSUANT TO THIS SUBDIVISION FOR ITS APPROVED EXPENDITURES, OTHERWISE
INELIGIBLE FOR BUILDING AID, BEGINNING IN THE BASE YEAR THROUGH THE TWO
THOUSAND THIRTY-FOUR--TWO THOUSAND THIRTY-FIVE SCHOOL YEAR FOR INCRE-
MENTAL ZERO-EMISSION SCHOOL BUS STORAGE COSTS AND INCREMENTAL CUSTOMER-
OWNED MAKE-READY COSTS THAT ARE CONSTRUCTED OR IMPROVED PURSUANT TO THIS
S. 9006--B 26
SUBDIVISION, PROVIDED THAT SUCH EXPENDITURES ARE NOT REIMBURSABLE FROM
ANOTHER STATE OR FEDERAL SOURCE EXCEPT AS PROVIDED IN SUBDIVISION SIX-I
OF THIS SECTION, OR FROM FUNDING FROM ONE OR MORE ELECTRIC CORPORATIONS
AS SUCH TERM IS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW. SUCH
AID SHALL EQUAL THE PRODUCT OF THE BUILDING AID RATIO DEFINED PURSUANT
TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION AND THE ACTUAL
APPROVED EXPENDITURES INCURRED BEGINNING IN THE BASE YEAR THROUGH THE
TWO THOUSAND THIRTY-FOUR--TWO THOUSAND THIRTY-FIVE SCHOOL YEAR PURSUANT
TO THIS SUBDIVISION, TO THE EXTENT THAT SUCH EXPENDITURES ARE NOT REIM-
BURSABLE FROM ANOTHER STATE OR FEDERAL SOURCE EXCEPT AS PROVIDED IN
SUBDIVISION SIX-I OF THIS SECTION, OR FROM FUNDING FROM ONE OR MORE
ELECTRIC CORPORATIONS AS SUCH TERM IS DEFINED IN SECTION TWO OF THE
PUBLIC SERVICE LAW.
§ 15. Subdivisions b and c of section 5 of chapter 537 of the laws of
1976 relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, subdivision b as amended by section
32-a of part A of chapter 56 of the laws of 2024, and subdivision c as
amended by section 22-b of part A of chapter 56 of the laws of 2022, are
amended to read as follows:
b. Notwithstanding any monetary limitations with respect to school
lunch programs contained in any law or regulation, for school lunch
meals served in the school year commencing July 1, 2022 and each July 1
thereafter, a school food authority shall be eligible for a State subsi-
dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per
reduced-price lunch meal, for any school lunch meal served by such
school food authority; provided that the school food authority certifies
to the Department of Agriculture and Markets through the application
submitted pursuant to subdivision c of this section that such food
authority has purchased at least thirty percent of its total cost of
food products for its school lunch service program from New York state
farmers, growers, producers or processors in the preceding school year.
COMMENCING JULY 1, 2026, AND EACH JULY 1 THEREAFTER, A SCHOOL FOOD
AUTHORITY SHALL BE ALLOWED TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF
FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCES-
SORS MADE FOR ITS SCHOOL BREAKFAST OR SNACK PROGRAMS TO THE THIRTY
PERCENT OF COSTS FOR SCHOOL BREAKFAST AND LUNCH SERVICE PROGRAMS.
c. The Department of Agriculture and Markets in cooperation with the
State Education Department, shall develop an application for school food
authorities to seek an additional State subsidy pursuant to this section
in a timeline and format prescribed by the commissioner of agriculture
and markets. Such application shall include, but not be limited to,
documentation demonstrating the school food authority's total food
purchases for its school BREAKFAST, SNACK, AND lunch service program,
and documentation demonstrating its total food purchases and percentages
for such program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New
York State farmers, growers, producers or processors in the preceding
school year. The application shall also include an attestation from the
school food authority's chief operating officer that it purchased at
least thirty percent of its total cost of food products, PERMITTED TO BE
COUNTED UNDER THIS SECTION, for its school BREAKFAST, SNACK, AND lunch
service program from New York State farmers, growers, producers or
processors in the preceding school year in order to meet the require-
ments for this additional State subsidy. School food authorities shall
be required to annually apply for this subsidy. After reviewing school
food authorities' completed applications for an additional State subsidy
pursuant to this section, the Department of Agriculture and Markets
S. 9006--B 27
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.
§ 16. Subdivision c of section 3 of chapter 507 of the laws of 1974
relating to providing for the apportionment of state monies to certain
nonpublic schools, to reimburse them for their expenses in complying
with certain state requirements for the administration of state testing
and evaluation programs and for participation in state programs for the
reporting of basic educational data, as amended by section 38 of part A
of chapter 56 of the laws of 2021, is amended to read as follows:
c. The commissioner shall annually apportion to each qualifying school
[in the cities of New York, Buffalo and Rochester], for school years
beginning on or after July first two thousand sixteen, an amount equal
to the actual cost incurred by each such school during the preceding
school year in meeting the recording and reporting requirements of the
state school immunization program, provided that the state's liability
shall be limited to the amount appropriated for this purpose.
§ 17. Subdivision 1 of section 3635-b of the education law, as amended
by chapter 536 of the laws of 2002, is amended to read as follows:
1. This section shall apply where the board of education or trustees
of a common, central, central high school, union free school district,
or city school district [of a city with less than one hundred twenty-
five thousand inhabitants] adopts a resolution to make transportation in
child safety zones available to resident pupils for a particular school
year. Such resolution shall continue in effect for subsequent school
years until the board adopts a resolution providing otherwise.
§ 18. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602
of the education law, as added by section 19 of part H of chapter 83 of
the laws of 2002, is amended to read as follows:
(1) has a total project cost of [one] TWO hundred FIFTY thousand
dollars or less[; provided however, that for any district, no more than
one project shall be eligible pursuant to this subparagraph for an
apportionment within the same school year]; and/or
§ 19. Subdivision 4 of section 4405 of the education law is amended by
adding a new paragraph l to read as follows:
L. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTAB-
LISHMENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY
ESTABLISHED PURSUANT TO THIS SUBDIVISION FOR THE TWO THOUSAND TWENTY-
SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND ANNUALLY THEREAFTER, FOR
SPECIAL SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY
APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCA-
TION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE, BY
SPECIAL ACT SCHOOL DISTRICTS, BY JULY AND AUGUST PROGRAMS FOR STUDENTS
WITH DISABILITIES APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT
OF THIS ARTICLE, AND FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO
PRESCHOOL STUDENTS WITH DISABILITIES BY PROGRAMS APPROVED PURSUANT TO
SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE INCLUDING, BUT NOT LIMIT-
ED TO, SPECIAL CLASS AND SPECIAL CLASS IN AN INTEGRATED SETTING
PROGRAMS, SHALL BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE OR RECONCIL-
IATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN ACCORDANCE
WITH THE FOLLOWING:
(I) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
YEAR.
S. 9006--B 28
(II) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
SCHOOL YEAR.
(III) IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR THREE OR MORE YEARS PRIOR TO THE CURRENT
SCHOOL YEAR, SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE
APPROVED FOR THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR; THE PRODUCT
OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH SHALL THEN
INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
§ 20. Section 4003 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTAB-
LISHMENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY
ESTABLISHED PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TWENTY-SIX--
TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND ANNUALLY THEREAFTER, FOR
SPECIAL SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY A
SPECIAL ACT SCHOOL DISTRICT OR AN APPROVED PRIVATE SCHOOL OPERATED BY A
CHILD CARE INSTITUTION SHALL BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE
OR RECONCILIATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN
ACCORDANCE WITH THE FOLLOWING:
A. IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
YEAR.
B. IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
SCHOOL YEAR.
C. IF THE LAST CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
APPROVED FOR THE SCHOOL YEAR THREE OR MORE YEARS PRIOR TO THE CURRENT
SCHOOL YEAR, SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE
APPROVED FOR THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR; THE PRODUCT
OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
THE YEAR PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH SHALL THEN
INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
§ 21. Paragraph c of subdivision 4 of section 4405 of the education
law, as amended by chapter 82 of the laws of 1995, is amended to read as
follows:
c. The director of the budget, in consultation with the commissioner
[of education], the commissioner of social services, and any other state
agency or other source the director may deem appropriate, shall approve
reimbursement methodologies for tuition and for maintenance. Any modifi-
cation in the approved reimbursement methodologies shall be subject to
the approval of the director of the budget. [Notwithstanding any other
provision of law, rule or regulation to the contrary, tuition rates
established for the nineteen hundred ninety-five--ninety-six school year
shall exclude the two percent cost of living adjustment authorized in
rates established for the nineteen hundred ninety-four--ninety-five
school year] TUITION, REGIONAL, AND/OR FEE FOR SERVICE RATES APPROVED
FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR
S. 9006--B 29
AND THEREAFTER FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO SCHOOL-AGE
STUDENTS BY APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR
THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE
STATE, BY SPECIAL ACT SCHOOL DISTRICTS, AND BY JULY AND AUGUST PROGRAMS
FOR STUDENTS WITH DISABILITIES ENTITLED TO ATTEND PUBLIC SCHOOLS WITHOUT
THE PAYMENT OF TUITION PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO OF
THIS CHAPTER, AND FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO PRESCHOOL
STUDENTS BY PROGRAMS SERVING PRESCHOOL STUDENTS WITH DISABILITIES
APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE
INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND SPECIAL CLASS IN AN
INTEGRATED SETTING PROGRAMS, MULTI-DISCIPLINARY EVALUATION PROGRAMS,
SPECIAL EDUCATION ITINERANT SERVICES, AND PRESCHOOL TRANSPORTATION
SERVICES FOR WHICH TUITION AND/OR REGIONAL RATES ARE DETERMINED, SHALL
GROW BY A PERCENTAGE EQUAL TO AT LEAST THE CONSUMER PRICE INDEX AS
DEFINED IN PARAGRAPH HH OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS CHAPTER.
§ 22. Section 4204-b of the education law is amended by adding a new
subdivision 5 to read as follows:
5. FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL
YEAR AND THEREAFTER, AN INSTITUTION SUBJECT TO THIS ARTICLE SHALL BE
AUTHORIZED TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE
COSTS INCURRED FOR SERVICES AND PROGRAMS TO STUDENTS APPOINTED. THE
AMOUNT OF FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED ONE
PERCENT OF THE INSTITUTION'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR
SERVICES AND PROGRAMS PROVIDED TO STUDENTS FOR THE SCHOOL YEAR FROM
WHICH THE FUNDS ARE TO BE RETAINED, PROVIDED THAT THE TOTAL ACCUMULATED
BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT OF SUCH TOTAL
COSTS FOR SUCH SCHOOL YEAR AND PROVIDED, FURTHER, THAT SUCH FUNDS SHALL
NOT BE RECOVERABLE ON RECONCILIATION, SUCH FUNDS SHALL BE CARRIED
FORWARD AS TOTAL REIMBURSABLE COSTS FOR PURPOSES OF CALCULATING SUBSE-
QUENT YEAR PROSPECTIVE AND RECONCILIATION TUITION RATES AND SUCH FUNDS
SHALL BE SEPARATE FROM AND IN ADDITION TO ANY OTHER AUTHORIZATION TO
RETAIN SURPLUS FUNDS ON RECONCILIATION. FUNDS SHALL BE EXPENDED ONLY
PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD OF THE INSTITUTION
FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF ALLOWABLE COSTS FOR THE
YEAR IN WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS MAY BE
EXPENDED TO PAY PRIOR YEAR OUTSTANDING DEBTS. ANY INSTITUTION THAT
RETAINS FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REQUIRED TO ANNUALLY
REPORT A STATEMENT OF THE TOTAL BALANCE OF SUCH RETAINED FUNDS, THE
AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY,
DISPERSED IN THE PRIOR SCHOOL YEAR, AND THE FINANCIAL REPORTS THAT ARE
REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
§ 23. The opening paragraph of subdivision 41 of section 3602 of the
education law, as amended by section 10-d of part A of chapter 56 of the
laws of 2025, is amended to read as follows:
In addition to any other apportionment under this section, for the two
thousand seven--two thousand eight school year [and thereafter] THROUGH
THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, a
school district other than a city school district in a city having a
population of one million or more, AND FOR THE TWO THOUSAND TWENTY SIX-
-TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THEREAFTER, A SCHOOL DISTRICT
ELIGIBLE FOR AID UNDER THIS SECTION shall be eligible for an apportion-
ment in an amount equal to the greater of the sum of paragraphs (a),
(b), and (c), or paragraph (e) of this subdivision.
§ 24. Sections 3, 4, 5, 6, 7, 8 and 9 of chapter 18 of the laws of
2020 authorizing the commissioner of education to appoint a monitor to
S. 9006--B 30
oversee the Wyandanch union free school district and establishing the
powers and duties of such monitor, are amended to read as follows:
§ 3. Appointment of [a] monitor TEAM. [The commissioner shall appoint
one monitor to provide] IN ACCORDANCE WITH THE POWERS AND DUTIES OF THE
BOARD OF REGENTS AND THE COMMISSIONER PURSUANT TO SUBDIVISION 2 OF
SECTION 305 OF THE EDUCATION LAW, SECTION 308 OF THE EDUCATION LAW, AND
SECTION 215 OF THE EDUCATION LAW, UP TO TWO MONITORS SHALL BE APPOINTED
BY AND SERVE AT THE PLEASURE OF THE COMMISSIONER TO CARRY OUT THE
PROVISIONS OF THIS ACT INCLUDING BUT NOT LIMITED TO PROVIDING oversight,
guidance and technical assistance related to the EDUCATIONAL, GOVERNANCE
AND fiscal policies, practices, programs and decisions of the school
district, the board of education and the superintendent.
1. The monitor OR MONITORS, to the extent practicable, shall have
experience in [school district finances and] one or more of the follow-
ing areas:
(a) SCHOOL DISTRICT FINANCES;
(B) elementary and secondary education;
[(b)] (C) the operation of school districts in New York;
[(c)] (D) educating students with disabilities; and
[(d)] (E) educating English language learners.
2. The [monitor] MONITORS shall be [a] non-voting ex-officio [member]
MEMBERS of the board of education. The [monitor] MONITORS shall be [an
individual] INDIVIDUALS who [is] ARE not [a resident, employee] RESI-
DENTS, EMPLOYEES of the school district or [relative] RELATIVES of a
board member of the school district at the time of [his or her] THEIR
appointment.
3. The reasonable and necessary expenses incurred by the monitor OR
MONITORS while performing [his or her] THEIR official duties shall be
paid by the school district. Notwithstanding any other provision of law,
the monitor OR MONITORS shall be entitled to defense and indemnification
by the school district to the same extent as a school district employee.
§ 4. Meetings. 1. The monitor OR MONITORS shall be entitled to attend
all meetings of the board, including executive sessions; provided howev-
er, such monitor OR MONITORS shall not be considered for purposes of
establishing a quorum of the board. The school district shall fully
cooperate with [the] ANY monitor OR MONITORS including, but not limited
to, providing such monitor OR MONITORS 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.
2. The board, in consultation with the monitor OR MONITORS, shall
adopt a conflict of interest policy that complies with all existing
applicable laws, rules and regulations that ensures its board members
and administration 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:
(a) a definition of the circumstances that constitute a conflict of
interest;
(b) procedures for disclosing a conflict of interest to the board;
(c) 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 ques-
S. 9006--B 31
tions at a board meeting prior to the commencement of deliberations or
voting relating thereto;
(d) 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
(e) 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.
§ 5. Public hearings. 1. The monitor OR MONITORS shall schedule [two]
THREE public hearings to be held within sixty days of [his or her] THEIR
appointment, which shall allow public comment from the district's resi-
dents, students, employees, parents, board members and administration.
(a) 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, section 306 of the education law.
(b) The second hearing shall take public comment on the fiscal
performance of the district.
(C) THE THIRD HEARING SHALL TAKE PUBLIC COMMENT ON THE ACADEMIC
PERFORMANCE OF THE DISTRICT.
2. The board of education and the monitor OR MONITORS shall consider
these public comments when developing the [financial] LONG-TERM STRATE-
GIC ACADEMIC AND FISCAL IMPROVEMENT plan under this act.
§ 6. [Financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
plan. 1. No later than [November] JULY first, two thousand [twenty]
TWENTY-SIX, the board of education [and] WORKING IN COLLABORATION WITH
the monitor OR MONITORS shall develop a [proposed financial] LONG-TERM
STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan for the two thousand
[twenty--two thousand twenty-one] TWENTY-SIX--TWENTY-SEVEN AND THE NEXT
FOUR SUCCEEDING school [year and the four subsequent school] years.
[The financial] SUCH plan, INCLUDING SUCH ANNUAL REVISIONS THERETO,
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] BE SUBMITTED TO THE COMMISSIONER FOR
APPROVAL AND SHALL INCLUDE A SET OF GOALS WITH APPROPRIATE BENCHMARKS
AND MEASURABLE OBJECTIVES AND IDENTIFY STRATEGIES TO ADDRESS AREAS WHERE
IMPROVEMENTS ARE NEEDED IN THE DISTRICT, INCLUDING BUT NOT LIMITED TO
ITS FINANCIAL STABILITY AND GOVERNANCE, ACADEMIC OPPORTUNITIES AND
OUTCOMES, EDUCATION OF STUDENTS WITH DISABILITIES, EDUCATION OF ENGLISH
LANGUAGE LEARNERS, THE EDUCATIONAL, SOCIAL AND EMOTIONAL WELFARE OF
PUBLIC SCHOOL STUDENTS AND SHALL ENSURE COMPLIANCE WITH ALL APPLICABLE
STATE AND FEDERAL LAWS AND REGULATIONS.
2. If the board of education and the [monitor] MONITORS agree on all
the elements of the proposed [financial] LONG-TERM STRATEGIC ACADEMIC
AND FISCAL IMPROVEMENT plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community. The
proposed [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
plan shall be made public on the district's website at least three busi-
ness days before such public hearing. Once the proposed [financial]
LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan has been
approved by the board of education, such plan shall be submitted by the
S. 9006--B 32
[monitor] MONITORS to the commissioner for approval and shall be deemed
approved for the purposes of this act.
3. If the board of education and the [monitor] MONITORS do not agree
on all the elements of the proposed [financial] LONG-TERM STRATEGIC
ACADEMIC AND FISCAL IMPROVEMENT plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the [monitor] MONITORS and the board, including
documented justification for such disagreements and any requested amend-
ments from the [monitor] MONITORS. The proposed [financial] LONG-TERM
STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan, elements of disagree-
ment, 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] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan and
the [monitor] MONITORS may alter [his or her] THEIR requested amend-
ments, and the [monitor] MONITORS shall submit the proposed [financial]
LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan, [his or her]
THEIR amendments to the plan, and documentation providing justification
for such disagreements and amendments to the commissioner no later than
December first, two thousand [twenty] TWENTY-SIX. By January fifteenth,
two thousand [twenty-one] TWENTY-SEVEN, the commissioner shall approve
the proposed plan with any of the [monitor's] MONITORS' proposed amend-
ments, or make other modifications, [he or she] SUCH COMMISSIONER deems
appropriate. The board of education shall provide the commissioner with
any information [he or she] SUCH COMMISSIONER requests to approve such
plan within three business days of such request. Upon the approval of
the commissioner, the [financial] LONG-TERM STRATEGIC ACADEMIC AND
FISCAL IMPROVEMENT plan shall be deemed approved for purposes of this
act.
§ 7. Fiscal and operational oversight. 1. The board of education shall
annually submit the school district's proposed budget for the next
succeeding school year to the monitor OR MONITORS no later than March
first prior to the school district's annual budget vote. The monitor OR
MONITORS shall review the proposed budget to ensure that it, TO THE
GREATEST EXTENT POSSIBLE, 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 financial plan developed and
approved pursuant to this act] CONSISTENT WITH THE LONG-TERM STRATEGIC
ACADEMIC AND FISCAL IMPROVEMENT PLAN DEVELOPED AND ADOPTED PURSUANT TO
THIS ACT. THE MONITOR OR MONITORS SHALL ALSO REVIEW THE PROPOSED BUDGET
TO ENSURE THAT IT IS BALANCED WITHIN THE CONTEXT OF REVENUE AND EXPENDI-
TURE ESTIMATES AND MANDATED PROGRAMS. The monitor OR MONITORS shall
present [his or her] 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 OR MONITORS if
the commissioner determines such amendments are necessary to comply with
the [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan
under this act. The school district shall make available on the
district's website: the initial proposed budget, the [monitor's] MONITOR
OR MONITORS' 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 conjunction with the monitor OR
MONITORS, shall develop and submit the school district's proposed budget
S. 9006--B 33
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 [he or she] SUCH COMMIS-
SIONER requests in order to make a determination pursuant to this subdi-
vision within three business days of such request.
2. The district shall provide quarterly reports to the monitor OR
MONITORS 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 OR MONITORS shall provide semi-annual reports to
the commissioner, board of regents, the governor, the temporary presi-
dent 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.
3. The monitor OR MONITORS shall have the authority to disapprove
travel outside the state paid for by the district.
4. The monitor OR MONITORS shall work with the district's shared deci-
sion-making committee as defined in 8 NYCRR Part 100.11 in developing
AND REVISING the [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT plan, district goals, implementation of district priorities
and budgetary recommendations.
5. The monitor OR MONITORS shall assist in resolving any disputes and
conflicts, including but not limited to, those between the superinten-
dent and the board of education and among the members of the board of
education.
6. The monitor OR MONITORS 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 agree-
ments.
§ 8. The commissioner may overrule any decision of the monitor OR
MONITORS, except for DECISIONS RELATED TO collective bargaining agree-
ments negotiated in accordance with article 14 of the civil service law,
if [he or she] SUCH COMMISSIONER deems that it is not aligned with the
[financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan or
the school district's budget.
§ 9. The monitor OR MONITORS may notify the board and the commissioner
in writing when [he or she deems] THEY DEEM the district is violating an
element of the [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT plan in this act. Within twenty days, the commissioner shall
determine whether the district is in violation of any of the elements of
the plan highlighted by the monitor OR MONITORS and shall order the
district to comply immediately with the plan and remedy any such
violation. The school district shall suspend all actions related to the
potential violation of the [financial] LONG-TERM STRATEGIC ACADEMIC AND
FISCAL IMPROVEMENT plan until the commissioner issues a determination.
§ 25. The education law is amended by adding a new section 3641-c to
read as follows:
§ 3641-C. HIGH IMPACT TUTORING GRANT PROGRAM. 1. THE DEPARTMENT SHALL
ESTABLISH AND ADMINISTER A HIGH IMPACT TUTORING PILOT PROGRAM TO PROVIDE
GRANTS TO SCHOOL DISTRICTS OR CHARTER SCHOOLS TO IMPLEMENT HIGH IMPACT
TUTORING PROGRAMS PRIORITIZING LOW-INCOME STUDENTS, UNDERSERVED
STUDENTS, OR STUDENTS IN RURAL AREAS.
2. (A) A SCHOOL DISTRICT OR CHARTER SCHOOL SHALL SUBMIT AN APPLICATION
FOR A GRANT TO THE DEPARTMENT IN A FORM DETERMINED BY THE DEPARTMENT.
THE SCHOOL DISTRICT OR CHARTER SCHOOL SHALL DEMONSTRATE NEED FOR SUPPORT
THROUGH THE GRANT PROGRAM, AS DETERMINED BY THE DEPARTMENT, WHICH MAY
S. 9006--B 34
INCLUDE SERVING A HIGH PERCENTAGE OF LOW-INCOME OR UNDERSERVED STUDENTS,
STUDENTS IN RURAL AREAS, OR SERVING STUDENTS WHO NEED ACADEMIC ASSIST-
ANCE IN REACHING LEVELS OF PROFICIENCY AND HAVE A LOW LEVEL OF ATTAIN-
MENT SCORES IN THE PAST YEAR.
(B) AT A MINIMUM, AN APPLICATION SHALL INCLUDE THE SCHOOL DISTRICT'S
OR CHARTER SCHOOL'S HIGH IMPACT TUTORING PROGRAM PLAN THAT INCLUDES THE
FOLLOWING INFORMATION:
(I) HOW THE SCHOOL DISTRICT'S OR CHARTER SCHOOL'S PLAN ADDRESSES THE
FOLLOWING ELEMENTS OF A HIGH IMPACT TUTORING PROGRAM AND HOW IT MODIFIES
OR OMITS SUCH ELEMENTS AND THE REASONS FOR SUCH MODIFICATIONS OR OMIS-
SIONS:
(1) TUTORING IS PROVIDED IN GROUPS OF FOUR OR FEWER STUDENTS;
(2) THE SAME TUTOR INSTRUCTS THE PARTICIPATING STUDENTS THROUGHOUT THE
SCHOOL YEAR;
(3) TUTORING IS PROVIDED A MINIMUM OF THREE TIMES PER WEEK;
(4) TUTORING IS IMPLEMENTED DURING THE SCHOOL DAY, NOT AS A BEFORE- OR
AFTER-SCHOOL PROGRAM, AND IS SUPPLEMENTAL TO CORE ACADEMIC INSTRUCTION
AND NOT A REPLACEMENT FOR SUCH INSTRUCTION;
(5) HIGH QUALITY TRAINED TUTORS PROVIDE SUCH TUTORING, INCLUDING
TEACHERS, PARAPROFESSIONALS, COMMUNITY PROVIDERS, AND ANY OTHER INDIVID-
UALS WHO HAVE RECEIVED TRAINING;
(6) THE PROGRAM USES A HIGH-QUALITY CURRICULUM THAT IS ALIGNED WITH
ACADEMIC STANDARDS AND MAY BE PROVIDED BY THE SCHOOL DISTRICT OR CHARTER
SCHOOL; AND
(7) TUTORING IS DATA-DRIVEN, WITH INTERIM ASSESSMENTS TO MONITOR
STUDENT PROGRESS;
(II) HOW STUDENTS WILL BE IDENTIFIED FOR PARTICIPATION IN THE PROGRAM;
(III) THE NUMBER OF STUDENTS PROJECTED TO BE SERVED AND WHETHER THOSE
STUDENTS ARE LOW-INCOME OR UNDERSERVED STUDENTS;
(IV) THE PROJECTED COST OF IMPLEMENTING THE PROGRAM;
(V) HOW STUDENT ACADEMIC PROGRESS AND OTHER PROGRAM OUTCOMES WILL BE
MEASURED;
(VI) WHETHER THE SCHOOL DISTRICT OR CHARTER SCHOOL WILL CREATE ITS OWN
PROGRAM AND WHETHER IT WILL PARTNER WITH EXISTING TUTORING PROVIDERS FOR
IMPLEMENTATION OR FOR TUTOR CAPACITY AND TRAINING;
(VII) WHICH ACADEMIC SUBJECTS WILL BE THE FOCUS OF THE PROGRAM;
(VIII) HOW THE SCHOOL DISTRICT OR CHARTER SCHOOL WILL BE SUPPORTED;
(IX) HOW TUTORING WILL BE DELIVERED AND HOW THE DELIVERY WILL ACCOMMO-
DATE REMOTE LEARNING;
(X) WHETHER TUTORS WILL FOLLOW A SPECIFIC CURRICULUM;
(XI) HOW TUTORING WILL BE INCORPORATED INTO THE SCHOOL DAY;
(XII) THE NEEDS OF A SCHOOL DISTRICT OR CHARTER SCHOOL FOR FINANCIAL
OR TECHNICAL SUPPORT TO IMPLEMENT A HIGH IMPACT TUTORING PROGRAM; AND
(XIII) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT.
(C) SCHOOL DISTRICTS OR CHARTER SCHOOLS IMPLEMENTING HIGH IMPACT
TUTORING PROGRAMS SHALL CONSIDER SEAT TIME AND SCHEDULING SO THAT
STUDENTS HAVE CONSISTENT ACCESS TO NON-CORE ACADEMIC INSTRUCTION.
(D) THE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED PURSUANT TO
THIS SUBDIVISION AND SHALL AWARD GRANTS AFTER CONSIDERING THE ALIGNMENT
OF THE SCHOOL DISTRICT'S OR CHARTER SCHOOL'S PLAN WITH THE ELEMENTS OF A
HIGH IMPACT TUTORING PROGRAM AS DESCRIBED IN THIS SUBDIVISION.
4. WITHIN THE AMOUNTS APPROPRIATED THEREFOR, THE DEPARTMENT SHALL
DETERMINE THE AMOUNT AND DURATIONS OF GRANT AWARDS. THE GOAL OF SUCH
GRANT AWARDS SHALL BE TO SERVE AS MANY STUDENTS AS POSSIBLE THROUGH HIGH
IMPACT TUTORING PROGRAMS, INCLUDING LOW-INCOME AND UNDERSERVED STUDENTS
AND STUDENTS IN RURAL AREAS, WHILE ENSURING THAT GRANT MONEY IS AWARDED
S. 9006--B 35
TO HIGH IMPACT TUTORING PROGRAMS THAT ARE LIKELY TO ACHIEVE POSITIVE
STUDENT OUTCOMES.
5. (A) THE DEPARTMENT SHALL DETERMINE ALLOWABLE USES FOR GRANT MONEY,
WHICH USES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, HIRING OR CONTRACT-
ING FOR TUTORS OR PROVIDING STIPENDS OR OTHER INCENTIVES TO PARAPROFES-
SIONALS, RETIRED TEACHERS, AND COMMUNITY ORGANIZATIONS TO ENSURE TUTOR-
ING CAPACITY; DEVELOPING CURRICULUM AND RELATED SUPPLIES; COVERING COSTS
ASSOCIATED WITH RENTING OR PURCHASING PHYSICAL SPACE FOR TUTORING; AND
COVERING ADMINISTRATIVE EXPENSES. A SCHOOL DISTRICT OR CHARTER SCHOOL
MAY MAKE A REQUEST TO THE DEPARTMENT TO USE GRANT MONEY FOR PURPOSES
OTHER THAN THOSE SPECIFIED BY THE DEPARTMENT IF THE PROPOSED USE OF THE
GRANT MONEY INCREASES THE EFFECTIVENESS OF THE HIGH IMPACT TUTORING
PROGRAM.
(B) SCHOOL DISTRICTS OR CHARTER SCHOOLS MAY OFFER TUTORS AND OTHER
PROFESSIONALS OFFERING TUTORING SERVICES INFORMATION ABOUT POTENTIAL
PATHWAYS INTO THE TEACHING PROFESSION FOR THE SCHOOL DISTRICT OR THE
CHARTER SCHOOL.
(C) TUTORS AND OTHER PROFESSIONALS OFFERING TUTORING SERVICES SHALL
COMPLY WITH ALL STATE AND FEDERAL LAWS RELATING TO HEALTH, SAFETY, AND
ANTIDISCRIMINATION, INCLUDING, BUT NOT LIMITED TO TITLES VI AND VII OF
THE CIVIL RIGHTS ACT OF 1964 PUB.L. 88-352, AS AMENDED; THE AMERICANS
WITH DISABILITIES ACT OF 1990, 42 U.S.C. SEC. 1201 ET SEQ., AS AMENDED;
SECTION 504 OF THE REHABILITATION ACT OF 1973, 29 U.S.C. SEC. 794, AS
AMENDED, AND TITLE IX OF THE EDUCATION AMENDMENT OF 1972, 20 U.S.C.
SECS. 1681 TO 1688, AS AMENDED.
6. (A) ON OR BEFORE THE REPORTING DEADLINES ESTABLISHED BY THE DEPART-
MENT, IN EACH YEAR IN WHICH A SCHOOL DISTRICT OR CHARTER SCHOOL RECEIVES
A GRANT PURSUANT TO THIS SECTION, THE SCHOOL DISTRICT OR CHARTER SCHOOL
SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES THE INFORMATION
REQUIRED BY THE DEPARTMENT. AT A MINIMUM, THE REPORT SHALL INCLUDE THE
FOLLOWING INFORMATION:
(I) THE NUMBER OF STUDENTS WHO PARTICIPATED IN THE HIGH IMPACT TUTOR-
ING PROGRAM INCLUDING DEMOGRAPHIC INFORMATION, PROVIDED THAT SUCH INFOR-
MATION DOES NOT RISK IDENTIFYING INDIVIDUAL STUDENTS;
(II) ANY ADJUSTMENTS MADE TO THE SCHOOL DISTRICT'S OR CHARTER SCHOOL'S
PROGRAM PLAN AND THE REASON ADJUSTMENTS WERE MADE;
(III) HOW THE SCHOOL DISTRICT OR CHARTER SCHOOL MAINTAINED CONSISTENT
ACCESS FOR PARTICIPATING STUDENTS TO NON-CORE ACADEMIC INSTRUCTION;
(IV) HOW PROGRAM GRANTS WERE USED BY THE SCHOOL DISTRICT OR CHARTER
SCHOOL AND A SUMMARY OF OTHER RESOURCES USED, IF ANY, TO PROVIDE HIGH
IMPACT TUTORING BEYOND THE RESOURCES PROVIDED THROUGH THE PROGRAM;
(V) THE ACADEMIC ACHIEVEMENT RESULTS OR OTHER CRITERIA USED TO PLACE
STUDENTS IN THE HIGH IMPACT TUTORING PROGRAM;
(VI) THE IMPACT OR STUDENT OUTCOMES ASSOCIATED WITH THE SCHOOL
DISTRICT'S OR CHARTER SCHOOL'S HIGH IMPACT TUTORING PROGRAM; AND
(VII) WHETHER THE SCHOOL DISTRICT'S OR CHARTER SCHOOL'S HIGH IMPACT
TUTORING PROGRAM WILL CONTINUE IN THE FOLLOWING FISCAL YEAR AND IF NOT,
THE REASON THE TUTORING PROGRAM WILL NOT CONTINUE.
(B) ON OR BEFORE JULY FIRST OF EACH YEAR THAT A HIGH IMPACT TUTORING
PROGRAM IS IMPLEMENTED PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL
SUBMIT A REPORT TO THE LEGISLATURE INCLUDING, AT A MINIMUM, THE NUMBER
OF GRANTS AWARDED, THE PARTICIPATING SCHOOL DISTRICTS OR CHARTER
SCHOOLS, THE DURATION OF THE PROGRAM, AND A SUMMARY OF THE INFORMATION
PROVIDED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION CONCERNING THE
HIGH IMPACT TUTORING PROGRAMS IMPLEMENTED BY THE SCHOOL DISTRICTS OR
CHARTER SCHOOLS AND OF AVAILABLE STUDENT OUTCOMES.
S. 9006--B 36
§ 26. Subdivision 10 of section 3612 of the education law, as added by
chapter 62 of the laws of 2000 and as renumbered by section 36 of part B
of chapter 57 of the laws of 2007, is amended to read as follows:
10. UNDERREPRESENTED TEACHERS OF TOMORROW TUITION REIMBURSEMENT
PROGRAM. OF THE AMOUNT APPROPRIATED FOR PURPOSES OF THIS SECTION FOR
GRANTS TO SCHOOL DISTRICTS FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR AND THEREAFTER, FIVE MILLION DOLLARS SHALL BE
MADE AVAILABLE FOR THE UNDERREPRESENTED TEACHERS OF TOMORROW TUITION
REIMBURSEMENT PROGRAM DEVELOPED BY THE COMMISSIONER TO ATTRACT QUALIFIED
TEACHERS WHO PARTICIPATED IN A SCHOOL DISTRICT OR POST-SECONDARY PART-
NERSHIP "GROW YOUR OWN" INITIATIVE, MY BROTHER'S KEEPER, TEACHER OPPOR-
TUNITY CORPS PROGRAM, HIGHER EDUCATION OPPORTUNITY PROGRAM, EDUCATION
OPPORTUNITY PROGRAM, OR OTHER SIMILAR PROGRAM, AND HAVE RECEIVED OR WILL
RECEIVE A PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRI-
ATE TO THE TEACHING POSITION IN A LOW PERFORMING SCHOOL.
11. Reporting. By November first following the completion of each
school year, the commissioner shall report to the governor and the
legislature regarding the teachers of tomorrow teacher recruitment and
retention program, THE SCIENCE, MATHEMATICS AND BILINGUAL EDUCATION
TUITION REIMBURSEMENT PROGRAM, AND THE UNDERREPRESENTED TEACHERS OF
TOMORROW TUITION REIMBURSEMENT PROGRAM. Such report shall list the
amount of each school district's total grant pursuant to this section,
the uses of the grant by each eligible category of expense, the number
of awards granted by type pursuant to this section and, if applicable,
the number of persons receiving more than one award of a single type or
more than one type of award and the number of such awards for these
individuals, as well as an analysis of the effectiveness of the program
in recruiting and retaining teachers in the public schools of the state
designated as teacher shortage areas.
§ 27. Subdivision a of section 5 of chapter 121 of the laws of 1996
authorizing the Roosevelt union free school district to finance deficits
by the issuance of serial bonds, as amended by section 24-a of part A of
chapter 56 of the laws of 2025, is amended to read as follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
[through the 2025-26 school year] AND THEREAFTER, four million dollars
($4,000,000)[; for the 2026-27 school year, three million dollars
($3,000,000); for the 2027-28 school year, two million dollars
($2,000,000); for the 2028-29 school year, one million dollars
($1,000,000); and for the 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.
§ 28. Subdivision 6-a of section 3641 of the education law, as added
by section 16 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
6-a. Community school [grants] ACT. a. [Within the amount appropriated
for such purpose, subject to a plan developed by the state council on
children and families in coordination with the commissioner and approved
by the director of the budget, the commissioner shall award competitive
grants pursuant to this subdivision to eligible school districts or in a
S. 9006--B 37
city with a population of one million or more an eligible entity to
implement, beginning in the two thousand thirteen--two thousand fourteen
school year, a plan that targets school buildings as community hubs to
deliver co-located or school-linked academic, health, mental health,
nutrition, counseling, legal and/or other services to students and their
families in a manner that will lead to improved educational and other
outcomes. In a city with a population of one million or more, eligible
entities shall mean the city school district of the city of New York, or
not-for-profit organizations, which shall include not-for-profit commu-
nity based organizations. An eligible entity that is a not-for-profit
may apply for a community school grant provided that it collaborates
with the city school district of the city of New York and receives the
approval of the chancellor of the city school district of the city of
New York.
(1) Such plan shall include, but not be limited to:
(i) The process by which a request for proposals will be developed;
(ii) The scoring rubric by which such proposals will be evaluated,
provided that such grants shall be awarded based on factors including,
but not limited to: measures of school district need; measures of the
need of students to be served by each of the school districts; the
school district's proposal to target the highest need schools and
students; the sustainability of the proposed community schools program;
and proposal quality;
(iii) The form and manner by which applications will be submitted;
(iv) The manner by which calculation of the amount of the award will
be determined;
(v) The timeline for the issuance and review of applications; and
(vi) Program implementation phases that will trigger payment of set
percentages of the total award.
(2) In assessing proposal quality, the commissioner shall take into
account factors including, but not limited to:
(i) The extent to which the school district's proposal would provide
such community services through partnerships with local governments and
non-profit organizations;
(ii) The extent to which the proposal would provide for delivery of
such services directly in school buildings;
(iii) The extent to which the proposal articulates how such services
would facilitate measurable improvement in student and family outcomes;
(iv) The extent to which the proposal articulates and identifies how
existing funding streams and programs would be used to provide such
community services; and
(v) the extent to which the proposal ensures the safety of all
students, staff and community members in school buildings used as commu-
nity hubs] A COMMUNITY SCHOOL SHALL BE BOTH A PLACE AND A SET OF PART-
NERSHIPS BETWEEN THE TRADITIONAL PUBLIC SCHOOL AND OTHER COMMUNITY
RESOURCES AND SHALL TAKE A COMPREHENSIVE APPROACH TO IMPROVE ACADEMIC
AND DEVELOPMENTAL OUTCOMES. ITS INTEGRATED FOCUS ON ACADEMICS, HEALTH,
MENTAL WELLNESS, SOCIAL SERVICES, YOUTH AND COMMUNITY DEVELOPMENT AND
FAMILY AND COMMUNITY ENGAGEMENT SHALL LEAD TO IMPROVED STUDENT LEARNING,
STRONGER FAMILIES AND HEALTHIER COMMUNITIES. COMMUNITY SCHOOLS HAVE THE
FRAMEWORK IN PLACE TO ELIMINATE THE BARRIERS FOR ALL STUDENTS TO HAVE
ACCESS TO A HIGH-QUALITY LEARNING EXPERIENCE.
(1) SUCH SCHOOLS SHALL INCLUDE A COMMUNITY SCHOOL DIRECTOR TO IMPLE-
MENT THE COMMUNITY SCHOOL FRAMEWORK BY:
(I) REVIEWING STUDENT DATA AND CONDUCTING AN ANNUAL COMMUNITY WIDE
ASSESSMENT OF NEEDS AND ASSETS;
S. 9006--B 38
(II) COORDINATING AND LEVERAGING INTEGRATED HEALTH, MENTAL WELLNESS
AND SOCIAL SUPPORTS;
(III) IDENTIFYING AND SECURING FAMILY SUPPORTS THAT INCLUDE EMPOWERING
PARENTS TO PARTICIPATE IN DECISION MAKING AND TO MAINTAIN ACTIVE FAMILY
AND COMMUNITY ENGAGEMENT THAT VALUES THEIR DIVERSE EXPERIENCES AND BACK-
GROUNDS AND PARTNERS WITH PARENTS OR CAREGIVERS TO DEVELOP AND PROMOTE A
VISION FOR STUDENT SUCCESS INCLUDING BUT NOT LIMITED TO COURSES, ACTIV-
ITIES AND SERVICES FOR PARENTS OR CAREGIVERS AND COMMUNITY MEMBERS;
(IV) IMPLEMENTING EXPANDING AND ENRICHING LEARNING TIME, PROGRAMS AND
OPPORTUNITIES, INCLUDING BUT NOT LIMITED TO BEFORE, DURING AND AFTER-
SCHOOL, WEEKEND, SUMMER AND YEAR-ROUND PROGRAMS, THAT PROVIDE ADDITIONAL
ACADEMIC SUPPORT, ENRICHMENT ACTIVITIES AND OTHER PROGRAMS THAT MAY BE
OFFERED IN PARTNERSHIP WITH COMMUNITY-BASED ORGANIZATIONS TO ENHANCE
ACADEMIC LEARNING, SOCIAL SKILLS, EMOTIONAL AND LIFE SKILLS AND ARE
ALIGNED WITH THE SCHOOL'S CURRICULUM;
(V) MANAGING A COMMUNITY SCHOOL-BASED COMMITTEE THAT INCLUDES BUT IS
NOT LIMITED TO THE SCHOOL PRINCIPAL, CERTIFIED CLASSROOM TEACHERS,
SCHOOL RELATED PROFESSIONALS, OTHER SCHOOL EMPLOYEES, FAMILIES, COMMUNI-
TY ORGANIZATIONS, NONPROFIT ORGANIZATIONS, COLLECTIVE BARGAINING ORGAN-
IZATIONS, THAT GUIDES COLLABORATIVE PLANNING, IMPLEMENTATION AND OVER-
SIGHT AND WHERE LEADERSHIP INITIATIVES ARE SHARED; AND
(VI) IMPLEMENTING HIGH-QUALITY TEACHING AND LEARNING THAT PROVIDES
ONGOING PROFESSIONAL DEVELOPMENT TO TEACHERS AND SCHOOL-RELATED PROFES-
SIONALS.
(2) A SET OF STRATEGIES SHALL BE IMPLEMENTED IN A COMMUNITY SCHOOL
THAT INCLUDE PROGRAMS AND SERVICES THAT FOCUS ON BUILDING AND MAINTAIN-
ING RELATIONSHIPS TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES FOR
STUDENTS. SUCH FRAMEWORKS SHALL INCLUDE:
(I) A UNION LED FRAMEWORK WHICH IS A COMMUNITY SCHOOL INITIATIVE
BRINGING TOGETHER THE UNIONS, SCHOOL DISTRICT, CITY AND COMMUNITY THAT
COORDINATE AND MAXIMIZE PUBLIC, NON-PROFIT, AND PRIVATE RESOURCES AND
GOVERNMENT AGENCIES TO DELIVER CRITICAL PROGRAMS AND SERVICES TO
STUDENTS AND THEIR FAMILIES USING THE SCHOOL BUILDING AS THE COMMUNITY
HUB WITH THE GOAL OF CREATING IMPROVED STUDENT LEARNING, STRONGER FAMI-
LIES, AND HEALTHIER COMMUNITIES;
(II) A UNIVERSITY-ASSISTED FRAMEWORK WHERE COMMUNITY SCHOOLS ARE PLAC-
ES AND PARTNERSHIPS LINKING THE SCHOOL SYSTEM, KEY COMMUNITY RESOURCES
AND HIGHER EDUCATION WITH AN INTEGRATED FOCUS ON ACADEMICS, SUPPORT
SYSTEMS AND CIVIC ENGAGEMENT;
(III) A DISTRICT-LED FRAMEWORK WHERE THE DISTRICT SERVES AS THE LEAD
PARTNER IN THE COMMUNITY SCHOOL AND BRINGS PARTNERS TO THE TABLE TO
FIGURE OUT HOW TO IMPROVE STUDENT LEARNING AND HELP FOSTER STRONGER
FAMILIES AND HEALTHY COMMUNITIES;
(IV) A COUNTY-WIDE FRAMEWORK THAT IS A COLLABORATIVE EFFORT OF FAMILY,
SCHOOL, COMMUNITY, AND GOVERNMENT AS THE PRIMARY DELIVERY DEVICE FOR
SERVICES AND ACTIVITIES THAT CENTER AROUND EARLY CHILDHOOD DEVELOPMENT,
FAMILY AND COMMUNITY ENGAGEMENT AND FAMILY SUPPORT AND STUDENT DEVELOP-
MENT PROGRAMS;
(V) A LEAD PARTNER FRAMEWORK WHICH USES A COMMUNITY-BASED ORGANIZATION
(CBO) AS A PARTNER THAT WORKS COLLABORATIVELY WITH THE PRINCIPAL AND THE
SCHOOL LEADERSHIP TEAM TO CARRY OUT THE WORK AT THE SCHOOL THAT FOCUSES
ON THE WHOLE CHILD, WHILE ALSO ENGAGING FAMILY MEMBERS, TO ENSURE THAT
STUDENTS SUCCEED IN THE CLASSROOM; OR
(VI) A MULTI-TIERED SYSTEMS OF SUPPORT (MTSS) FRAMEWORK TO SUPPORT
STUDENTS' ACADEMIC DEVELOPMENT, SOCIAL AND EMOTIONAL WELLNESS, AND THE
DEVELOPMENT OF CULTURALLY RESPONSIVE, TRAUMA-INFORMED SCHOOLS.
S. 9006--B 39
b. [A response to a request for proposals issued pursuant to this
subdivision may be submitted by a single school district or jointly by a
consortium of two or more school districts, or in a city with a popu-
lation of one million or more, an eligible entity] EACH QUALIFYING
SCHOOL DISTRICT SHALL RECEIVE FUNDING FROM THIS PROGRAM EQUAL TO THE
RESULT OF THE QUOTIENT OF EACH DISTRICT'S FOUNDATION AID COMMUNITY
SCHOOL SET ASIDE AMOUNT ESTABLISHED PURSUANT TO SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE DIVIDED BY THE STATEWIDE VALUE OF THE FOUN-
DATION AID COMMUNITY SCHOOL SET ASIDE AMOUNT ESTABLISHED PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY THE AMOUNT
OF THE APPROPRIATION FOR THE COMMUNITY SCHOOL CATEGORICAL GRANT ESTAB-
LISHED HEREIN. DISTRICTS WHICH DO NOT HAVE A SET ASIDE OF FOUNDATION AID
FOR COMMUNITY SCHOOLS PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS
ARTICLE SHALL NOT BE ELIGIBLE FOR FUNDS PURSUANT TO THIS SUBDIVISION.
c. The [amount of the grant award shall be determined by the commis-
sioner, consistent with the plan developed pursuant to paragraph a of
this subdivision, except that no single district may be awarded more
than forty percent of the total amount of grant awards made pursuant to
this subdivision; and provided further that the maximum award to any
individual community school site shall be five hundred thousand dollars;
and provided further that the amount awarded will be paid out in set
percentages over time upon successful implementation of each phase of a
school district's approved proposal set forth pursuant to paragraph a of
this subdivision; and provided further that none of the grants awarded
pursuant to this subdivision may be used to supplant existing funding]
COMMISSIONER SHALL PROMULGATE REGULATIONS THAT SET FORTH THE REQUIRE-
MENTS FOR USE OF SUCH FUNDS BY DISTRICTS, WHICH SHALL INCLUDE A REQUIRE-
MENT THAT DISTRICTS REQUIRE THAT FUNDS BE USED TO TRANSFORM PRE-EXISTING
COMMUNITY SCHOOL PROGRAMS, STRUGGLING OR PERSISTENTLY STRUGGLING
SCHOOLS, OR SCHOOLS WITH SIGNIFICANT LEVELS OF POVERTY, HOMELESSNESS,
FREE AND REDUCED PRICE MEALS, OR OTHER FACTORS AS DETERMINED BY THE
COMMISSIONER. PROVIDED, FURTHER, THAT SUCH REGULATIONS SHALL REQUIRE
SCHOOL DISTRICTS TO DEMONSTRATE SUBSTANTIAL TEACHER, PARENT AND COMMUNI-
TY INVOLVEMENT IN THE PLANNING, IMPLEMENTATION, AND OPERATION OF A
COMMUNITY SCHOOL. THE COMMISSIONER MAY DETERMINE THAT A PRE-EXISTING
COMMUNITY SCHOOLS PROGRAM SATISFIES THE REQUIREMENTS OF THE COMMISSION-
ER'S REGULATIONS PROVIDED THAT SUCH COMMISSIONER MAY REQUIRE ANY MODIFI-
CATION THERETO.
§ 29. Paragraph a-1 of subdivision 11 of section 3602 of the education
law, as amended by section 20-a of part A of chapter 56 of the laws of
2025, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve [through two thousand twenty-five--two thousand
twenty-six] AND THEREAFTER, the commissioner may set aside an amount not
to exceed two million five hundred thousand dollars from the funds
appropriated for purposes of this subdivision for 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 regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
S. 9006--B 40
§ 30. The education law is amended by adding a new section 115 to read
as follows:
§ 115. ARTIFICIAL INTELLIGENCE LITERACY DIGITAL EQUITY COMPETITIVE
GRANT PROGRAM. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ARTIFICIAL INTELLIGENCE SYSTEM" OR "AI SYSTEM" MEANS A MACHINE-
BASED SYSTEM THAT, FOR EXPLICIT OR IMPLICIT OBJECTIVES, INFERS, FROM THE
INPUT IT RECEIVES, HOW TO GENERATE OUTPUTS SUCH AS PREDICTIONS, CONTENT,
RECOMMENDATIONS, OR DECISIONS THAT CAN INFLUENCE PHYSICAL OR VIRTUAL
ENVIRONMENTS. AI SYSTEMS SHALL VARY IN THEIR LEVELS OF AUTONOMY AND
ADAPTIVENESS AFTER DEPLOYMENT.
(B) "ARTIFICIAL INTELLIGENCE LITERACY" MEANS THE SKILLS ASSOCIATED
WITH THE ABILITY TO COMPREHEND THE BASIC PRINCIPLES, CONCEPTS, AND
APPLICATIONS OF ARTIFICIAL INTELLIGENCE, AS WELL AS THE IMPLICATIONS,
LIMITATIONS AND ETHICAL CONSIDERATIONS ASSOCIATED WITH THE USE OF ARTI-
FICIAL INTELLIGENCE.
(C) "COMMUNITY ORGANIZATION" MEANS NOT-FOR-PROFIT COMMUNITY ORGANIZA-
TIONS, OTHER THAN A SCHOOL, COMMUNITY COLLEGE OR INSTITUTION OF HIGHER
EDUCATION, WHICH OFFER FREE EDUCATIONAL PROGRAMS TO THE GENERAL PUBLIC.
(D) "ARTIFICIAL INTELLIGENCE LITERACY GRANT PROGRAM" OR "PROGRAM"
MEANS THE ARTIFICIAL INTELLIGENCE LITERACY DIGITAL EQUITY COMPETITIVE
GRANT PROGRAM ESTABLISHED UNDER SUBDIVISION TWO OF THIS SECTION.
(E) "ACADEMIC INSTITUTION" MEANS ANY PUBLIC ELEMENTARY OR SECONDARY
SCHOOL, CHARTER SCHOOL, COMMUNITY COLLEGE, OR INSTITUTION OF HIGHER
EDUCATION AUTHORIZED TO OPERATE IN THE STATE OF NEW YORK, WHICH PROVIDES
FORMAL INSTRUCTIONAL PROGRAMS THAT CULMINATE IN A DIPLOMA, CERTIFICATE,
OR DEGREE.
(F) "COMMUNITY COLLEGE" MEANS ANY INSTITUTION OF HIGHER EDUCATION
WITHIN THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK
SYSTEMS THAT IS AUTHORIZED TO CONFER ASSOCIATE DEGREES AND IS DEFINED AS
A COMMUNITY COLLEGE PURSUANT TO ARTICLE ONE HUNDRED TWENTY-SIX OF THIS
CHAPTER.
(G) "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY POSTSECONDARY
EDUCATIONAL INSTITUTION WITHIN THE STATE OF NEW YORK THAT IS AUTHORIZED
TO CONFER BACHELOR'S, MASTER'S, DOCTORAL, OR PROFESSIONAL DEGREES AND IS
NOT DEFINED AS A COMMUNITY COLLEGE UNDER THIS SECTION.
2. ARTIFICIAL INTELLIGENCE LITERACY DIGITAL EQUITY COMPETITIVE GRANT
PROGRAM. (A) THE COMMISSIONER SHALL ESTABLISH AN ARTIFICIAL INTELLIGENCE
LITERACY DIGITAL EQUITY COMPETITIVE GRANT PROGRAM WHICH SHALL PROVIDE
GRANTS TO ACADEMIC INSTITUTIONS AND COMMUNITY ORGANIZATIONS TO SUPPORT
ARTIFICIAL INTELLIGENCE LITERACY EFFORTS.
(B) THE PROGRAM SHALL BE STRUCTURED AS A COMPETITIVE GRANT PROCESS.
IN AWARDING GRANTS, THE COMMISSIONER SHALL PRIORITIZE APPLICANTS THAT
DEMONSTRATE BOTH:
(I) A HIGH LEVEL OF NEED, AS DETERMINED BY FACTORS INCLUDING, BUT NOT
LIMITED TO, LACK OF ACCESS TO COMPUTER SCIENCE EDUCATION, A HIGH
PERCENTAGE OF STUDENTS OR COMMUNITY MEMBERS FROM LOW-INCOME HOUSEHOLDS,
LIMITED TECHNOLOGICAL INFRASTRUCTURE, OR GEOGRAPHIC BARRIERS TO DIGITAL
INCLUSION; AND
(II) A STRONG AND CLEARLY ARTICULATED PROPOSAL, INCLUDING SPECIFIC
GOALS, STRATEGIES, AND IMPLEMENTATION PLANS FOR EXPANDING ACCESS TO
ARTIFICIAL INTELLIGENCE LITERACY AND ADDRESSING EQUITY IN DIGITAL EDUCA-
TION.
(C) ALL PROPOSALS SUBMITTED UNDER THIS SECTION SHALL INCLUDE:
S. 9006--B 41
(I) A DEMONSTRATION OF NEED, INCLUDING QUANTITATIVE AND QUALITATIVE
DATA DESCRIBING THE APPLICANT'S EXISTING ACCESS TO ARTIFICIAL INTELLI-
GENCE LITERACY RESOURCES AND TECHNOLOGICAL INFRASTRUCTURE;
(II) CLEARLY DEFINED AND MEASURABLE OBJECTIVES, INCLUDING THE ANTIC-
IPATED NUMBER OF INDIVIDUALS REACHED IF THE GRANT IS FULLY IMPLEMENTED,
AND RELEVANT SUCCESS METRICS; AND
(III) A DETAILED PLAN OUTLINING HOW THE FUNDS WOULD BE USED IF THE
APPLICANT IS AWARDED THE FULL AMOUNT REQUESTED.
(D) THE COMMISSIONER SHALL ALSO ESTABLISH CRITERIA FOR THE DEVELOPMENT
AND SUBMISSION OF GRANT APPLICATIONS AND PROPOSALS AND FOR THE SELECTION
OF RECIPIENTS OF GRANTS FROM THE PROGRAM. SUCH CRITERIA SHALL INCLUDE
PROVISIONS TO ENSURE GEOGRAPHIC DIVERSITY, DEMOGRAPHIC EQUITY, AND
ACCOUNTABILITY IN THE USE OF GRANT FUNDS.
(E) TO ENSURE EQUITABLE DISTRIBUTION OF FUNDING, THE TOTAL AMOUNT
APPROPRIATED FOR THE PROGRAM SHALL BE ALLOCATED AS FOLLOWS:
(I) THIRTY PERCENT TO PUBLIC ELEMENTARY AND SECONDARY SCHOOLS AND
CHARTER SCHOOLS;
(II) TWENTY PERCENT TO COMMUNITY COLLEGES;
(III) FIFTEEN PERCENT TO PUBLIC INSTITUTIONS OF HIGHER EDUCATION;
(IV) FIVE PERCENT TO PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AND
(V) THIRTY PERCENT TO COMMUNITY ORGANIZATIONS.
(F) SUCH PROGRAM SHALL PROVIDE GRANTS TO PUBLIC ELEMENTARY AND SECOND-
ARY SCHOOLS AND CHARTER SCHOOLS TO BE USED FOR:
(I) PROVIDING TEACHERS WITH TRAINING AND CERTIFICATION TO SUPPORT
ARTIFICIAL INTELLIGENCE LITERACY EFFORTS IN SCHOOLS;
(II) FACILITATING ATTENDANCE OF TEACHERS AT PROFESSIONAL DEVELOPMENT
COURSES, WORKSHOPS, AND CONFERENCES RELATED TO ARTIFICIAL INTELLIGENCE
EDUCATION, INCLUDING PROFESSIONAL DEVELOPMENT RELATED TO ARTIFICIAL
INTELLIGENCE COURSE DESIGN AND FEE-BASED PROFESSIONAL DEVELOPMENT;
(III) FOR SCHOOLS WITHOUT RESOURCES FOR COMPUTER SCIENCE EDUCATION,
DEVELOPING AND DESIGNING BEST PRACTICES FOR COMPUTER SCIENCE MATERIALS
NEEDED FOR ARTIFICIAL INTELLIGENCE EDUCATION;
(IV) SUPPORTING PARTNERSHIPS WITH THE PRIVATE SECTOR TO FACILITATE
ARTIFICIAL INTELLIGENCE EDUCATION;
(V) EQUIPPING SCHOOLS WITH LABS TO PROVIDE STUDENTS HANDS-ON ARTIFI-
CIAL INTELLIGENCE LEARNING EXPERIENCES;
(VI) UTILIZING VIRTUAL LEARNING PLATFORMS THAT FACILITATE REMOTE AND
INDIVIDUALIZED ARTIFICIAL INTELLIGENCE EDUCATION OPPORTUNITIES;
(VII) DEVELOPING PROGRAMS THAT PREPARE STUDENTS FOR FURTHER STUDIES OR
FUTURE CAREERS IN ARTIFICIAL INTELLIGENCE OR RELATED FIELDS; AND
(VIII) PROVIDING FOUNDATIONAL ARTIFICIAL INTELLIGENCE LITERACY
INSTRUCTION TAILORED TO GRADE LEVEL.
(G) GRANTS PROVIDED TO COMMUNITY COLLEGES SHALL BE USED FOR ONE OR
MORE OF THE FOLLOWING:
(I) DEVELOPING AND IMPLEMENTING AN INTERDISCIPLINARY LITERACY PROGRAM
WITH RESPECT TO ARTIFICIAL INTELLIGENCE FOR NON-TRADITIONAL LEARNERS,
INCLUDING THROUGH PARTNERSHIPS WITH NON-PROFIT EDUCATIONAL ORGANIZA-
TIONS;
(II) DEVELOPING LABS TO PROVIDE STUDENTS HANDS-ON ARTIFICIAL INTELLI-
GENCE LEARNING EXPERIENCES; OR
(III) DEVELOPING VIRTUAL LEARNING PLATFORMS THAT FACILITATE REMOTE AND
INDIVIDUALIZED ARTIFICIAL INTELLIGENCE EDUCATION OPPORTUNITIES.
(H) GRANTS PROVIDED TO INSTITUTIONS OF HIGHER EDUCATION SHALL BE USED
FOR:
(I) DEVELOPING LABS TO PROVIDE STUDENTS HANDS-ON ARTIFICIAL INTELLI-
GENCE LEARNING EXPERIENCES;
S. 9006--B 42
(II) DEVELOPING VIRTUAL LEARNING PLATFORMS THAT FACILITATE REMOTE AND
INDIVIDUALIZED ARTIFICIAL INTELLIGENCE EDUCATION OPPORTUNITIES;
(III) DEVELOPING PROGRAMMING AND PEDAGOGICAL TOOLS WITH RESPECT TO
ARTIFICIAL INTELLIGENCE EDUCATION AND INSTRUCTION FOR THE BENEFIT OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS AND COMMUNITY EDUCATORS; OR
(IV) DEVELOPING PROGRAMS THAT PREPARE PARTICIPANTS TO USE ARTIFICIAL
INTELLIGENCE TOOLS IN THE WORKPLACE, INCLUDING SECTOR-SPECIFIC APPLICA-
TIONS.
(I) GRANTS PROVIDED TO COMMUNITY ORGANIZATIONS SHALL BE USED FOR ONE
OR MORE OF THE FOLLOWING:
(I) PROVIDING TRAINING AND CERTIFICATION WITH RESPECT TO ARTIFICIAL
INTELLIGENCE EDUCATION AND INSTRUCTION TO EMPLOYEES OF THE COMMUNITY
ORGANIZATIONS;
(II) DEVELOPING AND IMPLEMENTING ARTIFICIAL INTELLIGENCE LEARNING
EXPERIENCES AND EDUCATIONAL PROGRAMMING TO THE COMMUNITY SERVED BY THE
COMMUNITY ORGANIZATIONS; OR
(III) OFFERING PROGRAMMING TO SUPPORT ADULT LEARNERS AND JOBSEEKERS IN
UNDERSTANDING AND APPLYING ARTIFICIAL INTELLIGENCE IN THE WORKFORCE,
PARTICULARLY IN HIGH-GROWTH OR DIGITALLY TRANSFORMING INDUSTRIES.
(J) ANY ENTITY WHICH IS AWARDED A GRANT UNDER THE PROGRAM SHALL BE
REQUIRED TO SUBMIT A REPORT TO THE COMMISSIONER ON OR BEFORE JULY FIRST
OF EACH YEAR FOR FOUR YEARS FOLLOWING THE GRANT BEING AWARDED WHICH
SHALL INCLUDE, AS APPLICABLE, BUT NOT BE LIMITED TO:
(I) THE NUMBER OF ADMINISTRATORS AND TEACHERS TRAINED OR SCHEDULED FOR
TRAINING;
(II) THE NUMBER OF SCHOOLS THAT HAVE IMPLEMENTED SUCH PROGRAM WITHIN A
SCHOOL DISTRICT;
(III) THE NUMBER OF STUDENTS REACHED, AND AT WHICH GRADE LEVEL;
(IV) DISAGGREGATED DATA BASED ON RACE, ETHNICITY, COUNTY, AND SCHOOL;
(V) PROSPECTIVE TIMELINE TO REACH ALL SCHOOLS;
(VI) THE AMOUNT OF THE GRANT;
(VII) THE USE OF GRANT AMOUNTS; AND
(VIII) THE PROGRESS OF THE ENTITY TOWARDS FULFILLING THE OBJECTIVES
FOR WHICH THE GRANT WAS AWARDED.
3. METRICS AND EVALUATION. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT
A STANDARDIZED FRAMEWORK FOR EVALUATING THE EFFECTIVENESS OF THE ARTIFI-
CIAL INTELLIGENCE LITERACY GRANT PROGRAM IN ACADEMIC INSTITUTIONS. SUCH
FRAMEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) MEASUREMENT OF STUDENT LEARNING OUTCOMES RELATED TO ARTIFICIAL
INTELLIGENCE CONCEPTS, COMPETENCIES, AND DIGITAL FLUENCY;
(B) PARTICIPATION RATES IN ARTIFICIAL INTELLIGENCE LITERACY PROGRAMS
DISAGGREGATED BY GRADE LEVEL, DEMOGRAPHIC GROUP, AND INSTITUTION TYPE;
(C) EVALUATION OF HOW AND TO WHAT EXTENT ARTIFICIAL INTELLIGENCE
LITERACY CONTENT HAS BEEN INTEGRATED INTO EXISTING SCHOOL CURRICULA OR
COMMUNITY PROGRAMMING; AND
(D) TRACKING OF PARTICIPANTS' ENGAGEMENT WITH FURTHER EDUCATION OR
CAREER PATHWAYS RELATED TO ARTIFICIAL INTELLIGENCE AND TECHNOLOGY
FIELDS.
4. GRANT ADMINISTRATION. (A) THE COMMISSIONER SHALL AWARD GRANTS UNDER
THE ARTIFICIAL INTELLIGENCE LITERACY GRANT PROGRAM AND SHALL ADMINISTER
THE PROGRAM IN CONSULTATION WITH RELEVANT OFFICES WITHIN THE DEPARTMENT.
(B) THE DEPARTMENT SHALL ESTABLISH PROCEDURES FOR THE APPLICATION,
REVIEW, APPROVAL, DISTRIBUTION, AND MONITORING OF GRANT AWARDS, INCLUD-
ING CLEAR GUIDANCE ON TIMELINES, ELIGIBILITY, DOCUMENTATION, AND
DISBURSEMENT.
S. 9006--B 43
(C) THE COMMISSIONER SHALL ENSURE THAT ALL GRANT FUNDS ARE DISTRIBUTED
IN A TIMELY AND TRANSPARENT MANNER, WITH PRIORITY GIVEN TO ADVANCING
EDUCATIONAL EQUITY AND DIGITAL ACCESS IN UNDERSERVED COMMUNITIES.
(D) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO APPLICANTS
AND GRANTEES TO SUPPORT STRONG PROPOSAL DEVELOPMENT, COMPLIANCE WITH
PROGRAM REQUIREMENTS, AND EFFECTIVE IMPLEMENTATION.
(E) THE DEPARTMENT SHALL HAVE AUTHORITY TO CONDUCT AUDITS,
INSPECTIONS, OR PROGRAM EVALUATIONS OF GRANTEES AND MAY RECAPTURE OR
REALLOCATE FUNDS NOT USED IN ACCORDANCE WITH THE TERMS OF THE GRANT.
(F) ALL GRANTEES SHALL COMPLY WITH STATE REPORTING REQUIREMENTS AND
PARTICIPATE IN DEPARTMENT-LED EVALUATIONS AS A CONDITION OF RECEIVING
FUNDING.
5. REPORTS. ON OR BEFORE THE FIRST OF JANUARY SECOND SUCCEEDING THE
EFFECTIVE DATE OF THIS SECTION AND EACH JANUARY FIRST THEREAFTER, THE
COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) SUMMARIZING AND ANALYZING THE REPORTS SUBMITTED TO THE COMMISSION-
ER FOR THAT YEAR AND INFORMATION ON SUCH REPORTS REQUIRED UNDER PARA-
GRAPH (J) OF SUBDIVISION TWO OF THIS SECTION;
(B) SUMMARIZING THE METRICS ESTABLISHED UNDER SUBDIVISION THREE OF
THIS SECTION; AND
(C) RECOMMENDING IMPROVEMENTS TO THE PROGRAM.
6. RULES AND REGULATIONS. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO
ESTABLISH RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
§ 31. Severability. If any clause, sentence, paragraph, subdivision,
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 judgment 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.
§ 32. This act shall take effect immediately; provided, however, that
sections twenty-seven and twenty-nine of this act shall take effect July
1, 2026. Provided, further, that the amendments made to sections 3, 4,
5, 6, 7, 8 and 9 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 made by section twenty-four of this act shall not affect
the repeal of such sections and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 819 to
read as follows:
§ 819. EVIDENCE-BASED MATHEMATICS INSTRUCTION. 1. (A) ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSIONER SHALL PROVIDE
SCHOOL DISTRICTS WITH INSTRUCTIONAL BEST PRACTICES FOR NUMERACY, AS
DEFINED BY THE COMMISSIONER, AND THE TEACHING OF MATHEMATICS TO STUDENTS
IN KINDERGARTEN THROUGH GRADE FIVE. INSTRUCTIONAL BEST PRACTICES FOR
NUMERACY AND THE TEACHING OF MATHEMATICS SHALL BE EVIDENCE-BASED. SUCH
INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE
COMMISSIONER.
S. 9006--B 44
(B) EVERY SCHOOL DISTRICT SHALL ANNUALLY REVIEW THEIR CURRICULUM AND
INSTRUCTIONAL PRACTICES IN THE SUBJECT OF MATHEMATICS FOR STUDENTS IN
KINDERGARTEN THROUGH GRADE FIVE TO ENSURE THAT THEY ALIGN WITH THE MATH-
EMATICS INSTRUCTIONAL BEST PRACTICES PROVIDED BY THE COMMISSIONER, AND
THAT ALL EARLY MATHEMATICS INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE
PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT MATHEMATICS OUTCOMES
IN KINDERGARTEN THROUGH GRADE FIVE.
2. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, EACH
SCHOOL DISTRICT SHALL VERIFY TO THE COMMISSIONER THAT ITS CURRICULUM AND
INSTRUCTIONAL PRACTICES IN THE SUBJECT OF MATHEMATICS IN KINDERGARTEN
THROUGH GRADE FIVE ALIGN WITH ALL OF THE ELEMENTS OF THE INSTRUCTIONAL
BEST PRACTICES PROVIDED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
§ 2. This act shall take effect immediately.
PART C
Section 1. Paragraph (c) of subdivision 1 of section 6311 of the
education law, as added by section 1 of part F of chapter 56 of the laws
of 2025, is amended to read as follows:
(c) is matriculated at [a community college of the state university of
New York or the city university of New York, as defined in subdivision
two of section sixty-three hundred one of this article or subdivision
four of section sixty-two hundred two of this title, respectively,] ANY
STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK COLLEGES,
UNIVERSITIES, OR COMMUNITY COLLEGES in an approved program directly
leading to an associate's degree in a high-demand field; provided that
for the two thousand twenty-five -- two thousand twenty-six academic
year, such fields shall include but not be limited to advanced manufac-
turing, technology, cybersecurity, engineering, 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 STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW
YORK COLLEGES, UNIVERSITIES, OR community colleges, and provided further
that the eligibility of such approved program established in the semes-
ter for which the applicant makes initial application shall continue;
§ 2. Paragraph (e) of subdivision 1 of section 6311 of the education
law, as added by section 1 of part F of chapter 56 of the laws of 2025,
is amended to read as follows:
(e) has not already obtained any postsecondary degree, provided that
nothing in this paragraph shall be construed to prohibit the eligibility
of a student who is already enrolled in an eligible associate degree
program on the effective date of this section and who meets all the
other eligibility requirements of this subdivision, AND PROVIDED FURTHER
THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT THE ELIGI-
BILITY OF A STUDENT WHO, THOUGH HAVING PREVIOUSLY OBTAINED A POSTSECON-
DARY DEGREE, IS ENROLLED IN AN APPROVED PROGRAM LEADING TO AN ASSOCI-
ATE'S DEGREE IN NURSING.
§ 3. This act shall take effect immediately.
PART D
Section 1. Subdivisions 3 and 4 of section 6305 of the education law,
subdivision 3 as amended by chapter 542 of the laws of 2022 and subdivi-
S. 9006--B 45
sion 4 as amended by section 2 of part V of chapter 57 of the laws of
2013, are amended and a new subdivision 4-a is added to read as follows:
3. The chief fiscal officer of each county, as defined in section 2.00
of the local finance law, shall, upon application and submission to such
chief fiscal officer of satisfactory evidence in-person or electron-
ically, issue to any person desiring to enroll in a community college as
a non-resident student, a certificate of residence form showing that
said person is a resident of said county. No such chief fiscal officer
shall require a person desiring to enroll in a community college as a
non-resident student to disclose or furnish his or her social security
number. If the chief fiscal officer of a county refuses to issue such a
certificate on the ground that the person applying therefor is not a
resident of such county, OR THAT SUCH PERSON IS NOT SUBJECT TO RULES OR
REGULATIONS PROMULGATED UNDER SUBDIVISION FOUR-A OF THIS SECTION, the
person applying may appeal, in writing, electronically or by mail, to
the chancellor of the state university. The chancellor of the state
university, or such officers or employees thereof as shall be designated
by the chancellor in a manner authorized by the state university trus-
tees, shall make a determination after a hearing, upon ten days' notice
to such chief fiscal officer of the county, and such determination shall
be final and binding on the county. Such person shall, upon registration
for each college year, file with the college such a certificate of resi-
dence form issued not earlier than two months prior thereto, and such
certificate of residence form shall be valid for a period of one year
from the date of issuance. The state university trustees shall be
authorized to promulgate regulations to effectuate the provisions of
this subdivision.
4. If, pursuant to subdivision two of this section, a community
college elects to charge to and collect an allocable portion of the
operating costs and a further sum on account of capital costs of such
college from each county which has issued a certificate form or certif-
icates of residence forms pursuant to subdivision three of this section,
on the basis of which non-resident students are attending such community
college, the president of such community college shall, within forty-
five days after the commencement of each college term or program, OR AS
OTHERWISE PROVIDED BY RULES OR REGULATIONS PROMULGATED PURSUANT TO
SUBDIVISION FOUR-A OF THIS SECTION, submit to the chief fiscal officer
of each county a list of non-resident students attending such college on
the basis of such certificates of residence form and a voucher for the
amount payable by each county for these students. Such list and voucher
shall be determined on the basis of non-resident students enrolled in
the program as of the end (or last day) of the third week of the
commencement for a program scheduled for one semester, the end of the
second for a program scheduled for an academic quarter and the end of
the first week for any program scheduled to be completed in thirty days
or less. The chancellor of the state university, or such officers or
employees thereof as shall be designated by the chancellor in the manner
authorized by the state university trustees, shall notify the chief
fiscal officers of each county of the approved annual operating and
capital charge-back rate for each community college. The amount billed
to the chief fiscal officer of each county by the president of such
community college as a charge for the allocable portion of the operating
costs and a further sum on account of capital costs of such college for
non-resident students shall be paid to the chief fiscal officer of such
college by the billed county no later than sixty days after the county
receives said billing.
S. 9006--B 46
4-A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION TO THE
CONTRARY, THE STATE UNIVERSITY TRUSTEES ARE AUTHORIZED AND DIRECTED TO
PROMULGATE RULES OR REGULATIONS SETTING FORTH: (A) A SCHEDULE OF LATE
FEES AND EXCEPTIONS THEREOF FOR A STUDENT SUBMITTING A CERTIFICATE OF
RESIDENCE FORM AFTER THE DEADLINE OTHERWISE PRESCRIBED BY SUBDIVISION
FOUR OF THIS SECTION FOR SUCH SUBMISSION, BUT WITHIN THE RELEVANT SEMES-
TER OR TERM; AND (B) A RECONCILIATION PROCESS FOR VALID FORMS RECEIVED
AFTER THE LIST OF NON-RESIDENT STUDENTS WAS SENT TO A COUNTY PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART E
Section 1. Subparagraph 4-a-1 of paragraph h of subdivision 2 of
section 355 of the education law, as added by section 1 of part B of
chapter 56 of the laws of 2023, is amended to read as follows:
(4-a-1) Notwithstanding any law, rule, regulation or practice to the
contrary and following the review and approval of the chancellor of the
state university or [his or her] SUCH CHANCELLOR'S designee, the board
of trustees may annually impose differential tuition rates on non-resi-
dent undergraduate and graduate rates of tuition for state-operated
institutions [for a three year period] commencing with the two thousand
twenty-three--two thousand twenty-four academic year and ending in the
two thousand [twenty-five] TWENTY-EIGHT--two thousand [twenty-six] TWEN-
TY-NINE academic year, provided that such rates are competitive with the
rates of tuition charged by peer institutions and that the board of
trustees annually provide the reason and methodology behind any rate
increase to the governor, the temporary president of the senate, and the
speaker of the assembly prior to the approval of such increases.
§ 2. Subparagraph (vi) of paragraph (a) of subdivision 7 of section
6206 of the education law, as added by section 2 of part B of chapter 56
of the laws of 2023, is amended to read as follows:
(vi) Notwithstanding any law, rule, regulation or practice to the
contrary, commencing with the two thousand twenty-three--two thousand
twenty-four academic year and ending in the two thousand [twenty-five]
TWENTY-EIGHT--two thousand [twenty-six] TWENTY-NINE academic year,
following the review and approval of the chancellor of the city univer-
sity or [his or her] SUCH CHANCELLOR'S designee, the city university of
New York board of trustees shall be empowered to annually impose differ-
ential tuition rates on non-resident undergraduate and graduate rates of
tuition for senior colleges, provided that such rates are competitive
with the rates of tuition charged by peer institutions and that the
board of trustees annually provide the reason and methodology behind any
rate increase to the governor, the temporary president of the senate,
and the speaker of the assembly prior to the approval of such increases.
§ 3. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
6206 of the education law, as amended by section 3 of part B of chapter
56 of the laws of 2023, is amended to read as follows:
(ii) Notwithstanding any law, rule, regulation or practice to the
contrary, commencing with the two thousand twenty-three--two thousand
twenty-four academic year and ending in the two thousand [twenty-five]
TWENTY-EIGHT--two thousand [twenty-six] TWENTY-NINE academic year,
following the review and approval of the chancellor of the city univer-
sity or [his or her] SUCH CHANCELLOR'S designee, the city university of
New York board of trustees shall be empowered to annually impose differ-
ential tuition rates on non-resident undergraduate and graduate rates of
S. 9006--B 47
tuition for senior colleges, provided that such rates are competitive
with the rates of tuition charged by peer institutions and that the
board of trustees annually provide the reason and methodology behind any
rate increase to the governor, the temporary president of the senate,
and the speaker of the assembly prior to the approval of such increases.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 16 of
chapter 260 of the laws of 2011, as amended, when upon such date the
provisions of section three of this act shall take effect.
PART F
Section 1. Subdivisions 1, 3 and 5 of section 669-f of the education
law, subdivision 1 as amended by chapter 516 of the laws of 2025, and
subdivisions 3 and 5 as added by section 1 of subpart A of part EE of
chapter 56 of the laws of 2015, are amended to read as follows:
1. Eligibility. Students who are matriculated in an approved master's
degree in education program at a New York state college, as defined in
subdivision two of section six hundred one of this title, leading to a
career as a teacher in public elementary [or], secondary, OR EARLY
CHILDHOOD education shall be eligible for an award under this section,
provided the applicant: (a) earned an undergraduate degree from a
college located in New York state; (b) was a New York state resident
while earning such undergraduate degree; (c) achieved academic excel-
lence as an undergraduate student, as defined by the corporation in
regulation; (d) enrolls in full-time study in an approved master's
degree in education program at a New York state college, as defined in
subdivision two of section six hundred one of this title, leading to a
career as a teacher in public elementary [or], secondary OR EARLY CHILD-
HOOD education; (e) signs a contract with the corporation agreeing to
teach in a classroom setting on a full-time basis for five years in a
school located within New York state providing public elementary [or],
secondary OR EARLY CHILDHOOD education recognized by the board of
regents or the university of the state of New York, including charter
schools authorized pursuant to article fifty-six of this chapter; and
(f) complies with the applicable provisions of this article and all
requirements promulgated by the corporation for the administration of
the program.
3. An award shall entitle the recipient to annual payments for not
more than two academic years of full-time graduate study leading to
certification as an elementary [or], secondary [classroom] OR EARLY
CHILDHOOD teacher.
5. The corporation shall convert to a student loan the full amount of
the award granted pursuant to this section, plus interest, according to
a schedule to be determined by the corporation if: (a) two years after
the completion of the degree program and receipt of initial certif-
ication it is found that a recipient is [not] NEITHER teaching in a
public school located within New York state providing elementary or
secondary education recognized by the board of regents or the university
of the state of New York, including charter schools authorized pursuant
to article fifty-six of this chapter, NOR EMPLOYED BY AN ELIGIBLE AGENCY
AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO-E OF THIS CHAPTER; (b) a recipient has [not] NEITHER taught
in a public school located within New York state providing elementary or
S. 9006--B 48
secondary education recognized by the board of regents or the university
of the state of New York, including charter schools authorized pursuant
to article fifty-six of this chapter, NOR BEEN EMPLOYED BY AN ELIGIBLE
AGENCY AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO-E OF THIS CHAPTER, for five of the seven years after the
completion of the graduate degree program and receipt of initial certif-
ication; (c) a recipient fails to complete [his or her] THEIR graduate
degree program in education; (d) a recipient fails to receive or main-
tain [his or her] THEIR teaching certificate or license in New York
state for the required period; or (e) a recipient fails to respond to
requests by the corporation for the status of [his or her] THEIR academ-
ic or professional progress. The terms and conditions of this subdivi-
sion shall be deferred for any interruption in graduate study or employ-
ment as established by the rules and regulations of the corporation. Any
obligation to comply with such provisions as outlined in this section
shall be cancelled upon the death of the recipient. Notwithstanding any
provisions of this subdivision to the contrary, the corporation is
authorized to promulgate rules and regulations to provide for the waiver
or suspension of any financial obligation which would involve extreme
hardship.
§ 2. This act shall take effect July 1, 2026.
PART G
Section 1. Section 97-v of the state finance law, as added by chapter
851 of the laws of 1983 and subdivision 3 as amended by chapter 83 of
the laws of 1995, is amended to read as follows:
§ 97-v. New York state [musical instrument revolving] MUSIC GRANT
fund. 1. There is hereby established in the custody of the state comp-
troller AND THE COMMISSIONER OF TAXATION AND FINANCE, a special fund to
be known as the "New York state [musical instrument revolving] MUSIC
GRANT fund".
2. The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law and all monies
required by the provisions of this section or any other law to be paid
into or credited to this fund, including all monies received by the fund
or donated to it. The total of monies deposited as a result of appropri-
ations from state funds into this fund shall not exceed the sum of five
hundred thousand dollars. Monies in the fund shall be kept separate and
shall not be commingled with any other monies otherwise appropriated or
received except as hereby provided.
3. Monies of the fund, when allocated, shall be available to the New
York state council on the arts for the purpose of providing assistance,
excluding administrative costs, for [the loan, lease and purchase of
musical instruments and other related property and equipment, as herein
provided, by] GRANTS TO not-for-profit symphony orchestras [and/or],
other not-for-profit musical entities incorporated in the state and
organized for the purpose of the presentation of performing arts for the
benefit of the public, and SCHOOLS FOR THE PURCHASE OF MUSICAL INSTRU-
MENTS AND OTHER RELATED PROPERTY AND EQUIPMENT, which have been approved
pursuant to guidelines established by the council. Such monies shall
also be available for administrative costs of the council pursuant to
approval by the director of the budget. [Notwithstanding any other
inconsistent provisions of this chapter, should the council determine
that there is a compelling need for the loan, lease or purchase of prop-
erty or equipment other than musical instruments by not-for-profit
S. 9006--B 49
symphony orchestras and/or other not-for-profit musical entities incor-
porated in the state and organized for the purpose of the presentation
of performing arts for the benefit of the public, and upon approval of
the director of the budget, the council may assist such organization in
acquiring such equipment in accordance with guidelines established by
the council. The council shall contract with one or more not-for-profit
entities which shall distribute such monies, however, in no case shall
monies of the fund be distributed nor shall a contract to distribute
such monies be approved unless the fund shall have sufficient monies to
effectuate all such approved distributions and contracts.
Purchases, leases and loans of musical instruments and other equipment
shall not be approved or effected if such purchases, leases or loans are
eligible for financing from any other state assistance program.] FOR
PURPOSES OF THIS SECTION, "SCHOOLS" SHALL MEAN PUBLIC SCHOOL DISTRICTS
AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
4. [The state council on the arts shall establish guidelines necessary
to administer the fund. Guidelines shall include, but not be limited to:
qualifications and conditions for assistance, which may require public
service performances, terms of lease or installment sale payments and
finance charges on installment sales at rates of interest which,
notwithstanding any other provision of law, shall not be less than three
per cent per annum nor more than ten per cent per annum, provisions for
insurance of the instrument or other equipment, provisions for necessary
security agreement arrangements, and any other terms and conditions the
council may require as necessary to properly effectuate the provisions
of this section.] ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE
STATE COUNCIL ON THE ARTS SHALL PROVIDE A WRITTEN REPORT TO THE TEMPO-
RARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW
THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR,
AND SHALL INCLUDE: (A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND
THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (B) RECIPIENTS OF AWARDS
FROM THE FUND; (C) THE AMOUNT AWARDED TO EACH RECIPIENT; AND (D) THE
PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
5. [The not-for-profit entity of entities with whom the state council
on the arts has contracted pursuant to subdivision three of this section
shall enter into contractual arrangements with applicants approved by
the council. All contracts must be approved by the state council on the
arts and the comptroller prior to the distribution of any monies there-
under. Such contracts shall assure that the not-for-profit entity or
entities retain title to the instrument or equipment until the
provisions and intent of this section are satisfied.
6. Notwithstanding any other provisions of law, should a default in
payment of monies for the purchase or lease of an instrument or other
equipment occur, the council shall so notify the comptroller and the
attorney general who shall take such steps as may be necessary. The
not-for-profit entity or entities, after such notification is made,
shall take steps to effect repossession regardless of whether any note,
memorandum, instrument or other writing has been recorded or regardless
of whether any other person has notice of such possessory rights to the
instrument or equipment. Any contract between the not-for-profit agency
or agencies and a not-for-profit symphony orchestra or other musical
entity authorized by this article, shall assure the right and provide
guarantees for such repossession. Subsequent to the taking of possession
of the instrument or equipment, the comptroller or not-for-profit agency
S. 9006--B 50
or agencies may offer the same for sale at public auction to the highest
bidder pursuant to guidelines established by the comptroller.
7. The comptroller is authorized to deduct the difference between the
purchaser's or lessee's outstanding obligation at the time of the
auction provided for in subdivision five of this section, and the amount
realized from that auction, after deductions for all necessary and prop-
er costs of the auction are made, from any other grant or other assist-
ance approved by the council on the arts for that purchaser. The differ-
ence deducted by the comptroller and the net amount realized from the
auction shall be deposited in the New York state musical instrument
revolving fund.
8.] Nothing contained herein shall prevent the council from receiving
grants, gifts or bequests for the purposes of the fund as defined in
this section and depositing them into the fund according to law.
[9. The state council on the arts shall provide by September first of
each year, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee, a report
containing guidelines and amendments established by the state council on
the arts and a complete financial statement including, but not limited
to, monies allocated, collected, transferred or otherwise paid or cred-
ited to the fund. A projected schedule of disbursements, receipts and
needs of the fund for the next fiscal year shall be included in each
report. In addition, any amendments to the guidelines shall be provided
to the above listed individuals within thirty days of their establish-
ment by the state council on the arts.
10.] 6. No monies shall be payable from this fund, except on the audit
and warrant of the comptroller on vouchers certified and submitted by
the [chairman of the] state council on the arts.
§ 2. This act shall take effect immediately.
PART H
Section 1. Paragraph (a) of subdivision 2 of section 390 of the social
services law, as amended by section 3 of part H of chapter 56 of the
laws of 2019, is amended to read as follows:
(a) Child day care centers caring for seven or more children and group
family day care programs, as defined in subdivision one of this section,
shall obtain a license from the office of children and family services
and shall operate in accordance with the terms of such license and the
regulations of such office. Initial licenses and subsequent licenses
shall be valid for a period of up to [four] SIX years so long as the
provider remains substantially in compliance with applicable law and
regulations during such period.
§ 2. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
of section 390 of the social services law, as amended by section 4 of
part H of chapter 56 of the laws of 2019, is amended to read as follows:
(A) Initial registrations and subsequent registrations shall be valid
for a period of up to [four] SIX years so long as the provider remains
substantially in compliance with applicable law and regulations during
such period.
§ 3. Intentionally omitted.
§ 4. This act shall take effect one year after it shall have become a
law.
PART I
S. 9006--B 51
Section 1. Subdivision 6 of section 374 of the social services law, as
amended by chapter 305 of the laws of 2008, is amended to read as
follows:
6. (A) An authorized agency, as defined in paragraphs (a) and (c) of
subdivision ten of section three hundred seventy-one of this title, may
charge or accept a fee or other compensation to or from a person or
persons with whom it has placed out a child, for the reasonable and
necessary expenses of such placement; and no agency, association, corpo-
ration, institution, society or organization, except such an authorized
agency, and no person may or shall request, accept or receive any
compensation or thing of value, directly or indirectly, in connection
with the placing out or adoption of a child or for assisting a birth
parent, relative or guardian of a child in arranging for the placement
of the child for the purpose of adoption; and no person may or shall pay
or give to any person or to any agency, association, corporation, insti-
tution, society or organization, except such an authorized agency, any
compensation or thing of value in connection with the placing out or
adoption of a child or for assisting a birth parent, relative or guardi-
an of a child in arranging for the placement of the child for the
purpose of adoption. The prohibition set forth in this section applies
to any adoptive placement activity involving a child born in New York
state or brought into this state or involving a New York resident seek-
ing to bring a child into New York state for the purpose of adoption.
(B) This subdivision shall not be construed to prevent the payment of
salaries or other compensation by an authorized agency to the officers
or employees thereof; nor shall it be construed to prevent the payment
by a person with whom a child has been placed out of reasonable and
actual medical fees or hospital charges for services rendered in
connection with the birth of such child or of other necessary expenses
incurred by the birth mother in connection with or as a result of her
pregnancy or the birth of the child, or of reasonable and actual nurs-
ing, medical or hospital fees for the care of such child, if such
payment is made to the physician, nurse or hospital who or which
rendered the services or to the birth mother of the child, or to prevent
the receipt of such payment by such physician, nurse, hospital or birth
mother. This subdivision shall not be construed to prevent the payment
by an adoptive parent, as defined in section one hundred nine of the
domestic relations law, of the birth mother's reasonable and actual
expenses for housing, maternity clothing, clothing for the child and
transportation for a reasonable period not to exceed [sixty] ONE HUNDRED
EIGHTY days prior to the birth and the later of [thirty] FORTY-FIVE days
after the birth or [thirty] FORTY-FIVE days after the parental consent
to the adoption, unless a court determines, in writing, that [excep-
tional] circumstances exist which require the payment of the birth moth-
er's expenses beyond the time periods stated in this sentence. This
subdivision shall not be construed to prevent the payment by an adoptive
parent, as defined in section one hundred nine of the domestic relations
law, of reasonable and actual legal fees charged for consultation and
legal advice, preparation of papers and representation and other legal
services rendered in connection with an adoption proceeding or of neces-
sary disbursements incurred for or in an adoption proceeding. No attor-
ney or law firm shall serve as the attorney for, or provide any legal
services to both the birth parent and adoptive parent in regard to the
placing out of a child for adoption or in an adoption proceeding. No
attorney or law firm shall serve as the attorney for, or provide any
legal services to, both an authorized agency and adoptive parent or both
S. 9006--B 52
an authorized agency and birth parent where the authorized agency
provides adoption services to such birth parent or adoptive parent,
where the authorized agency provides foster care for the child, or where
the authorized agency is directly or indirectly involved in the placing
out of such child for adoption.
§ 2. 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 J
Section 1. Subdivision 6 of section 3502 of the public health law, as
added by chapter 313 of the laws of 2018, subparagraph (i) of paragraph
(a) as amended by chapter 486 of the laws of 2022, and subparagraphs
(ii) and (iii) of paragraph (a), paragraph (b), subparagraphs (i), (ii),
(iii) and (v) of paragraph (c), paragraph (e), and the opening paragraph
and subparagraphs (i) and (ii) of paragraph (f) as amended by section 1
of part LL of chapter 56 of the laws of 2023, is amended to read as
follows:
6. (a) (i) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a local correctional facility OR SECURE OR SPECIALIZED
SECURE DETENTION FACILITY may, in a manner permitted by the regulations
promulgated pursuant to this subdivision, utilize body imaging scanning
equipment that applies ionizing radiation to humans for purposes of
screening incarcerated individuals committed to such LOCAL CORRECTIONAL
FACILITY, OR INDIVIDUALS DETAINED IN OR COMMITTED TO, VISITING OR
EMPLOYED IN A SECURE OR SPECIALIZED SECURE DETENTION facility, in
connection with the implementation of such facility's security program.
(ii) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a state correctional facility OR FACILITY FOR YOUTH PLACED
WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES may, in
a manner permitted by the regulations promulgated pursuant to this
subdivision, utilize body imaging scanning equipment that applies ioniz-
ing radiation to humans for purposes of screening individuals detained
in, committed to, visiting, or employed in such facility, in connection
with the implementation of such facility's security program.
(iii) The utilization of such body imaging scanning equipment shall be
in accordance with regulations promulgated by the department, or for
local correctional facilities in cities having a population of two
million or more, such utilization shall be in accordance with regu-
lations promulgated by the New York city department of health and mental
hygiene. The state commission of correction, in consultation with the
department of corrections and community supervision AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES, shall promulgate regulations establishing
when body imaging scanning equipment will be used to screen visitors and
[incarcerated] individuals DETAINED in OR COMMITTED TO state correction-
al facilities, SECURE OR SPECIALIZED SECURE DETENTION FACILITIES, OR
FACILITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES. Such regulations shall include provisions estab-
lishing that alternative methods of screening may be used to accommodate
S. 9006--B 53
individuals who decline or are unable to be screened by body imaging
scanning equipment for medical reasons and that alternative methods of
screening may be used to accommodate individuals who decline to be
screened for other reasons, unless security considerations warrant
otherwise. Such regulations shall also ensure that no person shall be
subjected to any form of harassment, intimidation, or disciplinary
action for choosing to be searched by an alternative method of screening
in lieu of body imaging scanning.
The department of corrections and community supervision AND THE OFFICE
OF CHILDREN AND FAMILY SERVICES shall promulgate regulations establish-
ing when body imaging scanning equipment will be used to screen employ-
ees of the department of corrections and community supervision AND THE
OFFICE OF CHILDREN AND FAMILY SERVICES, provided, however that such
regulations shall be consistent with the policies and procedures of the
department of corrections and community supervision AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES governing the search of employees. Such
regulations shall include provisions establishing that alternative meth-
ods of screening may be used to accommodate individuals who decline or
are unable to be screened by body imaging scanning equipment for medical
or other reasons. Such regulations shall also ensure that no person
shall be subjected to any form of harassment, intimidation, or discipli-
nary action for choosing to be searched by an alternative method of
screening in lieu of body imaging scanning. An employee's request to be
searched by an alternative method of screening in lieu of body imaging
scanning shall not, in itself, be grounds for disciplinary action
against such employee.
(b) Prior to establishing, maintaining or operating ANY BODY IMAGING
SCANNING EQUIPMENT in a state or local correctional facility, [any body
imaging scanning equipment] SECURE OR SPECIALIZED SECURE DETENTION
FACILITY, OR FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES, the chief administrative officer of the
facility shall ensure that such facility is in compliance with the regu-
lations promulgated pursuant to this subdivision and otherwise applica-
ble requirements for the installation, registration, maintenance, opera-
tion and inspection of body imaging scanning equipment.
(c) The regulations promulgated pursuant to subparagraph (ii) of para-
graph (a) of this subdivision shall include, but not be limited to:
(i) A requirement that prior to operating body imaging scanning equip-
ment, unlicensed personnel employed at state or local correctional
facilities, SECURE OR SPECIALIZED SECURE DETENTION FACILITIES, OR FACIL-
ITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES shall have successfully completed a training course
approved by the department, or for local correctional facilities in
cities of two million or more, approved by the New York city department
of health and mental hygiene, and that such personnel receive additional
training on an annual basis;
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that individuals under the age of eigh-
teen shall not be subject to more than five percent of such annual expo-
sure limits, and pregnant [women] PERSONS shall not be subject to such
scanning at any time. Procedures for identifying pregnant [women]
PERSONS shall be set forth in the regulations;
(iii) Registration with the department of each body imaging scanning
machine purchased or installed at a state or local correctional
facility, SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY
S. 9006--B 54
FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY
SERVICES;
(iv) Inspection and regular reviews of the use of body imaging scan-
ning equipment by the department or the New York city department of
health and mental hygiene, as applicable; and
(v) A requirement that records be kept regarding each use of body
imaging scanning equipment by the state or local correctional facility,
SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY FOR YOUTH
PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(d) For the purpose of this subdivision, "body imaging scanning equip-
ment" or "equipment" means equipment that utilizes a low dose of ioniz-
ing radiation to produce an anatomical image capable of detecting
objects placed on, attached to or secreted within a person's body.
(e) For the purposes of this subdivision:
(i) "Local correctional facility" shall have the same meaning as found
in subdivision sixteen of section two of the correction law.
(ii) "State correctional facility" shall mean a "correctional facili-
ty" as defined in subdivision four of section two of the correction law.
(III) "SECURE DETENTION FACILITY" SHALL MEAN A SECURE DETENTION FACIL-
ITY CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SECTION FIVE HUNDRED THREE OF THE EXECUTIVE LAW.
(IV) "SPECIALIZED SECURE DETENTION FACILITY" SHALL MEAN A FACILITY FOR
ADOLESCENT OFFENDERS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES IN CONSULTATION WITH THE STATE COMMISSION OF CORRECTION PURSU-
ANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED THREE OF THE EXECUTIVE
LAW.
(V) "FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES" SHALL MEAN A FACILITY OPERATED PURSUANT TO
SECTION FIVE HUNDRED FOUR OF THE EXECUTIVE LAW.
(f) Any local government agency that utilizes body imaging scanning
equipment in a local correctional, OR SECURE OR SPECIALIZED SECURE
DETENTION facility under its jurisdiction shall submit an annual report
to the department, the speaker of the assembly, and the temporary presi-
dent of the senate. If body imaging scanning equipment is utilized in
one or more state correctional facilities OR FACILITIES FOR YOUTH PLACED
WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, the
department of corrections and community supervision OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES, AS APPLICABLE, shall submit an annual
report to the department, the speaker of the assembly, and the temporary
president of the senate. Such report by [either] the local government
agency [or], the department of corrections and community supervision OR
THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be submitted within
eighteen months after the initial date of registration of such equipment
with the department, and annually thereafter, and shall contain the
following information as to each such facility:
(i) [For] FOR local correctional facilities, the number of times the
equipment was used on incarcerated individuals, OR FOR SECURE OR
SPECIALIZED SECURE DETENTION FACILITIES, THE NUMBER OF TIMES THE EQUIP-
MENT WAS USED ON INDIVIDUALS PLACED WITH, COMMITTED TO, VISITING OR
EMPLOYED IN SUCH FACILITY, upon intake, after visits, and upon the
suspicion of contraband, as well as any other event that triggers the
use of such equipment, and the average, median, and highest number of
times the equipment was used on any [incarcerated] SUCH individual, with
corresponding exposure levels; [and]
(ii) [For] FOR state correctional facilities OR FACILITIES FOR YOUTH
PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
S. 9006--B 55
the number of times the equipment was used on individuals detained in,
committed to, working in, or visiting the facility upon intake, before
work shift, after work shift, before visits, after visits, and upon the
suspicion of contraband, as well as any other event that triggers the
use of such equipment, and the average, median, and highest number of
times the equipment was used on any individual detained in, committed
to, working in, or visiting the facility, with corresponding exposure
levels[.];
(iii) the number of times the use of the equipment detected the pres-
ence of drug contraband, weapon contraband, and any other illegal or
impermissible object or substance;
(iv) incidents or any injuries or illness resulting from the use of
such equipment or reported by persons scanned by such equipment; and
(v) any other information the department may reasonably require.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that the amendments to
subdivision 6 of section 3502 of the public health law made by section
one of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith. 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 K
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 O of
chapter 56 of the laws of 2025, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2026]; 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, 2026.
PART L
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part R of chapter 56 of the laws of 2025, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$186.00] $191.00 for each month beginning on or after
January first, two thousand [twenty-five] TWENTY-SIX.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$213.00] $219.00 for each month beginning on
or after January first, two thousand [twenty-five] TWENTY-SIX.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$255.00] $262.00 for each month
beginning on or after January first, two thousand [twenty-five] TWENTY-
SIX.
(d) for the period commencing January first, two thousand [twenty-six]
TWENTY-SEVEN, the monthly personal needs allowance shall be an amount
S. 9006--B 56
equal to the sum of the amounts set forth in subparagraphs one and two
of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [twenty-six] TWENTY-SEVEN, but prior to June thirtieth, two
thousand [twenty-six] TWENTY-SEVEN, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
R of chapter 56 of the laws of 2025, are amended to read as follows:
(a) On and after January first, two thousand [twenty-five] TWENTY-SIX,
for an eligible individual living alone, [$1,054.00] $1,081.00; and for
an eligible couple living alone, [$1,554.00] $1,595.00.
(b) On and after January first, two thousand [twenty-five] TWENTY-SIX,
for an eligible individual living with others with or without in-kind
income, [$990.00] $1,017.00; and for an eligible couple living with
others with or without in-kind income, [$1,496.00] $1,537.00.
(c) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving family care, [$1,233.48]
$1,260.48 if such individual is receiving such care in the city of New
York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii)
for an eligible couple receiving family care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1,195.48] $1,222.48; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving residential care, [$1,402.00]
$1,429.00 if such individual is receiving such care in the city of New
York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii)
for an eligible couple receiving residential care in the city of New
York or the county of Nassau, Suffolk, Westchester or Rockland, two
times the amount set forth in subparagraph (i) of this paragraph; or
(iii) for an eligible individual receiving such care in any other county
in the state, [$1,372.00] $1,399.00; and (iv) for an eligible couple
receiving such care in any other county in the state, two times the
amount set forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving enhanced residential care,
[$1,661.00] $1,688.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-six] TWENTY-
SEVEN but prior to June thirtieth, two thousand [twenty-six] TWENTY-SEV-
EN.
§ 3. This act shall take effect December 31, 2026.
PART M
S. 9006--B 57
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $20,680,000 for the fiscal
year ending March 31, 2027. Within this total amount, $275,000 shall be
used for the purpose of entering into a contract with the neighborhood
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$20,680,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2025-2026 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating (as determined by the state of
New York mortgage agency) required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer to be made as soon as practicable but no later than
June 30, 2026.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $9,427,000 for the fiscal year ending March
31, 2027. Within this total amount, $275,000 shall be used for the
purpose of entering into a contract with the 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 $9,427,000, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2025-2026 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2026.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
S. 9006--B 58
law, a sum not to exceed $25,382,000 for the fiscal year ending March
31, 2027. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$25,382,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2025-2026 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2026.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $74,181,000 for the fiscal year
ending March 31, 2027. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to exceed $74,181,000, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2025-2026 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating as determined by
the state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2027.
§ 5. This act shall take effect immediately.
PART N
Section 1. Paragraph (g) of section 1603 of the not-for-profit corpo-
ration law, as amended by chapter 508 of the laws of 2018, is amended to
read as follows:
S. 9006--B 59
(g) Nothing in this article shall be construed to authorize the exist-
ence of more than [thirty-five] FORTY-FIVE land banks located in the
state at one time, provided further that each foreclosing governmental
unit or units proposing to create a land bank shall submit such local
law, ordinance or resolution as required by paragraph (a) of this
section, to the urban development corporation, for its review and
approval. The creation of a land bank shall be conditioned upon approval
of the urban development corporation.
§ 2. This act shall take effect immediately.
PART O
Section 1. Section 489 of the real property tax law is amended by
adding a new subdivision 22 to read as follows:
22. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
(1) "AFFORDABLE RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKETING
BAND THAT IS ALLOWED FOR AN AFFORDABLE RENTAL UNIT AS SUCH RENT IS
ESTABLISHED BY THE LOCAL HOUSING AGENCY.
(2) "AFFORDABLE RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
RENTAL BUILDING THAT, AS OF THE FILING OF AN APPLICATION FOR A CERTIF-
ICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT AT OR BELOW THE
AFFORDABLE RENT.
(3) "AREA MEDIAN INCOME" SHALL MEAN THE INCOME LIMITS AS DEFINED ANNU-
ALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE NEW YORK CITY AREA.
(4) "CERTIFICATE OF ELIGIBILITY AND REASONABLE COST" SHALL MEAN A
DOCUMENT ISSUED BY THE LOCAL HOUSING AGENCY THAT ESTABLISHES THAT A
PROPERTY IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH
THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION FOR WHICH
SUCH BENEFITS SHALL BE RECEIVED.
(5) "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING
MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB-
LISHED, AND UPDATED AT LEAST EVERY TWO YEARS, BY THE LOCAL HOUSING AGEN-
CY.
(6) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE LOCAL HOUSING AGENCY
ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES-
SARY FOR FURTHER ASSESSMENT OF AN APPLICATION FOR A CERTIFICATE OF
ELIGIBILITY AND REASONABLE COST WHERE SUCH APPLICATION CONTAINED ALL
INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING.
(7) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE
CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL OPERATION UNDERTAKEN FOR
THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS.
(8) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE
CONSTRUCTION, THE DATE ON WHICH:
(A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL ELIGI-
BLE CONSTRUCTION HAS CONCLUDED; AND
(B) ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE
AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE CONSTRUCTION CAPABLE
OF USE FOR THE PURPOSE FOR WHICH SUCH ELIGIBLE CONSTRUCTION WAS
INTENDED.
(9) "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION IN A
CLASS A MULTIPLE DWELLING THAT:
(A) IS ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE
PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD;
(B) CONTAINS AT LEAST ONE ROOM; AND
S. 9006--B 60
(C) CONTAINS WITHIN SUCH ACCOMMODATION LAWFUL SANITARY AND KITCHEN
FACILITIES RESERVED FOR ITS OCCUPANTS.
(10) "ELIGIBLE BUILDING" SHALL MEAN AN ELIGIBLE RENTAL BUILDING, AN
ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED HOMEOWNERSHIP
BUILDING, PROVIDED THAT SUCH BUILDING CONTAINS THREE OR MORE DWELLING
UNITS.
(11) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO
AN ELIGIBLE BUILDING THAT:
(A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE-
DULE;
(B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD;
(C) HAVE A COMPLETION DATE THAT IS ON OR AFTER JUNE THIRTIETH, TWO
THOUSAND TWENTY-SIX AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND THIRTY-SIX
THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND
(D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI-
BLE BUILDING.
(12) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING
THAT:
(A) IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPER-
ATIVE HOUSING;
(B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
(C) HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE
LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP
AVERAGE ASSESSED VALUATION LIMITATION.
(13) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXIST-
ING BUILDING THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY
EITHER:
(A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A
MUTUAL COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY
REGULATORY AGREEMENT; OR
(B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED AND
OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND
RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
(14) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT:
(A) IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE OPERATED AS RENTAL HOUSING;
(B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
(C) SATISFIES ONE OF THE FOLLOWING CONDITIONS:
(I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING
ARE AFFORDABLE RENTAL UNITS;
(II) NOT LESS THAN NINETY PERCENT OF THE DWELLING UNITS IN SUCH BUILD-
ING ARE SUBJECT TO RENT REGULATION;
(III) SUCH BUILDING IS OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING
COMPANY; OR
(IV) SUCH BUILDING IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL
ASSISTANCE.
(15) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH:
(A) IS PERMANENTLY AFFIXED TO THE LAND;
(B) HAS ONE OR MORE FLOORS AND A ROOF;
(C) IS BOUNDED BY WALLS;
(D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES-
TRIAN INGRESS AND EGRESS;
(E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT IS IN
EFFECT PRIOR TO THE COMMENCEMENT DATE; AND
S. 9006--B 61
(F) EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE
THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE-
MENT DATE.
(16) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL MEAN
AN AVERAGE ASSESSED VALUATION OF SEVENTY-FIVE THOUSAND DOLLARS PER
DWELLING UNIT, ADJUSTED ANNUALLY TO REFLECT ANY INCREASE IN THE CONSUMER
PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE
UNITED STATES BUREAU OF LABOR STATISTICS FOR THE REGION IN WHICH THE
ELIGIBLE BUILDING IS LOCATED, AS ESTABLISHED FOR THE MOST RECENT PRECED-
ING CALENDAR YEAR.
(17) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME MEANING AS
"COMPANY" AS DEFINED IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE
LAW.
(18) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
RENTAL BUILDING OTHER THAN AN AFFORDABLE RENTAL UNIT.
(19) "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM
TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE.
(20) "MINIMUM SCOPE OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF
CERTIFIED REASONABLE COST ESTABLISHED BY RULES, REGULATIONS, AND GUID-
ANCE DOCUMENTS OF THE LOCAL HOUSING AGENCY, PROVIDED THAT SUCH AMOUNT
SHALL BE NO LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELL-
ING UNIT IN EXISTENCE ON THE COMPLETION DATE.
(21) "MULTIPLE DWELLING" SHALL HAVE THE MEANING AS SUCH TERM IS
DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW.
(22) "MUTUAL COMPANY" SHALL HAVE THE MEANING AS SUCH TERM IS DEFINED
IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE LAW.
(23) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND
IRREVOCABLE AGREEMENT BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF
HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUS-
ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN-
CY PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY
PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW FOR
NOT LESS THAN FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION
PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH
MUTUAL COMPANY.
(24) "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING,
WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" AS DEFINED
IN SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW.
(25) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS
"MUTUAL COMPANY" WHEN APPLIED TO A REDEVELOPMENT COMPANY AS DEFINED IN
SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
(26) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN A
BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY
AND THE COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING
AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, OR THE NEW
YORK STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON-
STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO SECTION ONE
HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI-
ER OF:
(A) FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM
BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL
REDEVELOPMENT COMPANY; OR
S. 9006--B 62
(B) THE EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE-
VELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-FIVE OF THE
PRIVATE HOUSING FINANCE LAW.
(27) "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SUCH TERM
IS DEFINED IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE
LAW.
(28) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME
MEANING, WITH RESPECT TO ANY REDEVELOPMENT COMPANY, AS "SUPERVISING
AGENCY" AS DEFINED IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING
FINANCE LAW.
(29) "REHABILITATION PROGRAM BENEFITS" SHALL MEAN ABATEMENT OF REAL
PROPERTY TAXES PURSUANT TO THIS SUBDIVISION.
(30) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING
RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL EMERGENCY
HOUSING RENT CONTROL ACT, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT
PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE
EFFECTIVE DATE OF THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED
THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESS-
ING SUBSTANTIALLY THE SAME SUBJECT MATTER.
(31) "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION
OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO SUCH PERIOD,
FIFTEEN YEARS FROM THE INITIAL RECEIPT OF REHABILITATION BENEFITS, OR
SUCH ADDITIONAL PERIOD OF TIME AS MAY BE IMPOSED PURSUANT TO CLAUSE (A)
OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION.
(32) "SUBSTANTIAL GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS,
OR SUBSIDIES FROM ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY OR
INSTRUMENTALITY IN FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY, PROVIDED THAT
SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU-
LATORY AGREEMENT ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT
IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIFICATE
OF ELIGIBILITY AND REASONABLE COST.
(33) "SUBSTANTIAL INTEREST" SHALL MEAN AN OWNERSHIP INTEREST OF TEN
PERCENT OR MORE.
(B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION
OF THIS SECTION OR OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRA-
RY, IN A CITY WITH A POPULATION OF ONE MILLION PERSONS OR MORE, REAL
PROPERTY TAXES ON AN ELIGIBLE BUILDING IN WHICH ELIGIBLE CONSTRUCTION
HAS BEEN COMPLETED MAY BE ABATED BY AN AGGREGATE AMOUNT THAT SHALL NOT
EXCEED ONE HUNDRED PERCENT OF THE TOTAL CERTIFIED REASONABLE COST OF
SUCH CONSTRUCTION PLUS AN AMOUNT EQUIVALENT TO THE FILING FEE PAID
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (D) OF THIS SUBDIVISION, AS
DETERMINED UNDER RULES, REGULATIONS, AND GUIDANCE DOCUMENTS OF THE LOCAL
HOUSING AGENCY, PROVIDED THAT:
(1) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS;
(2) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE
BUILDING SHALL NOT EXCEED EIGHT AND ONE-THIRD PERCENT OF THE TOTAL
CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION;
(3) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE
BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED
THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD
FOR SUCH BUILDING, PROVIDED, HOWEVER, THAT SUCH ABATEMENT SHALL NOT
EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN
SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING:
S. 9006--B 63
(A) AN ELIGIBLE RENTAL BUILDING OWNED BY A LIMITED-PROFIT HOUSING
COMPANY OR A REDEVELOPMENT COMPANY;
(B) AN ELIGIBLE HOMEOWNERSHIP BUILDING; AND
(C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND
(4) SUCH ABATEMENT SHALL BECOME EFFECTIVE BEGINNING WITH THE FIRST
QUARTERLY TAX BILL IMMEDIATELY FOLLOWING THE DATE OF ISSUANCE OF THE
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST.
(C) GUIDANCE AND RULEMAKING. EACH AGENCY OR DEPARTMENT TO WHICH FUNC-
TIONS ARE ASSIGNED BY THIS SUBDIVISION MAY ADOPT AND PROMULGATE RULES,
REGULATIONS, AND GUIDANCE DOCUMENTS FOR THE EFFECTUATION OF THE PURPOSE
OF THIS SUBDIVISION.
(D) APPLICATION. (1) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY
AND REASONABLE COST PURSUANT TO THIS SUBDIVISION SHALL BE MADE AFTER THE
COMPLETION DATE AND ON OR BEFORE THE LATER OF (A) FOUR MONTHS FROM THE
EFFECTIVE DATE OF THIS SUBDIVISION; OR (B) FOUR MONTHS FROM SUCH
COMPLETION DATE.
(2) SUCH APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA-
BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL BE
SATISFACTORY TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO,
EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION.
(3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE
THAT SHALL BE PAID BY A CERTIFIED CHECK OR CASHIER'S CHECK UPON THE
FILING OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST. SUCH FEE SHALL BE SEVENTY-FIVE DOLLARS FOR EACH DWELLING UNIT IN
THE ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION, BUT NO
MORE THAN TWENTY THOUSAND DOLLARS FOR EACH APPLICATION, WITH SUCH FEE
FOR EACH DWELLING UNIT AND MAXIMUM FEE ADJUSTED ANNUALLY TO REFLECT ANY
INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL
ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATISTICS FOR
THE REGION IN WHICH THE ELIGIBLE BUILDING IS LOCATED, AS ESTABLISHED FOR
THE MOST RECENT PRECEDING CALENDAR YEAR. FOR AN APPLICATION FOR REHABIL-
ITATION PROGRAM BENEFITS THAT HAS BEEN APPROVED, AN AMOUNT EQUIVALENT TO
THE FILING FEE PAID PURSUANT TO THIS SUBPARAGRAPH SHALL BE INCLUDED IN
THE AGGREGATE AMOUNT ABATED UNDER THIS SUBDIVISION.
(4) ANY APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH THAT IS
MISSING ANY OF THE INFORMATION AND DOCUMENTATION REQUIRED AT INITIAL
FILING BY ANY RULES, REGULATIONS, AND GUIDANCE DOCUMENTS OF THE LOCAL
HOUSING AGENCY SHALL BE DENIED, PROVIDED THAT A NEW APPLICATION FOR THE
SAME ELIGIBLE CONSTRUCTION, TOGETHER WITH A NEW NON-REFUNDABLE FILING
FEE, MAY BE FILED WITHIN FIFTEEN DAYS OF THE DATE OF ISSUANCE OF SUCH
DENIAL. IF SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH REQUIRED
INFORMATION AND DOCUMENTATION, IT SHALL BE DENIED AND NO FURTHER APPLI-
CATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED.
(5) THE FAILURE OF AN APPLICANT TO RESPOND TO ANY CHECKLIST WITHIN
THIRTY DAYS OF THE DATE OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY
SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER APPLICATIONS
FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING
AGENCY SHALL ISSUE NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN
APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL
BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS
TO ISSUE A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AFTER THE
TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST CONCERNING SUCH
APPLICATION. AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION
FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE, SUCH AGENCY SHALL
PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION.
S. 9006--B 64
(6) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT.
(A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION:
(I) THE NAME OF EVERY OWNER OF RECORD AND OWNER OF A SUBSTANTIAL
INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND
(II) A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS
PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR UNLAWFULLY
EVICTED TENANTS BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY,
INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE LEGAL JURISDIC-
TION UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS, OR
ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF TENANTS OR UNLAWFUL
EVICTION.
(B) NO ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE:
(I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED;
OR
(II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR OMIS-
SION OF ANY MATERIAL FACT; OR
(III) ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE
ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING
THE ELIGIBLE CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION
OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPRO-
PRIATE LEGAL JURISDICTION UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW
REGULATING RENTS, OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF
TENANTS OR UNLAWFUL EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO
THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS, UNTIL AND
UNLESS THE FINDING IS REVERSED ON APPEAL.
(C) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR OTHER LEGAL REPRESEN-
TATIVE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR THE
DISTRICT ATTORNEY OF ANY COUNTY LOCATED IN A CITY WITH A POPULATION OF
ONE MILLION OR MORE, MAY INSTITUTE AN ACTION OR PROCEEDING IN ANY COURT
OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECESSARY TO DETER-
MINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN
THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSOR-
ING THE ELIGIBLE CONSTRUCTION HAS HARASSED OR UNLAWFULLY EVICTED TENANTS
AS DESCRIBED IN THIS SUBPARAGRAPH.
(7) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY RULES,
REGULATIONS, AND GUIDANCE DOCUMENTS THAT AN APPLICATION FOR A CERTIF-
ICATE OF ELIGIBILITY AND REASONABLE COST BE FILED ELECTRONICALLY.
(8) THE LOCAL HOUSING AGENCY MAY REQUIRE AN APPLICANT TO DEMONSTRATE
COMPLIANCE WITH THE HOUSING MAINTENANCE CODE. IF HAZARDOUS OR IMMEDIATE-
LY HAZARDOUS VIOLATIONS EXIST, THE LOCAL HOUSING AGENCY MAY REQUIRE THE
APPLICANT TO REMEDIATE SUCH VIOLATIONS AND MAY IMPOSE A PENALTY IN AN
AMOUNT SET FORTH IN RULES, REGULATIONS, AND GUIDANCE DOCUMENTS IF THE
APPLICANT FAILS TO CLEAR THE VIOLATION.
(E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN
ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY. IN ADDITION
TO ALL OTHER CONDITIONS OF ELIGIBILITY FOR REHABILITATION PROGRAM BENE-
FITS SET FORTH IN THIS SUBDIVISION, AN ELIGIBLE RENTAL BUILDING, OTHER
THAN ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY, SHALL
ALSO COMPLY WITH ALL PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE
FOREGOING, AN ELIGIBLE RENTAL BUILDING THAT IS THE RECIPIENT OF SUBSTAN-
S. 9006--B 65
TIAL GOVERNMENTAL ASSISTANCE SHALL NOT BE REQUIRED TO COMPLY WITH THE
PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARAGRAPH.
(1) NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE CONTRARY,
ANY MARKET RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SUBJECT TO
RENT REGULATION AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIF-
ICATE OF ELIGIBILITY AND REASONABLE COST AND ANY AFFORDABLE RENTAL UNIT
WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION
UNTIL SUCH UNIT FIRST BECOMES VACANT AFTER THE EXPIRATION OF THE
RESTRICTION PERIOD AT WHICH TIME SUCH UNIT, UNLESS IT WOULD BE SUBJECT
TO RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS SUBDI-
VISION, SHALL BE DEREGULATED, PROVIDED, HOWEVER, THAT DURING THE
RESTRICTION PERIOD, NO EXEMPTION OR EXCLUSION FROM ANY REQUIREMENT OF
RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS.
(2) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING THAT IS
NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE.
(A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE
RENTAL BUILDING SHALL BE DESIGNATED AS AFFORDABLE RENTAL UNITS.
(B) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL ENSURE THAT NO
AFFORDABLE RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG-
ER THAN REASONABLY NECESSARY.
(C) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL WAIVE THE
COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO
RENT REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR WHICH
SUCH ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM BENEFITS,
AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER. THE LOCAL HOUSING AGENCY
SHALL NOT REQUIRE AN OWNER TO FILE SUCH WAIVER UNTIL THE APPLICATION FOR
REHABILITATION PROGRAM BENEFITS HAS BEEN APPROVED.
(D) AN AFFORDABLE RENTAL UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
AFFORDABLE RENTAL UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT, AND SHALL INCLUDE A NOTICE IN AT LEAST TWELVE-
POINT TYPE INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDI-
VISION, INCLUDING AN EXPLANATION OF THE RESTRICTIONS ON RENT INCREASES
THAT MAY BE IMPOSED ON SUCH AFFORDABLE RENTAL UNIT.
(E) THE LOCAL HOUSING AGENCY MAY ESTABLISH BY RULES, REGULATIONS, AND
GUIDANCE DOCUMENTS SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS
NECESSARY OR APPROPRIATE FOR DESIGNATING AFFORDABLE RENTAL UNITS,
INCLUDING, BUT NOT LIMITED TO, DESIGNATING THE UNIT MIX AND DISTRIBUTION
REQUIREMENTS OF SUCH AFFORDABLE RENTAL UNITS IN AN ELIGIBLE BUILDING.
(3) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR
CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING OR
UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD.
(4) NO DWELLING UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE
CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION
PERIOD.
(5) ANY NON-COMPLIANCE OF AN ELIGIBLE RENTAL BUILDING WITH THE
PROVISIONS OF THIS PARAGRAPH SHALL PERMIT THE LOCAL HOUSING AGENCY TO
TAKE THE FOLLOWING ACTION:
(A) EXTEND THE RESTRICTION PERIOD;
(B) INCREASE THE NUMBER OF AFFORDABLE RENTAL UNITS IN SUCH ELIGIBLE
RENTAL BUILDING;
(C) IMPOSE A PENALTY OF NOT MORE THAN THE PRODUCT OF ONE THOUSAND
DOLLARS PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING UNITS
CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND
S. 9006--B 66
(D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD-
ANCE WITH PARAGRAPH (P) OF THIS SUBDIVISION.
(F) COMPLIANCE WITH APPLICABLE LAW. REHABILITATION PROGRAM BENEFITS
SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH
ELIGIBLE BUILDING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW. REHA-
BILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED IF THE LOCAL HOUSING
AGENCY DETERMINES THAT ELIGIBLE CONSTRUCTION WAS NOT CARRIED OUT IN
CONFORMITY WITH ALL APPLICABLE PROVISIONS OF LAW.
(G) TENANT NOTIFICATION. NOTWITHSTANDING ANY PROVISION OF THIS SECTION
TO THE CONTRARY, NO REHABILITATION PROGRAM BENEFITS SHALL BE GRANTED FOR
ANY ELIGIBLE CONSTRUCTION WITH A COMMENCEMENT DATE ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION UNLESS THE APPLICANT PROVIDES TO
TENANTS, IF ANY, OF SUCH ELIGIBLE BUILDING NOT MORE THAN ONE HUNDRED
EIGHTY DAYS NOR LESS THAN THIRTY DAYS PRIOR TO THE COMMENCEMENT DATE,
NOTICE OF THE FOLLOWING INFORMATION:
(1) THE PROPOSED WORK;
(2) THE IDENTITY AND CONTACT INFORMATION OF THE ELIGIBLE BUILDING'S
REPRESENTATIVE; AND
(3) THE TENANTS' RIGHTS UNDER APPLICABLE LAW WITH RESPECT TO SUCH
WORK; PROVIDED THAT, IN THE CASE OF A LOAN PROGRAM SUPERVISED BY THE
LOCAL HOUSING AGENCY, SUCH AGENCY MAY PROVIDE THE REQUIRED NOTICE TO THE
TENANTS.
(H) NOTICE OF INTENT. AN APPLICANT FOR REHABILITATION PROGRAM BENEFITS
FOR ANY ELIGIBLE CONSTRUCTION WITH A COMMENCEMENT DATE ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION SHALL FILE WITH THE LOCAL HOUSING
AGENCY A FORM SUPPLIED BY SUCH AGENCY WHICH:
(1) STATES AN INTENTION TO FILE FOR REHABILITATION PROGRAM BENEFITS;
(2) DESCRIBES THE WORK FOR WHICH REHABILITATION PROGRAM BENEFITS WILL
BE CLAIMED;
(3) ESTIMATES THE COST OF SUCH WORK WHICH WILL BE ELIGIBLE FOR REHA-
BILITATION PROGRAM BENEFITS; AND
(4) PROVIDES PROOF OF THE NOTICE REQUIRED UNDER PARAGRAPH (G) OF THIS
SUBDIVISION. SUCH FORM SHALL BE FILED PRIOR TO THE COMMENCEMENT DATE. IF
THE SCOPE OF SUCH WORK OR THE ESTIMATED COST THEREOF CHANGES MATERIALLY,
SUCH APPLICANT SHALL FILE A REVISED NOTICE OF INTENT. AN APPLICANT WHO
FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE
SUBJECT TO A PENALTY NOT TO EXCEED ONE HUNDRED PERCENT OF THE FILING FEE
OTHERWISE PAYABLE PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (D) OF
THIS SUBDIVISION.
(I) IMPLEMENTATION OF REHABILITATION PROGRAM BENEFITS. UPON ISSUANCE
OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AND PAYMENT OF
OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS-
MIT SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST TO THE LOCAL
AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT. UPON RECEIPT OF A
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON-
SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES
TO BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND PURSUANT
TO SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED BY THE
LOCAL HOUSING AGENCY.
(J) OUTSTANDING TAXES AND CHARGES. REHABILITATION PROGRAM BENEFITS
SHALL NOT BE ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING
CASES:
(1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES
OR PAYMENTS IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE LAST DAY
OF THE TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF THE CERTIFICATE
S. 9006--B 67
OF ELIGIBILITY AND REASONABLE COST BY THE LOCAL AGENCY RESPONSIBLE FOR
REAL PROPERTY TAX ASSESSMENT; OR
(2) REAL ESTATE TAXES OR WATER AND SEWER CHARGES DUE AT ANY TIME
DURING THE AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR ONE YEAR
AFTER THE SAME ARE DUE AND PAYABLE.
(K) ADDITIONAL LIMITATIONS ON ELIGIBILITY. (1) REHABILITATION PROGRAM
BENEFITS SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING RECEIVING TAX
EXEMPTION OR ABATEMENT CONCURRENTLY FOR REHABILITATION OR NEW
CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR LOCAL LAW OR ORDI-
NANCE, INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, WITH THE EXCEP-
TION OF ANY ELIGIBLE CONSTRUCTION TO AN ELIGIBLE BUILDING RECEIVING A
TAX EXEMPTION OR ABATEMENT UNDER THE PROVISIONS OF THE PRIVATE HOUSING
FINANCE LAW;
(2) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM
OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD-
ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME OR A SIMILAR
ITEM OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING
THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST FOR SUCH REHABILITATION PROGRAM BENEFITS;
(3) WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF
AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED FOR DWELLING PURPOSES, THE
ASSESSED VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI-
BLE CONSTRUCTION SHALL BE APPORTIONED SO THAT REHABILITATION PROGRAM
BENEFITS SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER
THAN DWELLING PURPOSES; AND
(4) REHABILITATION PROGRAM BENEFITS SHALL NOT BE APPLIED TO ABATE THE
TAXES UPON THE LAND PORTION OF REAL PROPERTY, WHICH SHALL CONTINUE TO BE
TAXED BASED UPON THE ASSESSED VALUATION OF THE LAND AND THE APPLICABLE
TAX RATE AT THE TIME SUCH TAXES ARE LEVIED.
(L) RE-INSPECTION PENALTY. IF THE LOCAL HOUSING AGENCY CANNOT VERIFY
THE ELIGIBLE CONSTRUCTION CLAIMED BY AN APPLICANT UPON THE FIRST
INSPECTION BY THE LOCAL HOUSING AGENCY OF THE ELIGIBLE BUILDING, SUCH
APPLICANT SHALL BE REQUIRED TO PAY TEN TIMES THE ACTUAL COST OF ANY
ADDITIONAL INSPECTION NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION.
(M) STRICT LIABILITY FOR INACCURATE APPLICATIONS. IF THE LOCAL HOUSING
AGENCY DETERMINES THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY
AND REASONABLE COST CONTAINS A MATERIAL MISSTATEMENT OF FACT OR OMISSION
OF FACT, THE LOCAL HOUSING AGENCY MAY REJECT SUCH APPLICATION AND BAR
THE SUBMISSION OF ANY OTHER APPLICATION PURSUANT TO THIS SUBDIVISION
WITH RESPECT TO SUCH ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED THREE
YEARS. AN APPLICANT SHALL NOT BE RELIEVED FROM LIABILITY UNDER THIS
PARAGRAPH BECAUSE IT SUBMITTED ITS APPLICATION UNDER A MISTAKEN BELIEF
OF FACT. FURTHERMORE, ANY PERSON OR ENTITY THAT FILES MORE THAN SIX
APPLICATIONS CONTAINING SUCH A MATERIAL MISSTATEMENT OF FACT OR OMISSION
OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM SUBMITTING
ANY NEW APPLICATION FOR REHABILITATION PROGRAM BENEFITS ON BEHALF OF ANY
ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS.
(N) FALSE STATEMENTS. ANY PERSON WHO SHALL KNOWINGLY AND WILLFULLY
MAKE ANY FALSE STATEMENT OR OMISSION AS TO ANY MATERIAL MATTER IN ANY
APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL
BE GUILTY OF AN OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH.
(O) INVESTIGATORY AUTHORITY. THE LOCAL HOUSING AGENCY MAY REQUIRE SUCH
CERTIFICATIONS AND CONSENTS NECESSARY TO ACCESS RECORDS, INCLUDING OTHER
TAX RECORDS, AS MAY BE DEEMED APPROPRIATE TO ENFORCE THE ELIGIBILITY
REQUIREMENTS OF THIS SUBDIVISION. FOR PURPOSES OF DETERMINING AND CERTI-
S. 9006--B 68
FYING ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS AND THE REASONABLE
COST OF ANY ELIGIBLE CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE
AUTHORIZED TO:
(1) ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON, INCLUD-
ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING;
(2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS AND THE
PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM
NECESSARY;
(3) MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF SUCH
ELIGIBLE CONSTRUCTION;
(4) ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES OR
WORK IN SUCH ELIGIBLE CONSTRUCTION;
(5) REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH ELIGI-
BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF;
(6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND
(7) ON AN ANNUAL BASIS, REQUIRE THE SUBMISSION OF LEASES FOR ANY
DWELLING UNIT IN A BUILDING GRANTED A CERTIFICATE OF ELIGIBILITY AND
REASONABLE COST.
(P) TERMINATION OR REVOCATION. FAILURE TO COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION, ANY RULES, REGULATIONS, AND GUIDANCE DOCUMENTS
PROMULGATED THEREUNDER, OR ANY MUTUAL COMPANY REGULATORY AGREEMENT OR
MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT ENTERED INTO THERE-
UNDER, MAY RESULT IN TERMINATION OR REVOCATION OF ANY REHABILITATION
PROGRAM BENEFITS RETROACTIVE TO THE COMMENCEMENT THEREOF. SUCH TERMI-
NATION OR REVOCATION SHALL NOT EXEMPT SUCH ELIGIBLE BUILDING FROM
CONTINUED COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION, SUCH
RULES, REGULATIONS, AND GUIDANCE DOCUMENTS, AND SUCH MUTUAL COMPANY
REGULATORY AGREEMENT OR MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREE-
MENT.
(Q) CRIMINAL LIABILITY FOR UNAUTHORIZED USES. IN THE EVENT THAT ANY
RECIPIENT OF REHABILITATION PROGRAM BENEFITS USES ANY DWELLING UNIT IN
SUCH ELIGIBLE BUILDING IN VIOLATION OF THE REQUIREMENTS OF ANY RULES AND
REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, SUCH RECIPIENT
SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN
AN AMOUNT EQUIVALENT TO DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT
FROM SUCH UNLAWFUL USE OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR
BOTH.
(R) PRIVATE RIGHT OF ACTION. ANY PROSPECTIVE, PRESENT, OR FORMER
TENANT OF AN ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE-
MENTS AND PROHIBITIONS OF THIS SUBDIVISION, OR ANY RULES AND REGULATIONS
PROMULGATED THEREUNDER, IN THE SUPREME COURT OF NEW YORK. ANY SUCH INDI-
VIDUAL HARMED BY REASON OF A VIOLATION OF SUCH REQUIREMENTS AND PROHIBI-
TIONS MAY SUE THEREFOR IN THE SUPREME COURT OF NEW YORK ON BEHALF OF
THEMSELVES, AND SHALL RECOVER THREEFOLD THE DAMAGES SUSTAINED AND THE
COST OF THE SUIT, INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUS-
ING AGENCY MAY USE ANY COURT DECISION UNDER THIS PARAGRAPH THAT IS
ADVERSE TO THE OWNER OF AN ELIGIBLE BUILDING AS THE BASIS FOR FURTHER
ENFORCEMENT ACTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
ACTION BY A TENANT OF AN ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH
SHALL BE COMMENCED WITHIN SIX YEARS FROM THE DATE OF THE LATEST
VIOLATION.
(S) APPOINTMENT OF RECEIVER. IN ADDITION TO THE REMEDIES FOR NON-COM-
PLIANCE PROVIDED FOR IN SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS
SUBDIVISION, THE LOCAL HOUSING AGENCY MAY MAKE APPLICATION FOR THE
APPOINTMENT OF A RECEIVER IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN
APPLICABLE RULES, REGULATIONS, AND GUIDANCE DOCUMENTS OF THE LOCAL HOUS-
S. 9006--B 69
ING AGENCY. ANY RECEIVER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE
AUTHORIZED, IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW, TO EFFECT
COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION AND RULES, REGU-
LATIONS, AND GUIDANCE DOCUMENTS OF THE LOCAL HOUSING AGENCY. ANY EXPEND-
ITURES INCURRED BY THE RECEIVER TO EFFECT SUCH COMPLIANCE SHALL CONSTI-
TUTE A DEBT OF THE OWNER AND A LIEN UPON THE PROPERTY, AND UPON THE
RENTS AND INCOME THEREOF, IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN
SUCH RULES, REGULATIONS, AND GUIDANCE DOCUMENTS. THE LOCAL HOUSING AGEN-
CY IN ITS DISCRETION MAY PROVIDE FUNDS TO BE EXPENDED BY THE RECEIVER,
AND SUCH FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN
ACCORDANCE WITH APPLICABLE LOCAL LAWS OR ORDINANCES.
(T) REPORTING. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS SUBDIVISION, AND ANNUALLY THEREAFTER, THE LOCAL HOUSING AGENCY, IN
CONSULTATION WITH THE DEPARTMENT OF FINANCE, SHALL SUBMIT TO THE MAYOR
AND THE SPEAKER OF THE COUNCIL AND POST ON ITS WEBSITE A REPORT ON THE
ACTIONS BY THE LOCAL HOUSING AGENCY IN THE PRECEDING FISCAL YEAR RELATED
TO REHABILITATION PROGRAM BENEFITS. SUCH REPORT SHALL INCLUDE, BUT NOT
BE LIMITED TO:
(1) THE TOTAL AMOUNT OF THE REHABILITATION PROGRAM BENEFITS APPROVED
FOR EACH ELIGIBLE BUILDING, THE NUMBER OF ELIGIBLE BUILDINGS IN EACH
COMMUNITY DISTRICT, NEIGHBORHOOD TABULATION AREA, COUNCIL DISTRICT, NEW
YORK STATE ASSEMBLY DISTRICT, AND NEW YORK STATE SENATE DISTRICT, THE
BUILDING CLASSIFICATION, IN ACCORDANCE WITH SECTION THREE HUNDRED TWO OF
THE NEW YORK CITY BUILDING CODE, OF EACH SUCH ELIGIBLE BUILDING, THE
NUMBER OF DWELLING UNITS IN EACH SUCH ELIGIBLE BUILDING, AND THE NUMBER
OF QUALIFYING RENTAL UNITS IN EACH SUCH ELIGIBLE BUILDING; AND
(2) THE NUMBER OF ELIGIBLE BUILDINGS WHOSE REHABILITATION PROGRAM
BENEFITS WERE TERMINATED OR REVOKED AND THE NUMBER OF ELIGIBLE BUILDINGS
AGAINST WHICH ACTIONS WERE TAKEN, PURSUANT TO CLAUSES (A), (B) AND (C)
OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION, TO ADDRESS
NONCOMPLIANCE WITH THE PROVISIONS OF SUCH SUBDIVISION, AND THE STREET
ADDRESS OF EACH SUCH ELIGIBLE BUILDING.
(U) UPDATES TO THE CERTIFIED REASONABLE COST SCHEDULE. WHEN UPDATING
THE CERTIFIED REASONABLE COST SCHEDULE, THE LOCAL HOUSING AGENCY SHALL
CONSIDER THE FACTORS SUCH AGENCY DEEMS RELEVANT, SUCH AS THE REQUIRE-
MENTS IMPOSED ON ELIGIBLE BUILDINGS BY LOCAL LAW, INCLUDING, BUT NOT
LIMITED TO, ARTICLES THREE HUNDRED TWO, THREE HUNDRED TWENTY AND THREE
HUNDRED TWENTY-ONE OF CHAPTER THREE OF TITLE TWENTY-EIGHT OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK, AND THE EFFECTS OF INFLATION ON
SUCH COSTS SINCE THE PRIOR DATE THE CERTIFIED REASONABLE COST SCHEDULE
WAS UPDATED. THE LOCAL HOUSING AGENCY SHALL PUBLISH THE CERTIFIED
REASONABLE COST SCHEDULE ON ITS WEBSITE.
§ 2. This act shall take effect immediately.
PART P
Section 1. The opening paragraph of subdivision 2 of section 241.05 of
the penal law, as added by chapter 573 of the laws of 2019, is amended
to read as follows:
With intent to induce two or more rent regulated tenants occupying
different housing accommodations IN ONE RESIDENTIAL BUILDING, OR TWO
RENT REGULATED TENANTS OCCUPYING DIFFERENT HOUSING ACCOMMODATIONS IN TWO
SEPARATE RESIDENTIAL BUILDINGS, to vacate such housing accommodations,
such owner intentionally engages in a systematic ongoing course of
conduct that:
S. 9006--B 70
§ 2. The penal law is amended by adding a new section 241.07 to read
as follows:
§ 241.07 AGGRAVATED HARASSMENT OF A RENT REGULATED TENANT.
AN OWNER IS GUILTY OF AGGRAVATED HARASSMENT OF A RENT REGULATED TENANT
WHEN:
1. WITH INTENT TO INDUCE THREE OR MORE RENT REGULATED TENANTS OCCUPY-
ING DIFFERENT HOUSING ACCOMMODATIONS IN TWO OR MORE RESIDENTIAL BUILD-
INGS TO VACATE SUCH HOUSING ACCOMMODATIONS, SUCH OWNER INTENTIONALLY
ENGAGES IN A SYSTEMATIC ONGOING COURSE OF CONDUCT THAT:
(A) IMPAIRS THE HABITABILITY OF SUCH HOUSING ACCOMMODATIONS; OR
(B) CREATES OR MAINTAINS A CONDITION WHICH ENDANGERS THE SAFETY OR
HEALTH OF ONE OR MORE OF THE DWELLINGS' RENT REGULATED TENANTS; OR
(C) IS REASONABLY LIKELY TO INTERFERE WITH OR DISTURB, AND DOES INTER-
FERE WITH OR DISTURB, THE COMFORT, REPOSE, PEACE OR QUIET OF ONE OR MORE
OF SUCH RENT REGULATED TENANTS IN THEIR USE AND OCCUPANCY OF SUCH HOUS-
ING ACCOMMODATION INCLUDING, BUT NOT LIMITED TO, THE INTERRUPTION OR
DISCONTINUANCE OF ESSENTIAL SERVICES.
2. SUCH OWNER COMMITS THE CRIME OF HARASSMENT OF A RENT REGULATED
TENANT IN THE FIRST DEGREE AS DEFINED IN SECTION 241.05 OF THIS ARTICLE
AND HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING FIVE YEARS OF
SUCH CRIME.
THE GOOD FAITH COMMENCEMENT AND PURSUIT OF A LAWFUL EVICTION ACTION BY
AN OWNER AGAINST A RENT REGULATED TENANT IN A COURT OF COMPETENT JURIS-
DICTION SHALL NOT, BY ITSELF, CONSTITUTE A "SYSTEMATIC ONGOING COURSE OF
CONDUCT" IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION.
AGGRAVATED HARASSMENT OF A RENT REGULATED TENANT IS A CLASS D FELONY.
§ 3. Section 241.00 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
4. "RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE BUILT UPON AN IDEN-
TIFIABLE BOROUGH-BLOCK-LOT OR SECTION-BLOCK-LOT NUMBER THAT CONTAINS
MULTIPLE DWELLING UNITS, AT LEAST ONE OF WHICH IS SUBJECT TO THE REGU-
LATIONS AND CONTROL OF RESIDENTIAL RENTS AND EVICTIONS PURSUANT TO THE
EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY HOUSING RENT
CONTROL ACT, THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR, THE NEW YORK CITY RENT AND REHABILITATION LAW OR THE NEW YORK CITY
RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE. THE DEFINITION OF
"RESIDENTIAL BUILDING" AS USED IN THIS SUBDIVISION SHALL BE APPLICABLE
ONLY TO THE PROVISIONS OF THIS ARTICLE AND SHALL NOT BE APPLICABLE TO
ANY OTHER PROVISION OF LAW.
§ 4. This act shall take effect immediately.
PART Q
Section 1. The private housing finance law is amended by adding a new
article 28 to read as follows:
ARTICLE XXVIII
NEW YORK STATE FIRST HOME
SAVINGS PROGRAM
SECTION 1250. PROGRAM ESTABLISHED.
1251. PURPOSES.
1252. DEFINITIONS.
1253. FUNCTIONS OF THE COMPTROLLER.
1254. POWERS OF THE COMPTROLLER.
1255. PROGRAM REQUIREMENTS; FIRST HOME SAVINGS ACCOUNT.
1256. PROGRAM LIMITATIONS; FIRST HOME SAVINGS ACCOUNT.
S. 9006--B 71
§ 1250. PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED A FIRST HOME
SAVINGS PROGRAM AND SUCH PROGRAM SHALL BE KNOWN AND MAY BE CITED AS THE
"NEW YORK STATE FIRST HOME SAVINGS PROGRAM".
§ 1251. PURPOSES. THE PURPOSES OF THE PROGRAM SHALL BE TO AUTHORIZE
THE ESTABLISHMENT OF FIRST HOME SAVINGS ACCOUNTS AND TO PROVIDE GUIDE-
LINES FOR THE MAINTENANCE OF SUCH ACCOUNTS TO:
1. ENABLE RESIDENTS OF THIS STATE TO BENEFIT FROM THE TAX INCENTIVE
PROVIDED FOR QUALIFIED STATE FIRST HOME SAVINGS ACCOUNTS UNDER SECTION
SIX HUNDRED TWELVE OF THE TAX LAW; AND
2. INCENTIVIZE RESIDENTS TO SAVE FOR THE PURCHASE OF A FIRST HOME
WITHIN THE STATE.
§ 1252. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACCOUNT" OR "FIRST HOME SAVINGS ACCOUNT" SHALL MEAN AN INDIVIDUAL
SAVINGS ACCOUNT ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE FOR THE EXCLUSIVE BENEFIT OF THE ACCOUNT OWNER OR DESIGNATED
BENEFICIARY THAT IS THE FIRST TIME BUYER OF A HOME, TOWNHOME, CONDOMIN-
IUM OR UNIT IN A COOPERATIVE HOUSING CORPORATION.
2. "ACCOUNT OWNER" SHALL MEAN A TAXPAYER WHO ENTERS INTO A FIRST HOME
SAVINGS AGREEMENT PURSUANT TO THE PROVISIONS OF THIS ARTICLE, INCLUDING
A PERSON WHO ENTERS INTO SUCH AN AGREEMENT AS A FIDUCIARY OR AGENT ON
BEHALF OF A TRUST, ESTATE, PARTNERSHIP, ASSOCIATION, COMPANY OR CORPO-
RATION.
3. "DESIGNATED BENEFICIARY" SHALL MEAN, WITH RESPECT TO AN ACCOUNT OR
ACCOUNTS, THE DESIGNATED INDIVIDUAL OR INDIVIDUALS WHOSE FIRST HOME
PURCHASE EXPENSES ARE EXPECTED TO BE PAID FROM THE ACCOUNT OR ACCOUNTS.
4. "FINANCIAL ORGANIZATION" SHALL MEAN AN ORGANIZATION AUTHORIZED TO
DO BUSINESS IN THE STATE, AND (A) WHICH IS AN AUTHORIZED FIDUCIARY TO
ACT AS A TRUSTEE PURSUANT TO THE PROVISIONS OF AN ACT OF CONGRESS ENTI-
TLED "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974", AS SUCH
PROVISIONS MAY BE AMENDED FROM TIME TO TIME, OR AN INSURANCE COMPANY;
AND (B)(I) IS LICENSED OR CHARTERED BY THE DEPARTMENT OF FINANCIAL
SERVICES, (II) IS CHARTERED BY AN AGENCY OF THE FEDERAL GOVERNMENT,
(III) IS SUBJECT TO THE JURISDICTION AND REGULATION OF THE SECURITIES
AND EXCHANGE COMMISSION OF THE FEDERAL GOVERNMENT, (IV) IS ANY OTHER
ENTITY OTHERWISE AUTHORIZED TO ACT IN THIS STATE AS A TRUSTEE PURSUANT
TO THE PROVISIONS OF AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974", AS SUCH PROVISIONS MAY BE AMENDED FROM
TIME TO TIME, (V) OR ANY BANKING ORGANIZATION AS DEFINED IN SUBDIVISION
ELEVEN OF SECTION TWO OF THE BANKING LAW, NATIONAL BANKING ASSOCIATION,
STATE CHARTERED CREDIT UNION, FEDERAL MUTUAL SAVINGS BANK, FEDERAL
SAVINGS AND LOAN ASSOCIATION OR FEDERAL CREDIT UNION.
5. "FIRST TIME HOME BUYER" SHALL MEAN AN INDIVIDUAL OR INDIVIDUALS,
NEITHER OF WHOM HAS OR HAD AN OWNERSHIP INTEREST IN A PRINCIPAL RESI-
DENCE AT ANY TIME, INCLUDING RESIDENCES OWNED IN THE UNITED STATES OR
ABROAD. NO SUCH PERSON SHALL OWN ANY OTHER HOME INCLUDING VACATION OR
INVESTMENT RESIDENCES, INCLUDING RESIDENCES OWNED IN THE UNITED STATES
OR ABROAD, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION. IF EITHER
THE INDIVIDUAL OR INDIVIDUALS ARE NOT FIRST TIME HOME BUYERS, NEITHER
THE INDIVIDUAL OR INDIVIDUALS SHALL BE CONSIDERED A FIRST TIME HOME
BUYER. IF AN INDIVIDUAL'S ONLY POTENTIALLY DISQUALIFYING PRESENT OWNER-
SHIP INTEREST IS OWNERSHIP OF A MOBILE OR MANUFACTURED HOME, THE INDI-
VIDUAL SHALL BE CONSIDERED A FIRST TIME HOME BUYER AND SHALL BE ELIGIBLE
FOR A FIRST HOME ACCOUNT DEDUCTION. FOR THE PURPOSES OF THIS ARTICLE A
"MOBILE OR MANUFACTURED HOME" SHALL MEAN A STRUCTURE THAT IS VALUED AS
PERSONAL PROPERTY AND NOT REAL PROPERTY. IF, DUE TO THE OWNERSHIP OF A
S. 9006--B 72
MOBILE OR MANUFACTURED HOME, THE INDIVIDUAL HAS CLAIMED A REAL ESTATE
TAX OR HOME MORTGAGE DEDUCTION ON THEIR PERSONAL INCOME TAX RETURNS,
SUCH INDIVIDUAL SHALL NOT BE CONSIDERED A FIRST TIME HOME BUYER REGARD-
LESS OF WHETHER THE MOBILE OF MANUFACTURED HOME WAS CONSIDERED PERSONAL
OR REAL PROPERTY.
6. "OWNERSHIP INTEREST" SHALL MEAN A FEE SIMPLE INTEREST, A JOINT
TENANCY, A TENANCY IN COMMON, A TENANCY BY THE ENTIRETY, THE INTEREST OF
A TENANT-SHARE HOLDER IN A COOPERATIVE, A LIFE ESTATE OR A LAND
CONTRACT. INTERESTS WHICH DO NOT CONSTITUTE OWNERSHIP INTERESTS INCLUDE
THE FOLLOWING: (A) REMAINDER INTERESTS, (B) A LEASE WITH OR WITHOUT AN
OPTION TO PURCHASE, (C) A MERE EXPECTANCY TO INHERIT AN INTEREST IN A
RESIDENCE, (D) THE INTEREST THAT A PURCHASER OF A RESIDENCE ACQUIRES ON
THE EXECUTION OF A PURCHASE CONTRACT AND (E) AN INTEREST IN REAL ESTATE
OTHER THAN A RESIDENCE.
7. "PROGRAM" SHALL MEAN THE NEW YORK FIRST HOME SAVINGS PROGRAM ESTAB-
LISHED PURSUANT TO THIS ARTICLE.
8. "QUALIFIED FIRST HOME PURCHASE EXPENSES" SHALL MEAN MONIES APPLIED
FOR THE PURCHASE OR CONSTRUCTION OF A HOUSE, TOWNHOUSE, CONDOMINIUM OR
UNIT IN A COOPERATIVE HOUSING CORPORATION WITHIN THE STATE TO BE USED AS
A PRIMARY RESIDENCE OF THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY FOR A
PERIOD OF NOT LESS THAN TWO YEARS AFTER PURCHASE.
9. "QUALIFIED RESIDENTIAL HOUSING" SHALL MEAN A HOUSE, TOWNHOUSE,
CONDOMINIUM OR UNIT IN A COOPERATIVE HOUSING CORPORATION WITHIN THE
STATE.
10. "QUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT TO
PAY THE QUALIFIED FIRST HOME PURCHASE EXPENSE OF THE ACCOUNT OWNER OR
DESIGNATED BENEFICIARY OF THE ACCOUNT.
11. "NONQUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT
BUT SHALL NOT INCLUDE:
(A) A QUALIFIED WITHDRAWAL;
(B) A WITHDRAWAL MADE AS THE RESULT OF DEATH;
(C) AN UNFORESEEABLE EMERGENCY; OR
(D) NEED BASED UPON QUALIFYING FOR MILITARY SERVICE IN THE ARMED FORC-
ES OF THE UNITED STATES AS DETERMINED BY RULES AND REGULATIONS PROMUL-
GATED BY THE COMPTROLLER.
12. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
13. "MANAGEMENT CONTRACT" SHALL MEAN THE CONTRACT EXECUTED BY THE
COMPTROLLER AND A FINANCIAL ORGANIZATION SELECTED TO ACT AS A DEPOSITORY
AND MANAGER OF THE PROGRAM.
14. "FIRST HOME SAVINGS AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN THE
COMPTROLLER OR A FINANCIAL ORGANIZATION AND THE ACCOUNT OWNER.
15. "PROGRAM MANAGER" SHALL MEAN A FINANCIAL ORGANIZATION SELECTED BY
THE COMPTROLLER TO ACT AS A DEPOSITORY AND MANAGER OF THE PROGRAM.
16. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TAXATION AND
FINANCE.
§ 1253. FUNCTIONS OF THE COMPTROLLER. 1. THE COMPTROLLER SHALL IMPLE-
MENT THE PROGRAM UNDER THE TERMS AND CONDITIONS ESTABLISHED BY THIS
ARTICLE AND A MEMORANDUM OF UNDERSTANDING WITH THE COMMISSIONER RELATING
TO ANY TERMS OR CONDITIONS NOT OTHERWISE EXPRESSLY PROVIDED FOR IN THIS
ARTICLE.
2. IN FURTHERANCE OF SUCH IMPLEMENTATION THE COMPTROLLER SHALL:
(A) DEVELOP AND IMPLEMENT THE PROGRAM IN A MANNER CONSISTENT WITH THE
PROVISIONS OF THIS ARTICLE THROUGH RULES AND REGULATIONS ESTABLISHED IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT;
(B) ENGAGE THE SERVICES OF CONSULTANTS ON A CONTRACT BASIS FOR RENDER-
ING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
S. 9006--B 73
(C) SEEK RULINGS AND OTHER GUIDANCE FROM THE UNITED STATES DEPARTMENT
OF TREASURY AND THE INTERNAL REVENUE SERVICE RELATING TO THE PROGRAM;
(D) MAKE CHANGES TO THE PROGRAM REQUIRED FOR THE PARTICIPANTS IN THE
PROGRAM TO OBTAIN THE STATE INCOME TAX BENEFITS OR TREATMENT PROVIDED BY
THIS ARTICLE;
(E) CHARGE, IMPOSE AND COLLECT ADMINISTRATIVE FEES AND SERVICE CHARGES
IN CONNECTION WITH ANY AGREEMENT, CONTRACT OR TRANSACTION RELATING TO
THE PROGRAM;
(F) DEVELOP MARKETING PLANS AND PROMOTION MATERIALS;
(G) ESTABLISH THE METHODS BY WHICH THE FUNDS HELD IN SUCH ACCOUNTS BE
DISBURSED;
(H) ESTABLISH THE METHOD BY WHICH FUNDS SHALL BE ALLOCATED TO PAY FOR
ADMINISTRATIVE COSTS; AND
(I) DO ALL THINGS NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF
THIS ARTICLE.
§ 1254. POWERS OF THE COMPTROLLER. 1. THE COMPTROLLER MAY IMPLEMENT
THE PROGRAM THROUGH USE OF FINANCIAL ORGANIZATIONS AS ACCOUNT DEPOSITO-
RIES AND MANAGERS. UNDER THE PROGRAM, AN ACCOUNT OWNER MAY ESTABLISH
ACCOUNTS DIRECTLY WITH AN ACCOUNT DEPOSITORY.
2. THE COMPTROLLER MAY SOLICIT PROPOSALS FROM FINANCIAL ORGANIZATIONS
TO ACT AS DEPOSITORIES AND MANAGERS OF THE PROGRAM. FINANCIAL ORGANIZA-
TIONS SUBMITTING PROPOSALS SHALL DESCRIBE THE INVESTMENT INSTRUMENT
WHICH WILL BE HELD IN ACCOUNTS. THE COMPTROLLER SHALL SELECT AS PROGRAM
DEPOSITORIES AND MANAGERS THE FINANCIAL ORGANIZATION, FROM AMONG THE
BIDDING FINANCIAL ORGANIZATIONS THAT DEMONSTRATES THE MOST ADVANTAGEOUS
COMBINATION, BOTH TO POTENTIAL PROGRAM PARTICIPANTS AND THIS STATE, OF
THE FOLLOWING FACTORS:
(A) FINANCIAL STABILITY AND INTEGRITY OF THE FINANCIAL ORGANIZATION;
(B) THE SAFETY OF THE INVESTMENT INSTRUMENT BEING OFFERED;
(C) THE ABILITY OF THE INVESTMENT INSTRUMENT TO TRACK INCREASING COSTS
OF RESIDENTIAL HOUSING;
(D) THE ABILITY OF THE FINANCIAL ORGANIZATION TO SATISFY RECORDKEEPING
AND REPORTING REQUIREMENTS;
(E) THE FINANCIAL ORGANIZATION'S PLAN FOR PROMOTING THE PROGRAM AND
THE INVESTMENT IT IS WILLING TO MAKE TO PROMOTE THE PROGRAM;
(F) THE FEES, IF ANY, PROPOSED TO BE CHARGED TO PERSONS FOR OPENING
ACCOUNTS;
(G) THE MINIMUM INITIAL DEPOSIT AND MINIMUM CONTRIBUTIONS THAT THE
FINANCIAL ORGANIZATION WILL REQUIRE;
(H) THE ABILITY OF BANKING ORGANIZATIONS TO ACCEPT ELECTRONIC WITH-
DRAWALS, INCLUDING PAYROLL DEDUCTION PLANS; AND
(I) OTHER BENEFITS TO THE STATE OR ITS RESIDENTS INCLUDED IN THE
PROPOSAL, INCLUDING FEES PAYABLE TO THE STATE TO COVER EXPENSES OF OPER-
ATION OF THE PROGRAM.
3. THE COMPTROLLER MAY ENTER INTO A CONTRACT WITH A FINANCIAL ORGAN-
IZATION. SUCH FINANCIAL ORGANIZATION MANAGEMENT MAY PROVIDE ONE OR MORE
TYPES OF INVESTMENT INSTRUMENT.
4. THE COMPTROLLER MAY SELECT MORE THAN ONE FINANCIAL ORGANIZATION FOR
THE PROGRAM.
5. A MANAGEMENT CONTRACT SHALL INCLUDE, AT A MINIMUM, TERMS REQUIRING
THE FINANCIAL ORGANIZATION TO:
(A) TAKE ANY ACTION REQUIRED TO KEEP THE PROGRAM IN COMPLIANCE WITH
REQUIREMENTS OF SECTION TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE AND
ANY ACTIONS NOT CONTRARY TO ITS CONTRACT TO MANAGE THE PROGRAM TO QUALI-
FY AS A "FIRST HOME SAVINGS ACCOUNT" UNDER PARAGRAPH FORTY-EIGHT OF
SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW;
S. 9006--B 74
(B) KEEP ADEQUATE RECORDS OF EACH ACCOUNT, KEEP EACH ACCOUNT SEGRE-
GATED FROM EACH OTHER ACCOUNT, AND PROVIDE THE COMPTROLLER WITH THE
INFORMATION NECESSARY TO PREPARE THE STATEMENTS REQUIRED BY SECTION
TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE;
(C) COMPILE AND TOTAL INFORMATION CONTAINED IN STATEMENTS REQUIRED TO
BE PREPARED UNDER SECTION TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE AND
PROVIDE SUCH COMPILATIONS TO THE COMPTROLLER;
(D) IF THERE IS MORE THAN ONE PROGRAM MANAGER, PROVIDE THE COMPTROLLER
WITH SUCH INFORMATION NECESSARY TO DETERMINE COMPLIANCE WITH SECTION
TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE;
(E) PROVIDE THE COMPTROLLER OR SUCH COMPTROLLER'S DESIGNEE ACCESS TO
THE BOOKS AND RECORDS OF THE PROGRAM MANAGER TO THE EXTENT NEEDED TO
DETERMINE COMPLIANCE WITH THE CONTRACT;
(F) HOLD ALL ACCOUNTS FOR THE BENEFIT OF THE ACCOUNT OWNER;
(G) BE AUDITED AT LEAST ANNUALLY BY A FIRM OF CERTIFIED PUBLIC
ACCOUNTANTS SELECTED BY THE PROGRAM MANAGER AND THAT THE RESULTS OF SUCH
AUDIT BE PROVIDED TO THE COMPTROLLER;
(H) PROVIDE THE COMPTROLLER WITH COPIES OF ALL REGULATORY FILINGS AND
REPORTS MADE BY IT DURING THE TERM OF THE MANAGEMENT CONTRACT OR WHILE
IT IS HOLDING ANY ACCOUNTS, OTHER THAN CONFIDENTIAL FILINGS OR REPORTS
THAT WILL NOT BECOME PART OF THE PROGRAM. THE PROGRAM MANAGER SHALL MAKE
AVAILABLE FOR REVIEW BY THE COMPTROLLER THE RESULTS OF ANY PERIODIC
EXAMINATION OF SUCH MANAGER BY ANY STATE OR FEDERAL BANKING, INSURANCE
OR SECURITIES COMMISSION, EXCEPT TO THE EXTENT THAT SUCH REPORT OR
REPORTS MAY NOT BE DISCLOSED UNDER APPLICABLE LAW OR THE RULES OF SUCH
COMMISSION; AND
(I) ENSURE THAT ANY DESCRIPTION OF THE PROGRAM, WHETHER IN WRITING OR
THROUGH THE USE OF ANY MEDIA, IS CONSISTENT WITH THE MARKETING PLAN AS
DEVELOPED PURSUANT TO THE PROVISIONS OF SECTION TWELVE HUNDRED FIFTY-
THREE OF THIS ARTICLE.
6. THE COMPTROLLER MAY PROVIDE THAT AN AUDIT SHALL BE CONDUCTED OF THE
OPERATIONS AND FINANCIAL POSITION OF THE PROGRAM DEPOSITORY AND MANAGER
AT ANY TIME IF THE COMPTROLLER HAS ANY REASON TO BE CONCERNED ABOUT THE
FINANCIAL POSITION, THE RECORDKEEPING PRACTICES, OR THE STATUS OF
ACCOUNTS OF SUCH PROGRAM DEPOSITORY AND MANAGER.
7. DURING THE TERM OF ANY CONTRACT WITH A PROGRAM MANAGER, THE COMP-
TROLLER SHALL CONDUCT AN EXAMINATION OF SUCH MANAGER AND ITS HANDLING OF
ACCOUNTS. SUCH EXAMINATION SHALL BE CONDUCTED AT LEAST BIENNIALLY IF
SUCH MANAGER IS NOT OTHERWISE SUBJECT TO PERIODIC EXAMINATION BY THE
SUPERINTENDENT OF FINANCIAL SERVICES, THE FEDERAL DEPOSIT INSURANCE
CORPORATION OR OTHER SIMILAR ENTITY.
8. (A) IF SELECTION OF A FINANCIAL ORGANIZATION AS A PROGRAM MANAGER
OR DEPOSITORY IS NOT RENEWED, AFTER THE END OF ITS TERM:
(I) ACCOUNTS PREVIOUSLY ESTABLISHED AND HELD IN INVESTMENT INSTRUMENTS
AT SUCH FINANCIAL ORGANIZATION MAY BE TERMINATED;
(II) ADDITIONAL CONTRIBUTIONS MAY BE MADE TO SUCH ACCOUNTS;
(III) NO NEW ACCOUNTS MAY BE PLACED WITH SUCH FINANCIAL ORGANIZATION;
AND
(IV) EXISTING ACCOUNTS HELD BY SUCH DEPOSITORY SHALL REMAIN SUBJECT TO
ALL OVERSIGHT AND REPORTING REQUIREMENTS ESTABLISHED BY THE COMPTROLLER.
(B) IF THE COMPTROLLER TERMINATES A FINANCIAL ORGANIZATION AS A
PROGRAM MANAGER OR DEPOSITORY, SUCH COMPTROLLER SHALL TAKE CUSTODY OF
ACCOUNTS HELD BY SUCH FINANCIAL ORGANIZATION AND SHALL SEEK TO PROMPTLY
TRANSFER SUCH ACCOUNTS TO ANOTHER FINANCIAL ORGANIZATION THAT IS
SELECTED AS A PROGRAM MANAGER OR DEPOSITORY AND INTO INVESTMENT INSTRU-
MENTS AS SIMILAR TO THE ORIGINAL INSTRUMENTS AS POSSIBLE.
S. 9006--B 75
9. THE COMPTROLLER MAY ENTER INTO SUCH CONTRACTS AS IT DEEMS NECESSARY
AND PROPER FOR THE IMPLEMENTATION OF THE PROGRAM.
§ 1255. PROGRAM REQUIREMENTS; FIRST HOME SAVINGS ACCOUNT. 1. FIRST
HOME SAVINGS ACCOUNTS ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE SHALL BE GOVERNED BY THE PROVISIONS OF THIS SECTION.
2. A FIRST HOME SAVINGS ACCOUNT MAY BE OPENED BY ANY PERSON WHO
DESIRES TO SAVE MONEY FOR THE PAYMENT OF THE QUALIFIED FIRST HOME
PURCHASE EXPENSES OF THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY. AN
ACCOUNT OWNER MAY DESIGNATE ANOTHER PERSON AS SUCCESSOR OWNER OF THE
ACCOUNT IN THE EVENT OF THE DEATH OF THE ORIGINAL ACCOUNT OWNER. SUCH
PERSON WHO OPENS AN ACCOUNT OR ANY SUCCESSOR OWNER SHALL BE CONSIDERED
THE ACCOUNT OWNER.
(A) AN APPLICATION FOR SUCH ACCOUNT SHALL BE IN THE FORM PRESCRIBED BY
THE PROGRAM AND CONTAIN THE FOLLOWING:
(I) THE NAME, ADDRESS AND SOCIAL SECURITY NUMBER OR EMPLOYER IDENTIFI-
CATION NUMBER OF THE ACCOUNT OWNER;
(II) THE DESIGNATION OF A DESIGNATED BENEFICIARY;
(III) THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF THE DESIGNATED
BENEFICIARY; AND
(IV) SUCH OTHER INFORMATION AS THE PROGRAM MAY REQUIRE.
(B) THE COMPTROLLER AND THE CORPORATION MAY ESTABLISH A NOMINAL FEE
FOR SUCH APPLICATION.
3. ANY PERSON, INCLUDING THE ACCOUNT OWNER, MAY MAKE CONTRIBUTIONS TO
THE ACCOUNT AFTER THE ACCOUNT IS OPENED.
4. CONTRIBUTIONS TO ACCOUNTS MAY BE MADE ONLY IN CASH.
5. AN ACCOUNT OWNER MAY WITHDRAW ALL OR PART OF THE BALANCE FROM AN
ACCOUNT AS AUTHORIZED UNDER RULES GOVERNING THE PROGRAM. SUCH RULES
SHALL INCLUDE PROVISIONS THAT WILL GENERALLY ENABLE THE DETERMINATION AS
TO WHETHER A WITHDRAWAL IS A NONQUALIFIED WITHDRAWAL OR A QUALIFIED
WITHDRAWAL.
6. (A) AN ACCOUNT OWNER MAY CHANGE THE DESIGNATED BENEFICIARY OF AN
ACCOUNT IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE MEMORANDUM OF
UNDERSTANDING PURSUANT TO THE PROVISIONS OF SECTION TWELVE HUNDRED
FIFTY-THREE OF THIS ARTICLE.
(B) AN ACCOUNT OWNER MAY TRANSFER ALL OR A PORTION OF AN ACCOUNT TO
ANOTHER FIRST HOME SAVINGS ACCOUNT.
(C) CHANGES IN DESIGNATED BENEFICIARIES AND TRANSFERS UNDER THIS
SUBDIVISION SHALL NOT BE PERMITTED TO THE EXTENT THAT THEY WOULD CAUSE
ALL ACCOUNTS FOR THE SAME BENEFICIARY TO EXCEED THE PERMITTED AGGREGATE
MAXIMUM ACCOUNT BALANCE.
7. THE PROGRAM SHALL PROVIDE SEPARATE ACCOUNTING FOR EACH DESIGNATED
BENEFICIARY.
8. NO ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF ANY ACCOUNT SHALL BE
PERMITTED TO DIRECT THE INVESTMENT OF ANY CONTRIBUTIONS TO AN ACCOUNT OR
THE EARNINGS THEREON MORE THAN TWO TIMES IN ANY CALENDAR YEAR.
9. NEITHER AN ACCOUNT OWNER NOR A DESIGNATED BENEFICIARY MAY USE AN
INTEREST IN AN ACCOUNT AS SECURITY FOR A LOAN. ANY PLEDGE OF AN INTEREST
IN AN ACCOUNT SHALL BE OF NO FORCE AND EFFECT.
10. THE COMPTROLLER SHALL PROMULGATE RULES OR REGULATIONS TO PREVENT
CONTRIBUTIONS ON BEHALF OF A DESIGNATED BENEFICIARY IN EXCESS OF AN
AMOUNT THAT WOULD CAUSE THE AGGREGATE ACCOUNT BALANCE FOR ALL ACCOUNTS
FOR A DESIGNATED BENEFICIARY TO EXCEED A MAXIMUM ACCOUNT BALANCE, AS
ESTABLISHED FROM TIME TO TIME BY THE COMPTROLLER.
11. CONTRIBUTIONS TO A FIRST HOME SAVINGS ACCOUNT SHALL BE LIMITED TO
ONE HUNDRED THOUSAND DOLLARS PER ACCOUNT. THIS AMOUNT SHALL NOT TAKE
S. 9006--B 76
INTO CONSIDERATION ANY GAIN OR LOSS TO THE PRINCIPAL INVESTMENT INTO THE
ACCOUNT.
12. IN THE EVENT THAT AN INDIVIDUAL MAKES A NONQUALIFIED WITHDRAWAL OF
MONIES FROM THE FIRST HOME SAVINGS ACCOUNT SUCH INDIVIDUAL SHALL HAVE
THE ENTIRE ACCOUNT TAXED, INCLUDING ANY INTEREST, AS THOUGH IT WAS
INCOME AT THE ACCOUNT OWNER'S FEDERAL TAX RATE IN THE TAX YEARS THE
MONIES WERE WITHDRAWN, AND INCUR AN ADDITIONAL TEN PERCENT STATE PENALTY
ON THE AMOUNT OF EARNINGS. IN THE EVENT ACCOUNT OWNERS OR DESIGNATED
BENEFICIARY DOES NOT USE THE QUALIFIED RESIDENTIAL HOUSING AS A PRIMARY
RESIDENCE FOR A PERIOD OF NOT LESS THAN TWO YEARS AFTER THE PURCHASE OF
SUCH HOUSING, THE ACCOUNT OWNER SHALL HAVE THE ENTIRE ACCOUNT TAXED,
INCLUDING ANY INTEREST, AS THOUGH IT WAS ORDINARY INCOME AT THE ACCOUNT
OWNER'S FEDERAL TAX RATE IN THE TAX YEARS THE MONIES WERE WITHDRAWN AND
INCUR AN ADDITIONAL TEN PERCENT STATE PENALTY ON THE AMOUNT OF EARNINGS.
FOR PURPOSES OF THIS ARTICLE, THE TWO YEAR PERIOD SHALL BEGIN AT THE
TIME TITLE IS TRANSFERRED TO THE FIRST TIME HOME BUYER. THE PENALTY
SHALL BE IN ADDITION TO ANY TAXES DUE PURSUANT TO A NON-QUALIFIED WITH-
DRAWAL FROM A FIRST HOME SAVINGS ACCOUNT.
13. WITHDRAWALS FROM THE ACCOUNT DURING A PERIOD OF LESS THAN TWELVE
MONTHS FROM THE DATE SUCH ACCOUNT WAS CREATED SHALL BE CONSIDERED A
NONQUALIFIED WITHDRAWAL.
14. PENALTIES MAY BE WAIVED BY THE COMMISSIONER IF THE INDIVIDUAL CAN
SHOW PROOF THAT THE REASON THE INDIVIDUAL DID NOT USE THE QUALIFIED
RESIDENTIAL HOUSING AS A PRIMARY RESIDENCE FOR A PERIOD OF TWO YEARS OR
MORE AFTER THE PURCHASE OR CONSTRUCTION WAS DUE TO EITHER:
(A) AN EMPLOYMENT RELOCATION OUTSIDE THE STATE AND SUCH RELOCATION
REQUIRED THE INDIVIDUAL TO BECOME A RESIDENT OF ANOTHER STATE;
(B) AN UNFORESEEABLE EMERGENCY;
(C) AN ABSENCE DUE TO QUALIFYING MILITARY SERVICE; OR
(D) DEATH.
FOR PURPOSES OF THIS SUBDIVISION, AN "UNFORESEEABLE EMERGENCY" SHALL
MEAN A SEVERE FINANCIAL HARDSHIP RESULTING FROM ILLNESS, ACCIDENT OR
PROPERTY LOSS TO THE ACCOUNT OWNER, OR SUCH ACCOUNT OWNER'S DEPENDENTS
RESULTING IN CIRCUMSTANCES BEYOND THEIR CONTROL. THE CIRCUMSTANCES THAT
CONSTITUTE AN UNFORESEEABLE FINANCIAL EMERGENCY WILL DEPEND ON THE FACTS
OF EACH CASE, HOWEVER, WITHDRAWAL OF ACCOUNT FUNDS MAY NOT BE MADE,
WITHOUT PENALTY, TO THE EXTENT THAT SUCH HARDSHIP IS OR MAY BE RELIEVED
BY EITHER:
(I) REIMBURSEMENT OR COMPENSATION BY INSURANCE OR OTHERWISE; OR
(II) LIQUIDATION OF THE INDIVIDUAL'S ASSETS TO THE EXTENT THE LIQUI-
DATION OF SUCH ASSETS WOULD NOT ITSELF CAUSE SEVERE FINANCIAL HARDSHIP.
15. THE COMMISSIONER AND THE COMPTROLLER ARE DIRECTED TO PROMULGATE
ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SUBDIVISION AND ARE HEREBY DIRECTED TO ESTABLISH, SUPERVISE AND REGULATE
FIRST HOME SAVINGS ACCOUNTS AUTHORIZED TO BE CREATED BY THIS SECTION.
16. (A) IF THERE IS ANY DISTRIBUTION FROM A FIRST HOME SAVINGS ACCOUNT
TO ANY INDIVIDUAL OR FOR THE BENEFIT OF ANY INDIVIDUAL DURING A CALENDAR
YEAR, SUCH DISTRIBUTION SHALL BE REPORTED TO THE INTERNAL REVENUE
SERVICE AND THE ACCOUNT OWNER, THE DESIGNATED BENEFICIARY, OR THE
DISTRIBUTEE TO THE EXTENT REQUIRED BY FEDERAL LAW OR REGULATION.
(B) STATEMENTS SHALL BE PROVIDED TO EACH ACCOUNT OWNER AT LEAST ONCE
EACH YEAR WITHIN SIXTY DAYS AFTER THE END OF THE TWELVE MONTH PERIOD TO
WHICH THEY RELATE. THE STATEMENT SHALL IDENTIFY THE CONTRIBUTIONS MADE
DURING A PRECEDING TWELVE MONTH PERIOD, THE TOTAL CONTRIBUTIONS MADE TO
THE ACCOUNT THROUGH THE END OF THE PERIOD, THE VALUE OF THE ACCOUNT AT
THE END OF SUCH PERIOD, DISTRIBUTIONS MADE DURING SUCH PERIOD AND ANY
S. 9006--B 77
OTHER INFORMATION THAT THE COMPTROLLER SHALL REQUIRE TO BE REPORTED TO
THE ACCOUNT OWNER.
(C) STATEMENTS AND INFORMATION RELATING TO ACCOUNTS SHALL BE PREPARED
AND FILED TO THE EXTENT REQUIRED BY FEDERAL AND STATE TAX LAWS.
17. AN ANNUAL FEE MAY BE IMPOSED UPON THE ACCOUNT OWNER FOR THE MAIN-
TENANCE OF THE ACCOUNT.
18. THE PROGRAM SHALL DISCLOSE THE FOLLOWING INFORMATION IN WRITING TO
EACH ACCOUNT OWNER OF A FIRST HOME SAVINGS ACCOUNT:
(A) THE TERMS AND CONDITIONS FOR ESTABLISHING A FIRST HOME SAVINGS
ACCOUNT;
(B) ANY RESTRICTIONS ON THE SUBSTITUTION OF BENEFICIARIES;
(C) THE PERSON OR ENTITY ENTITLED TO TERMINATE THE FIRST HOME SAVINGS
AGREEMENT;
(D) THE PERIOD OF TIME DURING WHICH A BENEFICIARY MAY RECEIVE BENEFITS
UNDER THE FIRST HOME SAVINGS AGREEMENT;
(E) THE TERMS AND CONDITIONS UNDER WHICH MONEY MAY BE WHOLLY OR
PARTIALLY WITHDRAWN FROM THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY
REASONABLE CHARGES AND FEES THAT MAY BE IMPOSED FOR WITHDRAWAL;
(F) THE PROBABLE TAX CONSEQUENCES ASSOCIATED WITH CONTRIBUTIONS TO AND
DISTRIBUTIONS FROM ACCOUNTS; AND
(G) ALL OTHER RIGHTS AND OBLIGATIONS PURSUANT TO FIRST HOME SAVINGS
AGREEMENTS, AND ANY OTHER TERMS, CONDITIONS, AND PROVISIONS DEEMED
NECESSARY AND APPROPRIATE BY THE TERMS OF THE MEMORANDUM OF UNDERSTAND-
ING ENTERED INTO PURSUANT TO SECTION TWELVE HUNDRED FIFTY-THREE OF THIS
ARTICLE.
19. FIRST HOME SAVINGS AGREEMENTS SHALL BE SUBJECT TO SECTION FOUR-
TEEN-C OF THE BANKING LAW AND THE "TRUTH-IN-SAVINGS" REGULATIONS PROMUL-
GATED THEREUNDER.
20. NOTHING IN THIS ARTICLE OR IN ANY FIRST HOME SAVINGS AGREEMENT
ENTERED INTO PURSUANT TO THIS ARTICLE SHALL BE CONSTRUED AS A GUARANTEE
BY THE STATE THAT THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY WILL QUAL-
IFY FOR THE PURCHASE OF A HOME.
21. TO ESTABLISH THAT AN ACCOUNT OWNER OR DESIGNATED BENEFICIARY IS A
FIRST TIME HOME BUYER, THE INDIVIDUAL SHALL COMPLETE A FORM PROMULGATED
BY THE COMPTROLLER CERTIFYING, UNDER THE PENALTIES OF PERJURY, THAT SUCH
INDIVIDUAL IS A FIRST TIME HOME BUYER.
22. AN INDIVIDUAL MUST NOT INTEND TO USE ANY PORTION OF THE REAL PROP-
ERTY PURCHASED USING THE FIRST HOME SAVINGS ACCOUNT FUNDS IN A TRADE OR
BUSINESS, OR AS A VACATION HOME OR AS AN INVESTMENT, EXCEPT AS AN OWNER
OCCUPIED MULTIPLE DWELLING WITH NO MORE THAN TWO RENTAL UNITS.
23. MONIES WITHDRAWN FROM FIRST HOME SAVINGS ACCOUNTS AND ANY INTEREST
WHICH HAS ACCRUED SHALL NOT BE CONSIDERED AS TAXABLE INCOME TO THE
ACCOUNT OWNER FOR STATE PERSONAL INCOME TAXATION PURPOSES, SO LONG AS
THE MONIES ARE APPLIED FOR THE PURCHASE OR CONSTRUCTION OF A QUALIFIED
FIRST HOME PURCHASE BY THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF
THE ACCOUNT.
§ 1256. PROGRAM LIMITATIONS; FIRST HOME SAVINGS ACCOUNT. 1. NOTHING IN
THIS ARTICLE SHALL BE CONSTRUED TO:
(A) GIVE ANY DESIGNATED BENEFICIARY ANY RIGHTS OR LEGAL INTEREST WITH
RESPECT TO AN ACCOUNT UNLESS THE DESIGNATED BENEFICIARY IS THE ACCOUNT
OWNER;
(B) GUARANTEE THAT THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY WILL BE
FINANCIALLY QUALIFIED TO PURCHASE A HOME;
(C) CREATE STATE RESIDENCY FOR AN INDIVIDUAL MERELY BECAUSE THE INDI-
VIDUAL IS A DESIGNATED BENEFICIARY; OR
S. 9006--B 78
(D) GUARANTEE THAT AMOUNTS SAVED PURSUANT TO THE PROGRAM WILL BE
SUFFICIENT TO COVER THE DOWN PAYMENT OR CLOSING COSTS PURSUANT TO THE
PURCHASE OF A QUALIFIED FIRST HOME.
2. (A) NOTHING IN THIS ARTICLE SHALL CREATE OR BE CONSTRUED TO CREATE
ANY OBLIGATION OF THE COMPTROLLER, THE STATE, OR ANY AGENCY OR INSTRU-
MENTALITY OF THE STATE TO GUARANTEE FOR THE BENEFIT OF THE ACCOUNT OWNER
OR DESIGNATED BENEFICIARY WITH RESPECT TO:
(I) THE RATE OF INTEREST OR OTHER RETURN ON ANY ACCOUNT; AND
(II) THE PAYMENT OF INTEREST OR OTHER RETURN ON ANY ACCOUNT.
(B) THE COMPTROLLER BY RULE OR REGULATION SHALL PROVIDE THAT EVERY
CONTRACT, APPLICATION, DEPOSIT SLIP OR OTHER SIMILAR DOCUMENT THAT MAY
BE USED IN CONNECTION WITH A CONTRIBUTION TO AN ACCOUNT CLEARLY INDICATE
THAT THE ACCOUNT IS NOT INSURED BY THE STATE AND NEITHER THE PRINCIPAL
DEPOSITED NOR THE INVESTMENT RETURN IS GUARANTEED BY THE STATE.
§ 2. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 44 to read as follows:
(44) (A) EXCESS DISTRIBUTIONS RECEIVED DURING THE TAXABLE YEAR BY A
DISTRIBUTEE OF A FIRST HOME SAVINGS ACCOUNT ESTABLISHED UNDER THE NEW
YORK STATE FIRST HOME SAVINGS PROGRAM PROVIDED FOR UNDER ARTICLE TWEN-
TY-EIGHT OF THE PRIVATE HOUSING FINANCE LAW, TO THE EXTENT SUCH EXCESS
DISTRIBUTIONS ARE DEEMED ATTRIBUTABLE TO THE DEDUCTIBLE CONTRIBUTIONS
UNDER PARAGRAPH FORTY-EIGHT OF SUBSECTION (C) OF THIS SECTION.
(B) (I) THE TERM "EXCESS DISTRIBUTIONS" MEANS DISTRIBUTIONS WHICH ARE
NOT:
(I) QUALIFIED WITHDRAWALS WITHIN THE MEANING OF SUBDIVISION TEN OF
SECTION TWELVE HUNDRED FIFTY-TWO OF THE PRIVATE HOUSING FINANCE LAW;
(II) WITHDRAWALS MADE AS A RESULT OF THE DEATH OR DISABILITY OF THE
DESIGNATED BENEFICIARY WITHIN THE MEANING OF SUBDIVISION ELEVEN OF
SECTION TWELVE HUNDRED FIFTY-TWO OF SUCH LAW; OR
(III) TRANSFERS DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION SIX OF
SECTION TWELVE HUNDRED FIFTY-FIVE OF SUCH LAW.
(II) EXCESS DISTRIBUTIONS SHALL BE DEEMED ATTRIBUTABLE TO DEDUCTIBLE
CONTRIBUTIONS TO THE EXTENT THE AMOUNT OF ANY SUCH EXCESS DISTRIBUTION,
WHEN ADDED TO ALL PREVIOUS EXCESS DISTRIBUTIONS FROM THE ACCOUNT,
EXCEEDS THE AGGREGATE OF ALL NONDEDUCTIBLE CONTRIBUTIONS TO THE ACCOUNT.
§ 3. Subsection (c) of section 612 of the tax law is amended by adding
two new paragraphs 48 and 49 to read as follows:
(48) CONTRIBUTIONS MADE DURING THE TAXABLE YEAR BY AN ACCOUNT OWNER TO
A FIRST HOME SAVINGS ACCOUNT ESTABLISHED UNDER THE NEW YORK STATE FIRST
HOME SAVINGS PROGRAM PROVIDED FOR UNDER ARTICLE TWENTY-EIGHT OF THE
PRIVATE HOUSING FINANCE LAW, TO THE EXTENT NOT DEDUCTIBLE OR ELIGIBLE
FOR CREDIT FOR FEDERAL INCOME TAX PURPOSES, PROVIDED, HOWEVER, THE
EXCLUSION PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXCEED FIVE THOUSAND
DOLLARS FOR AN INDIVIDUAL OR HEAD OF HOUSEHOLD, AND FOR MARRIED COUPLES
WHO FILE JOINT TAX RETURNS, SHALL NOT EXCEED TEN THOUSAND DOLLARS;
PROVIDED, FURTHER THAT SUCH EXCLUSION SHALL BE AVAILABLE ONLY TO THE
ACCOUNT OWNER AND NOT TO ANY OTHER PERSON. A TAXPAYER WITH AN ADJUSTED
GROSS INCOME IN EXCESS OF TWO HUNDRED FIFTY PERCENT OF THE AREA MEDIAN
INCOME AS DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT SHALL NOT BE ELIGIBLE FOR THE TAX DEDUCTION PURSUANT TO THIS
SECTION.
(49) DISTRIBUTIONS FROM A FIRST HOME SAVINGS ACCOUNT ESTABLISHED UNDER
THE NEW YORK STATE FIRST HOME SAVINGS PROGRAM PROVIDED FOR UNDER ARTICLE
TWENTY-EIGHT OF THE PRIVATE HOUSING FINANCE LAW, TO THE EXTENT INCLUDI-
BLE IN GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES.
S. 9006--B 79
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to taxable years commencing
on or after the first of January next succeeding the date on which it
shall have become a law; provided, however, that effective immediately,
the commissioner of taxation and finance and the comptroller are author-
ized to promulgate any rules or regulations necessary to implement the
provisions of this act on its effective date on or before such date.
PART R
Section 1. The private housing finance law is amended by adding a new
article 29-A to read as follows:
ARTICLE XXIX-A
AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
SECTION 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM.
§ 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM. 1.
ESTABLISHMENT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, SHALL DEVELOP AN AFFORDABLE INDEPENDENT SENIOR HOUSING ASSIST-
ANCE PROGRAM, WHICH SHALL PROVIDE GRANTS WITHIN AMOUNTS APPROPRIATED OR
OTHERWISE AVAILABLE THEREFOR TO AFFORDABLE INDEPENDENT SENIOR HOUSING
PROPERTIES TO ESTABLISH AND OPERATE RESIDENT ASSISTANCE PROGRAMS. THE
GRANTS SHALL BE DISTRIBUTED BY THE COMMISSIONER OF HEALTH.
2. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS: (A) "AFFORDABLE INDEPENDENT SENIOR
HOUSING PROPERTY" SHALL MEAN APARTMENT BUILDINGS OR APARTMENT COMPLEXES
OCCUPIED BY INDIVIDUALS OVER SIXTY YEARS OF AGE, WHO LIVE INDEPENDENTLY
AND AT LEAST EIGHTY PERCENT OF WHOM HAVE A TOTAL HOUSEHOLD INCOME THAT
DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME; AND
(B) "RESIDENT ASSISTANCE" SHALL MEAN SUPPORT OFFERED TO RESIDENTS OF
AFFORDABLE INDEPENDENT SENIOR HOUSING PROPERTIES TO HELP PROMOTE HEALTHY
LIVING BY EXTENDING INDEPENDENCE AND IMPROVING QUALITY OF LIFE.
3. ASSISTANCE. RESIDENT ASSISTANCE SHALL BE DETERMINED BY THE COMMIS-
SIONER OF HEALTH; PROVIDED HOWEVER, THAT THE PROVISION OF SUCH ASSIST-
ANCE SHALL NOT INCLUDE ANY SERVICES OR ASSISTANCE THAT REQUIRES THE
PROPERTY TO BE LICENSED AS AN ADULT CARE FACILITY PURSUANT TO ARTICLE
SEVEN OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE PURSU-
ANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW. PRIOR TO ISSUING
ANY GRANTS PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF HEALTH SHALL
SOLICIT INPUT FROM VARIOUS STAKEHOLDERS TO DETERMINE WHAT WOULD CONSTI-
TUTE ASSISTANCE TO ENSURE THAT SUCH ASSISTANCE WOULD NOT REQUIRE SUCH
LICENSURE. A SUMMARY OF SUCH INPUT AND THE DETERMINATION BY THE DEPART-
MENT OF HEALTH AS TO WHETHER THE ASSISTANCE PROVIDED BY THE GRANT APPLI-
CANT WOULD REQUIRE LICENSURE AS AN ADULT CARE FACILITY OR ASSISTED
LIVING RESIDENCE SHALL BE IN WRITING AND SHARED WITH THE VARIOUS STAKE-
HOLDERS PRIOR TO THE APPROVAL OF ANY GRANTS PURSUANT TO THIS SECTION.
4. ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT TO
THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS LOCATED
IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR
OF SECTION TWELVE HUNDRED THIRTY-ONE OF THIS CHAPTER. FORTY PERCENT OF
THE TOTAL FUNDS AWARDED PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR
SHALL BE ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE, AS
SUCH TERM IS DEFINED IN SUBDIVISION THREE OF SECTION TWELVE HUNDRED
THIRTY-ONE OF THIS CHAPTER. ANY FUNDS APPROPRIATED OR OTHERWISE AVAIL-
ABLE THEREFOR FOR THE PROGRAM MAY BE TRANSFERRED TO THE DEPARTMENT OF
HEALTH. A PORTION OF ANY AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE
S. 9006--B 80
THEREFOR MAY BE USED BY THE COMMISSIONER OF HEALTH TO ADMINISTER THE
PROGRAM.
§ 2. This act shall take effect immediately.
PART S
Section 1. Paragraph (b) of subdivision 2 of section 576-d of the
private housing finance law, as amended by section 1 of part S of chap-
ter 56 of the laws of 2020, is amended to read as follows:
(b) the total amount of loans made to any single agricultural producer
shall not exceed [two] FOUR hundred thousand dollars per annum;
§ 2. This act shall take effect immediately.
PART T
Section 1. The private housing finance law is amended by adding a new
article 33 to read as follows:
ARTICLE XXXIII
MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM
SECTION 1300. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
1301. DEFINITIONS.
1302. MOBILE AND MANUFACTURED HOME REPLACEMENT CONTRACTS.
§ 1300. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A SERIOUS
NEED TO ELIMINATE OLDER, DILAPIDATED MOBILE AND MANUFACTURED HOMES AND
REPLACE THEM WITH NEW MANUFACTURED, MODULAR OR SITE-BUILT HOMES. OLDER
MOBILE OR MANUFACTURED HOME UNITS WITH RUSTED, LEAKING METAL ROOFS,
METAL-FRAMED WINDOWS WITH INTERIOR TAKE-OUT STORMS, AND METAL SIDING,
ARE JUST SOME OF THE EXAMPLES OF THOSE THAT MOST NEED REPLACEMENT. NO
MATTER THE AMOUNT OF REHABILITATION INVESTMENT, THE END RESULT IS UNSAT-
ISFACTORY IN TERMS OF LONGEVITY, ENERGY EFFICIENCY AND AFFORDABILITY.
THE LEGISLATURE THEREFORE FINDS THAT THE STATE SHOULD ESTABLISH A
PROGRAM TO FUND THE REPLACEMENT OF MOBILE OR MANUFACTURED HOMES WITH NEW
AFFORDABLE AND ENERGY EFFICIENT MANUFACTURED, MODULAR OR SITE-BUILT
HOMES.
§ 1301. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
2. "DILAPIDATED" SHALL MEAN A HOUSING UNIT THAT DOES NOT PROVIDE SAFE
AND ADEQUATE SHELTER, AND IN ITS PRESENT CONDITION ENDANGERS THE HEALTH,
SAFETY OR WELL-BEING OF THE OCCUPANTS. SUCH A HOUSING UNIT SHALL HAVE
ONE OR MORE CRITICAL DEFECTS, OR A COMBINATION OF INTERMEDIATE DEFECTS
IN SUFFICIENT NUMBER OR EXTENT TO REQUIRE CONSIDERABLE REPAIR OR
REBUILDING. SUCH DEFECTS MAY INVOLVE ORIGINAL CONSTRUCTION, OR THEY MAY
RESULT FROM CONTINUED NEGLECT OR LACK OF REPAIR OR FROM SERIOUS DAMAGE
TO THE STRUCTURE.
3. "ELIGIBLE APPLICANT" SHALL MEAN A UNIT OF LOCAL GOVERNMENT OR A
NOT-FOR-PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE
YEARS PRIOR TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND HAS SUBSTAN-
TIAL EXPERIENCE IN AFFORDABLE HOUSING.
4. "ELIGIBLE PROPERTY" SHALL MEAN A MOBILE OR MANUFACTURED HOME THAT
IS THE PRIMARY RESIDENCE OF A HOMEOWNER WITH A TOTAL HOUSEHOLD INCOME
THAT DOES NOT EXCEED EIGHTY PERCENT OF AREA MEDIAN INCOME FOR THE COUNTY
S. 9006--B 81
IN WHICH A PROJECT IS LOCATED AS CALCULATED BY THE UNITED STATES DEPART-
MENT OF HOUSING AND URBAN DEVELOPMENT.
5. "MANUFACTURED HOME" SHALL HAVE THE SAME MEANING AS IS SET FORTH FOR
SUCH TERM IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECU-
TIVE LAW.
6. "MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM" OR "PROGRAM"
SHALL MEAN A PROPOSAL BY AN ELIGIBLE APPLICANT FOR THE REPLACEMENT OF A
DILAPIDATED MOBILE OR MANUFACTURED HOME WITH A NEW MANUFACTURED, MODULAR
OR SITE-BUILT HOME. ALL REPLACEMENT HOMES SHALL BE ENERGY STAR RATED FOR
ENERGY EFFICIENCY.
7. "MODULAR HOME" SHALL HAVE THE SAME MEANING AS IS SET FORTH FOR SUCH
TERM IN PARAGRAPH THIRTY-THREE OF SUBDIVISION (B) OF SECTION ELEVEN
HUNDRED ONE OF THE TAX LAW.
8. "SITE-BUILT HOME" SHALL MEAN A STRUCTURE BUILT ON-SITE USING BUILD-
ING MATERIALS DELIVERED TO THE SITE, EVEN IF SOME OF SUCH MATERIALS WERE
MANUFACTURED, PRODUCED OR ASSEMBLED OFF-SITE SUCH AS, BY WAY OF EXAMPLE
AND NOT BY WAY OF LIMITATION, CONCRETE BLOCKS, WINDOWS, DOOR UNITS, WALL
OR ROOF PANELS, TRUSSES AND DORMERS.
§ 1302. MOBILE AND MANUFACTURED HOME REPLACEMENT CONTRACTS. 1. GRANTS.
WITHIN THE LIMIT OF FUNDS AVAILABLE IN THE MOBILE AND MANUFACTURED HOME
REPLACEMENT PROGRAM, THE CORPORATION IS HEREBY AUTHORIZED TO ENTER INTO
CONTRACTS WITH ELIGIBLE APPLICANTS TO PROVIDE GRANTS, WHICH SHALL BE
USED TO ESTABLISH PROGRAMS TO PROVIDE ASSISTANCE TO ELIGIBLE PROPERTY
OWNERS TO REPLACE DILAPIDATED MOBILE OR MANUFACTURED HOMES IN THE STATE.
2. PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND AWARD OF PROJECTS
PURSUANT TO THIS SECTION WHICH SHALL INCLUDE: ELIGIBILITY, MARKET
DEMAND, FEASIBILITY AND FUNDING CRITERIA; THE FUNDING DETERMINATION
PROCESS; SUPERVISION AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
ING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA-
TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE CORPORATION
SHALL DEEM NECESSARY OR APPROPRIATE.
3. CONTRACT LIMITATIONS. THE TOTAL CONTRACT PURSUANT TO ANY ONE ELIGI-
BLE APPLICANT IN A SPECIFIED REGION SHALL NOT EXCEED SEVEN HUNDRED FIFTY
THOUSAND DOLLARS AND THE CONTRACT SHALL PROVIDE FOR COMPLETION OF THE
PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THEREIN, WHICH SHALL
NOT IN ANY EVENT EXCEED FOUR YEARS FROM COMMENCEMENT OF THE PROGRAM.
UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT FOR UP
TO AN ADDITIONAL ONE YEAR PERIOD FOR GOOD CAUSE SHOWN BY THE ELIGIBLE
APPLICANT.
4. PLANNING AND ADMINISTRATIVE COSTS. THE CORPORATION SHALL AUTHORIZE
THE ELIGIBLE APPLICANT TO SPEND TEN PERCENT OF THE CONTRACT AMOUNT FOR
APPROVED PLANNING AND ADMINISTRATIVE COSTS ASSOCIATED WITH ADMINISTERING
THE PROGRAM.
5. THE CORPORATION SHALL REQUIRE THAT, IN ORDER TO RECEIVE A GRANT
PURSUANT TO THIS ARTICLE, THE ELIGIBLE PROPERTY OWNER SHALL HAVE NO
LIENS ON THE LAND AFTER CLOSING THE GRANT OTHER THAN THE NEW HOME
FINANCING AND CURRENTLY EXISTING MORTGAGE OR MORTGAGES, AND ALL PROPERTY
TAXES AND INSURANCES MUST BE CURRENT.
6. ASSISTANCE. FINANCIAL ASSISTANCE TO ELIGIBLE PROPERTY OWNERS SHALL
BE ONE HUNDRED PERCENT GRANTS IN THE FORM OF DEFERRED PAYMENT LOANS
(HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS "DPL"). A TEN YEAR
DECLINING BALANCE LIEN USING A SECURITY INSTRUMENT AS REQUIRED BY THE
CORPORATION, WILL BE UTILIZED FOR REPLACEMENT PROJECTS. NO INTEREST OR
PAYMENTS WILL BE REQUIRED ON THE DPL UNLESS THE PROPERTY IS SOLD OR
S. 9006--B 82
TRANSFERRED BEFORE THE REGULATORY TERM EXPIRES. IN SUCH CASES FUNDS WILL
BE RECAPTURED FROM THE PROCEEDS OF THE SALE OF THE HOME, ON A DECLINING
BALANCE BASIS, UNLESS AN INCOME-ELIGIBLE IMMEDIATE FAMILY MEMBER ACCEPTS
OWNERSHIP OF, AND RESIDES IN THE NEW REPLACEMENT HOME FOR THE REMAINDER
OF THE REGULATORY TERM. IN ADDITION THE MOBILE AND MANUFACTURED HOME
REPLACEMENT PROGRAM ESTABLISHED BY THIS ARTICLE SHALL: (A) PROVIDE FUNDS
FOR RELOCATION ASSISTANCE TO HOMEOWNERS WHO ARE UNABLE TO VOLUNTARILY
RELOCATE DURING THE DEMOLITION AND CONSTRUCTION PHASES OF THE PROJECT;
AND (B) PROVIDE FUNDING FOR THE COSTS OF DEMOLISHING AND DISPOSING OF
THE DILAPIDATED HOME.
7. HOMEOWNERSHIP TRAINING. THE ELIGIBLE PROPERTY OWNER MUST AGREE TO
ATTEND AN APPROVED HOMEOWNERSHIP TRAINING PROGRAM FOR POST-PURCHASE,
CREDIT/BUDGET, AND HOME MAINTENANCE COUNSELING AS PART OF THE APPLICA-
TION PROCESS.
8. FUNDING CRITERIA. THE TOTAL PAYMENT PURSUANT TO ANY ONE GRANT
CONTRACT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS AND THE CONTRACT
SHALL PROVIDE FOR COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD,
AS SPECIFIED THEREIN, NOT TO EXCEED FOUR YEARS.
9. FUNDING AND ANNUAL REPORT. THE CORPORATION IN ITS SOLE DISCRETION
SHALL AUTHORIZE ALL FUNDING DECISIONS AND MAKE ALL AWARD ANNOUNCEMENTS.
THE CORPORATION SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST IN EACH YEAR
SUBMIT A REPORT TO THE LEGISLATURE ON THE IMPLEMENTATION OF THIS ARTI-
CLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH AWARD
MADE TO A GRANTEE UNDER THIS ARTICLE: A DESCRIPTION OF SUCH AWARD;
CONTRACT AMOUNT AND CUMULATIVE TOTAL; AND SUCH OTHER INFORMATION AS THE
CORPORATION DEEMS PERTINENT.
§ 2. This act shall take effect immediately.
PART U
Section 1. The social services law is amended by adding a new article
9 to read as follows:
ARTICLE 9
2-1-1 ESSENTIAL COMMUNITY SERVICES HOTLINE SYSTEM
SECTION 467. DEFINITIONS.
467-A. OVERSIGHT OF THE 2-1-1 ESSENTIAL COMMUNITY SERVICES
HOTLINE SYSTEM.
467-B. AVAILABILITY AND SCOPE OF INFORMATION.
467-C. RESPONSIBILITIES OF 2-1-1 CALL CENTERS.
467-D. REPORTING.
§ 467. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "2-1-1 ESSENTIAL COMMUNITY SERVICES HOTLINE SYSTEM" OR "2-1-1"
MEANS THE THREE DIGIT PHONE NUMBER DESIGNATED BY THE FEDERAL COMMUNI-
CATIONS COMMISSION FOR THE PURPOSE OF CONNECTING INDIVIDUALS AND FAMI-
LIES WITH COMMUNITY RESOURCE AND REFERRAL SERVICES.
2. "2-1-1 CALL CENTER" MEANS A CENTER RECEIVING CALLS FROM 2-1-1 OPER-
ATED BY 2-1-1 NEW YORK, THE NOT-FOR-PROFIT ORGANIZATION DESIGNATED FOR
SUCH PURPOSE BY THE PUBLIC SERVICE COMMISSION IN TWO THOUSAND TEN.
3. "COMMUNITY RESOURCE SPECIALIST" MEANS AN INDIVIDUAL EMPLOYED BY A
2-1-1 CALL CENTER, WHO HAS TRAINED IN QUALITY INDICATORS FOR PROFES-
SIONAL INFORMATION AND REFERRALS AND RECEIVED AN ACCREDITATION FROM
INFORM USA, OR ITS SUCCESSOR ORGANIZATION, TO ASSIST INDIVIDUALS WITH
HELP FINDING COMMUNITY RESOURCES AND OTHER SERVICE-RELATED NEEDS,
S. 9006--B 83
INCLUDING DURING TIMES OF CRISIS, A NATURAL DISASTER OR OTHER WEATHER-
RELATED EVENTS.
§ 467-A. OVERSIGHT OF THE 2-1-1 ESSENTIAL COMMUNITY SERVICES HOTLINE
SYSTEM. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HAVE OVERSIGHT
OF THE 2-1-1 ESSENTIAL COMMUNITY SERVICES HOTLINE SYSTEM AND SHALL
DESIGNATE 2-1-1 NEW YORK, THE NOT-FOR-PROFIT ORGANIZATION DESIGNATED BY
THE PUBLIC SERVICE COMMISSION IN TWO THOUSAND TEN, TO OPERATE SUCH
HOTLINE SYSTEM, WITHIN AMOUNTS APPROPRIATED.
§ 467-B. AVAILABILITY AND SCOPE OF INFORMATION. 1. 2-1-1 SHALL BE
AVAILABLE STATEWIDE, TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK AND
SHALL PROVIDE A LANGUAGE ASSISTANCE LINE TO ASSIST LIMITED AND NON-ENGL-
ISH LANGUAGE SPEAKERS.
2. COMMUNITY RESOURCE SPECIALISTS SHALL PROVIDE COMMUNITY RESOURCE AND
REFERRAL INFORMATION FOR AT LEAST THE FOLLOWING SERVICES, AS NEEDED:
A. BASIC HUMAN NEEDS, SUCH AS FOOD AND CLOTHING BANKS, TEMPORARY HOUS-
ING ASSISTANCE, INCLUDING EMERGENCY HOUSING ASSISTANCE, RENT AND UTILITY
ASSISTANCE, THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP), THE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN
(WIC) AND OTHER PUBLIC BENEFIT PROGRAMS;
B. PHYSICAL AND BEHAVIORAL HEALTH RESOURCES, SUCH AS HEALTH INSURANCE
PROGRAMS INCLUDING, BUT NOT LIMITED TO, MEDICAID, MEDICARE, THE ESSEN-
TIAL PLAN AND CHILD HEALTH PLUS, MATERNAL HEALTH RESOURCES, BEHAVIORAL
HEALTH SERVICES, CRISIS INTERVENTION SERVICES AND, IF APPROPRIATE,
TRANSFERRING INDIVIDUALS TO THE 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL
HEALTH CRISIS HOTLINE OR THE 9-1-1 EMERGENCY RESPONSE SYSTEM;
C. WORK SUPPORT, SUCH AS JOB TRAINING PROGRAMS OR EDUCATION AND LITER-
ACY ASSISTANCE, TAX PREPARATION, AND TRANSPORTATION PROGRAMS;
D. CHILDREN, YOUTH AND FAMILY SUPPORT, INCLUDING CHILD CARE, AFTER-
SCHOOL PROGRAMS AND SUMMER CAMPS, FAMILY RESOURCE CENTERS, MENTORING AND
CHILD PROTECTIVE SERVICES;
E. SUPPORT FOR OLDER ADULTS AND PERSONS WITH DISABILITIES, INCLUDING
COMMUNITY AND MEDICALLY TAILORED MEALS, RESPITE CARE, HOME HEALTH CARE,
TRANSPORTATION SERVICES AND ADULT PROTECTIVE SERVICES; AND
F. ACCESS SERVICES FOR LIMITED AND NON-ENGLISH SPEAKERS, SUCH AS
TRANSLATION AND INTERPRETATION SERVICES.
§ 467-C. RESPONSIBILITIES OF 2-1-1 CALL CENTERS. 2-1-1 CALL CENTERS
SHALL BE RESPONSIBLE FOR:
1. MAINTAINING AN UP-TO-DATE DATABASE OF PROVIDERS AND SERVICES AVAIL-
ABLE IN THE COMMUNITY, THAT IS VALIDATED ANNUALLY TO ENSURE ACCURATE
INFORMATION;
2. ENSURING INDIVIDUALS CAN ACCESS 2-1-1 THROUGH VARIOUS PLATFORMS,
INCLUDING VIA TELEPHONE, TEXT OR THE INTERNET; AND
3. ACCEPTING CALLS FROM AND COORDINATING WITH THE 9-8-8 SUICIDE
PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE AND THE 9-1-1 EMERGENCY
RESPONSE SYSTEM, AS APPROPRIATE.
§ 467-D. REPORTING. 1. THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN
CONSULTATION WITH 2-1-1 NEW YORK, SHALL ESTABLISH A COMPREHENSIVE LIST
OF REPORTING METRICS REGARDING THE USE OF 2-1-1, WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO:
A. THE TOTAL NUMBER OF REQUESTS FOR ASSISTANCE STATEWIDE, AS WELL AS
BY REGION, THAT 2-1-1 CALL CENTERS RECEIVE ANNUALLY;
B. THE CATEGORIES OF SERVICES AND REFERRALS THAT ARE REQUESTED EACH
YEAR; AND
C. THE AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO EACH REQUEST FOR
ASSISTANCE AND THE AGGREGATE NUMBER OF CALL ABANDONMENTS FOR THE YEAR.
S. 9006--B 84
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPILE AN ANNUAL
REPORT ON THE DATA COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
AND SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY, ANNUALLY, BEGINNING NO
LATER THAN APRIL FIRST, NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
SECTION.
§ 2. Paragraph 5 of subdivision (c) of section 36.03 of the mental
hygiene law, as added by section 2 of part EE of chapter 57 of the laws
of 2022, is amended to read as follows:
(5) A designated hotline center shall ensure coordination between the
9-8-8 crisis hotline centers, 9-1-1, behavioral health crisis services,
THE 2-1-1 ESSENTIAL COMMUNITY SERVICES HOTLINE SYSTEM, and, when appro-
priate, other specialty behavioral health warm lines and hotlines and
other emergency services. If a law enforcement, medical, or fire
response is also needed, 9-8-8 and 9-1-1 operators shall coordinate the
simultaneous deployment of those services with mobile crisis services.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
PART V
Section 1. Section 602 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ALLOWING
FOR STUDENTS ENROLLED IN AN APPROVED POSTSECONDARY EDUCATION EXPERIENCE
OR TRANSITION PROGRAM TO RECEIVE FINANCIAL ASSISTANCE FROM THE TUITION
ASSISTANCE PROGRAM.
§ 2. Section 667 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION PROGRAMS. A.
NOTWITHSTANDING SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION, THE
PRESIDENT SHALL MAKE AWARDS TO STUDENTS WITH INTELLECTUAL DISABILITIES
IN APPROVED POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION PROGRAMS IN
THE SAME MANNER AS STUDENTS ENROLLED IN AN APPROVED PROGRAM AT A
DEGREE-GRANTING INSTITUTION INCLUDING THE SAME INCOME LIMITS AND AWARDS
FOR EACH YEAR.
B. AN APPROVED POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION
PROGRAM SHALL:
(I) SERVE STUDENTS WITH INTELLECTUAL DISABILITIES;
(II) PROVIDE INDIVIDUAL SUPPORTS AND SERVICES FOR THE ACADEMIC AND
SOCIAL INCLUSION OF STUDENTS WITH INTELLECTUAL DISABILITIES IN ACADEMIC
COURSES, EXTRACURRICULAR ACTIVITIES, AND OTHER ASPECTS OF THE INSTITU-
TION OF HIGHER EDUCATION'S REGULAR POSTSECONDARY PROGRAM;
(III) PROVIDE A FOCUS ON:
(A) ACADEMIC ENRICHMENT;
(B) SOCIALIZATION;
(C) INDEPENDENT LIVING SKILLS, INCLUDING SELF-ADVOCACY SKILLS; AND
(D) INTEGRATED WORK EXPERIENCES AND CAREER SKILLS THAT LEAD TO GAINFUL
EMPLOYMENT;
(IV) INTEGRATE PERSON-CENTERED PLANNING IN THE DEVELOPMENT OF THE
COURSE OF STUDY FOR EACH STUDENT WITH AN INTELLECTUAL DISABILITY;
(V) CREATE AND OFFER A MEANINGFUL CREDENTIAL FOR STUDENTS WITH INTEL-
LECTUAL DISABILITIES UPON THE COMPLETION OF THE POSTSECONDARY EDUCATION
EXPERIENCE OR TRANSITION PROGRAM; AND
S. 9006--B 85
(VI) BE A FEDERALLY APPROVED COMPREHENSIVE TRANSITION AND POSTSECON-
DARY PROGRAM.
C. FOR THE PURPOSES OF THIS SUBDIVISION, "STUDENTS WITH INTELLECTUAL
DISABILITIES" SHALL MEAN A STUDENT WITH AN IMPAIRMENT OF GENERAL INTEL-
LECTUAL FUNCTIONING OR ADAPTIVE BEHAVIOR WHICH CONSTITUTES A SUBSTANTIAL
HANDICAP TO THE STUDENT'S ABILITY TO FUNCTION NORMALLY IN SOCIETY AND
WHICH HAS ORIGINATED AT ANY POINT IN THE STUDENT'S LIFE.
§ 3. This act shall take effect immediately.
PART W
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. VACATION OR LEAVE TIME
PROVIDED BY THE EMPLOYER OR LEAVE TAKEN FOR A CONDITION THAT IS A QUALI-
FYING REASON FOR LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993,
29 U.S.C. 2612(A)(1) AND (3) SHALL NOT BE CONSIDERED AN INTERRUPTION IN
QUALIFYING EMPLOYMENT. Any period of [temporary leave from service]
INTERRUPTION IN QUALIFYING EMPLOYMENT taken by an eligible attorney
shall not be considered in the calculation of qualified service. Howev-
er, the period of [temporary leave shall be considered an] interruption
in QUALIFYING employment and the calculation of the time period of qual-
ified 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.
S. 9006--B 86
§ 4. Paragraph b of subdivision 3 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
b. An eligible attorney may apply after the completion of the [fourth]
SECOND year of qualified service, and annually thereafter after the
completion of the [fifth] THIRD through [ninth] ELEVENTH year of quali-
fied service, and may seek a student loan expense grant for only the
previous year of qualified service within the time periods prescribed by
the president. An eligible attorney may receive student loan expense
grants for no more than [six] EIGHT years of qualified service within an
eligible period.
§ 5. This act shall take effect April 1, 2027. Nothing in this act
shall be implemented in a manner that diminishes the current award or
status of eligible attorneys currently participating in the program.
PART X
Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
tion law is amended by adding a new subparagraph 12 to read as follows:
(12) (I) BEGINNING IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWEN-
TY-SEVEN ACADEMIC YEAR, ALL CURRENT AND FUTURE MANDATORY UNIVERSITY
FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT
ACTIVITY FEE, SHALL BE CHARGED TO A STATE UNIVERSITY OF NEW YORK GRADU-
ATE STUDENT SERVING A FULL-TIME OR HALF-TIME APPOINTMENT AS A GRADUATE
TEACHING ASSISTANT, GRADUATE ASSISTANT, GRADUATE RESEARCH ASSISTANT,
GRADUATE RESEARCH ASSOCIATE, OR GRADUATE TEACHING ASSOCIATE AT THE RATE
OF TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLU-
SION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE.
(II) BEGINNING IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-
EIGHT ACADEMIC YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL
BE CHARGED, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION
STUDENT ACTIVITY FEE.
§ 2. Section 6206 of the education law is amended by adding a new
subdivision 25 to read as follows:
25. A. BEGINNING IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-
SEVEN ACADEMIC YEAR, ALL CURRENT AND FUTURE MANDATORY UNIVERSITY FEES,
WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY
FEE, SHALL BE CHARGED TO A CITY UNIVERSITY OF NEW YORK GRADUATE STUDENT
SERVING AS A GRADUATE ASSISTANT, ADJUNCT INSTRUCTOR, ADJUNCT LECTURER,
ADJUNCT COLLEGE LABORATORY TECHNICIAN OR A NON-TEACHING ADJUNCT STAFF
MEMBER AT THE RATE OF TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY
FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT
ACTIVITY FEE.
B. BEGINNING IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-
EIGHT ACADEMIC YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL
BE CHARGED, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION
STUDENT ACTIVITY FEE.
§ 3. This act shall take effect immediately.
PART Y
Section 1. Subdivision 3 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, paragraph a as amended by section 1
and subparagraph (iv) of paragraph b as amended by section 3 of part B
of chapter 60 of the laws of 2000, clause (A) of subparagraph (i) of
paragraph a as amended by section 1 and subparagraphs (i) and (ii) of
S. 9006--B 87
paragraph b as amended by section 2 of part DD of chapter 56 of the laws
of 2021, subparagraphs (ii), (iii) and (vi) of paragraph a as amended
and paragraph (vii) as added by section 1 of part X of chapter 56 of the
laws of 2024, and paragraph c as relettered by section 2 of part J of
chapter 58 of the laws of 2011 and paragraph b as amended by chapter 309
of the laws of 1996, is amended to read as follows:
3. Tuition assistance program awards.
a. Amount. The president shall make awards to students enrolled in
degree-granting institutions or registered not-for-profit business
schools qualified for tax exemption under § 501(c)(3) of the internal
revenue code for federal income tax purposes in the following amounts:
(i) For each year of undergraduate study, assistance shall be provided
as computed on the basis of the amount which is the lesser of the
following:
(A) [(1) In the case of students who have not been granted an exclu-
sion of parental income, who have qualified as an orphan, foster child,
or ward of the court for the purposes of federal student financial aid
programs authorized by Title IV of the Higher Education Act of 1965, as
amended, or had a dependent for income tax purposes during the tax year
next preceding the academic year for which application is made, except
for those students who have been granted exclusion of parental income
who have a spouse but no other dependent:
(a)] Five thousand dollars, except starting in two thousand fourteen-
two thousand fifteen such students shall receive five thousand one
hundred sixty-five dollars, and except starting in two thousand twenty-
one--two thousand twenty-two and thereafter such students shall receive
five thousand six hundred sixty-five dollars, provided however that
nothing herein shall be construed as increasing any award made pursuant
to this section for an academic year prior to two thousand twenty-one--
two thousand twenty-two; or
[(b)] (B) For undergraduate students enrolled in a program of study at
a non-public degree-granting institution that does not offer a program
of study that leads to a baccalaureate degree, or at a registered not-
for-profit business school qualified for tax exemption under section
501(c)(3) of the internal revenue code for federal income tax purposes
that does not offer a program of study that leads to a baccalaureate
degree, four thousand dollars, except starting in two thousand twenty-
one--two thousand twenty-two and thereafter such students shall receive
four thousand five hundred dollars. Provided, however, that this [subi-
tem] CLAUSE shall not apply to students enrolled in a program of study
leading to a certificate or degree in nursing[.]; OR
[(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph and those students who have been granted exclu-
sion of parental income who have a spouse but no other dependent begin-
ning in the two thousand twenty-one--two thousand twenty-two academic
year and thereafter, three thousand five hundred twenty-five dollars,
provided that nothing herein shall be construed as increasing any award
made for any prior academic year; or
(B)] (C) (1) Ninety-five percent of the amount of tuition (exclusive
of educational fees) charged and, if applicable, the college fee levied
by the state university of New York pursuant to the April first, nine-
teen hundred sixty-four financing agreement with the New York state
dormitory authority.
(2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional fees) charged and, if applicable, the college fee levied by the
S. 9006--B 88
state university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
(ii) [Except for students as noted in subparagraph (iii) of this para-
graph, the] THE base amount as determined from subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than seven 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 excess over eighteen
thousand dollars thousand dollars
(iii) [(A) For students who have been granted exclusion of parental
income and were single with no dependent for income tax purposes during
the tax year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(1) Less than three thousand None
dollars
(2) Three thousand dollars or Thirty-one per centum of
more, but not more than thirty amount in excess of three
thousand dollars thousand dollars
(B) For those students who have been granted exclusion of parental
income who have a spouse but no other dependent, for income tax purposes
during the tax year next preceding the academic year for which
application is made, the base amount, as determined in subparagraph (i)
of this paragraph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(1) Less than seven thousand None
dollars
(2) Seven thousand dollars or Seven per centum of excess
more, but less than eleven over seven thousand dollars
thousand dollars
(3) Eleven thousand dollars or Two hundred eighty dollars
more, but less than eighteen plus ten per centum of excess
thousand dollars over eleven thousand dollars
(4) Eighteen thousand dollars or Nine hundred eighty dollars
S. 9006--B 89
more, but not more than sixty plus twelve per centum of
thousand dollars excess over eighteen
thousand dollars
(iv)] If the amount of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student who
has received four or more payments pursuant to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be reduced by an additional one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
[(v)] (IV) The award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) [or (iii)] of this paragraph but the award shall not
be reduced for the two thousand--two thousand one and two thousand one-
-two thousand two academic years below two hundred seventy-five dollars
if the amount of income is eighty thousand dollars or less and more than
seventy thousand dollars, three hundred twenty-five dollars if the
amount of income is seventy thousand dollars or less and more than sixty
thousand dollars and four hundred twenty-five dollars if the amount of
income is sixty thousand dollars or less.
[(vi)] (V) For the two thousand two--two thousand three through two
thousand twenty-three--twenty-four academic years, the award shall be
the net amount of the base amount determined pursuant to subparagraph
(i) of this paragraph reduced pursuant to subparagraph (ii) [or (iii)]
of this paragraph but the award shall not be reduced below five hundred
dollars.
[(vii)] (VI) For the two thousand twenty-four--two thousand twenty-
five academic year and thereafter, the award shall be the net amount of
the base amount determined pursuant to subparagraph (i) of this para-
graph reduced pursuant to subparagraph (ii) [or (iii)] of this paragraph
but the award shall not be reduced below one thousand dollars.
b. Amount. The president shall make awards to students enrolled in two
year programs offered in registered private business schools except for
registered not-for-profit business schools qualified for tax exemption
under section 501(c)(3) of the internal revenue code for federal income
tax purposes in the following amounts:
(i) For each year of study, assistance shall be provided as computed
on the basis of the amount which is the lesser of the following:
(A) [(1)] one thousand three hundred dollars[, or
(2) for students receiving awards pursuant to subparagraph (iii) of
this paragraph, one thousand one hundred forty dollars]; or
(B) (1) Ninety-five percent of the amount of tuition (exclusive of
educational fees) charged.
(2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional fees).
(ii) [Except for students as noted in subparagraph (iii) of this para-
graph, the] THE base amount as determined in subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than seven thousand None
S. 9006--B 90
dollars
(B) Seven thousand dollars or Seven per centum of the excess
more, but less than eleven over seven thousand dollars
thousand dollars
(iii) [For students who have been granted exclusion of parental income
and were single with no dependent for income tax purposes during the tax
year next preceding the academic year for which application is made, the
base amount, as determined in subparagraph (i) of this paragraph, shall
be reduced in relation to income as follows:
Amount of income Schedule of reduction of
base amount
(A) Less than three thousand None
dollars
(B) Three thousand dollars or Thirty-one per centum of the ex-
more, but not more than ten cess over three thousand dollars
thousand dollars
(iv)] If the amount of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student who
has received four or more payments pursuant to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be reduced by an additional one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
[(v)] (IV) The award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) [or (iii)] of this paragraph but the award shall not
be reduced below one hundred dollars. If the income exceeds the maximum
amount of income allowable under subparagraph (ii) [or (iii)] of this
paragraph, no award shall be made.
c. Restrictions. In no [even shall] EVENT shall any award:
(i) be made unless the annual tuition (exclusive of educational fees)
and, if applicable, the college fee levied by the state university of
New York pursuant to the April first, nineteen hundred sixty-four
financing agreement with the New York state dormitory authority charged
for the program in which the student is enrolled total at least two
hundred dollars; or
(ii) exceed the amount by which such annual tuition (exclusive of
educational fees) and, if applicable, the college fee levied by the
state university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority exceed the total of all other state, federal, or other educa-
tional aid that is received or receivable by such student during the
school year for which such award is applicable and that, in the judgment
of the commissioner, would duplicate the purposes of the award; or
(iii) be made when income exceeds the maximum income set forth in this
subdivision. The commissioner shall list in his regulations all major
state and federal financial aid available to New York state students and
identify any forms of aid that are duplicative of the purposes of the
tuition assistance program. For the purposes of this subdivision,
neither United States war orphan educational benefits nor benefits under
S. 9006--B 91
the veterans' readjustment act of nineteen hundred sixty-six shall be
considered as federal or other educational aid.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART Z
Section 1. (a) There is hereby established a fiscal cliff task force
to study fiscal cliffs in the state's public assistance programs and
make recommendations on how to reduce and eliminate such fiscal cliffs.
For the purposes of this section, the term "fiscal cliff" shall mean a
sudden decrease in public benefits that can occur with a small increase
in earnings.
(b) (i) The task force shall consist of nineteen members, each to
serve for a term ending December 31, 2028. Such members shall be
appointed as follows: two members shall be appointed by the temporary
president of the senate; one member shall be appointed by the minority
leader of the senate; two members shall be appointed by the speaker of
the assembly; one member shall be appointed by the minority leader of
the assembly; five members shall be appointed by the governor; three
local social services district commissioners or their designees having
relevant experience in administering public benefits shall be appointed
by the governor, of which one district shall have five million or more
inhabitants; the commissioner of the office of temporary and disability
assistance or their designee; the commissioner of health or their desig-
nee; the commissioner of taxation and finance or their designee; the
commissioner of the department of labor or their designee; the commis-
sioner of the office of children and family services or their designee.
Appointments shall be made within sixty days of the effective date of
this section. Vacancies in the task force shall be filled in the manner
provided for original appointments.
(ii) All appointments shall be coordinated to ensure geographic repre-
sentation from the entire state.
(iii) The task force shall elect a chair, vice-chair, and other neces-
sary officers from among all appointed members.
(iv) A majority of the members of the task force then in office shall
constitute a quorum for the transaction of business or the exercise of
any power or function of the task force. An act, determination or deci-
sion of the majority of the members present during the presence of a
quorum shall be held to be the act, determination, or decision of the
task force.
(v) The task force shall meet at least quarterly at the call of the
chair. Meetings may be held via teleconference. Special meetings may be
called by the chair at the request of a majority of the members of the
task force.
(vi) Members of the task force shall receive no compensation for their
services but shall be reimbursed for their actual expenses incurred in
the performance of their duties in the work of the task force.
(c) The task force shall:
(i) conduct a study on the fiscal cliffs in the state. Such study
shall include, but not be limited to: public assistance programs; the
supplemental nutrition assistance program (SNAP); the home energy
assistance program (HEAP); housing assistance; the child care tax credit
and other tax credits; the school tax relief program (STAR) and other
real property tax credits and reductions; Medicaid; NY state of health,
the official health plan marketplace; child care subsidies tied to
S. 9006--B 92
income; cash benefits; effective tax rates; and any other program or
service provided by the state or any political subdivision thereof which
is tied to income;
(ii) study the causes and reasons why fiscal cliffs occur to individ-
uals on public benefits, including but not limited to, the impact of
current public assistance programs monetary allotments, asset tests,
asset limits, and income disregards, as well as how minimum wage and
other earnings may impact those receiving public benefits; and
(iii) recommend ways to reduce and/or eliminate fiscal cliffs includ-
ing, but not limited to, recommending program and policy modifications,
amendments to the law, including but not limited to possible changes in
calculating and paying the earned income tax credit or other tax cred-
its, changes to the New York codes, rules and regulations, and any other
recommendation the task force deems appropriate.
(d) The task force may, as it deems appropriate, request that studies,
surveys, or analyses relating to the task force's powers and duties be
performed by any state department, commission, agency or public authori-
ty. All state departments, commissions, agencies or public authorities
shall provide information and advice in a timely manner and otherwise
assist the task force with its work.
(e) The office of temporary and disability assistance shall provide
staff services to the task force and such other administrative assist-
ance as may be necessary for the task force to carry out its duties,
functions and powers.
(f) The task force shall make a preliminary report to the governor and
the legislature of its findings, conclusions, recommendations and activ-
ities already undertaken by the task force, not later than January 1,
2028, and a final report of its findings, conclusions, recommendations
and activities already undertaken by the task force, not later than
September 1, 2028 and shall submit with its reports legislative
proposals as it deems necessary to implement its recommendations.
§ 2. This act shall take effect immediately and shall expire three
years after it shall have become a law when upon such date the
provisions of this act shall be deemed repealed.
PART AA
Section 1. Subdivision 1 of section 350 of the social services law is
amended by adding a new paragraph (c) to read as follows:
(C) IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT APPROVED BY
THE DIRECTOR OF THE BUDGET, ALLOWANCES GRANTED UNDER THE PROVISIONS OF
THIS TITLE MAY INCLUDE THE COSTS OF DIAPERS FOR AN ELIGIBLE CHILD, TWO
YEARS OF AGE OR YOUNGER. SAID ALLOWANCES SHALL NOT EXCEED EIGHTY
DOLLARS, EVERY THREE MONTHS, PER ELIGIBLE CHILD.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART BB
Section 1. Short title. This act shall be known and may be cited as
the "shelter arrears eviction forestallment act".
§ 2. The social services law is amended by adding a new section 131-cc
to read as follows:
§ 131-CC. SHELTER ARREARS EVICTION FORESTALLMENT PROGRAM. 1. (A) WITH-
IN AMOUNTS APPROPRIATED THEREFOR, THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE SHALL ESTABLISH THE SHELTER ARREARS EVICTION FORESTALLMENT
S. 9006--B 93
PROGRAM TO PROVIDE EMERGENCY ASSISTANCE FOR RENT ARREARS FOR THE
PREVENTION OF EVICTION DUE TO NONPAYMENT OF RENT OR MORTGAGE ARREARS,
HOMEOWNERS' ASSOCIATION FEES, LEGAL FEES, OR LATE FEES IF AN APPLICANT
CAN ESTABLISH THAT SUCH EXPENSES ARE NECESSARY TO RETAIN THEIR HOUSING.
FUNDS SHALL BE ALLOCATED TO SOCIAL SERVICES DISTRICTS WITH A POPULATION
OF FIVE MILLION OR FEWER, FOR SERVICES AND EXPENSES RELATED TO THE
PAYMENT OF RENT ARREARS NECESSARY TO RETAIN HOUSING AND TO HOUSEHOLDS
THAT ARE IN RECEIPT OF OR WHO WOULD BE ELIGIBLE FOR ONGOING OR EMERGENCY
PUBLIC ASSISTANCE PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
TITLE BUT HAVE EXHAUSTED THE ALLOWABLE FREQUENCY OF SUCH PAYMENTS
THROUGH THE EMERGENCY SAFETY NET ASSISTANCE OR EMERGENCY ASSISTANCE TO
FAMILIES PROGRAMS. EACH SOCIAL SERVICES DISTRICT TO WHICH FUNDS ARE
ALLOCATED PURSUANT TO THIS SECTION SHALL USE BEST EFFORTS TO MAKE SUCH
FUNDS AVAILABLE TO HOUSEHOLDS FOR THE PURPOSES SET FORTH IN THIS
SECTION.
(B) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ALLOCATE
FUNDING TO SOCIAL SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION
OR FEWER, WITH A METHODOLOGY THAT SHALL CONSIDER THE RATE OF EVICTION
FILINGS AND OTHER INDICATORS OF NEED AS DETERMINED BY THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE.
(C) THE OFFICE SHALL ESTABLISH RULES FOR THE ADMINISTRATION OF THE
PROGRAM, INCLUDING BUT NOT LIMITED TO:
(I) REQUIRING PAYMENTS SHALL NOT EXCEED A TOTAL OF SIX MONTHS OF
ARREARS IN ADDITION TO PAYMENTS PREVIOUSLY MADE THROUGH THE EMERGENCY
SAFETY NET ASSISTANCE OR EMERGENCY ASSISTANCE TO FAMILIES PROGRAMS;
(II) PROVIDING THAT SUCH PAYMENTS SHALL NOT BE LIMITED BY THE SHELTER
ALLOWANCE AMOUNT SET FORTH IN SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
TITLE AND SHALL NOT BE PART OF THE STANDARD OF NEED PURSUANT TO SUCH
SECTION;
(III) PROVIDING THAT FUNDING ALLOCATED TO SOCIAL SERVICES DISTRICTS
PURSUANT TO THIS SECTION SHALL NOT REPLACE OR REDUCE ANY OTHER EMERGENCY
ASSISTANCE ALLOCATIONS SUCH DISTRICTS WOULD OTHERWISE RECEIVE;
(IV) REQUIRING PROGRAM PAYMENTS BE MADE DIRECTLY TO THE LANDLORD OR
PROPERTY OWNER ON BEHALF OF A TENANT. TENANTS, LANDLORDS AND PROPERTY
MANAGERS SHALL BE NOTIFIED OF ANY ASSISTANCE PROVIDED UNDER THE PROGRAM;
(V) PROVIDING THAT PROGRAM PAYMENTS MAY BE ISSUED TO HOUSEHOLDS WHO
ARE UNABLE TO REASONABLY DEMONSTRATE AN ABILITY TO PAY FUTURE SHELTER
EXPENSES;
(VI) PROVIDING THAT DISTRICTS MAY ESTABLISH LOCAL CRITERIA REGARDING
THE USE OF THEIR ALLOCATIONS AND WILL MAINTAIN RESPONSIBILITY FOR NOT
EXCEEDING THEIR ALLOCATION ISSUED PURSUANT TO THIS SECTION; AND
(VII) PROVIDING THAT DISTRICTS MAY ELECT TO DELEGATE THE ADMINIS-
TRATION OF THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION, IN FULL OR
IN PART, TO ANOTHER PUBLIC AGENCY, CONTRACTOR OR NON-PROFIT ORGANIZA-
TION.
2. IN A FORM AND MANNER PRESCRIBED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, SOCIAL SERVICES DISTRICTS WITH A POPULATION OF
FIVE MILLION OR FEWER SHALL SUBMIT ANNUAL REPORTS TO THE OFFICE INCLUD-
ING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
(A) THE CRITERIA USED BY SUCH SOCIAL SERVICES DISTRICT TO DETERMINE
PROGRAM ELIGIBILITY;
(B) THE DOLLAR VALUE OF ARREARS ISSUED UNDER THE PROGRAM; AND
(C) BASIC DEMOGRAPHIC INFORMATION ON THE HOUSEHOLDS SERVED INCLUDING
BUT NOT LIMITED TO THE:
(I) NUMBER OF HOUSEHOLDS SERVED;
(II) NUMBER OF HOUSEHOLDS SERVED FOR MULTIPLE PERIODS;
S. 9006--B 94
(III) NUMBER AND PERCENTAGE OF HOUSEHOLDS WITH AND WITHOUT CHILDREN;
(IV) NUMBER AND PERCENTAGE OF HOUSEHOLDS WITH AN OPEN PUBLIC ASSIST-
ANCE (PA) CASE;
(V) AGE DISTRIBUTION OF THE PRIMARY TENANT;
(VI) DISTRIBUTION OF THE NUMBER OF CHILDREN;
(VII) DISTRIBUTION OF TOTAL PAYMENT AMOUNT; AND
(VIII) DISTRIBUTION OF RACE AND ETHNICITY.
3. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL SUBMIT A
REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY BY THE THIRTY-FIRST OF DECEMBER OF EACH YEAR.
SUCH REPORT SHALL COVER THE TWELVE-MONTH PERIOD ENDING ON THE THIRTIETH
OF SEPTEMBER IMMEDIATELY PRECEDING THE DATE THE REPORT IS DUE AND SHALL
INCLUDE BUT NOT BE LIMITED TO THE INFORMATION SUBMITTED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, IN THE AGGREGATE FOR THE STATE AND FOR
EACH COUNTY.
§ 3. This act shall take effect immediately.
PART CC
Section 1. The state finance law is amended by adding a new section
89-g to read as follows:
§ 89-G. YOUTH JUSTICE INNOVATION FUND. 1. A FUND TO BE KNOWN AS THE
"YOUTH JUSTICE INNOVATION FUND" IS HEREBY ESTABLISHED IN THE CUSTODY OF
THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
2. THE FUND SHALL CONSIST OF FIFTY MILLION DOLLARS TRANSFERRED TO SUCH
ACCOUNT PURSUANT TO A PLAN DEVELOPED BY THE DIRECTOR OF THE BUDGET FROM
FUNDS MADE AVAILABLE FOR THE PURPOSES OF FUNDING SERVICES FOR YOUTH
THROUGH THE AGE OF TWENTY-FIVE, AND ANY INTEREST EARNINGS WHICH MAY
ACCRUE FROM THE INVESTMENT OF MONIES IN THE FUND. NOTHING CONTAINED
HEREIN 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. MONIES OF THE FUND SHALL BE AVAILABLE TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND SHALL BE PROVIDED TO COMMUNITY-BASED ORGANIZATIONS
TO BE EXPENDED FOR SERVICES AND PROGRAMS WITH THE PURPOSE OF YOUTH
DEVELOPMENT AND PREVENTING YOUTH ARREST AND INCARCERATION, INCLUDING,
BUT NOT LIMITED TO, THOSE PROVIDING VIOLENCE-PREVENTION SERVICES FOR
YOUTH, ALTERNATIVES TO DETENTION, PLACEMENT AND INCARCERATION PROGRAMS
FOR YOUTH, AND REENTRY, EDUCATION, AND EMPLOYMENT TRAINING AND PLACEMENT
PROGRAMS FOR YOUTH THROUGH THE AGE OF TWENTY-FIVE.
4. ON OR BEFORE THE FIRST DAY OF MARCH OF EACH YEAR, THE DIRECTOR OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE A WRITTEN REPORT
TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,
THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON CODES,
THE CHAIR OF THE ASSEMBLY COMMITTEE ON CODES, THE STATE COMPTROLLER, AND
THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE
UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
S. 9006--B 95
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 2. This act shall take effect immediately and shall apply to expend-
itures made on and after April 1, 2026.
PART DD
Section 1. Section 355 of the education law is amended by adding a new
subdivision 22 to read as follows:
22. THE STATE UNIVERSITY TRUSTEES SHALL ADOPT A POLICY FOR THE
PROVISION OF EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT
LEAST ONE VENDING MACHINE, EXISTING OR NEW, LOCATED ON EACH STATE-OPER-
ATED INSTITUTION IN THE STATE UNIVERSITY OFFERING IN-PERSON STUDENT
INSTRUCTION. THE VENDING MACHINE SHALL BE LOCATED IN A SECURE AND
ACCESSIBLE AREA OF CAMPUS. THE LOCATION OF THE VENDING MACHINE SHALL BE
INCLUDED ON THE INSTITUTION'S WEBSITE.
(A) EMERGENCY CONTRACEPTION MADE AVAILABLE THROUGH EACH VENDING
MACHINE SHALL SATISFY, AT A MINIMUM, ALL OF THE FOLLOWING REQUIREMENTS:
(I) THE EMERGENCY CONTRACEPTION SHALL BE SOLD ONLY IN THE MANUFACTUR-
ER'S CLEARLY LABELED, ORIGINAL, UNBROKEN, TAMPER-PROOF, AND EXPIRATION-
DATED PACKAGING.
(II) THE EMERGENCY CONTRACEPTION MAY NOT BE OLDER THAN THE MANUFACTUR-
ER'S EXPIRATION DATE.
(III) THE EMERGENCY CONTRACEPTION SHALL BE STORED IN ACCORDANCE WITH
MANUFACTURER RECOMMENDATIONS.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY CONTRA-
CEPTION" MEANS OVER-THE-COUNTER MEDICATION TO BE SELF-ADMINISTERED THAT
IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT CAN SIGNIF-
ICANTLY REDUCE THE RISK OF PREGNANCY IF TAKEN WITHIN SEVENTY-TWO HOURS
AFTER UNPROTECTED SEXUAL INTERCOURSE.
§ 2. Section 6206 of the education law is amended by adding a new
subdivision 25 to read as follows:
25. THE BOARD OF TRUSTEES SHALL ADOPT A POLICY REQUIRING THE PROVISION
OF EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT LEAST ONE
VENDING MACHINE, EXISTING OR NEW, LOCATED ON EACH INSTITUTION OF THE
CITY UNIVERSITY OF NEW YORK OFFERING IN-PERSON STUDENT INSTRUCTION. THE
VENDING MACHINE SHALL BE LOCATED IN A SECURE AND ACCESSIBLE AREA OF
CAMPUS. THE LOCATION OF THE VENDING MACHINE SHALL BE INCLUDED ON THE
INSTITUTION'S WEBSITE.
(A) EMERGENCY CONTRACEPTION MADE AVAILABLE THROUGH EACH VENDING
MACHINE SHALL SATISFY, AT A MINIMUM, ALL OF THE FOLLOWING REQUIREMENTS:
(I) THE EMERGENCY CONTRACEPTION SHALL BE SOLD ONLY IN THE MANUFACTUR-
ER'S CLEARLY LABELED, ORIGINAL, UNBROKEN, TAMPER-PROOF, AND EXPIRATION-
DATED PACKAGING.
(II) THE EMERGENCY CONTRACEPTION MAY NOT BE OLDER THAN THE MANUFACTUR-
ER'S EXPIRATION DATE.
(III) THE EMERGENCY CONTRACEPTION SHALL BE STORED IN ACCORDANCE WITH
MANUFACTURER RECOMMENDATIONS.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY CONTRA-
CEPTION" MEANS OVER-THE-COUNTER MEDICATION TO BE SELF-ADMINISTERED THAT
IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT CAN SIGNIF-
ICANTLY REDUCE THE RISK OF PREGNANCY IF TAKEN WITHIN SEVENTY-TWO HOURS
AFTER UNPROTECTED SEXUAL INTERCOURSE.
S. 9006--B 96
§ 3. This act shall take effect April 1, 2027. The boards of trustees
for the state university of New York and the city university of New York
shall adopt policies to implement the provisions of this act within 60
days after this act shall have become a law.
PART EE
Section 1. Section 6301 of the education law is amended by adding two
new subdivisions 7 and 8 to read as follows:
7. "EMERGENCY AID GRANT". A GRANT PROVIDED TO AN UNDERGRADUATE STUDENT
ATTENDING A COMMUNITY COLLEGE, AS DEFINED IN SUBDIVISION TWO OF THIS
SECTION AND SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
TER, AND DETERMINED BY SUCH COLLEGE TO BE ELIGIBLE FOR SUCH GRANT, WHO,
DUE TO UNEXPECTED OR UNFORESEEN EVENTS, REQUIRES FINANCIAL ASSISTANCE
FOR EXPENSES WHICH MAY INCLUDE BUT ARE NOT LIMITED TO FOOD, CLOTHING,
HOUSING, COURSE MATERIALS, TECHNOLOGY, TRANSPORTATION, MEDICAL EXPENSES,
OR CHILD CARE. AN EMERGENCY AID GRANT SHALL NOT BE USED TO PAY OUTSTAND-
ING TUITION OR FEES OR FOR THE REPAYMENT OF STUDENT LOANS.
8. "EMERGENCY AID GRANT PROGRAM". THE PROGRAM ESTABLISHED PURSUANT TO
SECTION SIXTY-THREE HUNDRED TWELVE OF THIS ARTICLE WHEREIN A COMMUNITY
COLLEGE PROVIDES EMERGENCY AID GRANTS TO STUDENTS AND FOR WHICH THE
STATE PROVIDES ANNUAL MATCHING FUNDS TO SUCH COLLEGE.
§ 2. The education law is amended by adding a new section 6312 to read
as follows:
§ 6312. EMERGENCY AID GRANT MATCHING PROGRAM. 1. EACH COMMUNITY
COLLEGE ESTABLISHED AND OPERATED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE SHALL ESTABLISH AN EMERGENCY AID GRANT PROGRAM FOR STUDENTS
DEEMED ELIGIBLE FOR SUCH EMERGENCY AID. THE STATE SHALL PROVIDE EACH
COMMUNITY COLLEGE AN APPROPRIATION EQUAL TO ONE-HALF OF ALL GRANTS
DISBURSED OR TO BE DISBURSED IN SUCH PROGRAM, PROVIDED THAT SUCH APPRO-
PRIATION SHALL NOT EXCEED TWELVE HUNDRED FIFTY DOLLARS PER STUDENT WHO
RECEIVED OR WILL RECEIVE AN EMERGENCY AID GRANT AND SHALL NOT EXCEED
MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS PER COMMUNITY COLLEGE.
2. THE BOARD OF TRUSTEES MAY ESTABLISH REQUIREMENTS, AS SUCH BOARD
DEEMS NECESSARY, FOR COMMUNITY COLLEGES TO ACCESS THE MATCHING FUNDS
PROVIDED BY THE STATE PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
PROVIDED THAT:
A. EMERGENCY AID GRANTS SHALL NOT BE USED TO COVER ANY OUTSTANDING
TUITION OR FEES OWED TO THE STATE UNIVERSITY OF NEW YORK;
B. EMERGENCY AID GRANTS SHALL NOT BE TREATED AS INCOME FOR THE
PURPOSES OF CALCULATING FINANCIAL AID OFFERS OR AWARDS OR WHEN DETERMIN-
ING ANY EXPECTED STUDENT AND/OR FAMILY CONTRIBUTION; AND
C. COMMUNITY COLLEGES SHALL DEMONSTRATE, TO THE SATISFACTION OF THE
BOARD, THAT, AS A COMPONENT OF A CAMPUS EMERGENCY AID GRANT PROGRAM,
SUCH COLLEGE HAS OTHER SUFFICIENT RESOURCES AND SERVICES AVAILABLE TO
SUPPORT STUDENTS EXPERIENCING FINANCIAL DISTRESS.
3. WITHIN THIRTY DAYS OF THE CONCLUSION OF EVERY ACADEMIC YEAR, EACH
COMMUNITY COLLEGE SHALL SUBMIT THE NECESSARY DATA PRESCRIBED IN SECTION
SIX HUNDRED EIGHTY-NINE-B OF THIS CHAPTER TO THE NEW YORK STATE HIGHER
EDUCATION SERVICES CORPORATION FOR THE PURPOSES OF THE REPORT REQUIRED
BY SUCH SECTION.
§ 3. Section 350 of the education law is amended by adding two new
subdivisions 14 and 15 to read as follows:
14. "EMERGENCY AID GRANT" MEANS A GRANT PROVIDED TO AN UNDERGRADUATE
STUDENT ATTENDING A STATE-OPERATED INSTITUTION, AS DEFINED IN SUBDIVI-
SION FOUR OF THIS SECTION, AND DETERMINED BY SUCH INSTITUTION TO BE
S. 9006--B 97
ELIGIBLE FOR SUCH GRANT, WHO, DUE TO UNEXPECTED OR UNFORESEEN EVENTS,
REQUIRES FINANCIAL ASSISTANCE FOR EXPENSES WHICH MAY INCLUDE BUT ARE NOT
LIMITED TO FOOD, CLOTHING, HOUSING, COURSE MATERIALS, TECHNOLOGY, TRANS-
PORTATION, MEDICAL EXPENSES, OR CHILD CARE. AN EMERGENCY AID GRANT SHALL
NOT BE USED TO PAY OUTSTANDING TUITION OR FEES OR FOR THE REPAYMENT OF
STUDENT LOANS.
15. "EMERGENCY AID GRANT PROGRAM" MEANS THE PROGRAM ESTABLISHED PURSU-
ANT TO SECTION THREE HUNDRED FIFTY-FIVE-F OF THIS ARTICLE WHEREIN A
STATE-OPERATED INSTITUTION PROVIDES EMERGENCY AID GRANTS TO STUDENTS AND
FOR WHICH THE STATE PROVIDES ANNUAL MATCHING FUNDS TO SUCH INSTITUTION.
§ 4. The education law is amended by adding a new section 355-f to
read as follows:
§ 355-F. EMERGENCY AID GRANT MATCHING PROGRAM. 1. EACH STATE-OPERATED
INSTITUTION SHALL ESTABLISH AN EMERGENCY AID GRANT PROGRAM FOR STUDENTS
DEEMED ELIGIBLE BY SUCH INSTITUTION FOR SUCH EMERGENCY AID. THE STATE
SHALL PROVIDE EACH INSTITUTION WITH AN APPROPRIATION EQUAL TO ONE-HALF
OF ALL GRANTS DISBURSED OR TO BE DISBURSED IN SUCH PROGRAM, PROVIDED
THAT SUCH APPROPRIATION SHALL NOT EXCEED TWELVE HUNDRED FIFTY DOLLARS
PER STUDENT WHO RECEIVED OR WILL RECEIVE AN EMERGENCY AID GRANT AND
SHALL NOT EXCEED MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS PER
STATE-OPERATED INSTITUTION.
2. THE STATE UNIVERSITY TRUSTEES MAY ESTABLISH REQUIREMENTS, AS SUCH
TRUSTEES DEEM NECESSARY, FOR STATE-OPERATED INSTITUTIONS TO ACCESS THE
MATCHING FUNDS PROVIDED BY THE STATE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, PROVIDED THAT:
A. EMERGENCY AID GRANTS SHALL NOT BE USED TO COVER ANY OUTSTANDING
TUITION OR FEES OWED TO THE STATE UNIVERSITY OF NEW YORK;
B. EMERGENCY AID GRANTS SHALL NOT BE TREATED AS INCOME FOR THE
PURPOSES OF CALCULATING FINANCIAL AID OFFERS OR AWARDS OR WHEN DETERMIN-
ING ANY EXPECTED STUDENT AND/OR FAMILY CONTRIBUTION; AND
C. STATE-OPERATED INSTITUTIONS SHALL DEMONSTRATE, TO THE SATISFACTION
OF THE TRUSTEES, THAT, AS A COMPONENT OF A CAMPUS EMERGENCY AID GRANT
PROGRAM, SUCH INSTITUTION HAS OTHER SUFFICIENT RESOURCES AND SERVICES
AVAILABLE TO SUPPORT STUDENTS EXPERIENCING FINANCIAL DISTRESS.
3. WITHIN THIRTY DAYS OF THE CONCLUSION OF EVERY ACADEMIC YEAR, EACH
STATE-OPERATED INSTITUTION SHALL SUBMIT THE NECESSARY DATA PRESCRIBED IN
SECTION SIX HUNDRED EIGHTY-NINE-B OF THIS TITLE TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION FOR THE PURPOSES OF THE REPORT
REQUIRED BY SUCH SECTION.
§ 5. Section 6202 of the education law is amended by adding two new
subdivisions 10 and 11 to read as follows:
10. THE TERM "EMERGENCY AID GRANT" SHALL MEAN A GRANT PROVIDED TO AN
UNDERGRADUATE STUDENT ATTENDING A COMMUNITY COLLEGE, AS DEFINED IN
SUBDIVISION FOUR OF THIS SECTION, OR A SENIOR COLLEGE, AS DEFINED IN
SUBDIVISION FIVE OF THIS SECTION, AND DETERMINED BY SUCH COLLEGE TO BE
ELIGIBLE FOR SUCH GRANT, WHO, DUE TO UNEXPECTED OR UNFORESEEN EVENTS,
REQUIRES FINANCIAL ASSISTANCE FOR EXPENSES WHICH MAY INCLUDE BUT ARE NOT
LIMITED TO FOOD, CLOTHING, HOUSING, COURSE MATERIALS, TECHNOLOGY, TRANS-
PORTATION, MEDICAL EXPENSES, OR CHILD CARE. AN EMERGENCY AID GRANT SHALL
NOT BE USED TO PAY OUTSTANDING TUITION OR FEES OR FOR THE REPAYMENT OF
STUDENT LOANS.
11. THE TERM "EMERGENCY AID GRANT PROGRAM" SHALL MEAN THE PROGRAM
ESTABLISHED PURSUANT TO SECTION SIXTY-TWO HUNDRED THIRTY-FIVE OF THIS
ARTICLE WHEREIN A COMMUNITY COLLEGE OR SENIOR COLLEGE PROVIDES EMERGENCY
AID GRANTS TO STUDENTS AND FOR WHICH THE STATE PROVIDES ANNUAL MATCHING
FUNDS TO SUCH COLLEGE.
S. 9006--B 98
§ 6. The education law is amended by adding a new section 6235 to read
as follows:
§ 6235. EMERGENCY AID GRANT MATCHING PROGRAM. 1. EACH COMMUNITY
COLLEGE AND SENIOR COLLEGE SHALL ESTABLISH AN EMERGENCY AID GRANT
PROGRAM FOR STUDENTS DEEMED ELIGIBLE BY SUCH COLLEGE FOR SUCH EMERGENCY
AID. THE STATE SHALL PROVIDE EACH COLLEGE WITH AN APPROPRIATION EQUAL TO
ONE-HALF OF ALL GRANTS DISBURSED OR TO BE DISBURSED IN SUCH PROGRAM,
PROVIDED THAT SUCH APPROPRIATION SHALL NOT EXCEED TWELVE HUNDRED FIFTY
DOLLARS PER STUDENT WHO RECEIVED OR WILL RECEIVE AN EMERGENCY AID GRANT
AND SHALL NOT EXCEED MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS
PER COMMUNITY COLLEGE OR SENIOR COLLEGE.
2. THE BOARD OF TRUSTEES, AS DEFINED IN SUBDIVISION ONE OF SECTION
SIXTY-TWO HUNDRED TWO OF THIS ARTICLE, MAY ESTABLISH REQUIREMENTS, AS
SUCH BOARD DEEMS NECESSARY, FOR COMMUNITY COLLEGES AND SENIOR COLLEGES
TO ACCESS THE MATCHING FUNDS PROVIDED BY THE STATE PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, PROVIDED THAT:
A. EMERGENCY AID GRANTS SHALL NOT BE USED TO COVER ANY OUTSTANDING
TUITION OR FEES OWED TO THE CITY UNIVERSITY OF NEW YORK;
B. EMERGENCY AID GRANTS SHALL NOT BE TREATED AS INCOME FOR THE
PURPOSES OF CALCULATING FINANCIAL AID OFFERS OR AWARDS OR WHEN DETERMIN-
ING ANY EXPECTED STUDENT AND/OR FAMILY CONTRIBUTION; AND
C. A COMMUNITY COLLEGE OR SENIOR COLLEGE SHALL DEMONSTRATE, TO THE
SATISFACTION OF THE BOARD, THAT, AS A COMPONENT OF A CAMPUS EMERGENCY
AID GRANT PROGRAM, SUCH COLLEGE HAS OTHER SUFFICIENT RESOURCES AND
SERVICES AVAILABLE TO SUPPORT STUDENTS EXPERIENCING FINANCIAL DISTRESS.
D. WITHIN THIRTY DAYS OF THE CONCLUSION OF EVERY ACADEMIC YEAR, EACH
COMMUNITY COLLEGE AND SENIOR COLLEGE SHALL SUBMIT THE NECESSARY DATA
PRESCRIBED IN SECTION SIX HUNDRED EIGHTY-NINE-B OF THIS CHAPTER TO THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION FOR THE PURPOSES OF
THE REPORT REQUIRED BY SUCH SECTION.
§ 7. The education law is amended by adding a new section 689-b to
read as follows:
§ 689-B. ANNUAL REPORT ON THE EMERGENCY AID GRANT MATCHING PROGRAM. 1.
THE CORPORATION SHALL COLLECT FROM EACH COMMUNITY COLLEGE AS DEFINED IN
SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER,
STATE-OPERATED INSTITUTION AS DEFINED IN SUBDIVISION FOUR OF SECTION
THREE HUNDRED FIFTY OF THIS TITLE, COMMUNITY COLLEGE AS DEFINED IN
SUBDIVISION FOUR OF SECTION SIXTY-TWO HUNDRED TWO OF THIS CHAPTER, AND
SENIOR COLLEGE AS DEFINED IN SUBDIVISION FIVE OF SECTION SIXTY-TWO
HUNDRED TWO OF THIS CHAPTER, THE FOLLOWING DATA ON EACH SUCH COLLEGE OR
INSTITUTION'S EMERGENCY AID GRANT PROGRAMS ON AN ANNUAL BASIS:
(A) THE NUMBER OF STUDENTS AT EACH CAMPUS WHO RECEIVED FUNDS THROUGH
THE EMERGENCY AID GRANT PROGRAMS ESTABLISHED IN SECTION THREE HUNDRED
FIFTY-FIVE-F OF THIS TITLE AND SECTIONS SIXTY-THREE HUNDRED TWELVE AND
SIXTY-TWO HUNDRED THIRTY-FIVE OF THIS CHAPTER, AND THE TOTAL AMOUNT OF
GRANTS AWARDED;
(B) THE AVERAGE DOLLAR AMOUNT PROVIDED TO EACH STUDENT PURSUANT TO
SUCH PROGRAM;
(C) THE PERCENTAGE OF STUDENTS WHO RECEIVED AN EMERGENCY AID GRANT WHO
ARE STILL ENROLLED IN THE CITY UNIVERSITY OF NEW YORK OR THE STATE
UNIVERSITY OF NEW YORK, AND THE PERCENTAGE WHO ARE NOT ENROLLED IN SUCH
UNIVERSITIES;
(D) THE PERCENTAGE OF STUDENTS WHO RECEIVED AN EMERGENCY AID GRANT WHO
HAVE SUCCESSFULLY COMPLETED A DEGREE PROGRAM AT THE STATE UNIVERSITY OF
NEW YORK OR THE CITY UNIVERSITY OF NEW YORK;
S. 9006--B 99
(E) POST-GRADUATION OUTCOMES OF STUDENTS RECEIVING EMERGENCY AID
GRANTS INCLUDING FURTHER EDUCATION, EMPLOYMENT, AND WAGES, TO THE EXTENT
SUCH INFORMATION IS AVAILABLE TO THE CORPORATION; PROVIDED THAT SUCH
DATA IS PRESENTED IN AN ANONYMIZED AND AGGREGATED FORMAT;
(F) OTHER INFORMATION DEEMED NECESSARY BY THE CORPORATION TO EVALUATE
THE EFFECTIVENESS OF THE EMERGENCY AID GRANT PROGRAM.
2. NO LATER THAN THIRTY DAYS AFTER THE CORPORATION RECEIVES SUCH
INFORMATION FROM COMMUNITY COLLEGES, STATE-OPERATED INSTITUTIONS, AND
SENIOR COLLEGES, THE CORPORATION SHALL COMPILE SUCH INFORMATION INTO AN
ANNUAL REPORT TO BE PUBLISHED ON THE CORPORATION'S WEBSITE AND TRANSMIT-
TED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESI-
DENT OF THE SENATE, AND THE CHAIRS OF THE SENATE HIGHER EDUCATION
COMMITTEE AND THE ASSEMBLY HIGHER EDUCATION COMMITTEE.
3. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
§ 8. This act shall take effect August 1, 2027 and shall apply to the
academic year next succeeding the date on which 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 FF
Section 1. This act shall be known and may be cited as the "licensure
incentives and fee-support for testing (LIFT) act".
§ 2. The education law is amended by adding a new section 7711 to read
as follows:
§ 7711. SOCIAL WORK LICENSURE EXAMINATION VOUCHER PROGRAM. 1. THE
DEPARTMENT SHALL ESTABLISH A PROGRAM TO PROVIDE VOUCHERS TO ELIGIBLE
LOW-INCOME INDIVIDUALS TO COVER THE COST OF THE EXAMINATION REQUIRED FOR
LICENSURE AS A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER.
2. TO BE ELIGIBLE FOR A VOUCHER UNDER THIS SECTION, AN APPLICANT
SHALL: (A) BE A RESIDENT OF THE STATE; (B) BE ELIGIBLE TO SIT FOR THE
LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER EXAM-
INATION; AND (C) DEMONSTRATE INCOME AT OR BELOW A THRESHOLD ESTABLISHED
BY THE DEPARTMENT BY RULE OR REGULATION, BASED ON INCOME, AS DETERMINED
PURSUANT TO SECTION SIX HUNDRED SIXTY-THREE OF THIS CHAPTER. PROVIDED,
HOWEVER, THAT FOR APPLICANTS WHO WOULD BE CONSIDERED EMANCIPATED PURSU-
ANT TO SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-THREE OF THIS
CHAPTER, ELIGIBILITY SHALL BE DETERMINED WITHOUT REGARD TO PARENTAL
INCOME.
3. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
PART GG
Section 1. The social services law is amended by adding a new section
95-b to read as follows:
§ 95-B. SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION PROGRAM.
1. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH AND
MAINTAIN A SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION PROGRAM
TO COMPENSATE PERSONS WHO RECEIVE BENEFITS FROM THE SUPPLEMENTAL NUTRI-
S. 9006--B 100
TION ASSISTANCE PROGRAM (SNAP) OR CASH ASSISTANCE PROGRAM WHO HAVE HAD
SUCH BENEFITS STOLEN OR WHO HAVE BEEN DEFRAUDED OF SUCH BENEFITS.
2. THE SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION PROGRAM
SHALL HAVE AN APPLICATION PROCESS WHICH SHALL BE PROVIDED IN ENGLISH AND
LANGUAGES OTHER THAN ENGLISH, INCLUDING BUT NOT LIMITED TO THE TEN MOST
COMMONLY SPOKEN LANGUAGES, ASIDE FROM ENGLISH, IN THE STATE.
3. THE INSPECTOR GENERAL AND THE ATTORNEY GENERAL SHALL WORK WITH THE
COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE TO DETERMINE WHETHER
A PERSON WHO RECEIVES BENEFITS UNDER THE SNAP OR CASH ASSISTANCE PROGRAM
WAS DEFRAUDED OF SUCH BENEFITS OR IF SUCH BENEFITS WERE OTHERWISE
STOLEN.
§ 2. The state finance law is amended by adding a new section 99-uu to
read as follows:
§ 99-UU. SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE A FUND TO BE KNOWN AS THE SNAP AND CASH ASSISTANCE FRAUD
VICTIMS COMPENSATION FUND, HEREINAFTER REFERRED TO AS THE "FUND".
2. MONEY ALLOCATED TO THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE
COMMINGLED WITH ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER.
3. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH ACCOUNT, MONEYS TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW,
MONIES RECEIVED FROM CIVIL PENALTIES REGARDING THE SUPPLEMENTAL NUTRI-
TION ASSISTANCE PROGRAM, CONTRIBUTIONS CONSISTING OF PROMISES OR GRANTS
OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE, OR ANY OTHER THING OF
VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY OF
GOVERNMENT AND MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY
OTHER LAW TO BE PAID INTO OR CREDITED TO THIS ACCOUNT.
4. MONEY EXPENDED FROM SUCH FUND SHALL BE USED CONSISTENT WITH THE
SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION PROGRAM AS ESTAB-
LISHED UNDER SECTION NINETY-FIVE-B OF THE SOCIAL SERVICES LAW.
§ 3. This act shall take effect immediately.
PART HH
Section 1. The social services law is amended by adding a new section
131-y to read as follows:
§ 131-Y. YOUTH EMPLOYMENT IMMERSION PILOT PROGRAM. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "OFFICE" MEANS THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
(B) "PROGRAM" MEANS THE YOUTH EMPLOYMENT IMMERSION PILOT PROGRAM
ESTABLISHED UNDER THIS SECTION.
(C) "ELIGIBLE YOUTHS AND YOUNG ADULTS" MEANS ECONOMICALLY DISADVAN-
TAGED STATE RESIDENTS WHO ARE BETWEEN THE AGES OF SIXTEEN AND TWENTY-
FOUR WHO ARE NOT CURRENTLY EMPLOYED, AND (I) FOR THOSE AGE SIXTEEN
THROUGH EIGHTEEN, ARE ENROLLED IN HIGH SCHOOL OR A HIGH SCHOOL EQUIV-
ALENCY PROGRAM, OR (II) FOR THOSE AGE NINETEEN THROUGH TWENTY-FOUR, HAVE
GRADUATED FROM HIGH SCHOOL OR RECEIVED HIGH SCHOOL EQUIVALENCY. THE TERM
"ELIGIBLE YOUTHS AND YOUNG ADULTS" SHALL NOT INCLUDE INDIVIDUALS WHO
HAVE COMPLETED, OR ARE CURRENTLY ENROLLED IN, POST-SECONDARY EDUCATION,
OR A BUSINESS, PROFESSIONAL, VOCATIONAL, TECHNICAL, OR TRADE SCHOOL
LICENSED OR APPROVED BY THE REGENTS, OR AN APPRENTICESHIP PROGRAM.
(D) "ECONOMICALLY DISADVANTAGED" MEANS STATE RESIDENTS WHO ARE
CURRENTLY RECEIVING SAFETY NET OR FAMILY ASSISTANCE OR WHO RESIDE IN A
HOUSEHOLD THAT WOULD BE ELIGIBLE FOR RECEIPT OF SAFETY NET OR FAMILY
ASSISTANCE BASED ON MEANS TESTING.
S. 9006--B 101
(E) "PROFESSIONAL AND TRANSFERABLE SKILLS" SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(I) COLLABORATION;
(II) COMMUNICATION;
(III) CREATIVITY;
(IV) CRITICAL THINKING; AND
(V) SELF-ADVOCACY.
2. THE OFFICE SHALL ESTABLISH A YOUTH EMPLOYMENT IMMERSION PILOT
PROGRAM. THE PROGRAM SHALL BE ADMINISTERED BY THE LOCAL SOCIAL SERVICES
DISTRICTS WITH SUPERVISION AND REGULATION BY THE OFFICE. THE PROGRAM
SHALL BE FOR ELIGIBLE YOUTHS AND YOUNG ADULTS WHICH SHALL INCLUDE:
(A) UP TO TWENTY-FIVE PERCENT OF AN ELIGIBLE YOUTH OR YOUNG ADULT'S
TIME WITH THE PROGRAM BEING SPENT ON EDUCATION AND EMPLOYMENT READINESS,
INCLUDING, BUT NOT LIMITED TO:
(I) ATTENDING PROGRAMS WHICH TEACH WORKFORCE READINESS, SKILL DEVELOP-
MENT, FINANCIAL LITERACY, OR DIGITAL LITERACY;
(II) EARNING A CERTIFICATION OR LICENSE; OR
(III) BEING PROVIDED WITH JOB PLACEMENT AND RETENTION SERVICES; AND
(B) AT LEAST SEVENTY-FIVE PERCENT OF AN ELIGIBLE YOUTH OR YOUNG
ADULT'S TIME WITH THE PROGRAM BEING SPENT ENGAGING IN PAID EMPLOYMENT
THAT BUILDS PROFESSIONAL AND TRANSFERABLE SKILLS.
3. THE PROGRAM SHALL PERMIT ELIGIBLE YOUTHS AND YOUNG ADULTS TO APPLY
FOR PARTICIPATION IN THE PROGRAM FOR A PERIOD OF UP TO ONE YEAR. YOUTH
AND YOUNG ADULTS SHALL NOT BE PERMITTED TO REMAIN AS A PARTICIPANT IN
THE PROGRAM IF THEY (I) ARE AGES AGE SIXTEEN THROUGH EIGHTEEN AND DROP
OUT OF HIGH SCHOOL; OR (II) OTHERWISE ENTER POST-SECONDARY EDUCATION, OR
A BUSINESS, PROFESSIONAL, VOCATIONAL, TECHNICAL, OR TRADE SCHOOL
LICENSED OR APPROVED BY THE BOARD OF REGENTS OR AN APPRENTICESHIP
PROGRAM WHILE ENROLLED IN THE PROGRAM.
4. YOUTHS AND YOUNG ADULTS WHO COMPLETE A FULL YEAR OF THE PROGRAM
SHALL HAVE THE OPTION OF RE-APPLYING TO EXTEND THEIR PARTICIPATION IN
THE PROGRAM BY ONE YEAR IF THEY REMAIN ELIGIBLE YOUTHS AND YOUNG ADULTS
PURSUANT TO THE CRITERIA SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
5. THE PROGRAM SHALL PERFORM OUTREACH TO ELIGIBLE YOUTHS AND YOUNG
ADULTS AT: HIGH SCHOOL EQUIVALENCY PROGRAMS; HIGH SCHOOLS, SPECIFICALLY
REACHING OUT TO STUDENTS WHO DO NOT HAVE PLANS AFTER GRADUATION; AND
PUBLIC ASSISTANCE WORK READINESS PROGRAMS. THE PROGRAM SHALL ALSO REACH
OUT TO YOUTHS AND YOUNG ADULTS WHO ARE BEING RELEASED BY THE CRIMINAL
JUSTICE SYSTEM OR NON-SECURE PLACEMENT PROGRAMS.
6. THE PROGRAM MAY PROVIDE EMPLOYERS WITH SUBSIDIES OF UP ONE-THIRD OF
THE GROSS WAGES FOR UP TO ONE YEAR FOR THE HIRING OF A PARTICIPANT IN
THE PROGRAM.
7. PROGRAM PARTICIPANTS SHALL BE COMPENSATED FOR EMPLOYMENT, EDUCATION
AND EMPLOYMENT READINESS COMPONENTS AT A RATE EQUAL TO TWO HUNDRED
SIXTY-FIVE PERCENT OF THE FEDERAL POVERTY LINE.
§ 2. 1. A youth or young adult employment immersion pilot program is
hereby established by the office. The office shall select three local
social services districts, with one being located in the city of New
York, and the others reflecting geographic diversity. The pilot program
shall be established and operational within 9 months of the effective
date of this act and remain operational for a minimum of 24 months to
provide eligible youth and young adults with services and employment or
connection to employment for the full duration of the pilot.
(a) The local social services district may operate the program in
coordination with the applicable local youth bureau.
S. 9006--B 102
(b) Nothing in this section shall limit a local social services
district or youth bureau from contracting with a not-for-profit entity
to effectuate the youth employment immersion pilot program.
2. Throughout the pilot, the local social services district shall
evaluate program participants and report the following information to
the office, on a schedule determined by the office, which does not
include any personally identifying information of any pilot program
participant:
(a) the number of participants and the length of time each participant
was in the pilot program;
(b) the number of participants who obtained certifications and/or
credentials during their participation in the pilot program;
(c) the number of participants who obtained gainful employment during
the course of the pilot program; and
(d) any other information requested by the office.
3. The office shall prepare and submit the report, containing the data
analyzation, annually to the governor, the temporary president of the
senate, the speaker of the assembly, the chair of the assembly committee
on social services, and the chair of the senate committee on social
services no later than ninety days following the conclusion of the two
year pilot program.
4. For the purposes of this section, the term "office" shall mean the
office of temporary and disability assistance.
§ 3. Subparagraph (ix) of paragraph (a) of subdivision 8 of section
131-a of the social services law, as added by section 1 of subpart D of
part XX of chapter 55 of the laws of 2020, is amended to read as
follows:
(ix) all of the income derived from participation in the summer youth
employment program OR YOUTH EMPLOYMENT IMMERSION PILOT PROGRAM, provided
however, that such income shall be exempt only for an individual who is
not older than age twenty-four at the time of enrollment in the summer
youth employment program OR YOUTH EMPLOYMENT IMMERSION PILOT PROGRAM and
such disregard must be applied for the length of the individual's
participation in such program. THE COMMISSIONER SHALL SEEK ANY FEDERAL
WAIVER NECESSARY TO EFFECTUATE THE ONE-TIME EARNED INCOME DISREGARD
PURSUANT TO THIS SUBDIVISION.
§ 4. The office of temporary and disability assistance shall submit to
the United States Department of Health and Human Services and the United
States Department of Agriculture Food and Nutrition Service any amend-
ments to the state plan which are necessary to effectuate the provisions
of this act.
§ 5. This act shall take effect immediately; provided, however, that:
(a) sections one, two and three of this act shall take effect upon
approval by the United States Department of Health and Human Services
and the United States Department of Agriculture Food and Nutrition
Service of the amendments to the state plan submitted by the office of
temporary and disability assistance pursuant to section four of this
act;
(b) the office of temporary and disability assistance shall notify the
legislative bill drafting commission upon the occurrence of the approval
of the amendments in the state plan provided for under paragraph (a) of
this section 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; and
S. 9006--B 103
(c) 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 II
Section 1. The private housing finance law is amended by adding a new
article 31-A to read as follows:
ARTICLE 31-A
JOBS AND HOUSING ACT
SECTION 1283. SHORT TITLE.
1284. DEFINITIONS.
1285. JOBS AND HOUSING PILOT PROGRAM.
1286. REPORT.
§ 1283. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "JOBS AND HOUSING PILOT PROGRAM".
§ 1284. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "AGENCY" SHALL MEAN THE HOUSING FINANCE AGENCY ESTABLISHED PURSUANT
TO SECTION FORTY-THREE OF THIS CHAPTER.
2. "ELIGIBLE PROJECT" SHALL MEAN PRESERVATION OF BUILDINGS OWNED UNDER
ARTICLE TWO, FOUR, FIVE, OR ELEVEN OF THIS CHAPTER AND OPERATED AS COOP-
ERATIVE HOUSING OR NEW CONSTRUCTION OF RENTAL OR OWNERSHIP MULTIPLE
DWELLINGS AFFORDABLE TO PERSONS OF LOW AND MODERATE INCOMES.
3. "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAIN-
ING AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND BONA FIDE BUILDING AND
CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS
THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL
PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR
ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT.
4. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO A
WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR,
GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW
CLEANER; PROVIDED, HOWEVER, THAT BUILDING SERVICE EMPLOYEE SHALL NOT
INCLUDE PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER
WEEK.
§ 1285. JOBS AND HOUSING PILOT PROGRAM. 1. WITHIN AMOUNTS APPROPRIATED
OR OTHERWISE AVAILABLE THEREFOR, THE AGENCY SHALL DEVELOP AND ADMINISTER
A JOBS AND HOUSING PILOT PROGRAM TO CONSTRUCT AND PRESERVE HOUSING,
INCLUDING WORKFORCE HOUSING, THAT IS AFFORDABLE TO LOW AND MODERATE
INCOME PERSONS, AND CREATES GOOD JOBS FOR THOSE WHO BUILD AND WORK IN
SUCH HOUSING. THE AGENCY IS HEREBY AUTHORIZED TO TAKE ADMINISTRATIVE
ACTIONS WHEN NECESSARY TO COMPLY WITH THE REQUIREMENTS WITHIN THIS ARTI-
CLE.
2. THE AGENCY SHALL POST ON ITS WEBSITE THE REQUEST FOR APPLICATIONS
FOR ELIGIBLE PROJECTS TO APPLY FOR FUNDING AWARDS.
3. IN ORDER TO QUALIFY FOR A FUNDING AWARD UNDER THE PROGRAM, THE
APPLICANT SHALL:
(A) DEMONSTRATE A PLAN TO USE CONTRACTORS THAT PARTICIPATE IN APPREN-
TICESHIP PROGRAMS REGISTERED PURSUANT TO ARTICLE TWENTY-THREE OF THE
LABOR LAW; AND
S. 9006--B 104
(B) ATTEST TO RESPONSIBILITY FOR ENSURING THAT ALL DEMOLITION,
CONSTRUCTION, REHABILITATION, RENOVATION, RETROFIT OR REPAIR WORK IS
SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW, INCLUDING THE APPLICABLE
PREVAILING WAGE PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
AS PART OF SUCH ATTESTATION, THE APPLICANT SHALL AGREE TO JOINT AND
SEVERAL RESPONSIBILITY FOR ANY PENALTIES ASSESSED UNDER ARTICLE EIGHT OF
THE LABOR LAW THAT ARE AGAINST ANY CONTRACTOR OR SUBCONTRACTOR ON THE
APPLICANT'S ELIGIBLE PROJECT UNDER THIS PROGRAM. WHERE THE APPLICANT
AGREES TO ENTER INTO A PROJECT LABOR AGREEMENT, THIS PARAGRAPH SHALL NOT
APPLY; AND
(C) ATTEST TO RESPONSIBILITY FOR ENSURING THAT ALL BUILDING SERVICE
EMPLOYEES EMPLOYED BY THE APPLICANT FOR AN ELIGIBLE PROJECT SUBJECT TO
THIS ARTICLE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE ELIGI-
BLE PROJECT. AS PART OF SUCH ATTESTATION, THE APPLICANT SHALL AGREE TO
JOINT AND SEVERAL RESPONSIBILITY FOR ANY PENALTIES ASSESSED UNDER ARTI-
CLE NINE OF THE LABOR LAW THAT ARE AGAINST ANY CONTRACTOR OR SUBCONTRAC-
TOR ON THE APPLICANT'S ELIGIBLE PROJECT UNDER THIS PROGRAM; AND
(D) DEMONSTRATE A COMMITMENT TO UTILIZING FINANCING, IN PART, FROM A
LABOR ORGANIZATION'S PENSION FUND OR A COMMINGLED FUND OF PENSION FUND
INVESTMENTS WITH A DEMONSTRATED TRACK RECORD OF SUCCESSFUL INVESTMENT IN
BOTH NEW CONSTRUCTION AND SUBSTANTIAL REHABILITATION OF AFFORDABLE HOUS-
ING.
4. NOTHING IN THIS ARTICLE SHALL IMPAIR ELIGIBLE PROJECTS RECEIVING
FUNDING AWARDS UNDER THIS ARTICLE FROM CONCURRENTLY RECEIVING FUNDING OR
BENEFITS FOR THE CONSTRUCTION OR PRESERVATION OF HOUSING, INCLUDING BUT
NOT LIMITED TO REAL PROPERTY TAX EXEMPTIONS, TAX CREDIT FINANCING, BOND
FINANCING, SUBORDINATE DEBT, GRANTS, CREDIT ENHANCEMENT AND GUARANTEES,
AND OTHER SUCH FUNDING OR BENEFITS AS MAY BE NECESSARY TO ENSURE THE
FEASIBILITY OF ELIGIBLE PROJECTS RECEIVING FUNDING AWARDS UNDER THIS
ARTICLE.
5. TO CERTIFY COMPLIANCE WITH SUBDIVISION THREE OF THIS SECTION, THE
AGENCY SHALL DESIGNATE THE FISCAL OFFICER PURSUANT TO ARTICLE EIGHT AND
ARTICLE NINE OF THE LABOR LAW AS THE ENFORCEMENT OFFICER ON SUCH ELIGI-
BLE PROJECTS.
§ 1286. REPORT. 1. NO LATER THAN THREE YEARS FOLLOWING THE EFFECTIVE
DATE OF THIS ARTICLE, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
SHALL ISSUE A REPORT ON THE JOBS AND HOUSING PILOT PROGRAM CONTAINING
DATA ON PROGRAM APPLICATIONS AND AWARDS. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(A) THE NUMBER OF APPLICATIONS FOR FUNDING RECEIVED;
(B) THE NUMBER OF APPLICATIONS SELECTED FOR AWARD AND CONTRACT;
(C) THE AMOUNT OF FUNDING DISBURSED, BY ELIGIBLE PROJECT;
(D) THE NUMBER OF NEW HOUSING UNITS FINANCED; AND
(E) THE NUMBER OF PRESERVED HOUSING UNITS FINANCED.
2. SUCH REPORT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
SHALL BE POSTED AND MADE PUBLICLY AVAILABLE ON THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL'S WEBSITE IN A CLEAR AND CONSPICUOUS MANNER.
§ 2. This act shall take effect immediately.
PART JJ
Section 1. The state finance law is amended by adding a new section
99-uu to read as follows:
§ 99-UU. NEW YORK STATE WORKER PROTECTION AND LABOR LAW ENFORCEMENT
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND
S. 9006--B 105
TO BE KNOWN AS THE NEW YORK STATE WORKER PROTECTION AND LABOR LAW
ENFORCEMENT FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONETARY DAMAGES AND PENALTIES
RECOVERED BY THE DEPARTMENT OF LABOR FOR EMPLOYER VIOLATIONS, UNLESS
OTHERWISE DESIGNATED, OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN,
NINETEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF
THE LABOR LAW OR WITH ANY REGULATIONS RELATED THERETO AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW; PROVIDED, HOWEVER THAT NO MONIES DUE AND OWING TO ANY OTHER PARTY
SHALL BE DEDICATED TO THE FUND. 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 MONIES IN THE FUND, AFTER APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO THE COMMISSIONER OF LABOR FOR THE SOLE PURPOSE OF
SUPPLEMENTING THE DEPARTMENT'S LABOR LAW ENFORCEMENT DUTIES; PROVIDED,
HOWEVER, THAT SUCH FUNDING SHALL BE APPROPRIATED IN ADDITION TO ANY
OTHER MONIES APPROPRIATED TO THE DEPARTMENT FOR THE STATE FISCAL YEAR IN
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
4. ON OR BEFORE JANUARY FIRST OF EACH YEAR, THE DEPARTMENT OF LABOR
SHALL PROVIDE A WRITTEN REPORT DETAILING HOW THE MONIES OF THE FUND WERE
UTILIZED DURING THE PRECEDING FISCAL YEAR. SUCH REPORT SHALL BE PROVIDED
TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON LABOR,
THE CHAIR OF THE ASSEMBLY LABOR COMMITTEE, AND THE STATE COMPTROLLER.
SUCH REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL
INCLUDE:
(A) THE NUMBER OF ENFORCEMENT PROCEEDINGS INITIATED FOR EMPLOYER
VIOLATIONS OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN, NINE-
TEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF THE
LABOR LAW OR ANY REGULATIONS RELATED THERETO, THE NAME OF THE ENTITY
AGAINST WHICH SUCH PROCEEDING WAS INITIATED AND THE AMOUNT COLLECTED FOR
EACH SUCH PROCEEDING, IF ANY;
(B) THE AMOUNT OF MONEY AVAILABLE AND DISPERSED FROM THE FUND OVER THE
PREVIOUS TWELVE MONTHS;
(C) A DESCRIPTION ON HOW SUCH MONIES WERE USED, INCLUDING THE NUMBER
OF ENFORCEMENT PERSONNEL HIRED OR SUPPORTED BY SUCH MONIES; AND
(D) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE NEXT FISCAL YEAR.
§ 2. This act shall take effect April 1, 2026.
PART KK
Section 1. Subdivisions 3, 4, and 5 of section 27-b of the labor law,
as added by chapter 82 of the laws of 2006, are amended to read as
follows:
3. Risk evaluation and determination. Every employer shall evaluate
its workplace or workplaces to determine the presence of factors or
situations in such workplace or workplaces that might place employees at
risk of occupational assaults and homicides. Examples of such factors
shall include, but not BE limited to:
a. working in public settings (e.g., social services or other govern-
mental workers, police officers, firefighters, teachers, public trans-
portation drivers, health care workers, and service workers);
b. working late night or early morning hours;
S. 9006--B 106
c. exchanging money with the public;
d. working alone or in small numbers;
e. ABUSIVE CONDUCT AND BULLYING IN THE WORKPLACE;
F. uncontrolled access to the workplace; and
[f.] G. areas of previous security problems.
4. Written workplace violence prevention program. Every employer with
at least twenty full time permanent employees shall develop and imple-
ment a written workplace violence prevention program for its workplace
or workplaces that includes the following:
a. a list of the risk factors identified in subdivision three of this
section that are present in such workplace or workplaces;
b. the methods the employer will use to prevent incidents of occupa-
tional assaults and homicides at such workplace or workplaces, including
but not limited to the following:
(1) making high-risk areas more visible to more people;
(2) installing good external lighting;
(3) using drop safes or other methods to minimize cash on hand;
(4) posting signs stating that limited cash is on hand;
(5) providing training in conflict resolution and nonviolent self-de-
fense responses; and
(6) establishing and implementing reporting systems for incidents of
aggressive behavior, ABUSIVE CONDUCT, AND BULLYING.
5. Employee information and training. a. Every employer with at least
twenty permanent full time employees shall make the written workplace
violence prevention program available, upon request, to its employees,
their designated representatives and the department.
b. Every employer shall provide its employees with [the following]
information and training on PREVENTING AND REPORTING WORKPLACE BULLYING
AND ABUSIVE CONDUCT AND the risks of occupational assaults and homicides
in their workplace or workplaces at the time of their initial assignment
and annually thereafter:
(1) employees shall be informed of the requirements of this section,
the risk factors in their workplace or workplaces, and the location and
availability of the written workplace violence prevention program
required by this section; and
(2) employee training shall include at least: (a) HOW HOW TO IDENTIFY
AND REPORT WORKPLACE BULLYING AND ABUSIVE CONDUCT AND the measures
employees can take to protect themselves from such risks, including
specific procedures the employer has implemented to protect employees,
such as appropriate work practices, emergency procedures, use of securi-
ty alarms and other devices, and (b) the details of the written work-
place violence prevention program developed by the employer.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART LL
Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
tion law is amended by adding a new subparagraph 1-a to read as follows:
(1-A) THE TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO A STATE-OPERATED INSTITUTION OF THE STATE UNIVERSI-
TY TO ATTEND ONE CLASS PER SEMESTER WITHOUT THE PAYMENT OF TUITION AND
FEES IF SUCH STUDENT SERVES AS AN ACTIVE VOLUNTEER FIREFIGHTER, AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN OF THE GENERAL
MUNICIPAL LAW, VOLUNTEER EMERGENCY MEDICAL SERVICES PROVIDER, OR VOLUN-
TEER AUXILIARY POLICE OFFICER, PROVIDED THAT THE PROVISIONS OF THIS
S. 9006--B 107
SUBPARAGRAPH SHALL ONLY APPLY TO COSTS OF COURSES TAKEN TOWARD THE
COMPLETION OF ONE UNDERGRADUATE DEGREE PROGRAM.
(I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
(A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM, PROVIDED THAT AT THE TIME OF APPLICATION, SUCH STUDENT
SUBMITS PROOF OF MEMBERSHIP IN GOOD STANDING OF A VOLUNTEER FIRE COMPANY
OR DEPARTMENT, VOLUNTEER EMERGENCY MEDICAL SERVICES PROVIDER OR A VOLUN-
TEER AUXILIARY POLICE OFFICER OF A POLICE DEPARTMENT WITHIN THE STATE OF
NEW YORK.
(B) THE STUDENT SHALL BE REQUIRED TO MAINTAIN STATUS AS A MEMBER IN
GOOD STANDING OF THE VOLUNTEER FIRE COMPANY OR DEPARTMENT, VOLUNTEER
EMERGENCY MEDICAL SERVICE PROVIDER OR POLICE DEPARTMENT IN WHICH SUCH
STUDENT SERVES AS AN AUXILIARY POLICE OFFICER THROUGH THE COMPLETION OF
SUCH STUDENT'S ACADEMIC PROGRAM.
(C) THE STUDENT SHALL BE REQUIRED TO MAINTAIN A CUMULATIVE GRADE POINT
AVERAGE (G.P.A.) OF AT LEAST 2.5 IN ORDER TO REMAIN ELIGIBLE FOR THE
PROGRAM.
(II) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
SUBPARAGRAPH SHALL BE REQUIRED TO APPLY FOR TUITION ASSISTANCE PROGRAM
FUNDING. FUNDS AWARDED ON THE TUITION ASSISTANCE PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS CLAUSE.
(III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
SUBPARAGRAPH AND IS OTHERWISE ELIGIBLE FOR THE EXCELSIOR SCHOLARSHIP
PROGRAM SHALL BE REQUIRED TO APPLY FOR SAME. FUNDS AWARDED THROUGH THE
EXCELSIOR SCHOLARSHIP PROGRAM SHALL BE APPLIED TOWARDS THE COST OF
TUITION PRIOR TO AN AWARD UNDER THIS CLAUSE.
(IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
§ 2. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (h) to read as follows:
(H) THE TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO AN INSTITUTION OPERATED BY THE CITY UNIVERSITY TO
ATTEND ONE CLASS PER SEMESTER WITHOUT THE PAYMENT OF TUITION AND FEES IF
SUCH STUDENT SERVES AS AN ACTIVE VOLUNTEER FIREFIGHTER, AS DEFINED IN
SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN OF THE GENERAL MUNICI-
PAL LAW, VOLUNTEER EMERGENCY MEDICAL SERVICES PROVIDER, OR VOLUNTEER
AUXILIARY POLICE OFFICER, PROVIDED THAT THE PROVISIONS OF THIS PARAGRAPH
SHALL ONLY APPLY TO COSTS OF COURSES TAKEN TOWARD THE COMPLETION OF ONE
UNDERGRADUATE DEGREE PROGRAM.
(I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
(A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM, PROVIDED THAT AT THE TIME OF APPLICATION, SUCH STUDENT
SUBMITS PROOF OF MEMBERSHIP IN GOOD STANDING OF A VOLUNTEER FIRE COMPANY
OR DEPARTMENT, VOLUNTEER MEDICAL SERVICES PROVIDER OR A VOLUNTEER AUXIL-
IARY POLICE OFFICER OF A POLICE DEPARTMENT WITHIN THE STATE OF NEW YORK.
(B) THE STUDENT SHALL BE REQUIRED TO MAINTAIN STATUS AS A MEMBER IN
GOOD STANDING OF THE VOLUNTEER FIRE COMPANY OR DEPARTMENT, VOLUNTEER
EMERGENCY MEDICAL SERVICE PROVIDER OR POLICE DEPARTMENT IN WHICH SUCH
STUDENT SERVES AS AN AUXILIARY POLICE OFFICER THROUGH THE COMPLETION OF
SUCH STUDENT'S ACADEMIC PROGRAM.
(C) THE STUDENT SHALL BE REQUIRED TO MAINTAIN A CUMULATIVE GRADE POINT
AVERAGE (G.P.A.) OF AT LEAST 2.5 IN ORDER TO REMAIN ELIGIBLE FOR THE
PROGRAM.
S. 9006--B 108
(II) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO APPLY FOR TUITION ASSISTANCE PROGRAM
FUNDING. FUNDS AWARDED ON THE TUITION ASSISTANCE PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
(III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
SUBPARAGRAPH AND IS OTHERWISE ELIGIBLE FOR THE EXCELSIOR SCHOLARSHIP
PROGRAM SHALL BE REQUIRED TO APPLY FOR SAME. FUNDS AWARDED THROUGH THE
EXCELSIOR SCHOLARSHIP PROGRAM SHALL BE APPLIED TOWARDS THE COST OF
TUITION PRIOR TO AN AWARD UNDER THIS CLAUSE.
(IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
§ 3. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph e to read as follows:
E. THE TRUSTEES, SPONSORS OR OTHER GOVERNING BODY OF A COMMUNITY
COLLEGE SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO HAS BEEN
ADMITTED TO SUCH COMMUNITY COLLEGE TO ATTEND ONE CLASS PER SEMESTER
WITHOUT THE PAYMENT OF TUITION AND FEES IF SUCH STUDENT SERVES AS AN
ACTIVE VOLUNTEER FIREFIGHTER, AS DEFINED IN SUBDIVISION ONE OF SECTION
TWO HUNDRED FIFTEEN OF THE GENERAL MUNICIPAL LAW, VOLUNTEER EMERGENCY
MEDICAL SERVICES PROVIDER, OR VOLUNTEER AUXILIARY POLICE OFFICER,
PROVIDED THAT THE PROVISIONS OF THIS SUBPARAGRAPH SHALL ONLY APPLY TO
COSTS OF COURSES TAKEN TOWARD THE COMPLETION OF ONE UNDERGRADUATE
DEGREE PROGRAM.
(I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
(A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM, PROVIDED THAT AT THE TIME OF APPLICATION, SUCH STUDENT
SUBMITS PROOF OF MEMBERSHIP IN GOOD STANDING OF A VOLUNTEER FIRE COMPANY
OR DEPARTMENT, VOLUNTEER MEDICAL SERVICES PROVIDER OR A VOLUNTEER AUXIL-
IARY POLICE OFFICER OF A POLICE DEPARTMENT WITHIN THE STATE OF NEW YORK.
(B) THE STUDENT SHALL BE REQUIRED TO MAINTAIN STATUS AS A MEMBER IN
GOOD STANDING OF THE VOLUNTEER FIRE COMPANY OR DEPARTMENT, VOLUNTEER
EMERGENCY MEDICAL SERVICE PROVIDER OR POLICE DEPARTMENT IN WHICH SUCH
STUDENT SERVES AS AN AUXILIARY POLICE OFFICER THROUGH THE COMPLETION OF
SUCH STUDENT'S ACADEMIC PROGRAM.
(C) THE STUDENT SHALL BE REQUIRED TO MAINTAIN A CUMULATIVE GRADE POINT
AVERAGE (G.P.A.) OF AT LEAST 2.5 IN ORDER TO REMAIN ELIGIBLE FOR THE
PROGRAM.
(II) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO APPLY FOR TUITION ASSISTANCE PROGRAM
FUNDING. FUNDS AWARDED ON THE TUITION ASSISTANCE PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
(III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
SUBPARAGRAPH AND IS OTHERWISE ELIGIBLE FOR THE EXCELSIOR SCHOLARSHIP
PROGRAM SHALL BE REQUIRED TO APPLY FOR SAME. FUNDS AWARDED THROUGH THE
EXCELSIOR SCHOLARSHIP PROGRAM SHALL BE APPLIED TOWARDS THE COST OF
TUITION PRIOR TO AN AWARD UNDER THIS CLAUSE.
(IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
§ 4. This act shall take effect July 1, 2027.
PART MM
S. 9006--B 109
Section 1. Section 200 of the workers' compensation law, as amended by
section 1 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 200. Short title. This article shall be known and may be cited as
the "disability [benefits law] and [the] paid family leave benefits
law."
§ 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
sation law, subdivision 14 as amended and subdivisions 15 and 22 as
added by section 2 of part SS of chapter 54 of the laws of 2016, are
amended to read as follows:
14. "A day of disability" means any day on which the employee was
prevented from performing work because of disability[, including any day
which the employee uses for family leave,] and for which the employee
has not received [his or her] THE EMPLOYEE'S regular remuneration.
15. "Family leave" shall mean any leave taken by an employee from
work: (a) to participate in providing care, including physical or
psychological care, for a family member of the employee made necessary
by a serious health condition of the family member; or (b) to bond with
the employee's child during the first twelve months after the child's
birth, or the first twelve months after the placement of the child for
adoption or foster care with the employee OR ON OR AFTER JANUARY FIRST,
TWO THOUSAND TWENTY-SEVEN UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-ONE,
FOR THE SIX WEEKS IMMEDIATELY FOLLOWING A PREGNANCY LOSS IF THE EMPLOYEE
WHO EXPERIENCED THE PREGNANCY LOSS HAD BEEN DEEMED ELIGIBLE TO TAKE
FAMILY LEAVE BENEFITS UNDER THIS ARTICLE BASED ON AN EXPECTED BIRTH OR
PLACEMENT AND WOULD OTHERWISE SUBSEQUENTLY BE DEEMED INELIGIBLE FOR
FAMILY LEAVE BENEFITS DUE TO PREGNANCY LOSS; or (c) because of any qual-
ifying exigency as interpreted under the family and medical leave act,
29 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126[(a)(1)-(8)], arising
out of the fact that the spouse, domestic partner, child, or parent of
the employee is on active duty (or has been notified of an impending
call or order to active duty) in the armed forces of the United States.
22. "Health care provider" shall mean for the purpose of [family
leave] THIS ARTICLE, a person licensed under article one hundred thir-
ty-one, one hundred thirty-one-B, one hundred thirty-two, one hundred
thirty-three, one hundred thirty-six, one hundred thirty-nine, one
hundred forty-one, one hundred forty-three, one hundred forty-four, one
hundred fifty-three, one hundred fifty-four, one hundred fifty-six or
one hundred fifty-nine of the education law or a person licensed under
the public health law, article one hundred forty of the education law or
article one hundred sixty-three of the education law.
§ 3. Section 203-a of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-a. Retaliatory action prohibited for [family] leave. 1. The
provisions of section one hundred twenty of this chapter and section two
hundred forty-one of this article shall be applicable to family AND
DISABILITY leave.
2. Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any collective bargaining
agreement or employment contract.
§ 4. Section 203-b of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-b. Reinstatement following [family] leave. Any eligible employee
of a covered employer who takes leave under this article shall be enti-
S. 9006--B 110
tled, on return from such leave, to be restored by the employer to the
position of employment held by the employee when the leave commenced, or
to be restored to a comparable position with comparable employment bene-
fits, pay and other terms and conditions of employment. The taking of
family OR DISABILITY leave shall not result in the loss of any employ-
ment benefit accrued prior to the date on which the leave commenced.
Nothing in this section shall be construed to entitle any restored
employee to the accrual of any seniority or employment benefits during
any period of leave, or any right, benefit or position to which the
employee would have been entitled had the employee not taken the leave.
§ 5. Section 203-c of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-c. Health insurance during [family] leave. In accordance with
the Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any
period of family OR DISABILITY leave the employer shall maintain any
existing health benefits of the employee in force for the duration of
such leave as if the employee had continued to work from the date [he or
she] THE EMPLOYEE commenced family OR DISABILITY leave until the date
[he or she] THE EMPLOYEE returns to employment.
§ 5-a. Section 203-c of the workers' compensation law, as amended by
chapter 72 of the laws of 2026, is amended to read as follows:
§ 203-c. Health insurance during [family] leave. In accordance with
the Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any
period of family OR DISABILITY leave the employer shall maintain any
existing health benefits of the employee in force for the duration of
such leave as if the employee had continued to work from the date such
employee commenced family OR DISABILITY leave until the date such
employee returns to employment. Notwithstanding the foregoing,
construction employees shall maintain any existing union health plan or
fund benefits in force for the duration of family OR DISABILITY leave as
if the construction employee had continued to work from the date they
commenced family OR DISABILITY leave until the date the construction
employee returns to employment. Nothing herein prevents parties to a
collective bargaining agreement for construction employees from provid-
ing additional terms including, but not limited to, payment of health
contributions for such employees on leave time, whether leave time is
considered hours worked for purposes of eligibility in the health plan
or fund, or other terms that do not conflict with this section.
§ 6. Section 204 of the workers' compensation law, as amended by
section 5 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 204. Disability and family leave during employment. 1. Disability
benefits shall be payable to an eligible employee for disabilities,
beginning with the eighth day of disability and thereafter during the
continuance of disability, subject to the limitations as to maximum and
minimum amounts and duration and other conditions and limitations in
this section and in sections two hundred five and two hundred six of
this article. Family leave benefits shall be payable to an eligible
employee for the first full day when family leave is required and there-
after during the continuance of the need for family leave, subject to
the limitations as to maximum and minimum amounts and duration and other
conditions and limitations in this section and in sections two hundred
five and two hundred six of this article. Successive periods of disabil-
ity or family leave caused by the same or related injury or sickness OR
S. 9006--B 111
QUALIFYING EVENT shall be deemed a single period of disability or family
leave only if separated by less than three months.
2. (a) The weekly benefit for family leave that occurs (i) on or after
January first, two thousand eighteen shall not exceed eight weeks during
any fifty-two week calendar period and shall be fifty percent of the
employee's average weekly wage but shall not exceed fifty percent of the
state average weekly wage, (ii) on or after January first, two thousand
nineteen shall not exceed ten weeks during any fifty-two week calendar
period and shall be fifty-five percent of the employee's average weekly
wage but shall not exceed fifty-five percent of the state average weekly
wage, (iii) on or after January first, two thousand twenty shall not
exceed ten weeks during any fifty-two week calendar period and shall be
sixty percent of the employee's average weekly wage but shall not exceed
sixty percent of the state average weekly wage, and (iv) on or after
January first of each succeeding year, shall not exceed twelve weeks
during any fifty-two week calendar period and shall be sixty-seven
percent of the employee's average weekly wage but shall not exceed
sixty-seven percent of the New York state average weekly wage in effect.
The superintendent of financial services shall have discretion to delay
the increases in the family leave benefit level provided in subpara-
graphs (ii), (iii), and (iv) of this paragraph by one or more calendar
years. In determining whether to delay the increase in the family leave
benefit for any year, the superintendent of financial services shall
consider: (1) the current cost to employees of the family leave benefit
and any expected change in the cost after the benefit increase; (2) the
current number of insurers issuing insurance policies with a family
leave benefit and any expected change in the number of insurers issuing
such policies after the benefit increase; (3) the impact of the benefit
increase on employers' business and the overall stability of the program
to the extent that information is readily available; (4) the impact of
the benefit increase on the financial stability of the disability and
family leave insurance market and carriers; and (5) any additional
factors that the superintendent of financial services deems relevant. If
the superintendent of financial services delays the increase in the
family leave benefit level for one or more calendar years, the family
leave benefit level that shall take effect immediately following the
delay shall be the same benefit level that would have taken effect but
for the delay. The weekly benefits for family leave that occurs on or
after January first, two thousand eighteen shall not be less than one
hundred dollars per week except that if the employee's wages at the time
of family leave are less than one hundred dollars per week, the employee
shall receive [his or her] THE EMPLOYEE'S full wages. Benefits may be
payable to employees for paid family leave taken intermittently or for
less than a full work week in increments of one full day or one fifth of
the weekly benefit.
(b) THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO
RECEIVE FOR THE FIRST TWELVE WEEKS OF DISABILITY COMMENCING: (I) ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT SHALL BE FIFTY-FIVE
PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY
PERCENT OF THE STATE AVERAGE WEEKLY WAGE; (II) ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-NINE SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S
AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE
AVERAGE WEEKLY WAGE; (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND THIR-
TY SHALL BE SIXTY-SEVEN PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE
BUT SHALL NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND
(IV) ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-
S. 9006--B 112
SEVEN PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY-SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE. THE WEEKLY BENE-
FIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR THE PERIODS
OF DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY AND THROUGH THE TWEN-
TY-SIXTH WEEK OF DISABILITY ON OR AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-EIGHT AND EACH SUCCEEDING YEAR SHALL BE THIRTY PERCENT OF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED THIRTY PERCENT OF
THE STATE AVERAGE WEEKLY WAGE. THE CHAIR OF THE WORKERS' COMPENSATION
BOARD, IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES,
SHALL HAVE DISCRETION TO INCREASE THE BENEFIT LEVEL FOR THE PERIOD OF
DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY THROUGH THE TWENTY-SIXTH
WEEK OF DISABILITY, PROVIDED THAT SUCH BENEFIT SHALL NOT EXCEED SIXTY-
SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE. IN DETERMINING WHETHER
TO INCREASE THE DISABILITY BENEFIT FOR ANY YEAR, THE CHAIR OF THE WORK-
ERS' COMPENSATION BOARD IN CONSULTATION WITH THE SUPERINTENDENT OF
FINANCIAL SERVICES SHALL CONSIDER FACTORS INCLUDING BUT NOT LIMITED TO
UTILIZATION OF THE CURRENT BENEFIT, THE EXPECTED UTILIZATION OF ANY
INCREASE, THE NEED FOR A BENEFIT INCREASE, THE CURRENT CONTRIBUTION COST
TO EMPLOYEES AND EMPLOYERS AND THE EXPECTED COST AFTER ANY SUCH BENEFIT
INCREASE; THE CURRENT NUMBER OF INSURERS ISSUING INSURANCE POLICIES
WITH A DISABILITY BENEFIT AND ANY EXPECTED CHANGE IN THE NUMBER OF
INSURERS ISSUING SUCH POLICIES AFTER THE BENEFIT INCREASE; AND ANY
ADDITIONAL FACTORS THAT THE CHAIR OF THE WORKERS' COMPENSATION BOARD AND
THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. THE WEEKLY
BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILI-
TY LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
EIGHT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT THAT IF
THE EMPLOYEE'S WAGES AT THE TIME OF DISABILITY LEAVE ARE LESS THAN ONE
HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE THE EMPLOYEE'S FULL
WAGES. The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after May first, nineteen
hundred eighty-nine AND PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-
EIGHT shall be one-half of the employee's weekly wage, but in no case
shall such benefit exceed one hundred seventy dollars; except that if
the employee's average weekly wage is less than twenty dollars, the
benefit shall be such average weekly wage. The weekly benefit which the
disabled employee is entitled to receive for disability commencing on or
after July first, nineteen hundred eighty-four shall be one-half of the
employee's weekly wage, but in no case shall such benefit exceed one
hundred forty-five dollars; except that if the employee's average weekly
wage is less than twenty dollars, the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after July first, nineteen
hundred eighty-three and prior to July first, nineteen hundred eighty-
four shall be one-half of the employee's average weekly wage, but in no
case shall such benefit exceed one hundred thirty-five dollars nor be
less than twenty dollars; except that if the employee's average weekly
wage is less than twenty dollars the benefit shall be such average week-
ly wage. The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is entitled to receive
S. 9006--B 113
for disability commencing on or after July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but in no case shall
such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. [For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability.] BENEFITS MAY
BE PAYABLE TO EMPLOYEES FOR DISABILITY LEAVE TAKEN INTERMITTENTLY OR FOR
LESS THAN A FULL WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE-FIFTH OF
THE WEEKLY BENEFIT. The weekly benefit for a disabled employee who is
concurrently eligible for benefits in the employment of more than one
covered employer shall, within the maximum and minimum herein provided,
be one-half of the total of the employee's average weekly wages received
from all such covered employers, and shall be allocated in the propor-
tion of [their] THE EMPLOYEE'S respective average weekly wage payments.
(C) PROVIDED THAT THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION
CONCERNING BENEFITS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT
AND SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION TWO HUNDRED NINE OF THIS ARTICLE MAY BE WAIVED BY A COVERED
EMPLOYER SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT WITH A BONA FIDE
LABOR ORGANIZATION IN EFFECT ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT
FOR EMPLOYEES SUBJECT TO SUCH COLLECTIVE BARGAINING AGREEMENT FOR A
DISABILITY COMMENCING BETWEEN JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT
AND UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-ONE; AND PROVIDED THAT FOR
SUCH WAIVER TO BE VALID, IT SHALL EXPLICITLY REFERENCE THIS SECTION AND
BE AGREED TO BY THE BONA FIDE LABOR ORGANIZATION. NOTHING HEREIN SHALL
PREVENT A COLLECTIVE BARGAINING AGREEMENT FROM PROVIDING TEMPORARY DISA-
BILITY BENEFITS GREATER THAN THE BENEFITS REQUIRED HEREIN.
§ 7. Subdivision 2 of section 206 of the workers' compensation law, as
amended by section 7 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
2. If an employee who is eligible for disability benefits under
section two hundred three or two hundred seven of this article is disa-
bled and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under the volunteer firefighters'
benefit law or the volunteer ambulance workers' benefit law, and such
claim is controverted on the ground that the employee's disability was
not caused by an accident that arose out of and in the course of [his]
THE EMPLOYEE'S employment or by an occupational disease, or by an injury
in line of duty as a volunteer firefighter or volunteer ambulance work-
er, the employee shall be entitled in the first instance to receive
benefits under this article for [his or her] THE EMPLOYEE'S disability.
If benefits have been paid under this article in respect to a disability
alleged to have arisen out of and in the course of the employment or by
reason of an occupational disease, or in line of duty as a volunteer
firefighter or a volunteer ambulance worker, the employer or carrier or
the chair making such payment may, at any time before award of workers'
compensation benefits, or volunteer firefighters' benefits or volunteer
ambulance workers' benefits, is made, file with the board a claim for
reimbursement out of the proceeds of such award to the employee for the
period for which disability benefits were paid to the employee under
this article, and shall have a lien against the FULL award for
reimbursement, notwithstanding the provisions of section thirty-three of
S. 9006--B 114
this chapter or section twenty-three of the volunteer firefighters'
benefit law or section twenty-three of the volunteer ambulance workers'
benefit law provided the insurance carrier liable for payment of the
award receives, before such award is made, a copy of the claim for
reimbursement from the employer, carrier or chair who paid disability
benefits, or provided the board's decision and award directs such
reimbursement therefrom.
§ 8. Paragraph (a) of subdivision 3 of section 209 of the workers'
compensation law, as amended by section 10 of part SS of chapter 54 of
the laws of 2016, is amended to read as follows:
(a) Disability benefits. (I) The contribution of each such employee to
the cost of disability benefits provided by this article shall be one-
half of one per centum of the employee's wages paid to [him or her] THE
EMPLOYEE on and after July first, nineteen hundred fifty, but not in
excess of sixty cents per week.
(II) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE MAXIMUM
EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT
FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS
ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES BUT
SHALL NOT EXCEED TWO DOLLARS AND TWENTY CENTS PER WEEK PROVIDED, HOWEV-
ER, THAT THE EMPLOYEE CONTRIBUTION SHALL BE PURSUANT TO SUBPARAGRAPH (I)
OF THIS PARAGRAPH WHERE SUCH EMPLOYEE IS COVERED UNDER PARAGRAPH (C) OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
(III) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE MAXIMUM
EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT
FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS
ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES, BUT
SHALL NOT EXCEED FORTY PERCENT OF THE AVERAGE OF THE COMBINATION OF ALL
EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR
OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR, AS DETERMINED ANNUALLY
BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO SUBSECTION (N)
OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF THE INSURANCE LAW.
A SELF-INSURER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT OF FINANCIAL
SERVICES FOR THE PURPOSE OF DETERMINING FORTY PERCENT OF THE AVERAGE OF
THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR,
PURSUANT TO SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-
FIVE OF THE INSURANCE LAW.
§ 9. The opening paragraph of section 211 of the workers' compensation
law, as amended by section 12 of part SS of chapter 54 of the laws of
2016, is amended to read as follows:
A covered employer, UNLESS PROVIDED WITH A WAIVER PURSUANT TO SECTION
204(2)(C), shall, with [his or her] SUCH EMPLOYER'S own contributions
and the contributions of [his] SUCH EMPLOYER'S employees, provide disa-
bility and after January first, two thousand eighteen, family leave
benefits to [his or her] SUCH EMPLOYER'S employees in one or more of the
following ways:
§ 10. The opening paragraph and subdivision 1 of section 214 of the
workers' compensation law, as amended by section 26 of part GG of chap-
ter 57 of the laws of 2013, are amended to read as follows:
There is hereby created a fund which shall be known as the special
fund for disability benefits to provide for the payment of [disability]
benefits under sections two hundred seven, two hundred thirteen and
attendance fees under section two hundred thirty-two of this article.
S. 9006--B 115
1. As promptly as practicable after April first, in each year, the
[chairman] CHAIR shall ascertain the condition of the fund, and if as of
any such date the net assets of the fund shall be one million dollars or
more below the sum of twelve million dollars, the [chairman] CHAIR shall
assess and collect an amount sufficient to restore the fund to an amount
equal to twelve million dollars.[.] Such assessment shall be included in
the assessment rate established pursuant to subdivision two of section
one hundred fifty-one of this chapter. Such assessments shall be depos-
ited with the commissioner of taxation and finance and transferred to
the benefit of such fund upon payment of debt service, if any, pursuant
to section one hundred fifty-one of this chapter.
§ 11. Subdivision 1 of section 217 of the workers' compensation law,
as amended by section 16 of part SS of chapter 54 of the laws of 2016,
is amended to read as follows:
1. Written notice and proof of disability or proof of need for family
leave shall be furnished to the employer by or on behalf of the employee
claiming benefits or, in the case of a claimant under section two
hundred seven of this article, to the chair, within thirty days after
commencement of the period of disability. Additional proof shall be
furnished thereafter from time to time as the employer or carrier or
chair may require but not more often than once each week. Such proof
shall include a statement of disability by the employee's [attending
physician or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified nurse midwife
or family leave care recipient's health care provider, or in the case of
an employee who adheres to the faith or teachings of any church or
denomination, and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual means alone in the
practice of religion, by an accredited practitioner,] HEALTH CARE
PROVIDER containing facts and opinions as to such disability in compli-
ance with regulations of the chair. Failure to furnish notice or proof
within the time and in the manner above provided shall not invalidate
the claim but no benefits shall be required to be paid for any period
more than two weeks prior to the date on which the required proof is
furnished unless it shall be shown to the satisfaction of the chair not
to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as possible; provided,
however, that no benefits shall be paid unless the required proof [of
disability] is furnished within the period of actual disability or fami-
ly leave that does not exceed the statutory maximum period permitted
under section two hundred four of this article. No limitation of time
provided in this section shall run as against any disabled employee who
is mentally incompetent, or physically incapable of providing such
notice as a result of a serious medical condition, or a minor so long as
such person has no guardian of the person and/or property.
§ 12. Section 218 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 2 as amended by chapter 809 of
the laws of 1985, is amended to read as follows:
§ 218. [Disability benefit] BENEFIT rights inalienable. 1. Any agree-
ment by an employee to waive [his] THE EMPLOYEE'S rights under this
article shall be void.
2. Disability OR FAMILY LEAVE benefits payable under this article
shall not be assigned or released, except as provided in this article,
and shall be exempt from all claims of creditors and from levy,
execution and attachment or other remedy for recovery or collection of a
debt, which exemption may not be waived provided, however, that such
S. 9006--B 116
benefits shall be subject to an income execution or order for support
enforcement pursuant to section fifty-two hundred forty-one or fifty-two
hundred forty-two of the civil practice law and rules.
§ 13. Section 221 of the workers' compensation law, as amended by
section 19 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 221. Determination of contested claims for disability and family
leave benefits. In accordance with regulations adopted by the chair,
within twenty-six weeks of written notice of rejection of claim, the
employee may file with the chair a notice that [his or her] THE EMPLOY-
EE'S claim for disability or family leave benefits has not been paid,
and the employee shall submit proof of disability or entitlement to
family leave and of [his or her] THE EMPLOYEE'S employment, wages and
other facts reasonably necessary for determination of the employee's
right to such benefits. Failure to file such notice within the time
provided, may be excused if it can be shown not to have been reasonably
possible to furnish such notice and that such notice was furnished as
soon as possible. On demand the employer or carrier shall forthwith
deliver to the board the original or a true copy of the health care
provider's report, wage and employment data and all other documentation
in the possession of the employer or carrier with respect to such claim.
The chair or designee, shall have full power and authority to deter-
mine all issues in relation to every such claim for disability benefits
required or provided under this article, and shall file its decision in
the office of the [chairman] CHAIR. Upon such filing, the [chairman]
CHAIR shall send to the parties a copy of the decision. Either party may
present evidence and be represented by counsel at any hearing on such
claim. The decision of the board shall be final as to all questions of
fact and, except as provided in section twenty-three of this chapter, as
to all questions of law. Every decision shall be complied with in
accordance with its terms within ten days thereafter except as permitted
by law upon the filing of a request for review, and any payments due
under such decision shall draw simple interest from thirty days after
the making thereof at the rate provided in section five thousand four of
the civil practice law and rules. The chair shall adopt rules and regu-
lations to carry out the provisions of this article including but not
limited to resolution of contested claims and requests for review there-
of, and payment of costs for resolution of disputed claims by carriers.
Any designated process shall afford the parties the opportunity to pres-
ent evidence and to be represented by counsel in any such proceeding.
The chair shall have the authority to provide for alternative dispute
resolution procedures for claims arising under DISABILITY AND family
leave, including but not limited to referral and submission of disputed
claims to a neutral arbitrator under the auspices of an alternative
dispute resolution association pursuant to article seventy-five of the
civil practice law and rules. Neutral arbitrator shall mean an arbitra-
tor who does not have a material interest in the outcome of the arbi-
tration proceeding or an existing and substantial relationship, includ-
ing but not limited to pecuniary interests, with a party, counsel or
representative of a party. Any determination made by alternative dispute
resolution shall not be reviewable by the board and the venue for any
appeal shall be to a court of competent jurisdiction.
§ 14. Section 228 of the workers' compensation law, as added by
section 27 of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
S. 9006--B 117
§ 228. Administrative expenses. 1. The estimated annual expenses
necessary for the workers' compensation board to administer the
provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
borne by all affected employers and included as part of the assessment
rate generated pursuant to subdivision two of section one hundred
fifty-one of this chapter.
2. Annually, as soon as practicable after the first day of April, the
chair and department of audit and control shall ascertain the total
amount of actual expenses.
§ 15. Subsection (n) of section 4235 of the insurance law is amended
by adding a new paragraph 4 to read as follows:
(4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST OF EACH
YEAR THE MAXIMUM EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER, AS
DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW, IS
AUTHORIZED TO COLLECT FROM EACH EMPLOYEE FOR THE COST OF DISABILITY
BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION
LAW THROUGH A GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES. BEGINNING JANUARY FIRST, TWO
THOUSAND TWENTY-EIGHT, THE MAXIMUM EMPLOYEE CONTRIBUTION AMOUNT SHALL BE
TWO DOLLARS AND TWENTY CENTS PER WEEK, AND BEGINNING JANUARY FIRST, TWO
THOUSAND THIRTY-ONE, THE MAXIMUM EMPLOYEE CONTRIBUTION SHALL BE ONE-HALF
OF ONE PERCENT OF THE EMPLOYEE'S WAGES BUT SHALL NOT EXCEED FORTY
PERCENT OF THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER
CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
SATION LAW DURING THE PRIOR CALENDAR YEAR, WHICH THE SUPERINTENDENT
SHALL DETERMINE AND PUBLISH ON THE DEPARTMENT'S WEBSITE.
(B) A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
FOR THE PURPOSE OF DETERMINING FORTY PERCENT OF THE AVERAGE OF THE
COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW. A SELF-FUND-
ED EMPLOYER SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
TWO THOUSAND TWENTY-SEVEN THAT SETS FORTH EMPLOYEE AND EMPLOYER CONTRIB-
UTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
LAW FOR THE YEAR ENDING TWO THOUSAND TWENTY-SIX, IN A FORMAT DETERMINED
BY THE SUPERINTENDENT. BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-
EIGHT, AND ANNUALLY THEREAFTER, A SELF-FUNDED EMPLOYER SHALL SUBMIT A
REPORT TO THE SUPERINTENDENT THAT SETS FORTH EMPLOYEE AND EMPLOYER
CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
SATION LAW FOR THE PRIOR CALENDAR YEAR, IN A FORMAT DETERMINED BY THE
SUPERINTENDENT.
§ 16. Section 2605 of the insurance law is amended to read as follows:
§ 2605. Penalty for violating workers' compensation law. The super-
intendent may impose a penalty not to exceed twenty-five hundred dollars
PER VIOLATION upon any insurer required to be licensed under the
provisions of this chapter, if, after notice to and a hearing of such
insurer, [he] THE SUPERINTENDENT finds it has unreasonably failed to
comply with the workers' compensation law.
§ 17. This act shall take effect immediately and shall apply to all
policies issued, renewed, modified, altered, or amended on or after
January 1, 2028; provided, however, that if chapter 651 of the laws of
2025, as amended by chapter 72 of the laws of 2026, shall not have taken
effect on or before such effective date then section five-a of this act
S. 9006--B 118
shall take effect on the same date and in the same manner as such chap-
ter of the laws of 2025, takes effect.
PART NN
Section 1. Subdivision 11 of section 458-a of the real property tax
law, as amended by chapter 77 of the laws of 2026, is amended to read as
follows:
11. In addition to any other exemption from taxation on real property
which may be allowed to veterans pursuant to the provisions of this
chapter, including subdivision three of section four hundred fifty-eight
of this title, the primary residence of any seriously disabled veteran
[who] SHALL BE FULLY EXEMPT FROM TAXATION AND SPECIAL DISTRICT CHARGES,
ASSESSMENTS AND SPECIAL AD VALOREM LEVIES, PROVIDED THAT SUCH VETERAN
MEETS ALL OTHER REQUIREMENTS OF THIS SECTION AND SUCH VETERAN HAS MET AT
LEAST ONE OF THE CRITERIA SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVI-
SION AND AT LEAST ONE OF THE CRITERIA SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION:
(a)(i) was discharged or released therefrom under honorable condi-
tions; OR
(ii) has a qualifying condition, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service; or
(iii) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service; and
(b) (i) is considered to be permanently and totally disabled as a
result of military service; OR
(ii) is rated one hundred percent disabled by the United States
department of veterans affairs[;].
[(iii) has been rated by the United States department of veterans
affairs as individually unemployable; and
(iv) who is eligible for pecuniary assistance from the United States
government, or has received pecuniary assistance from the United States
government and has applied such assistance toward the acquisition or
modification of a suitable housing unit with special features or movable
facilities made necessary by the nature of the veterans' disability, and
the necessary land therefor shall be fully exempt from taxation and
special district charges, assessments and special ad valorem levies,
provided that such veteran meets all other requirements of this
section.]
In no case shall the taxable assessed value of the property of a qual-
ifying veteran be reduced below zero. Nothing contained herein shall be
construed to require or authorize the discontinuance of any exemption
granted pursuant to subdivision three of section four hundred fifty-
eight of this title.
§ 2. This act shall take effect immediately and shall apply to assess-
ment rolls based on taxable status dates occurring on and after October
1, 2026.
PART OO
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:
S. 9006--B 119
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] THEIR 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] THEIR 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] THEIR program or programs of study except in limited
circumstances as prescribed by the corporation in regulation. Notwith-
standing, in the student's last semester, the student may take at least
one course needed to meet [his or her] THEIR 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 Disabili-
ties Act of 1990, 42 USC 12101, the corporation shall prescribe rules
and regulations that allow applicants who are disabled to be eligible
for an award pursuant to this section based on modified criteria; (d)
FOR THE FIRST SEMESTER APPLYING FOR SUCH SCHOLARSHIP, 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 thou-
sand eighteen academic year; (ii) one hundred ten thousand dollars for
recipients receiving an award in the two thousand eighteen--two thousand
nineteen academic year; and (iii) one hundred twenty-five thousand
dollars for recipients receiving an award in the two thousand nineteen-
-two thousand twenty academic year and thereafter; and (e) complies with
the applicable provisions of this article and all requirements promul-
gated 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 other-
wise 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, permanent 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. PROVIDED
FURTHER, HOWEVER, THAT A RECIPIENT'S MAXIMUM ALLOWABLE ADJUSTED GROSS
INCOME SHALL INCREASE BY THREE PER CENTUM AFTER THE FIRST SEMESTER OF
S. 9006--B 120
SUCH SCHOLARSHIP AND MAY INCREASE FURTHER WHERE THE CORPORATION, IN ITS
DISCRETION, DETERMINES THAT SUCH A FURTHER INCREASE SHALL NOT DISQUALIFY
AN APPLICANT.
§ 2. 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,
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 OO of this act shall be
as specifically set forth in the last section of such Parts.