Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 20, 2024 |
signed chap.56 delivered to governor |
Apr 19, 2024 |
returned to senate passed assembly ordered to third reading rules cal.39 substituted for a8806c referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.849 print number 8306c |
Apr 19, 2024 |
amend (t) and recommit to finance |
Mar 11, 2024 |
print number 8306b |
Mar 11, 2024 |
amend (t) and recommit to finance |
Feb 20, 2024 |
print number 8306a |
Feb 20, 2024 |
amend (t) and recommit to finance |
Jan 17, 2024 |
referred to finance |
Senate Bill S8306B
Signed By Governor2023-2024 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Apr 19, 2024
aye (36)nay (24)absent (1)
-
Apr 19, 2024 - Finance Committee Vote
S8306B15Aye5Nay2Aye with Reservations0Absent0Excused0Abstained -
-
Bill Amendments
2023-S8306 - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, Generally
2023-S8306 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses
2023-S8306 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8306 A. 8806 S E N A T E - A S S E M B L Y January 17, 2024 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to allowable transportation expenses; to amend the education law, in relation to transportation aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal prekinder- garten and the Statewide universal full-day pre-kindergarten program; to amend the education law, in relation to implementation of the smart schools bond act of 2014; to amend the education law, in relation to special apportionments and grants-in-aid to school districts; to amend chapter 91 of the laws of 2002 amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to extending the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relat- ing to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effective- ness thereof; to amend the education law, in relation to state aid adjustments; to amend the education law, in relation to extending certain provisions of the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to maximum class sizes for special classes for certain students with disabili- ties; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-01-4 S. 8306 2 A. 8806 reimbursement for the 2023-2024 school year withholding a portion of employment preparation education aid and in relation to the effective- ness thereof; to amend the education law, in relation to the financing of charter schools; to amend part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, in relation to extending the date for the submission of such recommen- dations; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effec- tiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; and providing for support of public libraries; to repeal certain provisions of the education law relating to phase-in foundation increase; and to repeal certain provisions of the education law relating to foundation aid (Part A); to amend the education law, in relation to establishing evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); to amend the education law, in relation to directing the commissioner of education to require the completion of a FAFSA or a waiver of such requirement and requires school districts issue annual reports on students completing the FAFSA and the waiver (Part C); to amend the education law, in relation to eligibility for unrestricted aid to independent colleges and universities (Part D); to amend the education law, in relation to ensuring informational coordination between state educa- tional agencies (Part E); to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part F); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for resi- dential school placements, in relation to the effectiveness thereof (Part G); 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 H); to amend the family court act and the domestic relations law, in relation to establishment and modifica- tion of child support orders (Part I); to amend the labor law, in relation to nursing employees' right to express breast milk (Part J); to amend the labor law, in relation to limiting liquidated damages in certain frequency of pay violations (Part K); to amend the labor law, in relation to civil penalties for violations of certain provisions for the payment of wages (Part L); to amend chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, in relation to providing for the expiration and repeal of such provisions (Part M); to utilize reserves in the mortgage insur- ance fund for various housing purposes (Part N); to amend the criminal procedure law and the penal law, in relation to the crime of deed theft; to amend the real property actions and proceedings law, in relation to the partition of heirs' property; and to amend the real S. 8306 3 A. 8806 property law, in relation to allowing transfer on death deeds (Part O); relating to the conveyance and use of real property owned and maintained by the State University of New York at Farmingdale (Subpart A); relating to the conveyance and use of real property owned and maintained by the State University of New York at Stony Brook (Subpart B); and relating to the conveyance and use of real property owned and maintained by the New York State Department of Transportation (Subpart C) (Part P); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part Q); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more (Part R); to amend the multiple dwelling law, in relation to establishing a program to address the legalization of specified basement and cellar dwelling units and the conversion of other specified basement and cellar dwelling units in a city with a population of one million or more (Part S); to amend the real property tax law, in relation to eligible multiple dwellings under the affordable New York housing program (Part T); and to amend the real property tax law and the labor law, in relation to enacting the affordable neighborhoods for New Yorkers tax incentive (Part U) 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 2024-2025 state fiscal year. Each component is wholly contained within a Part identified as Parts A through U. 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 2023, 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- S. 8306 4 A. 8806 graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school 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- S. 8306 5 A. 8806 ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty--two thousand twen- ty-one school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two thousand twenty-one school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-two--two thousand twenty- three school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twenty-one--two thousand twenty-two school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-two--two thousand twenty- 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, S. 8306 6 A. 8806 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; 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. The opening paragraph of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the SUM OF THE TRANSITION ADJUSTMENT PLUS THE product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foundation formula aid[, provided, however that for the two thousand seven--two thousand eight through two thousand eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand seven--two thousand eight school year computed pursuant to subparagraph (i) of paragraph j of subdivision one of this section, plus the phase-in foun- dation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand twelve--two thousand thirteen school year, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid paya- S. 8306 7 A. 8806 ble in the two thousand eleven--two thousand twelve school year computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand thirteen--two thousand fourteen school year and thereafter, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivi- sion, and provided further that for the two thousand sixteen--two thou- sand seventeen school year, no eligible school districts shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to subparagraph (ii) of paragraph j of subdivi- sion one of this section plus the sum of (A) the phase-in foundation increase, (B) the executive foundation increase with a minimum increase pursuant to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMUNITY SCHOOLS AID" in the computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen--two thousand seventeen school year and entitled "BT161-7", where (1) "eligible school district" shall be defined as a district with (a) an unrestricted aid increase of less than seven percent (0.07) and (b) a three year average free and reduced price lunch percent greater than fifteen percent (0.15), and (2) "unrestricted aid increase" shall mean the quotient arrived at when dividing (a) the sum of the executive foundation aid increase plus the gap elimination adjustment for the base year, by (b) the difference of foundation aid for the base year less the gap elimination adjustment for the base year, and (3) "executive foundation increase" shall mean the difference of (a) the amounts set forth for each school district as "FOUNDATION AID" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen--two thousand seventeen school year and entitled "BT161-7" less (b) the amounts set forth for each school district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS" in such computer listing and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and the due-minimum percent which shall be, for the two thousand twelve--two thousand thirteen school year, one hundred and six-tenths percent (1.006) and for the two thousand thirteen--two thousand fourteen school year for city school districts of those cities having populations in excess of one hundred twenty-five thousand and less than one million inhabitants one hundred and one and one hundred and seventy-six thou- sandths percent (1.01176), and for all other districts one hundred and three-tenths percent (1.003), and for the two thousand fourteen--two thousand fifteen school year one hundred and eighty-five hundredths percent (1.0085), and for the two thousand fifteen--two thousand sixteen school year, one hundred thirty-seven hundredths percent (1.0037), subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent for any school year other than the two thousand seventeen--two thousand eighteen school year, provided, however, that for the two thousand sixteen--two thousand seventeen school year such maximum shall be no more than the sum of (i) the prod- uct of such total foundation aid base and one hundred fifteen percent S. 8306 8 A. 8806 plus (ii) the executive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen-- two thousand seventeen school year and entitled "BT161-7" and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision]. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, are amended to read as follows: (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the EIGHT-YEAR AVERAGE OF THE percentage increase in the consumer price index as defined by paragraph hh of subdivision one of this section[, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjustment, the percentage increase in the consumer price index shall be deemed to be two and nine-tenths percent (0.029), and provided further that the foundation amount for the two thousand seven--two thousand eight school year shall be five thousand two hundred fifty-eight dollars, and provided further that for the two thousand seven--two thousand eight through two thousand seventeen--two thousand eighteen school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivision] FOR THE TEN MOST RECENT CALENDAR YEARS EXCLUDING THE HIGHEST AND LOWEST VALUES. (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three[, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154)]. The income wealth index shall be S. 8306 9 A. 8806 calculated pursuant to paragraph d of subdivision three of this section, provided, however, that for the purposes of computing the expected mini- mum local contribution the income wealth index shall not be less than sixty-five percent (0.65) and shall not be more than two hundred percent (2.0) [and provided however that such income wealth index shall not be more than ninety-five percent (0.95) for the two thousand eight--two thousand nine school year, and provided further that such income wealth index shall not be less than zero for the two thousand thirteen--two thousand fourteen school year]. The selected actual valuation shall be calculated pursuant to paragraph c of subdivision one of this section. Total wealth foundation pupil units shall be calculated pursuant to paragraph h of subdivision two of this section. § 4. Paragraph b of subdivision 4 of section 3602 of the education law is REPEALED and a new paragraph b is added to read as follows: B. TRANSITION ADJUSTMENT. THE TRANSITION ADJUSTMENT SHALL EQUAL THE PRODUCT OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AS DEFINED IN PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION, BUT NOT LESS THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE DIFFERENCE, IF ANY, OF (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR PURSUANT TO THIS SUBDIVISION LESS (II) THE PRODUCT OF TOTAL AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND ENTITLED "BT242-5". § 5. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 6 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE school years a city school district of a city having a popu- lation of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 6. Paragraphs b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of section 3602 of the education law are REPEALED. § 7. Paragraph k of subdivision 4 of section 3602 of the education law is REPEALED. § 8. The undesignated closing paragraph of subdivision 3 of section 3602 of the education law, as added by section 13 of part B of chapter 57 of the laws of 2007, is amended to read as follows: Such result shall be expressed as a decimal carried to three places without rounding, but shall not be greater than ninety hundredths nor less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS. § 9. Intentionally omitted. § 10. Paragraph j of subdivision 1 of section 3602 of the education law is amended by adding a new subparagraph (iii) to read as follows: (III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE TWO THOU- SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID PAYABLE IN SUCH SCHOOL YEARS, SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE ON OR S. 8306 10 A. 8806 AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST SCHOOL YEAR IN WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI- TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART. § 11. Subparagraphs 2 and 3 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, are amended to read as follows: (2) is a construction emergency project to remediate emergency situ- ations which arise in public school buildings and threaten the health and/or safety of building occupants, as a result of the unanticipated discovery of asbestos or other hazardous substances during construction work on a school or significant damage caused by a fire, snow storm, ice storm, excessive rain, high winds, flood or a similar catastrophic event which results in the necessity for immediate repair[; and/or (3) if bonded pursuant to paragraph j of subdivision six of this section, would cause a city school district in a city having a popu- lation of less than one hundred twenty-five thousand inhabitants to exceed ninety-five percent of its constitutional debt limit provided, however, that any debt issued pursuant to paragraph c of section 104.00 of the local finance law shall not be included in such calculation]. § 12. The opening paragraph of subdivision 2 of section 3623-a of education law, as added by section 86 of chapter 474 of the laws of 1996, is amended to read as follows: Allowable transportation capital, debt service and lease expense shall include base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION, NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND- ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA- GRAPH D OF SUBDIVISION THREE OF THIS SECTION. § 13. Subdivision 3 of section 3623-a of the education law is amended by adding added a new paragraph d to read as follows: D. (1) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI- RONMENTAL CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE. (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT SERVICE, OR LEASES WHICH ARE RELATED TO COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS, PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON- MENTAL CONSERVATION LAW, SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD- UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW. (3) THE ENTITY AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON- MENTAL CONSERVATION LAW SHALL PROVIDE TO THE COMMISSIONER A LIST OF GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO- S. 8306 11 A. 8806 EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM SUCH VOUCHER, THE DATE ON WHICH THE PAYMENT OR GRANT WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. § 14. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 56 of the laws of 2023, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year through the two thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-FIVE school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 15. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 56 of the laws of 2023, 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY- FIVE school year equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". S. 8306 12 A. 8806 § 16. Paragraph d of subdivision 10 of section 3602-e of the education law, as amended by section 23-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: d. Notwithstanding any other provision of this section, apportionments under this section greater than the amounts provided in the two thousand sixteen--two thousand seventeen school year shall only be used to supplement and not supplant current local expenditures of [state or] local funds on prekindergarten programs and the number of eligible full- day four-year-old prekindergarten pupils and eligible full-day three- year-old prekindergarten pupils in such programs from such sources. Current local expenditures shall include any local expenditures of [state or] local funds used to supplement or extend services provided directly or via contract to eligible children enrolled in a universal prekindergarten program pursuant to this section. § 17. Subdivision 13 of section 3602-ee of the education law, as added by section 1 of part CC of chapter 56 of the laws of 2014, is amended to read as follows: 13. Apportionments under this section shall only be used to supplement and not supplant current local expenditures of federal[, state] or local funds on pre-kindergarten programs and the number of slots in such programs from such sources. Current local expenditures shall include any local expenditures of federal[, state] or local funds used to supplement or extend services provided directly or via contract to eligible chil- dren enrolled in a universal pre-kindergarten program pursuant to section thirty-six hundred two-e of this part. § 18. Subdivision 16 of section 3602-ee of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2023, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-four] TWENTY-FIVE; provided that the program shall continue and remain in full effect. § 19. Paragraphs a and b of subdivision 16 of section 3641 of the education law, as added by section 2 of part C of chapter 56 of the laws of 2014, subparagraph 3 of paragraph b as amended by section 3 of part YYY of chapter 59 of the laws of 2017, are amended to read as follows: a. Definitions. The following terms, whenever used or referred to in this subdivision, unless the context indicates otherwise, shall have the following meanings: (1) "Bonds" shall mean general obligation bonds issued pursuant to the "smart schools bond act of 2014" in accordance with article VII of the New York state constitution and article five of the state finance law. [(2) "Smart schools review board" shall mean a body comprised of the chancellor of the state university of New York, the director of the budget, and the commissioner, or their respective designees. (3)] (2) "Smart schools investment plan" shall mean a document prepared by a school district setting forth the smart schools project or projects to be undertaken with such district's smart schools allocation. [(4)] (3) "Smart schools project" shall mean a capital project as set forth and defined in subparagraphs FOUR, five, six[,] OR seven [or eight] of this paragraph. [(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU) replacement project" shall mean a capital project which, as a primary purpose, expands the availability of adequate and appropriate instruc- tional space for pre-kindergarten or provides for the expansion or S. 8306 13 A. 8806 construction of adequate and appropriate instructional space to replace TCUs. [(6)] (5) "Community connectivity project" shall mean a capital project which, as a primary purpose, expands high-speed broadband or wireless internet connectivity in the local community, including school buildings and campuses, for enhanced educational opportunity in the state. [(7)] (6) "Classroom technology project" shall mean a capital project to expand high-speed broadband or wireless internet connectivity solely for school buildings and campuses, or to acquire learning technology hardware for schools, classrooms, and student use, including but not limited to whiteboards, computer servers, desktop computers, laptop computers, and tablet computers. [(8)] (7) "School safety and security technology project" shall mean a capital project to install high-tech security features in school build- ings and on school campuses, including but not limited to video surveil- lance, emergency notification systems and physical access controls, for enhanced educational opportunity in the state. [(9)] (8) "Selected school aid" shall mean the sum of the amounts set forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget proposal for the two thousand fourteen-fifteen school year. [(10)] (9) "Smart schools allocation" shall mean, for each school district, the product of (i) two billion dollars ($2,000,000,000) multi- plied by (ii) the quotient of such school district's selected school aid divided by the total selected school aid to all school districts. b. Smart schools investment plans. (1) [The smart schools review board] SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER shall issue guidelines setting forth required components and eligibility criteria for smart schools investment plans to be submitted by school districts. Such guidelines shall include but not be limited to: (i) a timeline for school district submission of smart schools investment plans; (ii) any requirements for the use of available state procurement options where applicable; (iii) any limitations on the amount of a district's smart schools allocation that may be used for assets with a short probable life; and (iv) the loan of smart schools classroom technology pursuant to section seven hundred fifty-five of this chapter. (2) No school district shall be entitled to a smart schools grant until such district shall have submitted a smart schools investment plan to the [smart schools review board] DEPARTMENT and received [such board's] THE COMMISSIONER'S approval of such investment plan. In devel- oping such investment plan, school districts shall consult with parents, teachers, students, community members and other stakeholders. (3) The [smart schools review board] COMMISSIONER shall review all smart schools investment plans for compliance with all eligibility criteria and other requirements set forth in the guidelines. The [smart schools review board] COMMISSIONER may approve or reject such plans, or may return such plans to the school district for modifications; provided that notwithstanding any inconsistent provision of law, the [smart schools review board] COMMISSIONER shall approve no such plan first S. 8306 14 A. 8806 submitted to the department on or after April fifteenth, two thousand seventeen, unless such plan calculates the amount of classroom technolo- gy to be loaned to students attending nonpublic schools pursuant to section seven hundred fifty-five of this chapter in a manner that includes the amount budgeted by the school district for servers, wire- less access points and other portable connectivity devices to be acquired as part of a school connectivity project. Upon approval, the smart schools project or projects described in the investment plan shall be eligible for smart schools grants. A smart schools project included in a school district's smart schools investment plan shall not require separate approval of the commissioner unless it is part of a school construction project required to be submitted for approval of the commissioner pursuant to section four hundred eight of this chapter and/or subdivision six of section thirty-six hundred two of this arti- cle. Any department, agency or public authority shall provide the [smart schools review board] DEPARTMENT with any information it requires to fulfill its duties pursuant to this subdivision. (4) Any amendments or supplements to a smart schools investment plan shall be submitted to the [smart schools review board] DEPARTMENT for approval, and shall not take effect until such approval is granted. § 20. Section 34 of chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by chapter 364 of the laws of 2022, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed June 30, [2024] 2028 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2024] 2028 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. § 21. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils and community super- S. 8306 15 A. 8806 intendents, as amended by chapter 364 of the laws of 2022, is amended to read as follows: 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2024] 2028. § 22. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, S. 8306 16 A. 8806 the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget.] IT IS FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOU- SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR AND ENTITLED "BT242-5", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. § 23. The opening paragraph of section 3609-a of the education law, as amended by section 18 of part A of chapter 56 of the laws of 2023, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand twenty-three--two thousand twenty-four school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individual- ized payments due prior to April first for the current year plus the S. 8306 17 A. 8806 apportionment payable during the current school year pursuant to subdi- vision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdi- vision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdi- vision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven- nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this arti- cle, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. [For aid payable in the two thousand twenty-three--two thousand twenty- four school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA232-4".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI- ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP- TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISIONS SIX OF SECTION NINE- TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU- ANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI- VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC- IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO S. 8306 18 A. 8806 SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5". § 24. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE. § 25. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [twenty-four] TWENTY-NINE, 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 S. 8306 19 A. 8806 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. § 26. 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 38 of part YYY of chapter 59 of the laws of 2019, 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, [2024] 2029 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, [2024] 2029; § 27. 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 20 of part A of chapter 56 of the laws of 2023, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, [and] reimbursement for the 2023--2024 school year shall not exceed 54.7 percent of the lesser of such approvable costs per contact hour or seventeen dollars and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN CENTS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school S. 8306 20 A. 8806 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); [and] for the 2023--2024 school year such contact hours shall not exceed one million three hundred forty-two thousand nine hundred seventy-five (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE (1,063,829). 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 subdivi- sion 11 of section 3602 of the education law. § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion cc to read as follows: CC. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2023, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed June 30, [2024] 2025. § 30. Paragraph (d) of subdivision 1 of section 2856 of the education law, as amended by section 36-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR S. 8306 21 A. 8806 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 31. Paragraph (c) of subdivision 1 of section 2856 of the education law, as amended by section 36-d of part A of chapter 56 of the laws of 2021, is amended to read as follows: (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, is amended to read as follows: 3. The state education department shall present its recommendations and analysis to the governor, the director of the division of the budg- et, the temporary president of the senate, the speaker of the assembly, the chairperson of the senate finance committee, and the chairperson of the assembly ways and means committee no later than July 1, [2025] 2027. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 23 of part A of chapter 56 of the laws of 2022, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, S. 8306 22 A. 8806 twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2024] 2029. § 34. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 46 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2024] 2029 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 35. 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 2025 and not later than the last day of the third full business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and June 30, 2024 and such apportionment shall not exceed the sum of (a) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (d) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 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. S. 8306 23 A. 8806 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 one and two 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 apportionment 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 para- graph, 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. § 36. 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, 2025, 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, 2025 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision one of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. 3. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions one and two 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 apportionment payable pursuant to subparagraph (2) of such paragraph S. 8306 24 A. 8806 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 para- graph, 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. § 37. 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 2024--2025 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) any instructional or instructional support costs associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance S. 8306 25 A. 8806 improvement and dropout prevention for the 2024--2025 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 2024--2025 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 2024--2025 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 38. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2024 enacting the aid to localities budget shall be apportioned for the 2024--2025 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of such chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2024--2025 by a chapter of the laws of 2024 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. S. 8306 26 A. 8806 § 39. 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, 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. § 40. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2024, provided, however, that: 1. sections one, two, three, four, five, six, eight, ten, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three, twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall take effect July 1, 2024; 2. section seven of this act shall take effect July 1, 2025; 3. the amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twenty-seven and twenty-eight of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith; and 4. the amendments to paragraph (d) of subdivision 1 of section 2856 of the education law made by section thirty of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section thirty-one of this act shall take effect. PART B Section 1. The education law is amended by adding a new section 818 to read as follows: § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1. (A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE. INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE- TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP- MENT, READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE, ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK. SUCH INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE APPROPRIATE. (B) ALL SCHOOL DISTRICTS IN THE STATE SHALL ANNUALLY REVIEW THEIR CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING FOR STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY ALIGN WITH THE READING INSTRUCTIONAL BEST PRACTICES ISSUED BY THE COMMISSIONER, AND THAT ALL EARLY READING INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE. 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: S. 8306 27 A. 8806 (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME- WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC, AND CULTURAL IDENTITIES; ENGAGES STUDENTS WITH RIGOROUS, SUPPORTIVE INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER- ENCE; ELEVATES HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS AS AGENTS OF SOCIAL CHANGE. (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN INTERDISCIPLI- NARY BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND COMPETENCIES DEVELOP FROM PREKINDERGARTEN THROUGH SECONDARY EDUCATION AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY. (C) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS. (D) "COMPREHENSION" MEANS A FUNCTION OF WORD RECOGNITION SKILLS AND LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK- GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS IN FRONT OF THEM. IT ALSO INCLUDES THE ACTIVE PROCESS THAT REQUIRES INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER- ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT EXPLICITLY BY DEMONSTRATING, EXPLAINING, MODELING AND IMPLEMENTING SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS DERIVE MEANING THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES. (E) "READING FLUENCY" MEANS THE ABILITY TO READ WORDS, PHRASES, AND SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION. (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS AND INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING, SPEAKING, READING, AND WRITING, WHICH IS DIRECTLY RELATED TO SCHOOL ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS. 3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS IN THE STATE SHALL CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND INSTRUCTIONAL STRATEGIES AND TEACHER PROFESSIONAL DEVELOPMENT IN THE SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL OF THE ELEMENTS OF THE INSTRUCTIONAL BEST PRACTICES ISSUED BY THE COMMISSIONER PURSUANT TO THIS SECTION. 4. COMPLIANCE WITH THIS SECTION SHALL BE SUBJECT TO REVIEW BY THE COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. § 2. This act shall take effect immediately. PART C Section 1. Section 305 of the education law is amended by adding a new subdivision 61 to read as follows: 61. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION REFLECTING ONE OF THE FOLLOWING FROM THE PARENT OR GUARDIAN OF EACH STUDENT OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH THE STUDENT IS A SENIOR ENROLLED IN SUCH SCHOOL DISTRICT: (1) CERTIFICATION OF COMPLETION AND SUBMISSION OF EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM PROMULGATED BY THE DEPARTMENT, TO BE FILED WITH THE STUDENT'S SCHOOL DISTRICT INDICATING THAT THE PARENT OR GUARDIAN OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, THE STUDENT, UNDERSTANDS WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN APPLICATION S. 8306 28 A. 8806 PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH. FOR PURPOSES OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, THE REQUIRED CERTIF- ICATION SHALL NOT DESIGNATE WHICH TYPE OF APPLICATION WAS SUBMITTED BY THE PARENT, GUARDIAN, OR STUDENT. B. ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA FOR ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL: (1) THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; (2) THE NUMBER OF STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI- SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED. C. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE STATE-SPONSORED SCHOLAR- SHIPS, FINANCIAL AID AND ASSISTANCE AVAILABLE TO STUDENTS ATTENDING COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER- RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA. § 2. This act shall take effect on the first of July 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 D Section 1. The opening paragraph of paragraph (a) of subdivision 2 of section 6401 of the education law, as amended by chapter 717 of the laws of 1981, is amended to read as follows: Notwithstanding the provisions of any other law, in order to qualify for state aid apportionments pursuant to this section, any institution of higher education must meet either the requirements set forth in subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter- native, the requirements set forth in paragraph (b) of this subdivision: § 2. Paragraph (a) of subdivision 2 of section 6401 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) THE INSTITUTION MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA- TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS. § 3. Paragraph (b) of subdivision 2 of section 6401 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) THE SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA- TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS. § 4. Subdivision 3 of section 6401 of the education law, as amended by chapter 361 of the laws of 2014, is amended to read as follows: 3. Degree awards. The amount of such annual apportionment to each institution meeting the requirements of subdivision two of this section shall be computed by multiplying by not to exceed six hundred dollars S. 8306 29 A. 8806 the number of earned associate degrees, by not to exceed one thousand five hundred dollars the number of earned bachelor's degrees, by not to exceed nine hundred fifty dollars the number of earned master's degrees, and by not to exceed four thousand five hundred fifty dollars the number of earned doctorate degrees, conferred by such institution during the twelve-month period next preceding the annual period for which such apportionment is made, provided that there shall be excluded from any such computation the number of degrees earned by students with respect to whom state aid other than that established by this section or section sixty-four hundred one-a of this article is granted directly to the institution, and provided further that, except as otherwise provided in this subdivision, the amount apportioned for an associate degree shall be awarded only to two year institutions qualifying under subdivision two of this section. The regents shall promulgate rules defining and classifying professional degrees for the purposes of this section. Institutions qualifying for state aid pursuant to the provisions of paragraph (b) of subdivision two of this section shall, for purposes of this subdivision, be deemed to be the institutions which confer degrees. For purposes of this subdivision, a two-year institution which has received authority to confer bachelor degrees shall continue to be considered a two-year institution until such time as it has actually begun to confer the bachelor's degree. Thereafter, notwithstanding any other provision of law to the contrary, an institution which was former- ly a two-year institution for the purposes of this section and which was granted authority by the regents to confer bachelor degrees, (a) such authority having been granted after the first day of June, nineteen hundred ninety-three, but before the first day of July, nineteen hundred ninety-three, (b) such authority having been granted after the first day of May, two thousand five, but before the first day of June, two thou- sand five, (c) such authority having been granted after the first day of April, two thousand nine, but before the first day of May, two thousand nine, or (d) such authority having been granted after the first day of December, two thousand nine, but before the first day of January, two thousand ten, may elect to continue to receive awards for earned associ- ate degrees. Should such institution so elect, it shall not be eligible during the time of such election to receive awards for earned bachelor's degrees. NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION, IN THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO ALL INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION WOULD OTHERWISE EXCEED THE TOTAL AMOUNT APPROPRIATED FOR UNRESTRICTED AID TO INDEPENDENT COLLEGES AND UNIVERSITIES, THE ANNUAL APPORTIONMENT TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY. § 5. This act shall take effect July 1, 2024. PART E Section 1. Paragraph d of subdivision 7 of section 2-d of the educa- tion law, as added by section 1 of subpart L of part AA of chapter 56 of the laws of 2014, is amended to read as follows: d. Nothing in this section shall limit the administrative use of student data or teacher or principal data by a person acting exclusively in the person's capacity as an employee of an educational agency or of the state or any of its political subdivisions, any court or the federal government that is otherwise required by law. NOTHING IN THIS SECTION SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE S. 8306 30 A. 8806 CITY UNIVERSITY OF NEW YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. SECTION 1232G. § 2. Section 655 of the education law is amended by adding a new subdivision 9-a to read as follows: 9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND DATA AS THE PRESIDENT DEEMS NECESSARY FOR PURPOSES OF FINANCIAL AID PROGRAM EVALUATION. § 3. This act shall take effect immediately. PART F Section 1. Section 16 of chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 4 of part DD of chapter 56 of the laws of 2021, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided [that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire 13 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further] that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date [the] SUCH provisions [of this act] shall be deemed repealed. § 2. This act shall take effect immediately. PART G 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 V of chapter 56 of the laws of 2023, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed April 1, 2024]; 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, 2024. PART H 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$175.00] $181.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (b) in the case of each individual receiving residential care, an amount equal to at least [$202.00] $208.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$241.00] $249.00 for each month beginning on or after January first, two thousand [twenty-three] TWEN- TY-FOUR. S. 8306 31 A. 8806 (d) for the period commencing January first, two thousand [twenty- four] TWENTY-FIVE, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [twenty-four] TWENTY-FIVE, but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE, 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living alone, [$1,001.00] $1,030.00; and for an eligible couple living alone, [$1,475.00] $1,519.00. (b) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living with others with or without in-kind income, [$937.00] $966.00; and for an eligible couple living with others with or without in-kind income, [$1,417.00] $1,461.00. (c) On and after January first, two thousand [twenty-three] TWENTY- FOUR, (i) for an eligible individual receiving family care, [$1,180.48] $1,209.48 if he or she 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 eligi- ble individual receiving such care in any other county in the state, [$1,142.48] $1,171.48; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving residential care, [$1,349.00] $1,378.00 if he or she 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, [$1,319.00] $1,348.00; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving enhanced residential care, [$1,608.00] $1,637.00; 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-four] TWENTY- FIVE but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE. § 3. This act shall take effect December 31, 2024. S. 8306 32 A. 8806 PART I Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi- sion 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, is amended to read as follows: (iv) at the discretion of the court, the court may attribute or impute income from[,] such other resources as may be available to the parent, including, but not limited to: (A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or [indirecly] INDIRECTLY confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends; IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED, THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI- DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN- MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI- ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE, NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER- MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU- ANT TO THIS CLAUSE; § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows: (iv) at the discretion of the court, the court may attribute or impute income from[,] such other resources as may be available to the parent, including, but not limited to: (A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or [indirecly] INDIRECTLY confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends; IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED, THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI- DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN- MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI- ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE, NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER- S. 8306 33 A. 8806 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU- ANT TO THIS CLAUSE; § 3. Paragraph (k) of subdivision 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, is amended to read as follows: (k) When a party has defaulted and/or the court is otherwise presented with insufficient evidence to determine gross income, [the court shall order child support based upon the needs or standard of living of the child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF THIS SUBDIVISION. Such order may be retroactively modified upward, with- out a showing of change in circumstances. § 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows: (k) When a party has defaulted and/or the court is otherwise presented with insufficient evidence to determine gross income, [the court shall order child support based upon the needs or standard of living of the child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF THIS SUBDIVISION. Such order may be retroactively modified upward, with- out a showing of change in circumstances. § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of section 413 of the family court act, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support; provided that incarceration shall not be considered voluntary unemployment[, unless such incarceration is the result of non-payment of a child support order, or an offense against the custo- dial parent or child who is the subject of the order or judgment]; § 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b of section 240 of the domestic relations law, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support; provided that incarceration shall not be considered voluntary unemployment[, unless such incarceration is the result of non-payment of a child support order, or an offense against the custo- dial parent or child who is the subject of the order or judgment]; § 7. Paragraph (a) of subdivision 3 of section 451 of the family court act, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (a) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration shall not be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances [provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment]. S. 8306 34 A. 8806 § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of part B of section 236 of the domestic relations law, as amended by chap- ter 313 of the laws of 2019, is amended to read as follows: (i) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration shall not be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances [provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment]. § 9. This act shall take effect immediately, and shall apply to any action or proceeding pending upon or commenced on or after such effec- tive date. PART J Section 1. Subdivision 1 of section 206-c of the labor law, as amended by chapter 672 of the laws of 2022, is amended to read as follows: 1. An employer shall provide [reasonable unpaid] PAID break time [or] FOR UP TO TWENTY MINUTES, AND permit an employee to use EXISTING paid break time or meal time FOR TIME IN EXCESS OF TWENTY MINUTES, to allow an employee to express breast milk for her nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place. § 2. This act shall take effect on the sixtieth day after it shall have become a law. PART K Section 1. Subdivision 1-a of section 198 of the labor law, as amended by chapter 362 of the laws of 2015, is amended to read as follows: 1-a. On behalf of any employee paid less than the wage to which he or she is entitled under the provisions of this article, the commissioner may bring any legal action necessary, including administrative action, to collect such claim and as part of such legal action, in addition to any other remedies and penalties otherwise available under this article, the commissioner shall assess against the employer the full amount of any such underpayment, and an additional amount as liquidated damages, unless the employer proves a good faith basis for believing that its underpayment of wages was in compliance with the law. Liquidated damages shall be calculated by the commissioner as no more than one hundred percent of the total amount of wages found to be due, except such liqui- dated damages may be up to three hundred percent of the total amount of the wages found to be due for a willful violation of section one hundred ninety-four of this article. In any action instituted in the courts upon a wage claim by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment inter- est as required under the civil practice law and rules, and, unless the employer proves a good faith basis to believe that its underpayment of wages was in compliance with the law, an additional amount as liquidated damages equal to one hundred percent of the total amount of the wages found to be due, except such liquidated damages may be up to three S. 8306 35 A. 8806 hundred percent of the total amount of the wages found to be due for a willful violation of section one hundred ninety-four of this article. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL NOT BE APPLICABLE TO VIOLATIONS OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE WHERE THE EMPLOYEE WAS PAID IN ACCORDANCE WITH THE AGREED TERMS OF EMPLOYMENT, BUT NOT LESS FREQUENTLY THAN SEMI-MONTHLY. § 2. This act shall take effect on the sixtieth day after it shall have become a law. PART L Section 1. Subdivision 3 of section 218 of the labor law, as amended by chapter 2 of the laws of 2015, is amended to read as follows: 3. (A) Provided that no proceeding for administrative or judicial review as provided in this chapter shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the employer resides or has a place of business the order of the commissioner, or the deci- sion of the industrial board of appeals containing the amount found to be due including the civil penalty, if any, and at the commissioner's discretion, an additional fifteen percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee, the commissioner shall assign, without consider- ation or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or liquidated damages due that employee, to that employee and may file an assignment or order in that amount in the name of that employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assignment[, order or decision] may be enforced [by and in the name of the commissioner, or] by the employee[,] in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment. (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI- CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS- SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER- EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST, S. 8306 36 A. 8806 AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT- TELS OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER. (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS, FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS- SIONER HAD RECOVERED JUDGMENT FOR THE SAME. § 2. Subdivision 3 of section 219 of the labor law, as amended by chapter 2 of the laws of 2015, is amended to read as follows: 3. (A) Provided that no proceeding for administrative or judicial review as provided in this chapter shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the employer resides or has a place of business the order of the commissioner or the decision of the industrial board of appeals containing the amount found to be due, including, at the commissioner's discretion, an additional fifteen percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee, the commissioner shall assign, without consideration or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or liquidated damages due the employee, to that employee and may file an assignment or order in that amount in the name of such employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assign- ment[, order or decision] may be enforced [by and in the name of the commissioner, or] by the employee[,] in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment. (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI- CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS- SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE S. 8306 37 A. 8806 SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER- EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT- TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER. (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS, FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS- SIONER HAD RECOVERED JUDGMENT FOR THE SAME. § 3. This act shall take effect immediately. PART M Section 1. Section 2 of chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, is amended to read as follows: § 2. This act shall take effect immediately AND SHALL EXPIRE AND BE DEEMED REPEALED JULY 31, 2024. § 2. This act shall take effect immediately. PART N Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $12,830,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budg- et, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for S. 8306 38 A. 8806 the purposes of reimbursing any costs associated with neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed $12,830,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2023-2024 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, 2024. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $5,360,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $5,360,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2023-2024 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, 2024. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $23,180,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $23,180,000, 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 2023-2024 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the S. 8306 39 A. 8806 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, 2024. § 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 $53,580,000 for the fiscal year ending March 31, 2025. 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 $53,580,000, 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 2023-2024 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, 2025. § 5. This act shall take effect immediately. PART O Section 1. Short title. This act shall be known and may be cited as the "heirs property protection and deed theft prevention act of 2024". § 2. Subdivision 3 of section 30.10 of the criminal procedure law is amended by adding a new paragraph (h) to read as follows: (H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME. § 3. The penal law is amended by adding a new article 162 to read as follows: ARTICLE 162 RESIDENTIAL AND COMMERCIAL DEED THEFT SECTION 162.00 DEFINITIONS. 162.05 DEED THEFT IN THE THIRD DEGREE. 162.10 DEED THEFT IN THE SECOND DEGREE. 162.15 DEED THEFT IN THE FIRST DEGREE. 162.20 AGGRAVATED DEED THEFT. § 162.00 DEFINITIONS. S. 8306 40 A. 8806 FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "DEED THEFT" IS COMMITTED BY A PERSON WHO: (A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY DOCUMENTS SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER- SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR (B) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR (C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY OTHER FRAUDULENT OR DECEPTIVE PRACTICE. (2) "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00 OF THIS PART. (3) "COMMERCIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW. (4) "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW. (5) "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW. (6) "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP- ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE- QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL NEEDS. § 162.05 DEED THEFT IN THE THIRD DEGREE. A PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY. DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY. § 162.10 DEED THEFT IN THE SECOND DEGREE. A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON COMMITS DEED THEFT OF: (1) ONE RESIDENTIAL REAL PROPERTY; OR (2) ONE COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3) THREE OR MORE COMMERCIAL PROPERTIES. DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY. § 162.15 DEED THEFT IN THE FIRST DEGREE. A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON: (1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED AS A HOME BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT INVOLVES A HOME THAT IS OWNED OR OCCUPIED BY AN ELDERLY PERSON OR AN INCOMPETENT, OR AN INCAPACITATED PERSON, OR PHYSICALLY DISABLED PERSON. DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY. § 162.20 AGGRAVATED DEED THEFT. A PERSON IS GUILTY OF AGGRAVATED DEED THEFT WHEN SUCH PERSON COMMITS DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES. AGGRAVATED DEED THEFT IS A CLASS B FELONY. § 4. Subdivision 3 of section 187.00 of the penal law, as amended by chapter 507 of the laws of 2009, is amended to read as follows: S. 8306 41 A. 8806 3. "Residential real property" means real property THAT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT IS improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed. § 5. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. PROHIBITION ON INITIATION OF A PARTITION ACTION. NO PARTITION ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES OF THE HEIRS PROPERTY FROM A RELATIVE. § 6. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 13 to read as follows: 13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE OFFER TO PURCHASE A SHARE OR SHARES OF AN HEIRS PROPERTY AND THE CO-TEN- ANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTEROFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPERTY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPERTY SHALL HAVE THE RIGHT TO PURCHASE SUCH SHARES FOR THE IDEN- TICAL PRICE, TERMS, AND CONDITIONS OF THE OFFER OR COUNTEROFFER. (B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE PENDING OFFER. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE OTHER CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED OF THE OFFER TO MATCH SUCH OFFER. (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP- ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE OF TWO PERCENT PER ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE. § 7. The real property law is amended by adding a new section 424 to read as follows: § 424. TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER ON DEATH DEED. (B) "DESIGNATED BENEFICIARY" MEANS A PERSON DESIGNATED TO RECEIVE PROPERTY IN A TRANSFER ON DEATH DEED. (C) "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP. THE TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A TENANT IN COMMON OR OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP. S. 8306 42 A. 8806 (D) "PERSON" INCLUDES A NATURAL PERSON, AN ASSOCIATION, BOARD, ANY CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP OR OTHER FIRM AND THE STATE. (E) "PROPERTY" MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THIS STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER. (F) "TRANSFER ON DEATH DEED" MEANS A DEED AUTHORIZED UNDER THIS SECTION. (G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES A TRANSFER ON DEATH DEED. 2. NONEXCLUSIVITY. THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS- FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE. 3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP- ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. 4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO- CABLE EVEN IF THE DEED OR ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION. 5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS NONTESTAMENTARY. 6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A WILL. 7. REQUIREMENTS. A TRANSFER ON DEATH DEED: (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN THE ESSENTIAL ELEMENTS AND FORMALITIES OF A PROPERLY RECORDABLE INTER VIVOS DEED; (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR'S DEATH; (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED; (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND (E) SHALL BE RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED. 8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED. A TRANS- FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT: (A) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY DURING THE TRANSFEROR'S LIFE; OR (B) CONSIDERATION. 9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT- TED. (A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF IT, ONLY IF THE INSTRUMENT: (1) IS ONE OF THE FOLLOWING: (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED EXPRESSLY OR BY INCONSISTENCY; (B) AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR PART OF THE DEED; OR (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH DEED OR PART OF THE DEED; AND (2) IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE DEED BEING REVOKED AND RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED IS RECORDED. S. 8306 43 A. 8806 (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR: (1) REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE INTEREST OF ANOTHER TRANSFEROR; AND (2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY ALL OF THE LIVING JOINT OWNERS. (C) AFTER A TRANSFER ON DEATH DEED IS RECORDED, IT SHALL NOT BE REVOKED BY A REVOCATORY ACT ON THE DEED. (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER OF THE PROPERTY. 10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT: (A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER, INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY; (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER- EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (D) AFFECT THE TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE; (E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED BENEFICIARY; OR (F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR OF THE DESIGNATED BENEFICIARY. 11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT DEATH: (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD- ANCE WITH THE DEED. (2) THE INTEREST OF A DESIGNATED BENEFICIARY IS CONTINGENT ON THE DESIGNATED BENEFICIARY SURVIVING THE TRANSFEROR. THE INTEREST OF A DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES. (3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER- ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED SHARES WITH NO RIGHT OF SURVIVORSHIP. (4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI- ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER, OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING PART OF THE PROPERTY HELD CONCURRENTLY. (B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, CONTRACTS, MORTGAGES, LIENS, AND OTHER INTERESTS TO WHICH THE PROPERTY IS SUBJECT AT THE TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED AT THE TRANSFEROR'S DEATH. (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED SHALL BELONG TO THE SURVIVING JOINT OWNER OR OWNERS WITH RIGHT OF SURVIVORSHIP. (D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE. S. 8306 44 A. 8806 (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION. 12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH- ING IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD, UNDUE INFLUENCE, DURESS, MISTAKE, OR OTHER INVALIDATING CAUSE TO A TRANSFER OF PROPERTY. (B) DIVORCE, ANNULMENT OR DECLARATION OF NULLITY, OR DISSOLUTION OF MARRIAGE, SHALL HAVE THE SAME EFFECT ON A TRANSFER ON DEATH DEED AS OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW. 13. RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE- FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED IN A WILL. 14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE EXTENT THE TRANSFEROR'S PROBATE ESTATE IS INSUFFICIENT TO SATISFY AN ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING SPOUSE OR CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR MORE TRANSFER ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS APPORTIONED AMONG THE PROPERTIES IN PROPORTION TO THEIR NET VALUES AT THE TRANSFEROR'S DEATH. (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION MUST BE COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH. 15. FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE A TRANSFER ON DEATH DEED: (FRONT OF FORM) REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF THIS FORM. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC- TIVE. IDENTIFYING INFORMATION OWNER OR OWNERS MAKING THIS DEED: ____________________________________________________ PRINTED NAME MAILING ADDRESS ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: S. 8306 45 A. 8806 ____________________________________________________ PRIMARY BENEFICIARY I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE ALTERNATE BENEFICIARY - OPTIONAL IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE TRANSFER ON DEATH AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT TO REVOKE THIS DEED. SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE S. 8306 46 A. 8806 ____________________________________________________ NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO? WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY LIENS OR MORTGAGES (OR OTHER ENCUMBRANCES) ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH. IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY? YES. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED? YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED. HOW DO I "RECORD" THE TOD DEED? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE DEED IN EACH COUNTY. CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND? YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED. HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED? THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED: S. 8306 47 A. 8806 (1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE THE TOD DEED BY WILL. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMILY MEMBER, FRIEND, OR LAWYER. DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED? NO, BUT IT IS RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER. 16. FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO REVOKE A TRANSFER ON DEATH DEED. (FRONT OF FORM) REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE, OR IT WILL NOT BE EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE PROPERTY OF OWNERS WHO SIGN THIS REVOCATION. IDENTIFYING INFORMATION OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION: ____________________________________________________ PRINTED NAME MAILING ADDRESS ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: S. 8306 48 A. 8806 ____________________________________________________ REVOCATION I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH DEED. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN- TY WHERE THE PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. HOW DO I "RECORD" THE FORM? S. 8306 49 A. 8806 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE FORM IN EACH OF THOSE COUNTIES. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI- LY MEMBER, FRIEND, OR LAWYER. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, CONSULT A LAWYER. § 8. This act shall take effect on the ninetieth day after it shall have become a law, provided that section 424 of the real property law, as added by section seven of this act, shall apply to any transfer on death deed made before, on, or after the effective date of this act by a transferor dying on or after the effective date of this act. PART P Section 1. This Part enacts into law components of legislation relat- ing to the conveyance and use of real property owned and maintained by the state university of New York and the New York state department of transportation. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each partic- ular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes refer- ence to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Legislative findings. The legislature finds that the state university of New York at Farmingdale ("Farmingdale") seeks to use approximately 8.7 acres of vacant land on Farmingdale's campus to build multi-purpose facilities to support housing needs and supporting amen- ities, fulfilling a necessary and vital public purpose. The legislature further finds that granting the trustees of the State University of New York ("Trustees") the authority and power to lease and otherwise contract to make available grounds and facilities of the Farmingdale campus will ensure such land is utilized for the benefit of Farmingdale, the surrounding community, and the general public. § 2. Notwithstanding any other law to the contrary, the Trustees are authorized and empowered, without any public bidding, to lease and otherwise contract to make available to Farmingdale state development corporation, a not-for-profit corporation (the "ground lessee"), a portion of the lands of Farmingdale generally described in this act for the purpose of developing, constructing, maintaining and operating multi-purpose facilities to support housing needs and supporting amen- ities. Such lease or contract shall be for a period not exceeding nine- ty-nine years without any fee simple conveyance and otherwise upon terms S. 8306 50 A. 8806 and conditions determined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately termi- nate and the real property and any improvements thereon shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements thereon shall revert to the state university of New York on the expiration of such contract or lease. Any and all proceeds related to the leases author- ized by this act shall be used for the benefit of the Farmingdale campus and the allocation of such proceeds shall be subject to approval by the Trustees. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 5. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by Farmingdale state development corporation, and parties contracting with Farmingdale state development corporation, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mort- gages and assignments of rents and leases, by Farmingdale state develop- ment corporation and parties contracting with Farmingdale state develop- ment corporation for the purposes of completing the project described in this act. § 6. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 7. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. S. 8306 51 A. 8806 § 8. The property authorized by this act to be leased to Farmingdale state development corporation is generally described as that parcel of real property with improvements thereon consisting of a total of 8.7 acres situated on the campus of the State University of New York at Farmingdale, subject to all existing easements and restrictions of record. The description in this section of the parcel to be made avail- able pursuant to this act is not meant to be a legal description, but is intended only to identify the parcel: The property is situated at the southwest corner of NYS Route 110 and Melville Road. The eastern boundary runs north/south along the western side of NYS Route 110 with approximately 450 feet of frontage. The northern boundary runs along Melville Road for just over 1,000 feet. § 9. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 10. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 11. This act shall take effect immediately. SUBPART B Section 1. Legislative findings. The legislature finds that the state university of New York at Stony Brook ("Stony Brook") seeks to use approximately 10 acres of underutilized land on Stony Brook's Southamp- ton campus to build multi-purpose facilities to support housing needs and supporting amenities, fulfilling a necessary and vital public purpose. The legislature further finds that granting the trustees of the State University of New York ("Trustees") the authority and power to lease and otherwise contract to make available grounds and facilities of Stony Brook's campus will ensure such land is utilized for the benefit of Stony Brook, the surrounding community, and the general public. § 2. Notwithstanding any other law to the contrary, the Trustees are authorized and empowered, without any public bidding, to lease and otherwise contract to make available to a ground lessee a portion of the lands of Stony Brook generally described in this act for the purpose of developing, constructing, maintaining and operating multi-purpose facil- ities to support housing needs and supporting amenities. Such lease or contract shall be for a period not exceeding ninety-nine years without any fee simple conveyance and otherwise upon terms and conditions deter- mined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately terminate and the real property and any improvements thereon shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements thereon shall revert to the state univer- sity of New York on the expiration of such contract or lease. Any and all proceeds related to the leases authorized by this act shall be used for the benefit of the Stony Brook campus and the allocation of such proceeds shall be subject to approval by the Trustees. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- S. 8306 52 A. 8806 ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 5. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the ground lessee, and parties contracting with the ground lessee, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mortgages and assignments of rents and leases, by the ground lessee and parties contracting with the ground lessee for the purposes of completing the project described in this act. § 6. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 7. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 8. The property authorized by this act to be leased to the ground lessee is generally described as approximately 10 acres of land situated on the Southampton campus of the state university of New York at Stony Brook, subject to all existing easements and restrictions of record. § 9. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 10. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 11. This act shall take effect immediately. SUBPART C Section 1. Notwithstanding the provisions of section 400 of the trans- portation law, or any other provision of law to the contrary, the commissioner of transportation is hereby authorized and empowered to transfer and convey certain state-owned real property, as described in section two of this act, upon such terms and conditions as the commis- sioner may deem appropriate. S. 8306 53 A. 8806 § 2. The lands authorized by this act to be conveyed consist of two parcels of land in the town of Babylon, Suffolk county, constituting tax map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and generally described as approximately twelve and one-half acres of land located north of Conklin Street and east of Route 110. § 3. The description in section two of this act of the lands to be conveyed is not intended to be a legal description and is intended only to identify the premises to be conveyed. § 4. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, or subpart of this part shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of that subpart or this part, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or subpart 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 part and each subpart herein 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART Q Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows: 3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, OR AFTER CONSULTATION WITH LOCAL OFFICIALS, AS PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell- ing or dwellings on a lot shall not exceed 12.0, except that a fireproof class B dwelling in which six or more passenger elevators are maintained and operated in any city having a local zoning law, ordinance or resol- ution restricting districts in such city to residential use, may be erected in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordinance or resolution to residential uses. § 2. This act shall take effect immediately. PART R Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph e is added to read as follows: c. Money loaned by the public entity that is to be repaid on a contin- gent basis; [or] d. Credits that are applied by the public entity against repayment of obligations to the public entity[.]; OR E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP- ERTY TAX LAW. § 2. The real property tax law is amended by adding a new section 467-m to read as follows: S. 8306 54 A. 8806 § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "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, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH. I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. S. 8306 55 A. 8806 L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY- THREE; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY- FIRST, TWO THOUSAND THIRTY-NINE. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC- TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN- CY. V. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION 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 SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. Y. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, S. 8306 56 A. 8806 IN THE AMOUNTS AND FOR THE PERIODS WHICH SHALL BE SET FORTH IN REGU- LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN CONSULTATION WITH THE AGENCY, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE AFFORDABILITY REQUIREMENT DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI- BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS DURING THE RESTRICTION PERIOD: A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- S. 8306 57 A. 8806 ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND (IV) SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY, RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE- MENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE- FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER S. 8306 58 A. 8806 SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE- GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI- SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. 8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. S. 8306 59 A. 8806 10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD- ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. 13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA- TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE BENEFIT PROVIDED PURSUANT TO THIS S. 8306 60 A. 8806 SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION FIFTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. § 3. This act shall take effect immediately. PART S Section 1. The multiple dwelling law is amended by adding a new arti- cle 7-D to read as follows: ARTICLE 7-D LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS SECTION 288. DEFINITIONS. 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS. § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW- FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; 2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC- TIVE DATE OF THIS ARTICLE; 3. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT A WRITTEN AGREEMENT; AND 4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT DWELLING UNIT IS RENTED. § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 1. NOTWITH- STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT HEALTH AND SAFETY ARE PROTECTED, (A) THE LEGALIZATION OF SPECIFIED INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED BASE- MENT AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER. 2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR S. 8306 61 A. 8806 DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT, (A) FREEDOM FROM ANY CIVIL OR ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDG- MENTS OR ANY OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY OUTSTANDING CIVIL JUDGMENTS ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE. PROVIDED THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED FURTHER THAT SUCH DATE SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER OR LOCAL LAW, RULE OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI- FIED BASEMENT OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC- TIVE DATE INTO A LAWFUL DWELLING UNIT. ANY AMENDMENT OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH LOCALITY, AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW. § 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS. 1. THE PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT BE ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE- GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS. 2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE, WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB- LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR- IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT. 3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT. § 2. This act shall take effect immediately. S. 8306 62 A. 8806 PART T Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of section 421-a of the real property tax law, as amended by section 3 of part TTT of chapter 59 of the laws of 2017, is amended to read as follows: (xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion for which the commence- ment date is after December thirty-first, two thousand fifteen and on or before June fifteenth, two thousand twenty-two, and for which the completion date is on or before June fifteenth, two thousand [twenty- six] THIRTY-ONE. § 2. This act shall take effect immediately. PART U Section 1. The real property tax law is amended by adding a new section 485-x to read as follows: § 485-X. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION: (A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS (HEREINAFTER REFERRED TO AS "ANNY PROGRAM BENEFITS")" SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION. (B) "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A HOMEOWN- ERSHIP PROJECT, OF WHICH A PRESCRIBED PERCENT OF THE UNITS SHALL, UPON INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A PRESCRIBED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR NO LESS THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH PROJECT IS SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGENCY. THE PRESCRIBED PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION. (C) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN SUCH ELIGIBLE SITE. (D) "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD- ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT EXCEED A PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME PERCENTAGES SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION. (E) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT. (F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS. S. 8306 63 A. 8806 (G) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK. (H) "BROOKLYN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN THE BOROUGH OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER- STANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (I) "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 SITE, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT THE ELIGIBLE SITE. (J) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH. (K) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTI- PLE DWELLING, THE DATE UPON WHICH THE LOCAL DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVER- ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING. (L) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL- ING. (M) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE, WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM, MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA- TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP- MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES. (N) "CONSTRUCTION WORKERS" SHALL MEAN ALL PERSONS PERFORMING CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION. (O) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL MEAN AN ORIGINAL PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE- PENDENT MONITOR SETTING FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB- CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION WORKERS, AND THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK. (P) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR IMPROVEMENT OF A PRE-EXISTING BUILDING OR STRUCTURE RESULTING IN A MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE. (Q) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT CONTAINING SIX OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE- MENT DATE IS WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO- S. 8306 64 A. 8806 RANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY- TWO OF THIS SECTION, AND FOR WHICH THE COMPLETION DATE IS WITHIN NINE YEARS SUBSEQUENT TO THE DATE ON WHICH A MEMORANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (R) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A TAX LOT CONTAINING AN ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION. (S) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING. THE VALUE OF ANY EMPLOYEE BENEFITS RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS. (T) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. (U) "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO- RY STRUCTURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. (V) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED. (W) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. (X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING. (Y) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER- SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS. (Z) "INDEPENDENT MONITOR" SHALL MEAN AN ACCOUNTANT LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA- TION LAW. (AA) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA- TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD- ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK OUTS, SLOWDOWNS, PICKETING, BANNERING, HAND BILLING, DEMONSTRATIONS, SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE STRUCK BUSINESS, AND USE OF THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR DISPLAYS. (BB) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING. (CC) "LARGE RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITH- STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS. (DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS, NOW EXISTING OR HEREAFTER CREATED, LOCATED ENTIRELY IN THE BOROUGH OF S. 8306 65 A. 8806 MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (EE) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. (FF) "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. (GG) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. (HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME DEVELOP- MENT AREA, THE BROOKLYN PRIME DEVELOPMENT AREA AND THE QUEENS PRIME DEVELOPMENT AREA. (II) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI- CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE. (JJ) "QUEENS PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN THE BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER- STANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (KK) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI- ZATION 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 THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN- TIALLY THE SAME SUBJECT MATTER. (LL) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT AND SMALL RENTAL PROJECT. (MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. (NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING. (OO) "SMALL RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI- VERSARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROJECT BENEFITS. (PP) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED. (QQ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND OVER- SEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY APPROVED BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY. THE THIRD-PARTY FUND ADMINISTRATOR SHALL S. 8306 66 A. 8806 BE APPOINTED FOR A TERM OF THREE YEARS, PROVIDED, HOWEVER, THAT THE ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO SERVE BEYOND THE END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS APPOINTED. THE FISCAL OFFICER, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER. (RR) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN- TY-FIVE YEARS OF THE SMALL RENTAL PROJECT RESTRICTION PERIOD OR THE LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF THE SMALL RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE. (SS) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF ANY KIND PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING, WITHOUT LIMITATION, ANY HOURLY COMPENSATION PAID DIRECTLY TO THE CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS, SUCH AS HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI- TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL UNEMPLOYMENT INSURANCE AND PURSUANT TO THE FEDERAL INSURANCE CONTRIB- UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION. A RENTAL PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIR- TY-FIVE YEAR BENEFIT AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT. 3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, RENTAL PROJECTS CONTAINING MORE THAN THE NUMBER OF RENTAL UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION THAT ARE LOCATED WITHIN THE PRIME DEVELOPMENT AREA SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTHER PARTY, INCLUDING SUB- CONTRACTORS, UNDERTAKES TO PERFORM CONSTRUCTION WORK AT AN ELIGIBLE SITE AND "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS AND ANY SUCCESSOR THERETO. (A) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM. S. 8306 67 A. 8806 (B) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMO- RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM. (C) THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION PERIOD, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT; OR (II) ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN- TY-TWO OF THIS SECTION. (D) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT MONITOR. SUCH INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE AVERAGE HOURLY WAGE SET PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF SUCH DEFICIENCY. (E) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL OFFICER AND THE FISCAL OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR IN AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN SUCH MEMORANDUM. (F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHOWS THAT THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI- SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID IS WITHIN FIFTEEN PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINIS- TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRA- TOR SHALL DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE REQUIRED AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE S. 8306 68 A. 8806 DISBURSED IN THE EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARA- GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI- SION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. IF THE WAGE PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT. THE THIRD- PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFI- CER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE REQUIRED AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK- ERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION, THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED, HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A JOB ACTION WHICH RESULTS IN A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN- TY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT SUBDIVISION TWENTY-TWO OF THIS SECTION. NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, THE APPLICANT SHALL NOT BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR FOR FRAUDULENT OR INAC- CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU- RATE PROJECT-WIDE CERTIFIED PAYROLL REPORTS, PROVIDED, HOWEVER, THAT PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT AS DESCRIBED IN THIS PARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED BY THE CONTRACTOR OR SUB-CONTRAC- TOR, AND THAT THE APPLICANT WILL BE LIABLE FOR UNDERPAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR UNLESS THE FISCAL OFFICER DETERMINES, IN ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT OF, OR CAUSED BY, CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED PAYROLL REPORTS. THE APPLICANT SHALL OTHERWISE NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD-PARTY FUND ADMINIS- TRATOR HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTI- FIED PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO THE THIRD-PARTY FUND ADMINISTRATOR, ALL FINES AND PENALTIES SET FORTH IN S. 8306 69 A. 8806 THIS SUBDIVISION IMPOSED BY THE FISCAL OFFICER SHALL BE PAID TO THE AGENCY AND USED BY THE AGENCY TO PROVIDE AFFORDABLE HOUSING. (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT. (H) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING TO THE THIRD-PARTY FUND ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU- RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION. THE FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE WITNESSES. THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK- ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT. 4. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN ELIGIBLE SITE MUST, OVER THE COURSE OF THE DESIGN AND CONSTRUCTION OF SUCH ELIGIBLE SITE, MAKE ALL REASONABLE EFFORTS TO SPEND ON CONTRACTS WITH MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST TWENTY-FIVE PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE DEFINED IN RULES OF THE AGENCY. SUCH RULES SHALL SET FORTH REQUIRED MEASURES WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT ARE COMPARABLE, TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY AGENCIES OF THE CITY OF NEW YORK TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW, INCLUDING SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. 5. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS: (A) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH- OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION IN EFFECT DURING SUCH TAX YEAR, WHICH REAL PROPERTY TAXES SHALL BE CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; AND (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. S. 8306 70 A. 8806 6. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE SITE, OTHER THAN PARKING WHICH IS LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. 7. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO BE EXEMPTED. 8. AFFORDABILITY REQUIREMENTS. A RENTAL PROJECT SHALL MAINTAIN AN AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY PERCENT- AGE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT TO REGULATIONS PROMULGATED BY THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER THE FOLLOWING GOALS AND FACTORS: THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS WITH HIGH LAND ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE- HOLDS AND INDIVIDUALS. (A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELLING FOR INGRESS AND EGRESS FROM SUCH ELIGIBLE MULTIPLE DWELLING. (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY, ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION BOTH DURING AND SUBSEQUENT TO THE SMALL BUILDING RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA- BLE. (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. (E) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE AND OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP PROJECT THE FAILURE TO COMPLY WITH THE AFFORDABLE HOMEOWNERSHIP PROJECT S. 8306 71 A. 8806 REQUIREMENTS SHALL RESULT IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR THE PERIOD OF SUCH NON-COMPLIANCE. (F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. (G) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. (H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. (I) AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP- ERATIVE OR CONDOMINIUM OWNERSHIP. (J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS- ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI- TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER. (K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 9. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGEMENT COMPANY OR CONTRACTOR. (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA- TION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE- FITS ARE REVOKED OR TERMINATED. (C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES, S. 8306 72 A. 8806 PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE- NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES; (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG- NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBPARA- GRAPH, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF SUCH AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION, AND ANNUALLY THEREAFTER, CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. (F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH AND THE AFFIDAVITS REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION. 10. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE- MENT DATE OF THE FIRST ELIGIBLE MULTIPLE DWELLING THEREON, THEN SUCH ELIGIBLE MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED. S. 8306 73 A. 8806 11. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 12. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSUANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 13. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION; PROVIDED, HOWEVER, THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION. IF AN APPLI- CANT HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN- CY MAY REVOKE ANY BENEFITS UNDER THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION, A "VIOLATION" OF PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLI- CANT HAS FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION AND HAS FAILED TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFI- CER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE APPLICABLE RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED. 14. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 15. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH MULTIPLE DWELLING. 16. APPLICATIONS. (A) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. (B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. (C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE S. 8306 74 A. 8806 HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE- AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. (D) THE AGENCY SHALL NOT REQUIRE THAT THE APPLICANT DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION AS A CONDITION TO APPROVAL OF THE APPLICATION. 17. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER, THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. 18. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 19. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA- RY, A SMALL RENTAL PROJECT, LARGE RENTAL PROJECT OR HOMEOWNERSHIP PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU- SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS PURSUANT TO THIS SECTION. 20. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS- SIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE NUMBER OF TOTAL PROJECTS AND UNITS CREATED BY THIS SECTION BY YEAR, LEVEL OF AFFORDABILITY, AND COMMUNITY BOARD, THE COST OF THE ANNY PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE. THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART- MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO- RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE- FITS PURSUANT TO THIS SECTION. 21. PENALTIES FOR VIOLATIONS OF LARGE RENTAL PROJECT AFFORDABILITY REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE OF THE THIRTY-FIVE YEAR BENEFIT FOR A LARGE RENTAL PROJECT, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE AFFORDABILITY REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION BY SUCH LARGE RENTAL PROJECT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION SEVENTEEN OF THIS SECTION. (B) A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE SITE. A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION. 22. THE PROVISIONS OF SUBDIVISIONS ONE THROUGH TWENTY-ONE OF THIS SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS THAT ON OR BEFORE S. 8306 75 A. 8806 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND- ING IS EXECUTED BY ONE, OR MORE, REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY AS WELL AS ONE, OR MORE, REPRESEN- TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND (B) NOTICE OF SUCH FULL EXECUTION IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING SHALL INCLUDE PROVISIONS REGARDING WAGES OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD- INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF THIS SECTION; PROVIDED, HOWEVER, THAT SUCH MEMORANDUM SHALL ALSO ADDRESS ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA- TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV) A SCHEDULE OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS SECTION. THE TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN UNITS THAT RECEIVE BENEFITS UNDER THIS SECTION AFTER THE MEMORANDUM OF UNDERSTANDING IS EXECUTED. NOTWITHSTANDING THE FOREGOING, 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. § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph h is added to read as follows: f. funds provided pursuant to subdivision three of section twenty- eight hundred fifty-three of the education law; [and] g. any other public monies, credits, savings or loans, determined by the public subsidy board created in section two hundred twenty-four-c of this article as exempt from this definition[.]; AND H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-X OF THE REAL PROP- ERTY TAX LAW. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section 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. § 4. This act shall take effect immediately; provided, however, that the department of housing preservation and development shall notify the legislative bill drafting commission upon the occurrence of the execution of the memorandum of understanding provided for in subdivision twenty-two of section 485-x of the real property tax law as added by section one of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section S. 8306 76 A. 8806 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 U of this act shall be as specifically set forth in the last section of such Parts.
2023-S8306A - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, Generally
2023-S8306A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses
2023-S8306A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8306--A A. 8806--A S E N A T E - A S S E M B L Y January 17, 2024 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to allowable transportation expenses; to amend the education law, in relation to transportation aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal prekinder- garten and the Statewide universal full-day pre-kindergarten program; to amend the education law, in relation to implementation of the smart schools bond act of 2014; to amend the education law, in relation to special apportionments and grants-in-aid to school districts; to amend chapter 91 of the laws of 2002 amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to extending the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relat- ing to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effective- ness thereof; to amend the education law, in relation to state aid adjustments; to amend the education law, in relation to extending certain provisions of the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to maximum class sizes for special classes for certain students with disabili- ties; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-02-4 S. 8306--A 2 A. 8806--A the effectiveness thereof; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2023-2024 school year withholding a portion of employment preparation education aid and in relation to the effective- ness thereof; to amend the education law, in relation to the financing of charter schools; to amend part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, in relation to extending the date for the submission of such recommen- dations; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effec- tiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; and providing for support of public libraries; to repeal certain provisions of the education law relating to phase-in foundation increase; and to repeal certain provisions of the education law relating to foundation aid (Part A); to amend the education law, in relation to establishing evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); to amend the education law, in relation to directing the commissioner of education to require the completion of a FAFSA or a waiver of such requirement and requires school districts issue annual reports on students completing the FAFSA and the waiver (Part C); to amend the education law, in relation to eligibility for unrestricted aid to independent colleges and universities (Part D); to amend the education law, in relation to ensuring informational coordination between state educa- tional agencies (Part E); to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part F); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for resi- dential school placements, in relation to the effectiveness thereof (Part G); 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 H); to amend the family court act and the domestic relations law, in relation to establishment and modifica- tion of child support orders (Part I); to amend the labor law, in relation to nursing employees' right to express breast milk (Part J); to amend the labor law, in relation to limiting liquidated damages in certain frequency of pay violations (Part K); to amend the labor law, in relation to civil penalties for violations of certain provisions for the payment of wages (Part L); to amend chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, in relation to providing for the expiration and repeal of such provisions (Part M); to utilize reserves in the mortgage insur- ance fund for various housing purposes (Part N); to amend the criminal S. 8306--A 3 A. 8806--A procedure law and the penal law, in relation to the crime of deed theft; to amend the real property actions and proceedings law, in relation to the partition of heirs' property; and to amend the real property law, in relation to allowing transfer on death deeds (Part O); relating to the conveyance and use of real property owned and maintained by the State University of New York at Farmingdale (Subpart A); relating to the conveyance and use of real property owned and maintained by the State University of New York at Stony Brook (Subpart B); and relating to the conveyance and use of real property owned and maintained by the New York State Department of Transportation (Subpart C) (Part P); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part Q); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more (Part R); to amend the multiple dwelling law, in relation to establishing a program to address the legalization of specified basement and cellar dwelling units and the conversion of other specified basement and cellar dwelling units in a city with a population of one million or more (Part S); to amend the real property tax law, in relation to eligible multiple dwellings under the affordable New York housing program (Part T); and to amend the real property tax law and the labor law, in relation to enacting the affordable neighborhoods for New Yorkers tax incentive (Part U) 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 2024-2025 state fiscal year. Each component is wholly contained within a Part identified as Parts A through U. 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 2023, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district S. 8306--A 4 A. 8806--A are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school S. 8306--A 5 A. 8806--A year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty--two thousand twen- ty-one school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two thousand twenty-one school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-two--two thousand twenty- three school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twenty-one--two thousand twenty-two school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty-two--two thousand twenty- S. 8306--A 6 A. 8806--A 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; 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. The opening paragraph of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the SUM OF THE TRANSITION ADJUSTMENT PLUS THE product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foundation formula aid[, provided, however that for the two thousand seven--two thousand eight through two thousand eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand seven--two thousand eight school year computed pursuant to subparagraph (i) of paragraph j of subdivision one of this section, plus the phase-in foun- dation increase computed pursuant to paragraph b of this subdivision, S. 8306--A 7 A. 8806--A and provided further that for the two thousand twelve--two thousand thirteen school year, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid paya- ble in the two thousand eleven--two thousand twelve school year computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand thirteen--two thousand fourteen school year and thereafter, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivi- sion, and provided further that for the two thousand sixteen--two thou- sand seventeen school year, no eligible school districts shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to subparagraph (ii) of paragraph j of subdivi- sion one of this section plus the sum of (A) the phase-in foundation increase, (B) the executive foundation increase with a minimum increase pursuant to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMUNITY SCHOOLS AID" in the computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen--two thousand seventeen school year and entitled "BT161-7", where (1) "eligible school district" shall be defined as a district with (a) an unrestricted aid increase of less than seven percent (0.07) and (b) a three year average free and reduced price lunch percent greater than fifteen percent (0.15), and (2) "unrestricted aid increase" shall mean the quotient arrived at when dividing (a) the sum of the executive foundation aid increase plus the gap elimination adjustment for the base year, by (b) the difference of foundation aid for the base year less the gap elimination adjustment for the base year, and (3) "executive foundation increase" shall mean the difference of (a) the amounts set forth for each school district as "FOUNDATION AID" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen--two thousand seventeen school year and entitled "BT161-7" less (b) the amounts set forth for each school district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS" in such computer listing and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and the due-minimum percent which shall be, for the two thousand twelve--two thousand thirteen school year, one hundred and six-tenths percent (1.006) and for the two thousand thirteen--two thousand fourteen school year for city school districts of those cities having populations in excess of one hundred twenty-five thousand and less than one million inhabitants one hundred and one and one hundred and seventy-six thou- sandths percent (1.01176), and for all other districts one hundred and three-tenths percent (1.003), and for the two thousand fourteen--two thousand fifteen school year one hundred and eighty-five hundredths percent (1.0085), and for the two thousand fifteen--two thousand sixteen school year, one hundred thirty-seven hundredths percent (1.0037), subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent for any school year other than the two thousand seventeen--two thousand eighteen school year, provided, S. 8306--A 8 A. 8806--A however, that for the two thousand sixteen--two thousand seventeen school year such maximum shall be no more than the sum of (i) the prod- uct of such total foundation aid base and one hundred fifteen percent plus (ii) the executive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen-- two thousand seventeen school year and entitled "BT161-7" and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision]. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, are amended to read as follows: (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the EIGHT-YEAR AVERAGE OF THE percentage increase in the consumer price index as defined by paragraph hh of subdivision one of this section[, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjustment, the percentage increase in the consumer price index shall be deemed to be two and nine-tenths percent (0.029), and provided further that the foundation amount for the two thousand seven--two thousand eight school year shall be five thousand two hundred fifty-eight dollars, and provided further that for the two thousand seven--two thousand eight through two thousand seventeen--two thousand eighteen school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivision] FOR THE TEN MOST RECENT CALENDAR YEARS EXCLUDING THE HIGHEST AND LOWEST VALUES. (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three[, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths S. 8306--A 9 A. 8806--A (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154)]. The income wealth index shall be calculated pursuant to paragraph d of subdivision three of this section, provided, however, that for the purposes of computing the expected mini- mum local contribution the income wealth index shall not be less than sixty-five percent (0.65) and shall not be more than two hundred percent (2.0) [and provided however that such income wealth index shall not be more than ninety-five percent (0.95) for the two thousand eight--two thousand nine school year, and provided further that such income wealth index shall not be less than zero for the two thousand thirteen--two thousand fourteen school year]. The selected actual valuation shall be calculated pursuant to paragraph c of subdivision one of this section. Total wealth foundation pupil units shall be calculated pursuant to paragraph h of subdivision two of this section. § 4. Paragraph b of subdivision 4 of section 3602 of the education law is REPEALED and a new paragraph b is added to read as follows: B. TRANSITION ADJUSTMENT. THE TRANSITION ADJUSTMENT SHALL EQUAL THE PRODUCT OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AS DEFINED IN PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION, BUT NOT LESS THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE DIFFERENCE, IF ANY, OF (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR PURSUANT TO THIS SUBDIVISION LESS (II) THE PRODUCT OF TOTAL AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND ENTITLED "BT242-5". § 5. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 6 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE school years a city school district of a city having a popu- lation of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 6. Paragraphs b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of section 3602 of the education law are REPEALED. § 7. Paragraph k of subdivision 4 of section 3602 of the education law is REPEALED. § 8. The undesignated closing paragraph of subdivision 3 of section 3602 of the education law, as added by section 13 of part B of chapter 57 of the laws of 2007, is amended to read as follows: Such result shall be expressed as a decimal carried to three places without rounding, but shall not be greater than ninety hundredths nor less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS. § 9. Intentionally omitted. § 10. Paragraph j of subdivision 1 of section 3602 of the education law is amended by adding a new subparagraph (iii) to read as follows: S. 8306--A 10 A. 8806--A (III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE TWO THOU- SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID PAYABLE IN SUCH SCHOOL YEARS, SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE ON OR AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST SCHOOL YEAR IN WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI- TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART. § 11. Subparagraphs 2 and 3 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, are amended to read as follows: (2) is a construction emergency project to remediate emergency situ- ations which arise in public school buildings and threaten the health and/or safety of building occupants, as a result of the unanticipated discovery of asbestos or other hazardous substances during construction work on a school or significant damage caused by a fire, snow storm, ice storm, excessive rain, high winds, flood or a similar catastrophic event which results in the necessity for immediate repair[; and/or (3) if bonded pursuant to paragraph j of subdivision six of this section, would cause a city school district in a city having a popu- lation of less than one hundred twenty-five thousand inhabitants to exceed ninety-five percent of its constitutional debt limit provided, however, that any debt issued pursuant to paragraph c of section 104.00 of the local finance law shall not be included in such calculation]. § 12. The opening paragraph of subdivision 2 of section 3623-a of education law, as added by section 86 of chapter 474 of the laws of 1996, is amended to read as follows: Allowable transportation capital, debt service and lease expense shall include base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION, NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND- ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA- GRAPH D OF SUBDIVISION THREE OF THIS SECTION. § 13. Subdivision 3 of section 3623-a of the education law is amended by adding added a new paragraph d to read as follows: D. (1) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI- RONMENTAL CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE. (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT SERVICE, OR LEASES WHICH ARE RELATED TO COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS, PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON- MENTAL CONSERVATION LAW, SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD- UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW. S. 8306--A 11 A. 8806--A (3) THE ENTITY AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON- MENTAL CONSERVATION LAW SHALL PROVIDE TO THE COMMISSIONER A LIST OF GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO- EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM SUCH VOUCHER, THE DATE ON WHICH THE PAYMENT OR GRANT WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. § 14. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 56 of the laws of 2023, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year through the two thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-FIVE school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 15. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 56 of the laws of 2023, 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY- FIVE school year equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand S. 8306--A 12 A. 8806--A ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 16. Paragraph d of subdivision 10 of section 3602-e of the education law, as amended by section 23-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: d. Notwithstanding any other provision of this section, apportionments under this section greater than the amounts provided in the two thousand sixteen--two thousand seventeen school year shall only be used to supplement and not supplant current local expenditures of [state or] local funds on prekindergarten programs and the number of eligible full- day four-year-old prekindergarten pupils and eligible full-day three- year-old prekindergarten pupils in such programs from such sources. Current local expenditures shall include any local expenditures of [state or] local funds used to supplement or extend services provided directly or via contract to eligible children enrolled in a universal prekindergarten program pursuant to this section. § 17. Subdivision 13 of section 3602-ee of the education law, as added by section 1 of part CC of chapter 56 of the laws of 2014, is amended to read as follows: 13. Apportionments under this section shall only be used to supplement and not supplant current local expenditures of federal[, state] or local funds on pre-kindergarten programs and the number of slots in such programs from such sources. Current local expenditures shall include any local expenditures of federal[, state] or local funds used to supplement or extend services provided directly or via contract to eligible chil- dren enrolled in a universal pre-kindergarten program pursuant to section thirty-six hundred two-e of this part. § 18. Subdivision 16 of section 3602-ee of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2023, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-four] TWENTY-FIVE; provided that the program shall continue and remain in full effect. § 19. Paragraphs a and b of subdivision 16 of section 3641 of the education law, as added by section 2 of part C of chapter 56 of the laws of 2014, subparagraph 3 of paragraph b as amended by section 3 of part YYY of chapter 59 of the laws of 2017, are amended to read as follows: a. Definitions. The following terms, whenever used or referred to in this subdivision, unless the context indicates otherwise, shall have the following meanings: (1) "Bonds" shall mean general obligation bonds issued pursuant to the "smart schools bond act of 2014" in accordance with article VII of the New York state constitution and article five of the state finance law. [(2) "Smart schools review board" shall mean a body comprised of the chancellor of the state university of New York, the director of the budget, and the commissioner, or their respective designees. (3)] (2) "Smart schools investment plan" shall mean a document prepared by a school district setting forth the smart schools project or projects to be undertaken with such district's smart schools allocation. [(4)] (3) "Smart schools project" shall mean a capital project as set forth and defined in subparagraphs FOUR, five, six[,] OR seven [or eight] of this paragraph. S. 8306--A 13 A. 8806--A [(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU) replacement project" shall mean a capital project which, as a primary purpose, expands the availability of adequate and appropriate instruc- tional space for pre-kindergarten or provides for the expansion or construction of adequate and appropriate instructional space to replace TCUs. [(6)] (5) "Community connectivity project" shall mean a capital project which, as a primary purpose, expands high-speed broadband or wireless internet connectivity in the local community, including school buildings and campuses, for enhanced educational opportunity in the state. [(7)] (6) "Classroom technology project" shall mean a capital project to expand high-speed broadband or wireless internet connectivity solely for school buildings and campuses, or to acquire learning technology hardware for schools, classrooms, and student use, including but not limited to whiteboards, computer servers, desktop computers, laptop computers, and tablet computers. [(8)] (7) "School safety and security technology project" shall mean a capital project to install high-tech security features in school build- ings and on school campuses, including but not limited to video surveil- lance, emergency notification systems and physical access controls, for enhanced educational opportunity in the state. [(9)] (8) "Selected school aid" shall mean the sum of the amounts set forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget proposal for the two thousand fourteen-fifteen school year. [(10)] (9) "Smart schools allocation" shall mean, for each school district, the product of (i) two billion dollars ($2,000,000,000) multi- plied by (ii) the quotient of such school district's selected school aid divided by the total selected school aid to all school districts. b. Smart schools investment plans. (1) [The smart schools review board] SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER shall issue guidelines setting forth required components and eligibility criteria for smart schools investment plans to be submitted by school districts. Such guidelines shall include but not be limited to: (i) a timeline for school district submission of smart schools investment plans; (ii) any requirements for the use of available state procurement options where applicable; (iii) any limitations on the amount of a district's smart schools allocation that may be used for assets with a short probable life; and (iv) the loan of smart schools classroom technology pursuant to section seven hundred fifty-five of this chapter. (2) No school district shall be entitled to a smart schools grant until such district shall have submitted a smart schools investment plan to the [smart schools review board] DEPARTMENT and received [such board's] THE COMMISSIONER'S approval of such investment plan. In devel- oping such investment plan, school districts shall consult with parents, teachers, students, community members and other stakeholders. (3) The [smart schools review board] COMMISSIONER shall review all smart schools investment plans for compliance with all eligibility criteria and other requirements set forth in the guidelines. The [smart S. 8306--A 14 A. 8806--A schools review board] COMMISSIONER may approve or reject such plans, or may return such plans to the school district for modifications; provided that notwithstanding any inconsistent provision of law, the [smart schools review board] COMMISSIONER shall approve no such plan first submitted to the department on or after April fifteenth, two thousand seventeen, unless such plan calculates the amount of classroom technolo- gy to be loaned to students attending nonpublic schools pursuant to section seven hundred fifty-five of this chapter in a manner that includes the amount budgeted by the school district for servers, wire- less access points and other portable connectivity devices to be acquired as part of a school connectivity project. Upon approval, the smart schools project or projects described in the investment plan shall be eligible for smart schools grants. A smart schools project included in a school district's smart schools investment plan shall not require separate approval of the commissioner unless it is part of a school construction project required to be submitted for approval of the commissioner pursuant to section four hundred eight of this chapter and/or subdivision six of section thirty-six hundred two of this arti- cle. Any department, agency or public authority shall provide the [smart schools review board] DEPARTMENT with any information it requires to fulfill its duties pursuant to this subdivision. (4) Any amendments or supplements to a smart schools investment plan shall be submitted to the [smart schools review board] DEPARTMENT for approval, and shall not take effect until such approval is granted. § 20. Section 34 of chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by chapter 364 of the laws of 2022, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed June 30, [2024] 2028 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2024] 2028 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 S. 8306--A 15 A. 8806--A of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. § 21. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils and community super- intendents, as amended by chapter 364 of the laws of 2022, is amended to read as follows: 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2024] 2028. § 22. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by S. 8306--A 16 A. 8806--A the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget.] IT IS FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOU- SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR AND ENTITLED "BT242-5", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. § 23. The opening paragraph of section 3609-a of the education law, as amended by section 18 of part A of chapter 56 of the laws of 2023, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand twenty-three--two thousand twenty-four school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each S. 8306--A 17 A. 8806--A school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individual- ized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdi- vision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdi- vision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdi- vision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven- nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this arti- cle, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. [For aid payable in the two thousand twenty-three--two thousand twenty- four school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA232-4".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI- ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP- TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISIONS SIX OF SECTION NINE- TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU- ANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, S. 8306--A 18 A. 8806--A MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI- VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC- IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5". § 24. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE. § 25. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [twenty-four] TWENTY-NINE, 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 S. 8306--A 19 A. 8806--A 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. § 26. 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 38 of part YYY of chapter 59 of the laws of 2019, 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, [2024] 2029 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, [2024] 2029; § 27. 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 20 of part A of chapter 56 of the laws of 2023, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, [and] reimbursement for the 2023--2024 school year shall not exceed 54.7 percent of the lesser of such approvable costs per contact hour or seventeen dollars and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN CENTS PER CONTACT S. 8306--A 20 A. 8806--A HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); for the 2021--2022 school year such contact hours shall not exceed one million four hundred sixteen thousand one hundred twenty-two (1,416,122); for the 2022--2023 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); [and] for the 2023--2024 school year such contact hours shall not exceed one million three hundred forty-two thousand nine hundred seventy-five (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE (1,063,829). 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 subdivi- sion 11 of section 3602 of the education law. § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion cc to read as follows: CC. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2023, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed June 30, [2024] 2025. § 30. Paragraph (d) of subdivision 1 of section 2856 of the education law, as amended by section 36-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of S. 8306--A 21 A. 8806--A a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 31. Paragraph (c) of subdivision 1 of section 2856 of the education law, as amended by section 36-d of part A of chapter 56 of the laws of 2021, is amended to read as follows: (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, is amended to read as follows: 3. The state education department shall present its recommendations and analysis to the governor, the director of the division of the budg- et, the temporary president of the senate, the speaker of the assembly, the chairperson of the senate finance committee, and the chairperson of the assembly ways and means committee no later than July 1, [2025] 2027. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 23 of part A of chapter 56 of the laws of 2022, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided S. 8306--A 22 A. 8806--A further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2024] 2029. § 34. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 46 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2024] 2029 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 35. 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 2025 and not later than the last day of the third full business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and June 30, 2024 and such apportionment shall not exceed the sum of (a) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (d) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 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 S. 8306--A 23 A. 8806--A 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 one and two 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 apportionment 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 para- graph, 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. § 36. 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, 2025, 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, 2025 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision one of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. 3. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions one and two of this section shall first be deducted from S. 8306--A 24 A. 8806--A 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 apportionment 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 para- graph, 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. § 37. 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 2024--2025 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) any instructional or instructional support costs associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards S. 8306--A 25 A. 8806--A 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 2024--2025 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 2024--2025 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 2024--2025 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 38. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2024 enacting the aid to localities budget shall be apportioned for the 2024--2025 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of such chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2024--2025 by a chapter of the laws of 2024 enacting the aid to localities budget S. 8306--A 26 A. 8806--A 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. § 39. 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, 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. § 40. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2024, provided, however, that: 1. sections one, two, three, four, five, six, eight, ten, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three, twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall take effect July 1, 2024; 2. section seven of this act shall take effect July 1, 2025; 3. the amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twenty-seven and twenty-eight of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith; and 4. the amendments to paragraph (d) of subdivision 1 of section 2856 of the education law made by section thirty of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section thirty-one of this act shall take effect. PART B Section 1. The education law is amended by adding a new section 818 to read as follows: § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1. (A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE. INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE- TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP- MENT, READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE, ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK. SUCH INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE APPROPRIATE. (B) ALL SCHOOL DISTRICTS IN THE STATE SHALL ANNUALLY REVIEW THEIR CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING FOR STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY S. 8306--A 27 A. 8806--A ALIGN WITH THE READING INSTRUCTIONAL BEST PRACTICES ISSUED BY THE COMMISSIONER, AND THAT ALL EARLY READING INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE. 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME- WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC, AND CULTURAL IDENTITIES; ENGAGES STUDENTS WITH RIGOROUS, SUPPORTIVE INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER- ENCE; ELEVATES HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS AS AGENTS OF SOCIAL CHANGE. (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN INTERDISCIPLI- NARY BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND COMPETENCIES DEVELOP FROM PREKINDERGARTEN THROUGH SECONDARY EDUCATION AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY. (C) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS. (D) "COMPREHENSION" MEANS A FUNCTION OF WORD RECOGNITION SKILLS AND LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK- GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS IN FRONT OF THEM. IT ALSO INCLUDES THE ACTIVE PROCESS THAT REQUIRES INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER- ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT EXPLICITLY BY DEMONSTRATING, EXPLAINING, MODELING AND IMPLEMENTING SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS DERIVE MEANING THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES. (E) "READING FLUENCY" MEANS THE ABILITY TO READ WORDS, PHRASES, AND SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION. (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS AND INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING, SPEAKING, READING, AND WRITING, WHICH IS DIRECTLY RELATED TO SCHOOL ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS. 3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS IN THE STATE SHALL CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND INSTRUCTIONAL STRATEGIES AND TEACHER PROFESSIONAL DEVELOPMENT IN THE SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL OF THE ELEMENTS OF THE INSTRUCTIONAL BEST PRACTICES ISSUED BY THE COMMISSIONER PURSUANT TO THIS SECTION. 4. COMPLIANCE WITH THIS SECTION SHALL BE SUBJECT TO REVIEW BY THE COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. § 2. This act shall take effect immediately. PART C Section 1. Section 305 of the education law is amended by adding a new subdivision 61 to read as follows: 61. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION REFLECTING ONE OF THE FOLLOWING FROM THE PARENT OR GUARDIAN OF EACH STUDENT OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH THE STUDENT IS A SENIOR ENROLLED IN SUCH SCHOOL DISTRICT: (1) CERTIFICATION OF COMPLETION AND SUBMISSION OF EITHER THE FREE APPLICATION FOR FEDERAL S. 8306--A 28 A. 8806--A STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM PROMULGATED BY THE DEPARTMENT, TO BE FILED WITH THE STUDENT'S SCHOOL DISTRICT INDICATING THAT THE PARENT OR GUARDIAN OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, THE STUDENT, UNDERSTANDS WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN APPLICATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH. FOR PURPOSES OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, THE REQUIRED CERTIF- ICATION SHALL NOT DESIGNATE WHICH TYPE OF APPLICATION WAS SUBMITTED BY THE PARENT, GUARDIAN, OR STUDENT. B. ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA FOR ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL: (1) THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; (2) THE NUMBER OF STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI- SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED. C. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE STATE-SPONSORED SCHOLAR- SHIPS, FINANCIAL AID AND ASSISTANCE AVAILABLE TO STUDENTS ATTENDING COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER- RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA. § 2. This act shall take effect on the first of July 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 D Section 1. The opening paragraph of paragraph (a) of subdivision 2 of section 6401 of the education law, as amended by chapter 717 of the laws of 1981, is amended to read as follows: Notwithstanding the provisions of any other law, in order to qualify for state aid apportionments pursuant to this section, any institution of higher education must meet either the requirements set forth in subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter- native, the requirements set forth in paragraph (b) of this subdivision: § 2. Paragraph (a) of subdivision 2 of section 6401 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) THE INSTITUTION MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA- TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS. § 3. Paragraph (b) of subdivision 2 of section 6401 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) THE SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA- S. 8306--A 29 A. 8806--A TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS. § 4. Subdivision 3 of section 6401 of the education law, as amended by chapter 361 of the laws of 2014, is amended to read as follows: 3. Degree awards. The amount of such annual apportionment to each institution meeting the requirements of subdivision two of this section shall be computed by multiplying by not to exceed six hundred dollars the number of earned associate degrees, by not to exceed one thousand five hundred dollars the number of earned bachelor's degrees, by not to exceed nine hundred fifty dollars the number of earned master's degrees, and by not to exceed four thousand five hundred fifty dollars the number of earned doctorate degrees, conferred by such institution during the twelve-month period next preceding the annual period for which such apportionment is made, provided that there shall be excluded from any such computation the number of degrees earned by students with respect to whom state aid other than that established by this section or section sixty-four hundred one-a of this article is granted directly to the institution, and provided further that, except as otherwise provided in this subdivision, the amount apportioned for an associate degree shall be awarded only to two year institutions qualifying under subdivision two of this section. The regents shall promulgate rules defining and classifying professional degrees for the purposes of this section. Institutions qualifying for state aid pursuant to the provisions of paragraph (b) of subdivision two of this section shall, for purposes of this subdivision, be deemed to be the institutions which confer degrees. For purposes of this subdivision, a two-year institution which has received authority to confer bachelor degrees shall continue to be considered a two-year institution until such time as it has actually begun to confer the bachelor's degree. Thereafter, notwithstanding any other provision of law to the contrary, an institution which was former- ly a two-year institution for the purposes of this section and which was granted authority by the regents to confer bachelor degrees, (a) such authority having been granted after the first day of June, nineteen hundred ninety-three, but before the first day of July, nineteen hundred ninety-three, (b) such authority having been granted after the first day of May, two thousand five, but before the first day of June, two thou- sand five, (c) such authority having been granted after the first day of April, two thousand nine, but before the first day of May, two thousand nine, or (d) such authority having been granted after the first day of December, two thousand nine, but before the first day of January, two thousand ten, may elect to continue to receive awards for earned associ- ate degrees. Should such institution so elect, it shall not be eligible during the time of such election to receive awards for earned bachelor's degrees. NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION, IN THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO ALL INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION WOULD OTHERWISE EXCEED THE TOTAL AMOUNT APPROPRIATED FOR UNRESTRICTED AID TO INDEPENDENT COLLEGES AND UNIVERSITIES, THE ANNUAL APPORTIONMENT TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY. § 5. This act shall take effect July 1, 2024. PART E Section 1. Paragraph d of subdivision 7 of section 2-d of the educa- tion law, as added by section 1 of subpart L of part AA of chapter 56 of the laws of 2014, is amended to read as follows: S. 8306--A 30 A. 8806--A d. Nothing in this section shall limit the administrative use of student data or teacher or principal data by a person acting exclusively in the person's capacity as an employee of an educational agency or of the state or any of its political subdivisions, any court or the federal government that is otherwise required by law. NOTHING IN THIS SECTION SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE CITY UNIVERSITY OF NEW YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. SECTION 1232G. § 2. Section 655 of the education law is amended by adding a new subdivision 9-a to read as follows: 9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND DATA AS THE PRESIDENT DEEMS NECESSARY FOR PURPOSES OF FINANCIAL AID PROGRAM EVALUATION. § 3. This act shall take effect immediately. PART F Section 1. Section 16 of chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 4 of part DD of chapter 56 of the laws of 2021, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided [that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire 13 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further] that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date [the] SUCH provisions [of this act] shall be deemed repealed. § 2. This act shall take effect immediately. PART G 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 V of chapter 56 of the laws of 2023, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed April 1, 2024]; 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, 2024. PART H 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$175.00] $181.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. S. 8306--A 31 A. 8806--A (b) in the case of each individual receiving residential care, an amount equal to at least [$202.00] $208.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$241.00] $249.00 for each month beginning on or after January first, two thousand [twenty-three] TWEN- TY-FOUR. (d) for the period commencing January first, two thousand [twenty- four] TWENTY-FIVE, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [twenty-four] TWENTY-FIVE, but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE, 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living alone, [$1,001.00] $1,030.00; and for an eligible couple living alone, [$1,475.00] $1,519.00. (b) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living with others with or without in-kind income, [$937.00] $966.00; and for an eligible couple living with others with or without in-kind income, [$1,417.00] $1,461.00. (c) On and after January first, two thousand [twenty-three] TWENTY- FOUR, (i) for an eligible individual receiving family care, [$1,180.48] $1,209.48 if he or she 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 eligi- ble individual receiving such care in any other county in the state, [$1,142.48] $1,171.48; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving residential care, [$1,349.00] $1,378.00 if he or she 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, [$1,319.00] $1,348.00; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving enhanced residential care, [$1,608.00] $1,637.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (i) of this paragraph. S. 8306--A 32 A. 8806--A (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-four] TWENTY- FIVE but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE. § 3. This act shall take effect December 31, 2024. PART I Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi- sion 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, is amended to read as follows: (iv) at the discretion of the court, the court may attribute or impute income from[,] such other resources as may be available to the parent, including, but not limited to: (A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or [indirecly] INDIRECTLY confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends; IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED, THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI- DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN- MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI- ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE, NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER- MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU- ANT TO THIS CLAUSE; § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows: (iv) at the discretion of the court, the court may attribute or impute income from[,] such other resources as may be available to the parent, including, but not limited to: (A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or [indirecly] INDIRECTLY confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends; IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED, THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI- S. 8306--A 33 A. 8806--A DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN- MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI- ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE, NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER- MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU- ANT TO THIS CLAUSE; § 3. Paragraph (k) of subdivision 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, is amended to read as follows: (k) When a party has defaulted and/or the court is otherwise presented with insufficient evidence to determine gross income, [the court shall order child support based upon the needs or standard of living of the child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF THIS SUBDIVISION. Such order may be retroactively modified upward, with- out a showing of change in circumstances. § 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows: (k) When a party has defaulted and/or the court is otherwise presented with insufficient evidence to determine gross income, [the court shall order child support based upon the needs or standard of living of the child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF THIS SUBDIVISION. Such order may be retroactively modified upward, with- out a showing of change in circumstances. § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of section 413 of the family court act, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support; provided that incarceration shall not be considered voluntary unemployment[, unless such incarceration is the result of non-payment of a child support order, or an offense against the custo- dial parent or child who is the subject of the order or judgment]; § 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b of section 240 of the domestic relations law, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support; provided that incarceration shall not be considered voluntary unemployment[, unless such incarceration is the result of non-payment of a child support order, or an offense against the custo- dial parent or child who is the subject of the order or judgment]; § 7. Paragraph (a) of subdivision 3 of section 451 of the family court act, as amended by chapter 313 of the laws of 2019, is amended to read as follows: S. 8306--A 34 A. 8806--A (a) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration shall not be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances [provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment]. § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of part B of section 236 of the domestic relations law, as amended by chap- ter 313 of the laws of 2019, is amended to read as follows: (i) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration shall not be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances [provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment]. § 9. This act shall take effect immediately, and shall apply to any action or proceeding pending upon or commenced on or after such effec- tive date. PART J Section 1. Subdivision 1 of section 206-c of the labor law, as amended by chapter 672 of the laws of 2022, is amended to read as follows: 1. An employer shall provide [reasonable unpaid] PAID break time [or] FOR UP TO TWENTY MINUTES, AND permit an employee to use EXISTING paid break time or meal time FOR TIME IN EXCESS OF TWENTY MINUTES, to allow an employee to express breast milk for her nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place. § 2. This act shall take effect on the sixtieth day after it shall have become a law. PART K Section 1. Subdivision 1-a of section 198 of the labor law, as amended by chapter 362 of the laws of 2015, is amended to read as follows: 1-a. On behalf of any employee paid less than the wage to which he or she is entitled under the provisions of this article, the commissioner may bring any legal action necessary, including administrative action, to collect such claim and as part of such legal action, in addition to any other remedies and penalties otherwise available under this article, the commissioner shall assess against the employer the full amount of any such underpayment, and an additional amount as liquidated damages, unless the employer proves a good faith basis for believing that its underpayment of wages was in compliance with the law. Liquidated damages shall be calculated by the commissioner as no more than one hundred percent of the total amount of wages found to be due, except such liqui- dated damages may be up to three hundred percent of the total amount of the wages found to be due for a willful violation of section one hundred ninety-four of this article. In any action instituted in the courts upon S. 8306--A 35 A. 8806--A a wage claim by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment inter- est as required under the civil practice law and rules, and, unless the employer proves a good faith basis to believe that its underpayment of wages was in compliance with the law, an additional amount as liquidated damages equal to one hundred percent of the total amount of the wages found to be due, except such liquidated damages may be up to three hundred percent of the total amount of the wages found to be due for a willful violation of section one hundred ninety-four of this article. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL NOT BE APPLICABLE TO VIOLATIONS OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE WHERE THE EMPLOYEE WAS PAID IN ACCORDANCE WITH THE AGREED TERMS OF EMPLOYMENT, BUT NOT LESS FREQUENTLY THAN SEMI-MONTHLY. § 2. This act shall take effect on the sixtieth day after it shall have become a law. PART L Section 1. Subdivision 3 of section 218 of the labor law, as amended by chapter 2 of the laws of 2015, is amended to read as follows: 3. (A) Provided that no proceeding for administrative or judicial review as provided in this chapter shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the employer resides or has a place of business the order of the commissioner, or the deci- sion of the industrial board of appeals containing the amount found to be due including the civil penalty, if any, and at the commissioner's discretion, an additional fifteen percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee, the commissioner shall assign, without consider- ation or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or liquidated damages due that employee, to that employee and may file an assignment or order in that amount in the name of that employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assignment[, order or decision] may be enforced [by and in the name of the commissioner, or] by the employee[,] in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment. (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI- CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS- SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE S. 8306--A 36 A. 8806--A DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER- EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT- TELS OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER. (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS, FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS- SIONER HAD RECOVERED JUDGMENT FOR THE SAME. § 2. Subdivision 3 of section 219 of the labor law, as amended by chapter 2 of the laws of 2015, is amended to read as follows: 3. (A) Provided that no proceeding for administrative or judicial review as provided in this chapter shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the employer resides or has a place of business the order of the commissioner or the decision of the industrial board of appeals containing the amount found to be due, including, at the commissioner's discretion, an additional fifteen percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee, the commissioner shall assign, without consideration or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or liquidated damages due the employee, to that employee and may file an assignment or order in that amount in the name of such employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assign- ment[, order or decision] may be enforced [by and in the name of the S. 8306--A 37 A. 8806--A commissioner, or] by the employee[,] in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment. (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI- CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS- SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER- EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT- TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER. (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS, FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS- SIONER HAD RECOVERED JUDGMENT FOR THE SAME. § 3. This act shall take effect immediately. PART M Section 1. Section 2 of chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, is amended to read as follows: § 2. This act shall take effect immediately AND SHALL EXPIRE AND BE DEEMED REPEALED JULY 31, 2024. § 2. This act shall take effect immediately. PART N S. 8306--A 38 A. 8806--A Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $12,830,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budg- et, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed $12,830,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2023-2024 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, 2024. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $5,360,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $5,360,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2023-2024 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, 2024. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $23,180,000 for the fiscal year ending March 31, 2025. 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 S. 8306--A 39 A. 8806--A $23,180,000, 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 2023-2024 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, 2024. § 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 $53,581,000 for the fiscal year ending March 31, 2025. 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 $53,581,000, 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 2023-2024 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, 2025. § 5. This act shall take effect immediately. PART O Section 1. Short title. This act shall be known and may be cited as the "heirs property protection and deed theft prevention act of 2024". § 2. Subdivision 3 of section 30.10 of the criminal procedure law is amended by adding a new paragraph (h) to read as follows: (H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME. § 3. The penal law is amended by adding a new article 162 to read as follows: ARTICLE 162 RESIDENTIAL AND COMMERCIAL DEED THEFT S. 8306--A 40 A. 8806--A SECTION 162.00 DEFINITIONS. 162.05 DEED THEFT IN THE THIRD DEGREE. 162.10 DEED THEFT IN THE SECOND DEGREE. 162.15 DEED THEFT IN THE FIRST DEGREE. 162.20 AGGRAVATED DEED THEFT. § 162.00 DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "DEED THEFT" IS COMMITTED BY A PERSON WHO: (A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY DOCUMENTS SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER- SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR (B) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR (C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY OTHER FRAUDULENT OR DECEPTIVE PRACTICE. (2) "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00 OF THIS PART. (3) "COMMERCIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW. (4) "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW. (5) "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW. (6) "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP- ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE- QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL NEEDS. § 162.05 DEED THEFT IN THE THIRD DEGREE. A PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY. DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY. § 162.10 DEED THEFT IN THE SECOND DEGREE. A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON COMMITS DEED THEFT OF: (1) ONE RESIDENTIAL REAL PROPERTY; OR (2) ONE COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3) THREE OR MORE COMMERCIAL PROPERTIES. DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY. § 162.15 DEED THEFT IN THE FIRST DEGREE. A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON: (1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED AS A HOME BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT INVOLVES A HOME THAT IS OWNED OR OCCUPIED BY AN ELDERLY PERSON OR AN INCOMPETENT, OR AN INCAPACITATED PERSON, OR PHYSICALLY DISABLED PERSON. DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY. S. 8306--A 41 A. 8806--A § 162.20 AGGRAVATED DEED THEFT. A PERSON IS GUILTY OF AGGRAVATED DEED THEFT WHEN SUCH PERSON COMMITS DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES. AGGRAVATED DEED THEFT IS A CLASS B FELONY. § 4. Subdivision 3 of section 187.00 of the penal law, as amended by chapter 507 of the laws of 2009, is amended to read as follows: 3. "Residential real property" means real property THAT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT IS improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed. § 5. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. PROHIBITION ON INITIATION OF A PARTITION ACTION. NO PARTITION ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES OF THE HEIRS PROPERTY FROM A RELATIVE. § 6. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 13 to read as follows: 13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR SHARES OF AN HEIRS PROPERTY AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER- OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER- TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHER- ITED THEIR SHARE OR SHARES OF THE PROPERTY SHALL HAVE THE RIGHT TO PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND CONDITIONS OF THE OFFER OR COUNTEROFFER. (B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE PENDING OFFER. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE OTHER CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED OF THE OFFER TO MATCH SUCH OFFER. (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP- ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE OF TWO PERCENT PER ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE. § 7. The real property law is amended by adding a new section 424 to read as follows: § 424. TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER ON DEATH DEED. (B) "DESIGNATED BENEFICIARY" MEANS A PERSON DESIGNATED TO RECEIVE PROPERTY IN A TRANSFER ON DEATH DEED. S. 8306--A 42 A. 8806--A (C) "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP. THE TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A TENANT IN COMMON OR OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP. (D) "PERSON" INCLUDES A NATURAL PERSON, AN ASSOCIATION, BOARD, ANY CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP OR OTHER FIRM AND THE STATE. (E) "PROPERTY" MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THIS STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER. (F) "TRANSFER ON DEATH DEED" MEANS A DEED AUTHORIZED UNDER THIS SECTION. (G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES A TRANSFER ON DEATH DEED. 2. NONEXCLUSIVITY. THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS- FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE. 3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP- ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. 4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO- CABLE EVEN IF THE DEED OR ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION. 5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS NONTESTAMENTARY. 6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A WILL. 7. REQUIREMENTS. A TRANSFER ON DEATH DEED: (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN THE ESSENTIAL ELEMENTS AND FORMALITIES OF A PROPERLY RECORDABLE INTER VIVOS DEED; (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR'S DEATH; (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED; (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND (E) SHALL BE RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED. 8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED. A TRANS- FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT: (A) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY DURING THE TRANSFEROR'S LIFE; OR (B) CONSIDERATION. 9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT- TED. (A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF IT, ONLY IF THE INSTRUMENT: (1) IS ONE OF THE FOLLOWING: (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED EXPRESSLY OR BY INCONSISTENCY; (B) AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR PART OF THE DEED; OR S. 8306--A 43 A. 8806--A (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH DEED OR PART OF THE DEED; AND (2) IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE DEED BEING REVOKED AND RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED IS RECORDED. (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR: (1) REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE INTEREST OF ANOTHER TRANSFEROR; AND (2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY ALL OF THE LIVING JOINT OWNERS. (C) AFTER A TRANSFER ON DEATH DEED IS RECORDED, IT SHALL NOT BE REVOKED BY A REVOCATORY ACT ON THE DEED. (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER OF THE PROPERTY. 10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT: (A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER, INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY; (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER- EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (D) AFFECT THE TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE; (E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED BENEFICIARY; OR (F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR OF THE DESIGNATED BENEFICIARY. 11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT DEATH: (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD- ANCE WITH THE DEED. (2) THE INTEREST OF A DESIGNATED BENEFICIARY IS CONTINGENT ON THE DESIGNATED BENEFICIARY SURVIVING THE TRANSFEROR. THE INTEREST OF A DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES. (3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER- ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED SHARES WITH NO RIGHT OF SURVIVORSHIP. (4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI- ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER, OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING PART OF THE PROPERTY HELD CONCURRENTLY. (B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, CONTRACTS, MORTGAGES, LIENS, AND OTHER INTERESTS TO WHICH THE PROPERTY IS SUBJECT AT THE TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED AT THE TRANSFEROR'S DEATH. S. 8306--A 44 A. 8806--A (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED SHALL BELONG TO THE SURVIVING JOINT OWNER OR OWNERS WITH RIGHT OF SURVIVORSHIP. (D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE. (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION. 12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH- ING IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD, UNDUE INFLUENCE, DURESS, MISTAKE, OR OTHER INVALIDATING CAUSE TO A TRANSFER OF PROPERTY. (B) DIVORCE, ANNULMENT OR DECLARATION OF NULLITY, OR DISSOLUTION OF MARRIAGE, SHALL HAVE THE SAME EFFECT ON A TRANSFER ON DEATH DEED AS OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW. 13. RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE- FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED IN A WILL. 14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE EXTENT THE TRANSFEROR'S PROBATE ESTATE IS INSUFFICIENT TO SATISFY AN ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING SPOUSE OR CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR MORE TRANSFER ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS APPORTIONED AMONG THE PROPERTIES IN PROPORTION TO THEIR NET VALUES AT THE TRANSFEROR'S DEATH. (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION MUST BE COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH. 15. FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE A TRANSFER ON DEATH DEED: (FRONT OF FORM) REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF THIS FORM. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC- TIVE. IDENTIFYING INFORMATION OWNER OR OWNERS MAKING THIS DEED: ____________________________________________________ PRINTED NAME MAILING ADDRESS S. 8306--A 45 A. 8806--A ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: ____________________________________________________ PRIMARY BENEFICIARY I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE ALTERNATE BENEFICIARY - OPTIONAL IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE TRANSFER ON DEATH AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT TO REVOKE THIS DEED. SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES ____________________________________________________ SIGNATURE DATE S. 8306--A 46 A. 8806--A ____________________________________________________ SIGNATURE DATE ____________________________________________________ NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO? WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY LIENS OR MORTGAGES (OR OTHER ENCUMBRANCES) ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH. IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY? YES. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED? YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED. HOW DO I "RECORD" THE TOD DEED? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE DEED IN EACH COUNTY. CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND? S. 8306--A 47 A. 8806--A YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED. HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED? THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED: (1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE THE TOD DEED BY WILL. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMILY MEMBER, FRIEND, OR LAWYER. DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED? NO, BUT IT IS RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER. 16. FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO REVOKE A TRANSFER ON DEATH DEED. (FRONT OF FORM) REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE, OR IT WILL NOT BE EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE PROPERTY OF OWNERS WHO SIGN THIS REVOCATION. IDENTIFYING INFORMATION OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION: ____________________________________________________ PRINTED NAME MAILING ADDRESS S. 8306--A 48 A. 8806--A ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: ____________________________________________________ REVOCATION I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH DEED. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN- TY WHERE THE PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT. S. 8306--A 49 A. 8806--A HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. HOW DO I "RECORD" THE FORM? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE FORM IN EACH OF THOSE COUNTIES. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI- LY MEMBER, FRIEND, OR LAWYER. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, CONSULT A LAWYER. § 8. This act shall take effect on the ninetieth day after it shall have become a law, provided that section 424 of the real property law, as added by section seven of this act, shall apply to any transfer on death deed made before, on, or after the effective date of this act by a transferor dying on or after the effective date of this act. PART P Section 1. This Part enacts into law components of legislation relat- ing to the conveyance and use of real property owned and maintained by the state university of New York and the New York state department of transportation. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each partic- ular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes refer- ence to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Legislative findings. The legislature finds that the state university of New York at Farmingdale ("Farmingdale") seeks to use approximately 8.7 acres of vacant land on Farmingdale's campus to build multi-purpose facilities to support housing needs and supporting amen- ities, fulfilling a necessary and vital public purpose. The legislature further finds that granting the trustees of the State University of New York ("Trustees") the authority and power to lease and otherwise contract to make available grounds and facilities of the Farmingdale campus will ensure such land is utilized for the benefit of Farmingdale, the surrounding community, and the general public. S. 8306--A 50 A. 8806--A § 2. Notwithstanding any other law to the contrary, the Trustees are authorized and empowered, without any public bidding, to lease and otherwise contract to make available to Farmingdale state development corporation, a not-for-profit corporation (the "ground lessee"), a portion of the lands of Farmingdale generally described in this act for the purpose of developing, constructing, maintaining and operating multi-purpose facilities to support housing needs and supporting amen- ities. Such lease or contract shall be for a period not exceeding nine- ty-nine years without any fee simple conveyance and otherwise upon terms and conditions determined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately termi- nate and the real property and any improvements thereon shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements thereon shall revert to the state university of New York on the expiration of such contract or lease. Any and all proceeds related to the leases author- ized by this act shall be used for the benefit of the Farmingdale campus and the allocation of such proceeds shall be subject to approval by the Trustees. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 5. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by Farmingdale state development corporation, and parties contracting with Farmingdale state development corporation, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mort- gages and assignments of rents and leases, by Farmingdale state develop- ment corporation and parties contracting with Farmingdale state develop- ment corporation for the purposes of completing the project described in this act. § 6. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons S. 8306--A 51 A. 8806--A on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 7. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 8. The property authorized by this act to be leased to Farmingdale state development corporation is generally described as that parcel of real property with improvements thereon consisting of a total of 8.7 acres situated on the campus of the State University of New York at Farmingdale, subject to all existing easements and restrictions of record. The description in this section of the parcel to be made avail- able pursuant to this act is not meant to be a legal description, but is intended only to identify the parcel: The property is situated at the southwest corner of NYS Route 110 and Melville Road. The eastern boundary runs north/south along the western side of NYS Route 110 with approximately 450 feet of frontage. The northern boundary runs along Melville Road for just over 1,000 feet. § 9. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 10. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 11. This act shall take effect immediately. SUBPART B Section 1. Legislative findings. The legislature finds that the state university of New York at Stony Brook ("Stony Brook") seeks to use approximately 10 acres of underutilized land on Stony Brook's Southamp- ton campus to build multi-purpose facilities to support housing needs and supporting amenities, fulfilling a necessary and vital public purpose. The legislature further finds that granting the trustees of the State University of New York ("Trustees") the authority and power to lease and otherwise contract to make available grounds and facilities of Stony Brook's campus will ensure such land is utilized for the benefit of Stony Brook, the surrounding community, and the general public. § 2. Notwithstanding any other law to the contrary, the Trustees are authorized and empowered, without any public bidding, to lease and otherwise contract to make available to a ground lessee a portion of the lands of Stony Brook generally described in this act for the purpose of developing, constructing, maintaining and operating multi-purpose facil- ities to support housing needs and supporting amenities. Such lease or contract shall be for a period not exceeding ninety-nine years without any fee simple conveyance and otherwise upon terms and conditions deter- mined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately terminate and the real property and any improvements thereon shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or S. 8306--A 52 A. 8806--A contract and any improvements thereon shall revert to the state univer- sity of New York on the expiration of such contract or lease. Any and all proceeds related to the leases authorized by this act shall be used for the benefit of the Stony Brook campus and the allocation of such proceeds shall be subject to approval by the Trustees. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 5. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the ground lessee, and parties contracting with the ground lessee, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mortgages and assignments of rents and leases, by the ground lessee and parties contracting with the ground lessee for the purposes of completing the project described in this act. § 6. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 7. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 8. The property authorized by this act to be leased to the ground lessee is generally described as approximately 10 acres of land situated on the Southampton campus of the state university of New York at Stony Brook, subject to all existing easements and restrictions of record. § 9. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 10. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 11. This act shall take effect immediately. S. 8306--A 53 A. 8806--A SUBPART C Section 1. Notwithstanding the provisions of section 400 of the trans- portation law, or any other provision of law to the contrary, the commissioner of transportation is hereby authorized and empowered to transfer and convey certain state-owned real property, as described in section two of this act, upon such terms and conditions as the commis- sioner may deem appropriate. § 2. The lands authorized by this act to be conveyed consist of two parcels of land in the town of Babylon, Suffolk county, constituting tax map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and generally described as approximately twelve and one-half acres of land located north of Conklin Street and east of Route 110. § 3. The description in section two of this act of the lands to be conveyed is not intended to be a legal description and is intended only to identify the premises to be conveyed. § 4. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, or subpart of this part shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of that subpart or this part, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or subpart 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 part and each subpart herein 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART Q Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows: 3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, OR AFTER CONSULTATION WITH LOCAL OFFICIALS, AS PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell- ing or dwellings on a lot shall not exceed 12.0, except that a fireproof class B dwelling in which six or more passenger elevators are maintained and operated in any city having a local zoning law, ordinance or resol- ution restricting districts in such city to residential use, may be erected in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordinance or resolution to residential uses. § 2. This act shall take effect immediately. PART R Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph e is added to read as follows: S. 8306--A 54 A. 8806--A c. Money loaned by the public entity that is to be repaid on a contin- gent basis; [or] d. Credits that are applied by the public entity against repayment of obligations to the public entity[.]; OR E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP- ERTY TAX LAW. § 2. The real property tax law is amended by adding a new section 467-m to read as follows: § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "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, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH. I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF S. 8306--A 55 A. 8806--A OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY- THREE; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY- FIRST, TWO THOUSAND THIRTY-NINE. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC- TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN- CY. V. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION 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 SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. S. 8306--A 56 A. 8806--A Y. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS WHICH SHALL BE SET FORTH IN REGU- LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN CONSULTATION WITH THE AGENCY, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE AFFORDABILITY REQUIREMENT DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI- BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS DURING THE RESTRICTION PERIOD: A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT S. 8306--A 57 A. 8806--A STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND (IV) SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY, RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- S. 8306--A 58 A. 8806--A EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE- MENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE- FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE- GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI- SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. S. 8306--A 59 A. 8806--A 8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD- ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. 13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA- TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND S. 8306--A 60 A. 8806--A B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE BENEFIT PROVIDED PURSUANT TO THIS SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION FIFTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. § 3. This act shall take effect immediately. PART S Section 1. The multiple dwelling law is amended by adding a new arti- cle 7-D to read as follows: ARTICLE 7-D LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS SECTION 288. DEFINITIONS. 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS. § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW- FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; 2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC- TIVE DATE OF THIS ARTICLE; 3. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT A WRITTEN AGREEMENT; AND 4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT DWELLING UNIT IS RENTED. § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 1. NOTWITH- STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT HEALTH AND SAFETY ARE PROTECTED, (A) THE LEGALIZATION OF SPECIFIED INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN S. 8306--A 61 A. 8806--A EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED BASE- MENT AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER. 2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT, (A) FREEDOM FROM ANY CIVIL OR ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDG- MENTS OR ANY OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY OUTSTANDING CIVIL JUDGMENTS ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE. PROVIDED THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED FURTHER THAT SUCH DATE SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER OR LOCAL LAW, RULE OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI- FIED BASEMENT OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC- TIVE DATE INTO A LAWFUL DWELLING UNIT. ANY AMENDMENT OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH LOCALITY, AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW. § 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS. 1. THE PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT BE ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE- GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS. 2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE, WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB- LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR- S. 8306--A 62 A. 8806--A IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT. 3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT. § 2. This act shall take effect immediately. PART T Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of section 421-a of the real property tax law, as amended by section 3 of part TTT of chapter 59 of the laws of 2017, is amended to read as follows: (xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion for which the commence- ment date is after December thirty-first, two thousand fifteen and on or before June fifteenth, two thousand twenty-two, and for which the completion date is on or before June fifteenth, two thousand [twenty- six] THIRTY-ONE. § 2. This act shall take effect immediately. PART U Section 1. The real property tax law is amended by adding a new section 485-x to read as follows: § 485-X. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION: (A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS (HEREINAFTER REFERRED TO AS "ANNY PROGRAM BENEFITS")" SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION. (B) "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A HOMEOWN- ERSHIP PROJECT, OF WHICH A PRESCRIBED PERCENT OF THE UNITS SHALL, UPON INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A PRESCRIBED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR NO LESS THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH PROJECT IS SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGENCY. THE PRESCRIBED PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION. (C) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN SUCH ELIGIBLE SITE. (D) "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL S. 8306--A 63 A. 8806--A FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD- ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT EXCEED A PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME PERCENTAGES SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION. (E) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT. (F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS. (G) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK. (H) "BROOKLYN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN THE BOROUGH OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER- STANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (I) "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 SITE, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT THE ELIGIBLE SITE. (J) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH. (K) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTI- PLE DWELLING, THE DATE UPON WHICH THE LOCAL DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVER- ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING. (L) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL- ING. (M) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE, WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM, MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA- TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP- MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES. (N) "CONSTRUCTION WORKERS" SHALL MEAN ALL PERSONS PERFORMING CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION. (O) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL MEAN AN ORIGINAL PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE- PENDENT MONITOR SETTING FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB- CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK S. 8306--A 64 A. 8806--A PERFORMED BY CONSTRUCTION WORKERS, AND THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK. (P) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR IMPROVEMENT OF A PRE-EXISTING BUILDING OR STRUCTURE RESULTING IN A MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE. (Q) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT CONTAINING SIX OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE- MENT DATE IS WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO- RANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY- TWO OF THIS SECTION, AND FOR WHICH THE COMPLETION DATE IS WITHIN NINE YEARS SUBSEQUENT TO THE DATE ON WHICH A MEMORANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (R) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A TAX LOT CONTAINING AN ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION. (S) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING. THE VALUE OF ANY EMPLOYEE BENEFITS RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS. (T) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. (U) "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO- RY STRUCTURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. (V) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED. (W) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. (X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING. (Y) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER- SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS. (Z) "INDEPENDENT MONITOR" SHALL MEAN AN ACCOUNTANT LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA- TION LAW. (AA) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA- TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD- ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK OUTS, SLOWDOWNS, PICKETING, BANNERING, HAND BILLING, DEMONSTRATIONS, SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE STRUCK S. 8306--A 65 A. 8806--A BUSINESS, AND USE OF THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR DISPLAYS. (BB) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING. (CC) "LARGE RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITH- STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS. (DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS, NOW EXISTING OR HEREAFTER CREATED, LOCATED ENTIRELY IN THE BOROUGH OF MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (EE) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. (FF) "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. (GG) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. (HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME DEVELOP- MENT AREA, THE BROOKLYN PRIME DEVELOPMENT AREA AND THE QUEENS PRIME DEVELOPMENT AREA. (II) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI- CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE. (JJ) "QUEENS PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN THE BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER- STANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. (KK) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI- ZATION 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 THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN- TIALLY THE SAME SUBJECT MATTER. (LL) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT AND SMALL RENTAL PROJECT. (MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. (NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING. (OO) "SMALL RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI- VERSARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROJECT BENEFITS. (PP) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED. S. 8306--A 66 A. 8806--A (QQ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND OVER- SEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY APPROVED BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY. THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE APPOINTED FOR A TERM OF THREE YEARS, PROVIDED, HOWEVER, THAT THE ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO SERVE BEYOND THE END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS APPOINTED. THE FISCAL OFFICER, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER. (RR) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN- TY-FIVE YEARS OF THE SMALL RENTAL PROJECT RESTRICTION PERIOD OR THE LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF THE SMALL RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE. (SS) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF ANY KIND PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING, WITHOUT LIMITATION, ANY HOURLY COMPENSATION PAID DIRECTLY TO THE CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS, SUCH AS HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI- TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL UNEMPLOYMENT INSURANCE AND PURSUANT TO THE FEDERAL INSURANCE CONTRIB- UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION. A RENTAL PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIR- TY-FIVE YEAR BENEFIT AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT. 3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, RENTAL PROJECTS CONTAINING MORE THAN THE NUMBER OF RENTAL UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION THAT ARE LOCATED WITHIN THE PRIME DEVELOPMENT AREA SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "CONTRACTOR" SHALL S. 8306--A 67 A. 8806--A MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTHER PARTY, INCLUDING SUB- CONTRACTORS, UNDERTAKES TO PERFORM CONSTRUCTION WORK AT AN ELIGIBLE SITE AND "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS AND ANY SUCCESSOR THERETO. (A) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM. (B) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMO- RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM. (C) THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION PERIOD, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT; OR (II) ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN- TY-TWO OF THIS SECTION. (D) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT MONITOR. SUCH INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE AVERAGE HOURLY WAGE SET PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF SUCH DEFICIENCY. (E) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL OFFICER AND THE FISCAL OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR IN AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN SUCH MEMORANDUM. (F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHOWS THAT THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI- SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID IS WITHIN FIFTEEN PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINIS- S. 8306--A 68 A. 8806--A TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRA- TOR SHALL DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE REQUIRED AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARA- GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI- SION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. IF THE WAGE PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT. THE THIRD- PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFI- CER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE REQUIRED AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK- ERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION, THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED, HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A JOB ACTION WHICH RESULTS IN A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN- TY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT SUBDIVISION TWENTY-TWO OF THIS SECTION. NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, THE APPLICANT SHALL NOT BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR FOR FRAUDULENT OR INAC- CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU- RATE PROJECT-WIDE CERTIFIED PAYROLL REPORTS, PROVIDED, HOWEVER, THAT PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT AS DESCRIBED IN THIS PARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED BY THE CONTRACTOR OR SUB-CONTRAC- TOR, AND THAT THE APPLICANT WILL BE LIABLE FOR UNDERPAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR UNLESS THE FISCAL OFFICER DETERMINES, IN S. 8306--A 69 A. 8806--A ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT OF, OR CAUSED BY, CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED PAYROLL REPORTS. THE APPLICANT SHALL OTHERWISE NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD-PARTY FUND ADMINIS- TRATOR HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTI- FIED PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO THE THIRD-PARTY FUND ADMINISTRATOR, ALL FINES AND PENALTIES SET FORTH IN THIS SUBDIVISION IMPOSED BY THE FISCAL OFFICER SHALL BE PAID TO THE AGENCY AND USED BY THE AGENCY TO PROVIDE AFFORDABLE HOUSING. (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT. (H) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING TO THE THIRD-PARTY FUND ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU- RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION. THE FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE WITNESSES. THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK- ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT. 4. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN ELIGIBLE SITE MUST, OVER THE COURSE OF THE DESIGN AND CONSTRUCTION OF SUCH ELIGIBLE SITE, MAKE ALL REASONABLE EFFORTS TO SPEND ON CONTRACTS WITH MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST TWENTY-FIVE PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE DEFINED IN RULES OF THE AGENCY. SUCH RULES SHALL SET FORTH REQUIRED MEASURES WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT ARE COMPARABLE, TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY AGENCIES OF THE CITY OF NEW YORK TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW, INCLUDING SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. 5. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS: (A) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF S. 8306--A 70 A. 8806--A SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH- OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION IN EFFECT DURING SUCH TAX YEAR, WHICH REAL PROPERTY TAXES SHALL BE CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; AND (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 6. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE SITE, OTHER THAN PARKING WHICH IS LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. 7. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO BE EXEMPTED. 8. AFFORDABILITY REQUIREMENTS. A RENTAL PROJECT SHALL MAINTAIN AN AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY PERCENT- AGE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT TO REGULATIONS PROMULGATED BY THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER THE FOLLOWING GOALS AND FACTORS: THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS WITH HIGH LAND ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE- HOLDS AND INDIVIDUALS. (A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELLING FOR INGRESS AND EGRESS FROM SUCH ELIGIBLE MULTIPLE DWELLING. (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY, ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION BOTH DURING AND SUBSEQUENT TO THE SMALL BUILDING RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA- BLE. (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS- S. 8306--A 71 A. 8806--A ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. (E) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE AND OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP PROJECT THE FAILURE TO COMPLY WITH THE AFFORDABLE HOMEOWNERSHIP PROJECT REQUIREMENTS SHALL RESULT IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR THE PERIOD OF SUCH NON-COMPLIANCE. (F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. (G) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. (H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. (I) AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP- ERATIVE OR CONDOMINIUM OWNERSHIP. (J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS- ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI- TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER. (K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 9. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGEMENT COMPANY OR CONTRACTOR. (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA- TION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE- FITS ARE REVOKED OR TERMINATED. (C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: S. 8306--A 72 A. 8806--A (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES, PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE- NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES; (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG- NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBPARA- GRAPH, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF SUCH AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION, AND ANNUALLY THEREAFTER, CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. (F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH AND THE AFFIDAVITS REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION. 10. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE- MENT DATE OF THE FIRST ELIGIBLE MULTIPLE DWELLING THEREON, THEN SUCH S. 8306--A 73 A. 8806--A ELIGIBLE MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED. 11. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 12. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSUANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 13. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION; PROVIDED, HOWEVER, THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION. IF AN APPLI- CANT HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN- CY MAY REVOKE ANY BENEFITS UNDER THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION, A "VIOLATION" OF PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLI- CANT HAS FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION AND HAS FAILED TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFI- CER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE APPLICABLE RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED. 14. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 15. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH MULTIPLE DWELLING. 16. APPLICATIONS. (A) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. (B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. S. 8306--A 74 A. 8806--A (C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE- AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. (D) THE AGENCY SHALL NOT REQUIRE THAT THE APPLICANT DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION AS A CONDITION TO APPROVAL OF THE APPLICATION. 17. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER, THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. 18. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 19. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA- RY, A SMALL RENTAL PROJECT, LARGE RENTAL PROJECT OR HOMEOWNERSHIP PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU- SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS PURSUANT TO THIS SECTION. 20. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS- SIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE NUMBER OF TOTAL PROJECTS AND UNITS CREATED BY THIS SECTION BY YEAR, LEVEL OF AFFORDABILITY, AND COMMUNITY BOARD, THE COST OF THE ANNY PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE. THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART- MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO- RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE- FITS PURSUANT TO THIS SECTION. 21. PENALTIES FOR VIOLATIONS OF LARGE RENTAL PROJECT AFFORDABILITY REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE OF THE THIRTY-FIVE YEAR BENEFIT FOR A LARGE RENTAL PROJECT, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE AFFORDABILITY REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION BY SUCH LARGE RENTAL PROJECT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION SEVENTEEN OF THIS SECTION. (B) A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE S. 8306--A 75 A. 8806--A SITE. A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION. 22. THE PROVISIONS OF SUBDIVISIONS ONE THROUGH TWENTY-ONE OF THIS SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS THAT ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND- ING IS EXECUTED BY ONE, OR MORE, REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY AS WELL AS ONE, OR MORE, REPRESEN- TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND (B) NOTICE OF SUCH FULL EXECUTION IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING SHALL INCLUDE PROVISIONS REGARDING WAGES OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD- INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF THIS SECTION; PROVIDED, HOWEVER, THAT SUCH MEMORANDUM SHALL ALSO ADDRESS ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA- TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV) A SCHEDULE OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS SECTION. THE TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN UNITS THAT RECEIVE BENEFITS UNDER THIS SECTION AFTER THE MEMORANDUM OF UNDERSTANDING IS EXECUTED. NOTWITHSTANDING THE FOREGOING, 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. § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph h is added to read as follows: f. funds provided pursuant to subdivision three of section twenty- eight hundred fifty-three of the education law; [and] g. any other public monies, credits, savings or loans, determined by the public subsidy board created in section two hundred twenty-four-c of this article as exempt from this definition[.]; AND H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-X OF THE REAL PROP- ERTY TAX LAW. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section 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. § 4. This act shall take effect immediately; provided, however, that the department of housing preservation and development shall notify the legislative bill drafting commission upon the occurrence of the execution of the memorandum of understanding provided for in subdivision twenty-two of section 485-x of the real property tax law as added by section one of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. S. 8306--A 76 A. 8806--A § 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 U of this act shall be as specifically set forth in the last section of such Parts.
2023-S8306B - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, Generally
2023-S8306B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses
2023-S8306B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8306--B I N S E N A T E January 17, 2024 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to allowable transportation expenses; to amend the education law, in relation to transportation aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal prekinder- garten and the Statewide universal full-day pre-kindergarten program; to amend the education law, in relation to implementation of the smart schools bond act of 2014; to amend the education law, in relation to special apportionments and grants-in-aid to school districts; to amend the education law, in relation to extending certain provisions of the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to the underrepresented teachers of tomorrow tuition reimbursement program; to amend the education law, in relation to maximum class sizes for special classes for certain students with disabilities; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2023-2024 school year with- holding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to the financing of charter schools; to amend part A of chap- ter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, in relation to extending EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-03-4 S. 8306--B 2 the date for the submission of such recommendations; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effectiveness thereof; to amend subpart F of part C of chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effec- tiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend the education law, in relation to funds for serving persons twenty-one years of age or older who have not been enrolled in any school for the preceding year; and to amend chapter 670 of the laws of 2007 amending the education law relating to directing the commissioner of education to promulgate regulations limiting the engines of school vehicles to remain idling while parked or standing on school grounds, in relation to the effectiveness there- of (Part A); to amend the education law, in relation to establishment of and/or funding provided to schools for meal assistance, education of students with disabilities, career education, and music and art education; to amend the education law, in relation to establishing a zero-emission school bus committee; in relation to directing the commissioner of education to conduct a study on the efficacy, adequa- cy, and equity of the foundation aid formula; to amend the education law, in relation to aid payable to school districts for library mate- rials; to amend the education law, in relation to directing the commissioner of education to annually convene a statewide convention to bring together underrepresented educators; to amend the education law, in relation to establishing the Dolly Parton's statewide library system of New York; to amend the state finance law, in relation to establishing the imagination library of New York fund; to amend the education law, in relation to aid for transportation after 4pm for a city school district located in a city having a population of one million or more; to amend the education law, in relation to grant amounts related to the universal prekindergarten program; in relation to directing the commissioner of education to conduct a study on the consolidation of all of the prekindergarten funding streams; to repeal section 37-d of part A of chapter 56 of the laws of 2021 amending the education law relating to school aid, relating to enrollment adjust- ment factors being applied as a result of a certain state disaster emergency; and providing for the repeal of certain provisions upon expiration thereof (Part A-1); to amend the education law, in relation to establishing evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); to amend the education law, in relation to establishing a universal financial aid policy (Part C); intentionally omitted (Part D); to amend the education law, in relation to ensuring informational coordi- nation between state educational agencies (Part E); to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part F); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, in relation to the effectiveness thereof (Part G); to amend the social services law, in relation to increasing the standards of monthly need for aged, S. 8306--B 3 blind and disabled persons living in the community (Part H); to amend the family court act and the domestic relations law, in relation to establishment and modification of child support orders (Part I); to amend the labor law, in relation to nursing employees' right to express breast milk (Part J); intentionally omitted (Part K); to amend the labor law, in relation to civil penalties for violations of certain provisions for the payment of wages; to amend the civil prac- tice law and rules, in relation to grounds for attachment; to amend the business corporation law, in relation to streamlining procedures where employees may hold shareholders of non-publicly traded corpo- rations personally liable for wage theft; to amend the limited liabil- ity company law, in relation to creating a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft; to amend the labor law, in relation to penalties for certain wage violations; and to amend the state finance law, in relation to establishing the New York state worker protection and labor law enforcement fund (Part L); to amend chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quaran- tine or isolation due to COVID-19, in relation to limiting such provisions to employees working in a facility licensed pursuant to article 28 of the public health law (Part M); to utilize reserves in the mortgage insurance fund for various housing purposes (Part N); to amend the criminal procedure law, the penal law and the executive law, in relation to the crime of deed theft; to amend the real property actions and proceedings law, in relation to the partition of heirs' property; and to amend the real property law, in relation to allowing transfer on death deeds (Part O); relating to the conveyance and use of real property owned by the State University of New York at Farming- dale (Subpart A); relating to the conveyance and use of real property owned and maintained by the State University of New York at Stony Brook (Subpart B); and relating to the conveyance and use of real property owned and maintained by the department of transportation (Subpart C) (Part P); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part Q); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more (Part R); intentionally omitted (Part S); intentionally omitted (Part T); intentionally omitted (Part U); to amend the education law, in relation to allowing for students in postsecondary education experience or transition program to receive awards from the tuition assistance program (Part V); to amend the education law, in relation to the criteria for determining tuition assistance program awards (Part W); to amend the education law, in relation to establishing a Black Leadership Institute within the State University of New York (Part X); to amend the labor law, in relation to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits (Part Y); to amend the workers' compensation law, in relation to the parties' rights to a hearing upon application to the workers' compensation board and requiring a record of all hearings held (Part Z); to amend the social services law, in relation to establishing the New York healthy incentive program (Subpart A); to amend the social services law, in relation to automating SNAP and the New York healthy S. 8306--B 4 incentive program (Subpart B); and to amend the social services law, in relation to establishing the New York healthy incentive program outreach program (Subpart C) (Part AA); to amend the social services law, in relation to allowances for the costs of diapers (Part BB); to amend the social services law, in relation to assisting persons with medically diagnosed HIV infection; and repealing certain provisions of such law relating thereto (Part CC); to amend the social services law, in relation to child care assistance under the child care block grant (Part DD); establishing a fiscal cliff task force to conduct a study on fiscal cliffs in the state's public assistance programs and to make recommendations related thereto; and providing for the repeal of such provision upon expiration thereof (Part EE); to amend the social services law, in relation to establishing differential payment rates for child care services provided by licensed, registered or enrolled child care providers (Part FF); to amend the education law, in relation to tuition assistance program awards for dual or concurrent enrollment coursework (Part GG); to amend the public housing law, in relation to establishing the housing access voucher program (Part HH); to amend the education law, in relation to permitting tuition assist- ance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part II); to amend the education law, in relation to requiring the use of project labor agreements for large scale construction projects under the state university construction fund (Part JJ); to amend the executive law, in relation to establish- ing the commission for the modernization and revitalization of down- state medical center (Part KK); to amend the education law, in relation to providing student loan forgiveness for mental health professionals (Part LL); to amend the executive law, in relation to requiring the state fire prevention and building code council to study and adopt uniform fire prevention and building code standards to promote fire safety and accessibility in certain single-exit, single stairway multi-unit residential buildings (Part MM); to amend the real property tax law, in relation to directing the comptroller of the city of New York to conduct annual audits of compliance with the affordable New York housing program (Part NN); to amend the social services law, in relation to raising the federal poverty level requirement for recipients of social services where it concerns the one-time disregard of earned income following job entry for up to six consecutive months (Part OO); to amend the veterans' services law, the military law and the executive law, in relation to establishing the Alex R. Jimenez New York state military immigrant family legacy program (Part PP); to amend the education law, in relation to student refunds (Part QQ); to amend the private housing finance law, in relation to creating a new acquisition fund for community land trusts located in New York state (Part RR); to amend the real property law, in relation to establishing an accessory dwelling unit incentive program; to amend the executive law, in relation to including an accessory dwelling unit in the term housing accommodations in the human rights law; and to amend the real property tax law, in relation to providing a tax exemption on the increase in value of property resulting from the addition of an acces- sory dwelling unit (Part SS); to amend the executive law, the real property actions and proceedings law and the real property law, in relation to establishing the New York state office of civil represen- tation to provide access to legal services in eviction proceedings (Part TT); to amend the state finance law, in relation to the local S. 8306--B 5 share requirements associated with increasing the age of juvenile jurisdiction (Part UU); to amend the social services law, in relation to providing internet access to all individuals residing in temporary housing; and to amend the New York state urban development corporation act, in relation to the ConnectAll digital equity grant program (Part VV); to amend the private housing finance law, in relation to establishing the infill housing pilot program in the cities of Buffalo, Rochester, Syracuse, Albany and Binghamton (Part WW); to amend the real property tax law, in relation to establishing an optional local tax exemption for affordable multi-family housing (Part XX); to amend the real property law, in relation to establishing the homeowner protection program (Part YY); to amend the private housing finance law and the state finance law, in relation to establishing the rental improvement fund pilot program (Part ZZ); to amend the adminis- trative code of the city of New York and chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, in relation to vacant apartments and major tenant repairs (Part AAA); to amend the social services law, in relation to establishing the mothers and infants lasting change allowance (Part BBB); to amend the private housing finance law and the labor law, in relation to establishing the New York housing opportunity corporation act of 2024 (Part CCC); to amend the social services law, in relation to removing the requirement that rent arrears be repaid and in relation to authorizing emergency assistance to pay rent arrears for up to twelve months in certain instances (Part DDD); to amend the labor law and the public service law, in relation to wage requirements and labor peace agreements for public projects involving certain renewable energy systems (Part EEE); and to amend the social services law, in relation to establishing a state SNAP minimum benefit program (Part FFF) 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 2024-2025 state fiscal year. Each component is wholly contained within a Part identified as Parts A through FFF. 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 2023, 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- S. 8306--B 6 lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two 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 S. 8306--B 7 of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; and provided further that, a school district that submitted a contract for excellence for the two thousand twenty--two thousand twen- ty-one school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand twenty--two 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 S. 8306--B 8 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; 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. Intentionally omitted. § 2-a. Paragraph k of subdivision 4 of section 3602 of education law, as added by section 2 of part A of chapter 56 of the laws of 2023, is amended to read as follows: k. Foundation aid payable in the two thousand twenty-three--two thou- sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE school [year] YEARS. Notwithstanding any provision of law to the contra- ry, foundation aid payable in the two thousand twenty-three--two thou- sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE school [year] YEARS shall be equal to the sum of the total foundation aid base computed pursuant to paragraph j of subdivision one of this S. 8306--B 9 section plus the greater of (a) the positive difference, if any, of (i) total foundation aid computed pursuant to paragraph a of this subdivi- sion less (ii) the total foundation aid base computed pursuant to para- graph j of subdivision one of this section, or (b) the product of three hundredths (0.03) multiplied by the total foundation aid base computed pursuant to paragraph j of subdivision one of this section. § 3. Intentionally omitted. § 4. Intentionally omitted. § 5. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 6 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE school years a city school district of a city having a popu- lation of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 6. Intentionally omitted. § 7. Intentionally omitted. § 8. Intentionally omitted. § 9. Intentionally omitted. § 10. Intentionally omitted. § 11. Subparagraphs 2 and 3 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, are amended to read as follows: (2) is a construction emergency project to remediate emergency situ- ations which arise in public school buildings and threaten the health and/or safety of building occupants, as a result of the unanticipated discovery of asbestos or other hazardous substances during construction work on a school or significant damage caused by a fire, snow storm, ice storm, excessive rain, high winds, flood or a similar catastrophic event which results in the necessity for immediate repair[; and/or (3) if bonded pursuant to paragraph j of subdivision six of this section, would cause a city school district in a city having a popu- lation of less than one hundred twenty-five thousand inhabitants to exceed ninety-five percent of its constitutional debt limit provided, however, that any debt issued pursuant to paragraph c of section 104.00 of the local finance law shall not be included in such calculation]. § 12. The opening paragraph of subdivision 2 of section 3623-a of education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: Allowable transportation capital, debt service and lease expense shall include base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION, NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND- ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA- GRAPH D OF SUBDIVISION THREE OF THIS SECTION. § 13. Subdivision 3 of section 3623-a of the education law is amended by adding added a new paragraph d to read as follows: D. (1) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI- RONMENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR COSTS ASSOCIATED S. 8306--B 10 WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE. (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT SERVICE, OR LEASES WHICH ARE RELATED TO COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS, PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON- MENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR SUCH PURPOSE, SUCH ALLOW- ABLE EXPENSES AT THE TIME IN WHICH THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PRODUCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON- MENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR SUCH PURPOSE. (3) THE ENTITY AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON- MENTAL CONSERVATION LAW SHALL PROVIDE TO THE COMMISSIONER A LIST OF GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO- EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM SUCH VOUCHER, THE DATE ON WHICH THE PAYMENT OR GRANT WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. § 14. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 56 of the laws of 2023, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year through the two thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-FIVE school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. § 15. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 56 of the laws of 2023, 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 S. 8306--B 11 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY- FIVE school year equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 16. Paragraph d of subdivision 10 of section 3602-e of the education law, as amended by section 23-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: d. Notwithstanding any other provision of this section, apportionments under this section greater than the amounts provided in the two thousand sixteen--two thousand seventeen school year shall only be used to supplement and not supplant current local expenditures of [state or] local funds on prekindergarten programs and the number of eligible full- day four-year-old prekindergarten pupils and eligible full-day three- year-old prekindergarten pupils in such programs from such sources. Current local expenditures shall include any local expenditures of [state or] local funds used to supplement or extend services provided directly or via contract to eligible children enrolled in a universal prekindergarten program pursuant to this section. § 17. Subdivision 13 of section 3602-ee of the education law, as added by section 1 of part CC of chapter 56 of the laws of 2014, is amended to read as follows: 13. Apportionments under this section shall only be used to supplement and not supplant current local expenditures of federal[, state] or local funds on pre-kindergarten programs and the number of slots in such programs from such sources. Current local expenditures shall include any local expenditures of federal[, state] or local funds used to supplement or extend services provided directly or via contract to eligible chil- dren enrolled in a universal pre-kindergarten program pursuant to section thirty-six hundred two-e of this part. § 18. Subdivision 16 of section 3602-ee of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2023, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-four] TWENTY-FIVE; provided that the program shall continue and remain in full effect. § 19. Paragraphs a and b of subdivision 16 of section 3641 of the education law, as added by section 2 of part C of chapter 56 of the laws S. 8306--B 12 of 2014, subparagraph 3 of paragraph b as amended by section 3 of part YYY of chapter 59 of the laws of 2017, are amended to read as follows: a. Definitions. The following terms, whenever used or referred to in this subdivision, unless the context indicates otherwise, shall have the following meanings: (1) "Bonds" shall mean general obligation bonds issued pursuant to the "smart schools bond act of 2014" in accordance with article VII of the New York state constitution and article five of the state finance law. [(2) "Smart schools review board" shall mean a body comprised of the chancellor of the state university of New York, the director of the budget, and the commissioner, or their respective designees. (3)] (2) "Smart schools investment plan" shall mean a document prepared by a school district setting forth the smart schools project or projects to be undertaken with such district's smart schools allocation. [(4)] (3) "Smart schools project" shall mean a capital project as set forth and defined in subparagraphs FOUR, five, six[,] OR seven [or eight] of this paragraph. [(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU) replacement project" shall mean a capital project which, as a primary purpose, expands the availability of adequate and appropriate instruc- tional space for pre-kindergarten or provides for the expansion or construction of adequate and appropriate instructional space to replace TCUs. [(6)] (5) "Community connectivity project" shall mean a capital project which, as a primary purpose, expands high-speed broadband or wireless internet connectivity in the local community, including school buildings and campuses, for enhanced educational opportunity in the state. [(7)] (6) "Classroom technology project" shall mean a capital project to expand high-speed broadband or wireless internet connectivity solely for school buildings and campuses, or to acquire learning technology hardware for schools, classrooms, and student use, including but not limited to whiteboards, computer servers, desktop computers, laptop computers, and tablet computers. [(8)] (7) "School safety and security technology project" shall mean a capital project to install high-tech security features in school build- ings and on school campuses, including but not limited to video surveil- lance, emergency notification systems and physical access controls, for enhanced educational opportunity in the state. [(9)] (8) "Selected school aid" shall mean the sum of the amounts set forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget proposal for the two thousand fourteen-fifteen school year. [(10)] (9) "Smart schools allocation" shall mean, for each school district, the product of (i) two billion dollars ($2,000,000,000) multi- plied by (ii) the quotient of such school district's selected school aid divided by the total selected school aid to all school districts. b. Smart schools investment plans. (1) [The smart schools review board] SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER shall issue guidelines setting forth required components and eligibility criteria for smart schools investment plans to be S. 8306--B 13 submitted by school districts. Such guidelines shall include but not be limited to: (i) a timeline for school district submission of smart schools investment plans; (ii) any requirements for the use of available state procurement options where applicable; (iii) any limitations on the amount of a district's smart schools allocation that may be used for assets with a short probable life; and (iv) the loan of smart schools classroom technology pursuant to section seven hundred fifty-five of this chapter. (2) No school district shall be entitled to a smart schools grant until such district shall have submitted a smart schools investment plan to the [smart schools review board] DEPARTMENT and received [such board's] THE COMMISSIONER'S approval of such investment plan. In devel- oping such investment plan, school districts shall consult with parents, teachers, students, community members and other stakeholders. (3) The [smart schools review board] COMMISSIONER shall review all smart schools investment plans for compliance with all eligibility criteria and other requirements set forth in the guidelines. The [smart schools review board] COMMISSIONER may approve or reject such plans, or may return such plans to the school district for modifications; provided that notwithstanding any inconsistent provision of law, the [smart schools review board] COMMISSIONER shall approve no such plan first submitted to the department on or after April fifteenth, two thousand seventeen, unless such plan calculates the amount of classroom technolo- gy to be loaned to students attending nonpublic schools pursuant to section seven hundred fifty-five of this chapter in a manner that includes the amount budgeted by the school district for servers, wire- less access points and other portable connectivity devices to be acquired as part of a school connectivity project. Upon approval, the smart schools project or projects described in the investment plan shall be eligible for smart schools grants. A smart schools project included in a school district's smart schools investment plan shall not require separate approval of the commissioner unless it is part of a school construction project required to be submitted for approval of the commissioner pursuant to section four hundred eight of this chapter and/or subdivision six of section thirty-six hundred two of this arti- cle. Any department, agency or public authority shall provide the [smart schools review board] DEPARTMENT with any information it requires to fulfill its duties pursuant to this subdivision. (4) Any amendments or supplements to a smart schools investment plan shall be submitted to the [smart schools review board] DEPARTMENT for approval, and shall not take effect until such approval is granted. § 20. Intentionally omitted. § 21. Intentionally omitted. § 22. Intentionally omitted. § 23. The opening paragraph of section 3609-a of the education law, as amended by section 18 of part A of chapter 56 of the laws of 2023, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the [two thousand twenty-three--two thousand twenty-four] TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to S. 8306--B 14 April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section nine- ty-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thir- ty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the [two thousand twenty-three--thousand twenty-four] TWO THOUSAND TWENTY-FOUR--TWO THOU- SAND TWENTY-FIVE school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA232-4"] "SA242-5". § 24. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE. § 24-a. 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 S. 8306--B 15 GRANTS TO SCHOOL DISTRICTS FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOU- SAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, FIVE MILLION DOLLARS ($5,000,000) 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/POST-SECONDARY PARTNERSHIP "GROW YOUR OWN" INITIATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY 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 APPROPRIATE 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. § 25. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [twenty-four] TWENTY-FIVE, 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 S. 8306--B 16 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. § 26. 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 38 of part YYY of chapter 59 of the laws of 2019, 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, [2024] 2025 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, [2024] 2025; § 27. 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 20 of part A of chapter 56 of the laws of 2023, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, [and] reimbursement for the 2023--2024 school year shall not exceed 54.7 percent of the lesser of such approvable costs per contact hour or seventeen dollars and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS AND SEVENTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred S. 8306--B 17 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); [and] for the 2023--2024 school year such contact hours shall not exceed one million three hundred forty-two thousand nine hundred seventy-five (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED SEVENTEEN THOUSAND TWO HUNDRED SEVEN (1,417,207). 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 subdivi- sion 11 of section 3602 of the education law. § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion cc to read as follows: CC. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2024-25 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 FIFTEEN MILLION DOLLARS ($15,000,000). § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2023, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed June 30, [2024] 2025. § 30. Paragraph (d) of subdivision 1 of section 2856 of the education law, as amended by section 36-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET S. 8306--B 18 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 31. Paragraph (c) of subdivision 1 of section 2856 of the education law, as amended by section 36-d of part A of chapter 56 of the laws of 2021, is amended to read as follows: (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, is amended to read as follows: 3. The state education department shall present its recommendations and analysis to the governor, the director of the division of the budg- et, the temporary president of the senate, the speaker of the assembly, the chairperson of the senate finance committee, and the chairperson of the assembly ways and means committee no later than July 1, [2025] 2026. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 23 of part A of chapter 56 of the laws of 2022, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2024] 2029. S. 8306--B 19 § 34. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 46 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2024] 2029 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 35. 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 2025 and not later than the last day of the third full business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and June 30, 2024 and such apportionment shall not exceed the sum of (a) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (d) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision 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 S. 8306--B 20 subdivisions one and two 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 apportionment 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 para- graph, 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. § 36. 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, 2025, 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, 2025 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. 2. The claim for an apportionment to be paid to a school district pursuant to subdivision one of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. 3. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions one and two 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 apportionment 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 S. 8306--B 21 teachers' retirement system pursuant to subparagraph (1) of such para- graph, 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. § 37. 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 2024--2025 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) any instructional or instructional support costs associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2024--2025 school year, and for any city school district in a city having a population of more than S. 8306--B 22 one million, the set-aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2024--2025 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 2024--2025 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 38. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2024 enacting the aid to localities budget shall be apportioned for the 2024--2025 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of such chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. § 38-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 22-a of part A of chapter 56 of the laws of 2023, 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-three--two thousand twenty-four] TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE, 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 S. 8306--B 23 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 educa- tional competencies as defined in regulation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment preparation education programs operated pursuant to this subdivision. § 38-b. Section 2 of chapter 670 of the laws of 2007 amending the education law relating to directing the commissioner of education to promulgate regulations limiting the engines of school vehicles to remain idling while parked or standing on school grounds, as amended by chapter 49 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall be deemed repealed June 30, [2024] 2025. § 39. 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, 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. § 40. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2024, provided, however, that: 1. sections one, two-a, five, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three, twenty-four, twenty-four-a, twenty-five, twenty-nine and thirty-seven of this act shall take effect July 1, 2024; 2. the amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twenty-seven and twenty-eight of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith; and 3. the amendments to paragraph (d) of subdivision 1 of section 2856 of the education law made by section thirty of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section thirty-one of this act shall take effect. PART A-1 Section 1. The education law is amended by adding a new section 915-a to read as follows: § 915-A. UNIVERSAL SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE ALL PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST AND LUNCH AT NO COST TO THE STUDENT. PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL S. 8306--B 24 COMMUNITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT. 2. THE DEPARTMENT SHALL REIMBURSE THE DIFFERENCE BETWEEN THE AMOUNT PAID BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE FREE RATE AS SET ANNUALLY BY THE UNITED STATES SECRETARY OF AGRICULTURE UNDER 42 U.S.C. 1759A FOR EACH SCHOOL. 3. THE DEPARTMENT IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROMULGATE ANY RULE OR REGULATION NEEDED FOR PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN PARENTAL RELATION TO A STUDENT BY EITHER PROVIDING APPLICATION ASSISTANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED BY THE DEPARTMENT TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO INCREASE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE OR REDUCED PRICE SCHOOL MEALS. 4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO ASSIST PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPERATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING: A. ASSISTING LOCAL EDUCATIONAL AGENCIES WITH ONE OR MORE COMMUNITY-EL- IGIBILITY QUALIFYING SCHOOLS IN MEETING ANY STATE AND FEDERAL REQUIRE- MENTS NECESSARY IN ORDER TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION. B. IF A SCHOOL OR DISTRICT IS INELIGIBLE TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION, ASSISTING THE SCHOOL OR DISTRICT IN ACHIEVING ELIGIBILITY AND, IF THAT IS NOT FEASIBLE, ASSIST THE SCHOOL OR DISTRICT IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL FEDERAL PROVISIONS AVAILABLE TO SCHOOLS. C. MAXIMIZING DIRECT CERTIFICATION FOR SPECIFIC POPULATIONS AS ALLOW- ABLE UNDER FEDERAL RULES. 5. SCHOOL DISTRICTS SHALL REQUIRE PARENTS OR GUARDIANS OF STUDENTS TO FILL OUT THE FREE AND REDUCED PRICE LUNCH FORM AS PART OF THE ANNUAL REGISTRATION PROCESS. § 2. 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 § 3. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 of the education law, as added by chapter 617 of the laws of 2021, is renumbered subparagraph 11 and a new subparagraph 12 is added to read as follows: (12) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE PURPOSE OF COMPUTATION OF BUILDING AID FOR CONSTRUCTION, RECON- STRUCTION OR MODERNIZING OF NOT MORE THAN FIVE CAPITAL CONSTRUCTION PROJECTS BY THE BINGHAMTON CITY SCHOOL DISTRICT, MULTI-YEAR COST ALLOW- ANCES FOR EACH PROJECT SHALL BE ESTABLISHED AND UTILIZED THREE TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH. § 4. Subdivision 4 of section 4405 of the education law is amended by adding a new paragraph l to read as follows: S. 8306--B 25 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- FOUR--TWO THOUSAND TWENTY-FIVE 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. (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. § 5. 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 ESTABLISHMENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TWENTY-FOUR-- TWO THOUSAND TWENTY-FIVE 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: (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. (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 S. 8306--B 26 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. § 6. 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-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR 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 THE GREATER OF: (I) THE DIFFERENCE OF THE QUOTIENT ARRIVED AT WHEN DIVIDING THE STATEWIDE APPORTIONMENTS FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT YEAR BY SUCH APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO. § 7. Subdivision 2 of section 4003 of the education law, as amended by chapter 947 of the laws of 1981, is amended to read as follows: 2. The director of the budget, in consultation with the commissioner [of education], the commissioner of social services, the commissioner of health, the commissioner of mental health, and any other state agency or other source [he] THE DIRECTOR OF THE BUDGET may deem appropriate, shall approve reimbursement methodologies for tuition and maintenance. Any modification in any such methodology which has previously been approved shall be subject to the approval of the director of the budget. TUITION, REGIONAL, AND/OR FEE FOR SERVICE RATES APPROVED FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT- ER FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY AN APPROVED PRIVATE SCHOOL OR SPECIAL ACT SCHOOL DISTRICT OPERATED BY A CHILD CARE INSTITUTION, SHALL GROW BY A PERCENTAGE EQUAL TO THE GREATER S. 8306--B 27 OF: (I) THE DIFFERENCE OF THE QUOTIENT ARRIVED AT WHEN DIVIDING THE STATEWIDE APPORTIONMENTS FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT YEAR BY SUCH APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO. § 8. 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-FOUR--TWO THOUSAND TWENTY-FIVE 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. § 9. Paragraph b of subdivision 5 of section 1950 of the education law, as amended by chapter 130 of the laws of 2022, is amended to read as follows: b. The cost of services herein referred to shall be the amount allo- cated to each component school district by the board of cooperative educational services to defray expenses of such board, including approved expenses from the testing of potable water systems of occupied school buildings under the board's jurisdiction as required pursuant to section eleven hundred ten of the public health law provided that such expenses for testing of potable water systems are not reimbursable from another state or federal source, except that that part of the salary paid any teacher, supervisor or other employee of the board of cooper- ative educational services which is, (I) FOR THE TWO THOUSAND TWENTY- FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND PRIOR SCHOOL YEARS, in excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU- SAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR IN EXCESS OF FORTY THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX- -TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR IN EXCESS OF FIFTY THOUSAND DOLLARS, (IV) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY THOUSAND DOLLARS, shall not be such an approved expense, and except also S. 8306--B 28 that administrative and clerical expenses shall not exceed ten percent of the total expenses for purposes of this computation. Any gifts, donations or interest earned by the board of cooperative educational services or on behalf of the board of cooperative educational services by the dormitory authority or any other source shall not be deducted in determining the cost of services allocated to each component school district. Any payments made to a component school district by the board of cooperative educational services pursuant to subdivision eleven of section six-p of the general municipal law attributable to an approved cost of service computed pursuant to this subdivision shall be deducted from the cost of services allocated to such component school district. The expense of transportation provided by the board of cooperative educational services pursuant to paragraph q of subdivision four of this section shall be eligible for aid apportioned pursuant to subdivision seven of section thirty-six hundred two of this chapter and no board of cooperative educational services transportation expense shall be an approved cost of services for the computation of aid under this subdivi- sion. Transportation expense pursuant to paragraph q of subdivision four of this section shall be included in the computation of the ten percent limitation on administrative and clerical expenses. § 10. Paragraph b of subdivision 10 of section 3602 of the education law, as amended by section 16 of part B of chapter 57 of the laws of 2007, is amended to read as follows: b. Aid for career education. There shall be apportioned to such city school districts and other school districts which were not components of a board of cooperative educational services in the base year for pupils in grades [ten] NINE through twelve in attendance in career education programs as such programs are defined by the commissioner, subject for the purposes of this paragraph to the approval of the director of the budget, an amount for each such pupil to be computed by multiplying the career education aid ratio by [three thousand nine] FOUR THOUSAND ONE hundred dollars. Such aid will be payable for weighted pupils attending career education programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooperative educational services to attend career education programs operated by a board of cooperative educational services. Weighted pupils for the purposes of this paragraph shall mean the sum of the attendance of students in grades [ten] NINE through twelve in career education sequences in trade, industrial, technical, agricultural or health programs plus the product of sixteen hundredths multiplied by the attendance of students in grades [ten] NINE through twelve in career education sequences in business and marketing as defined by the commis- sioner in regulations. The career education aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-nine percent by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but not less than thirty-six percent. Any school district that receives aid pursuant to this paragraph shall be required to use such amount to support career education programs in the current year. A board of education which spends less than its local funds as defined by regulations of the commissioner for career education in the base year during the current year shall have its apportionment under this subdivi- sion reduced in an amount equal to such deficiency in the current or a succeeding school year, provided however that the commissioner may waive such reduction upon determination that overall expenditures per pupil in S. 8306--B 29 support of career education programs were continued at a level equal to or greater than the level of such overall expenditures per pupil in the preceding school year. § 11. 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. a. [Within the amount appropriated for such purpose, subject to a plan developed by the state council on chil- dren 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 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. S. 8306--B 30 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. 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.] FOR THE PURPOSES OF THIS SECTION, A "COMMUNITY SCHOOL" SHALL INCLUDE BOTH A PLACE AND A SET OF PARTNERSHIPS BETWEEN THE SCHOOL DISTRICT AND OTHER COMMUNITY RESOURCES TO TAKE A COMPREHENSIVE APPROACH TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES; FOCUSED ON ACADEMICS, HEALTH, MENTAL WELLNESS, SOCIAL SERVICES, YOUTH AND COMMUNITY DEVELOPMENT AND FAMILY AND COMMUNITY ENGAGEMENT WHICH LEADS TO IMPROVED STUDENT LEARN- ING, STRONGER FAMILIES AND HEALTHIER COMMUNITIES; AND HAS A 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 COMMUNITY WIDE ASSESSMENTS OF NEEDS AND ASSETS; (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 TO DEVELOP AND PROMOTE A VISION FOR STUDENT SUCCESS; (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; (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, AND COLLECTIVE BARGAINING ORGANIZATIONS, THAT GUIDES COLLABORATIVE PLANNING, IMPLEMENTATION AND OVERSIGHT; AND (VI) IMPLEMENTING HIGH-QUALITY TEACHING AND LEARNING THAT PROVIDES ONGOING PROFESSIONAL DEVELOPMENT TO TEACHERS AND SCHOOL-RELATED PROFES- SIONALS. (2) FOR THE PURPOSES OF THIS SECTION A COMMUNITY SCHOOL FRAMEWORK IS A SET OF STRATEGIES IMPLEMENTED IN A COMMUNITY SCHOOL THAT INCLUDE PROGRAMS AND SERVICES THAT FOCUS ON BUILDING AND MAINTAINING RELATION- SHIPS TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES FOR STUDENTS. B. ALLOCATION OF FUNDS. 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 SETASIDE AMOUNT ESTABLISHED PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE DIVIDED BY S. 8306--B 31 THE STATEWIDE VALUE OF THE FOUNDATION AID COMMUNITY SCHOOL SETASIDE 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 ESTABLISHED HEREIN. DISTRICTS WHICH DO NOT HAVE A SETASIDE 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 COMMISSIONER SHALL PROMULGATE REGULATIONS THAT SET FORTH THE REQUIREMENTS FOR USE OF SUCH FUNDS BY DISTRICTS, WHICH SHALL INCLUDE A REQUIREMENT THAT DISTRICTS REQUIRE THAT FUNDS BE USED TO TRANSFORM PREEXISTING COMMUNITY SCHOOL PROGRAMS, STRUGGLING OR PERSISTENTLY STRUG- GLING SCHOOLS, OR SCHOOLS WITH SIGNIFICANT LEVELS OF POVERTY, HOMELESS- NESS, 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 PREEXISTING COMMUNITY SCHOOLS PROGRAM SATISFIES THE REQUIREMENTS OF THE COMMISSION- ER'S REGULATIONS PROVIDED THAT THE COMMISSIONER MAY REQUIRE ANY MODIFI- CATION THERETO. § 12. The education law is amended by adding new section 3037-a to read as follows: § 3037-A. GRANTS FOR HIRING ART OR MUSIC TEACHERS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE TEACHER" SHALL MEAN AN INDIVIDUAL THAT: (A) (I) IS CERTIFIED TO TEACH IN NEW YORK STATE PURSUANT TO SECTION THREE THOUSAND FOUR OF THIS ARTICLE; (II) HOLDS A MASTER'S DEGREE OR PH.D. IN AN ART OR MUSIC SUBJECT OR IN EDUCATION; OR (III) HOLDS A BACHELOR'S DEGREE IN AN ART OR MUSIC SUBJECT OR IN EDUCATION AND IS CURRENTLY ENROLLED IN A MASTER'S OR PH.D. PROGRAM IN AN ART OR MUSIC SUBJECT OR IN EDUCATION WITHIN FIVE YEARS FROM THE LATER OF THE EFFECTIVE DATE OF THIS SECTION OR THE EMPLOYMENT START DATE WITH THE NONPUBLIC SCHOOL; (B) TEACHES ART OR MUSIC IN ANY GRADES FROM KINDERGARTEN THROUGH TWELVE; AND (C) IS EMPLOYED BY A NONPUBLIC SCHOOL. 2. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, NONPUBLIC SCHOOLS SHALL, UPON APPLICATION, BE REIMBURSED BY THE DEPARTMENT FOR THE SALARIES OF ELIGIBLE TEACHERS. EACH SCHOOL WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE OFFICE OF RELIGIOUS AND INDEPENDENT SCHOOLS AN APPLICATION THEREFOR, TOGETHER WITH SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY REASONABLY REQUIRE, AT SUCH TIMES, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY PRESCRIBE BY REGULATION. APPLICATIONS FOR REIMBURSEMENT PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST FIRST OF EACH YEAR FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES OF ELIGIBLE TEACHERS IN THE PRIOR YEAR. (B) PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, REIMBURSEMENT FOR ELIGIBLE TEACHERS SHALL BE THE AVERAGE COMPARABLE TEACHER SALARY AND PERSONAL SERVICE, PER SUBJECT AREA, OF PUBLIC SCHOOL TEACHERS IN THE SCHOOL DISTRICT IN WHICH SUCH NONPUBLIC SCHOOLS ARE LOCATED, MULTIPLIED BY THE PERCENTAGE OF FULL TIME EQUIVALENT SECULAR INSTRUCTIONAL HOURS COMPLETED IN THE SCHOOL DAY PER SUBJECT AREA. REIMBURSEMENTS SHALL NOT BE PROVIDED FOR ELIGIBLE TEACHERS WHO PROVIDE INSTRUCTION IN ART OR MUSIC IF SUCH TEACHERS ALSO PROVIDE NON-SECULAR INSTRUCTION IN ANY CAPACITY. S. 8306--B 32 (C) IN THE EVENT THAT THE APPLICATIONS FOR REIMBURSEMENT UNDER THIS SECTION EXCEED THE APPROPRIATION AVAILABLE FOR THIS PROGRAM, THEN EACH APPLICANT SHALL ONLY BE REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH APPLICANT REPRESENTS TO THE TOTAL OF ALL APPLICATIONS SUBMITTED. 3. THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. § 13. Section 37-d of part A of chapter 56 of the laws of 2021 amend- ing the education law relating to school aid is REPEALED. § 14. The education law is amended by adding a new section 3638-a to read as follows: § 3638-A. ZERO-EMISSION SCHOOL BUS COMMITTEE. 1. ESTABLISHMENT OF COMMITTEE. THERE IS HEREBY ESTABLISHED A ZERO-EMISSION SCHOOL BUS COMMITTEE ("COMMITTEE") TO PROVIDE TECHNICAL SUPPORT AND GUIDANCE TO ASSIST SCHOOL DISTRICTS IN SUCCESSFULLY IMPLEMENTING THE REQUIREMENTS FOR ZERO-EMISSION SCHOOL BUSES AS PRESCRIBED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART. 2. COMMITTEE MEMBERS. (A) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, OR THE PRESIDENT'S REPRESENTATIVE, SHALL SERVE AS THE CHAIR OF SUCH COMMITTEE. THE COMMITTEE SHALL INCLUDE THIRTEEN ADDITIONAL REPRESENTATIVES, AS FOLLOWS: (I) THE COMMISSIONER OF EDUCATION OR THEIR REPRESENTATIVE; (II) ONE REPRESENTATIVE APPOINTED BY THE GOVERNOR; (III) ONE REPRESENTATIVE APPOINTED BY THE PUBLIC SERVICE COMMISSION; (IV) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF TRANSPORTATION; (V) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF MOTOR VEHICLES; (VI) ONE REPRESENTATIVE APPOINTED BY THE EMPIRE STATE DEVELOPMENT CORPORATION; (VII) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF LABOR; (VIII) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; (IX) ONE REPRESENTATIVE APPOINTED BY THE OFFICE OF THE STATE COMP- TROLLER; (X) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF STATE; (XI) ONE REPRESENTATIVE APPOINTED BY THE OFFICE OF GENERAL SERVICES; (XII) ONE REPRESENTATIVE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND (XIII) ONE REPRESENTATIVE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. (B) THE COMMITTEE MAY REQUIRE THAT ANY OTHER STATE ENTITIES PROVIDE A REPRESENTATIVE TO ATTEND COMMITTEE MEETINGS AND PUBLIC HEARINGS, AND ASSIST THE COMMITTEE IN FULFILLING ITS DUTIES, AS NEEDED. (C) COMMITTEE MEMBERS SHALL SERVE WITHOUT SALARY, PROVIDED, HOWEVER, THE MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF SUCH MEMBERS' OFFICIAL DUTIES AS A MEMBER OF THE COMMITTEE. 3. POWERS AND DUTIES. (A) THE TECHNICAL SUPPORT AND GUIDANCE PROVIDED BY THE COMMITTEE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING TOPICS: (I) SCHOOL DISTRICT BUDGETING AND OTHER RELATED FISCAL ISSUES, INCLUD- ING LIMITATIONS UPON SCHOOL DISTRICT TAX LEVIES PURSUANT TO SECTION TWO THOUSAND TWENTY-THREE-A OF THIS CHAPTER; (II) ISSUES WITH OBTAINING VOTER APPROVAL FOR SCHOOL TAXES AND SCHOOL BONDS PURSUANT TO SECTION FOUR HUNDRED SIXTEEN OF THIS CHAPTER FOR CAPI- TAL PROJECTS ASSOCIATED WITH ELECTRIC SCHOOL BUSES; (III) ADEQUACY AND EXPANSION OF SCHOOL DISTRICT GRID INFRASTRUCTURE; S. 8306--B 33 (IV) THE AVAILABILITY OF STATE AND FEDERAL FUNDS TO SUPPORT SCHOOL DISTRICTS IN IMPLEMENTING THE ZERO-EMISSION SCHOOL BUS REQUIREMENTS; (V) THE LONGEVITY AND RELIABILITY OF ELECTRIC SCHOOL BUSES; AND (VI) ELECTRIC SCHOOL BUS WORKFORCE DEVELOPMENT INCLUDING, BUT NOT LIMITED TO, MECHANICS. (B) THE COMMITTEE SHALL MEET AS NEEDED PROVIDED, HOWEVER, THAT THE COMMITTEE SHALL MEET AT LEAST QUARTERLY. (C) THE COMMITTEE MAY HOLD PUBLIC HEARINGS, AS THE COMMITTEE DEEMS NECESSARY, TO SOLICIT COMMENT AND RECOMMENDATIONS FROM INTERESTED STAKE- HOLDERS INCLUDING, BUT NOT LIMITED TO, THE NEW YORK ASSOCIATION FOR PUPIL TRANSPORTATION, THE NEW YORK SCHOOL BUS CONTRACTORS ASSOCIATION, THE NEW YORK STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE COUNCIL OF SCHOOL SUPERINTENDENTS, THE ASSOCIATION OF SCHOOL BUSINESS OFFICIALS, AND THE RURAL SCHOOLS ASSOCIATION OF NEW YORK. (D) THE COMMITTEE SHALL ADVISE THE STATE EDUCATION DEPARTMENT ON CONDITIONS AND CRITERIA FOR GRANTING WAIVERS, PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART AND FOR GRANTING EXTENSIONS, PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART. 4. REPORTING. THE COMMITTEE SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE WITHIN ONE YEAR OF CONDUCTING ITS FIRST COMMITTEE MEET- ING, AND ANNUALLY THEREAFTER, REGARDING BARRIERS SCHOOL DISTRICTS ARE FACING IN IMPLEMENTING THE REQUIREMENTS FOR ZERO-EMISSION SCHOOL BUSES AS PRESCRIBED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART, THE STEPS EACH MEMBER'S STATE ENTITY TO WHICH THEY ARE A REPRESENTATIVE OF IS TAKING TO MITIGATE SUCH BARRIERS THROUGH TECHNICAL SUPPORT AND GUIDANCE, AND THE BARRIERS THAT CONTINUE TO PERSIST DESPITE SUCH TECHNI- CAL ASSISTANCE AND GUIDANCE. THE STATE EDUCATION DEPARTMENT SHALL MAKE SUCH REPORTS PUBLICLY AVAILABLE ON ITS WEBSITE. § 15. 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, AND 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 transpor- tation in child safety zones available to resident pupils for a partic- ular school year. Such resolution shall continue in effect for subse- quent school years until the board adopts a resolution providing otherwise. § 16. 1. The commissioner of education is hereby authorized and directed to conduct a study on the efficacy, adequacy, and equity of the foundation aid formula and to make recommendations on potential modifi- cations to improve such formula. The scope of such study shall include, but shall not be limited to: (a) the current actual cost of providing all students in the state with a meaningful opportunity for a sound basic education; (b) appropriate measures of student and district poverty, including the appropriateness of the pupil needs index; (c) appropriate considerations for students with disabilities, English language learners, and other students with significant needs; (d) appropriate measures of district wealth; (e) efficacy of the local tax effort test; and (f) appropriate measures of regional costs. 2. The education department shall report its findings, including any recommendations for legislative action as it may deem necessary and appropriate, to the governor, the temporary president of the senate, and S. 8306--B 34 the speaker of the assembly no later than one year after the effective date of this act. § 17. 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, the library materials factor shall be six dollars and twenty-five cents. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, THE LIBRARY MATERIALS FACTOR SHALL BE ELEVEN DOLLARS, AND THE LIBRARY MATERIALS FACTOR SHALL BE ADJUSTED ANNUALLY TO REFLECT THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX AS DEFINED BY PARAGRAPH HH OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. § 18. The education law is amended by adding a new section 115 to read as follows: § 115. UNDERREPRESENTED EDUCATORS CONVENTION. 1. FOR PURPOSES OF THIS SECTION, "UNDERREPRESENTED EDUCATORS" SHALL MEAN TEACHERS OR ADMINISTRA- TORS WHO CURRENTLY PARTICIPATE OR PREVIOUSLY PARTICIPATED IN A SCHOOL DISTRICT OR POST-SECONDARY PARTNERSHIP AS PART OF A GROW YOUR OWN INITI- ATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS PROGRAM, HIGHER EDUCATION OPPORTUNITY PROGRAM, EDUCATION OPPORTUNITY PROGRAM, OR ANY OTHER SIMILAR PROGRAM OR INITIATIVE. 2. (A) THE COMMISSIONER SHALL ANNUALLY CONVENE A STATEWIDE CONVENTION TO BRING TOGETHER UNDERREPRESENTED EDUCATORS TO DISCUSS EXPERIENCES, BEST PRACTICES, AND AFFORD FOR NETWORKING, MENTORSHIP OPPORTUNITIES, AND SUPPORT. SUCH CONVENTION SHALL OCCUR AT A TIME AND LOCATION CHOSEN BY THE COMMISSIONER. (B) THE COMMISSIONER SHALL ALSO PROVIDE FOR AT LEAST FIVE REGIONAL CONVENTIONS ANNUALLY TO BRING TOGETHER UNDERREPRESENTED EDUCATORS WITHIN EACH GEOGRAPHIC REGION OF THE STATE TO DISCUSS EXPERIENCES, BEST PRAC- TICES, AND AFFORD FOR NETWORKING, MENTORSHIP OPPORTUNITIES, AND SUPPORT. SUCH CONVENTIONS SHALL OCCUR AT A TIME AND LOCATION CHOSEN BY THE COMMISSIONER. § 19. The education law is amended by adding a new section 249-b to read as follows: § 249-B. DOLLY PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "PROGRAM" SHALL MEAN THE STATEWIDE IMAGINATION LIBRARY PROGRAM, DOLLY PARTON'S IMAGINATION LIBRARY OF NEW YORK; B. "FUND" SHALL MEAN THE IMAGINATION LIBRARY OF NEW YORK FUND ESTAB- LISHED BY SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE LAW; AND C. "QUALIFIED LOCAL ENTITY" SHALL MEAN ANY EXISTING OR NEW LOCAL DOLLY PARTON'S IMAGINATION LIBRARY AFFILIATE. 2. THERE IS HEREBY ESTABLISHED UNDER THE ADMINISTRATION OF THE STATE LIBRARIAN A DOLLY PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK FOR PURPOSES OF DEVELOPING, IMPLEMENTING, PROMOTING, AND FOSTERING A COMPRE- S. 8306--B 35 HENSIVE STATEWIDE INITIATIVE FOR ENCOURAGING CHILDREN FROM BIRTH TO FIVE YEARS OF AGE TO DEVELOP A LOVE OF READING AND LEARNING. 3. A. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE STATE LIBRAR- IAN SHALL ALLOCATE MONEYS AS GRANTS TO PROVIDE AGE-APPROPRIATE BOOKS ON A MONTHLY BASIS, AT HOME, TO EACH CHILD REGISTERED IN THE PROGRAM, FROM BIRTH TO THEIR FIFTH BIRTHDAY AT NO COST TO FAMILIES, THROUGH DOLLY PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK. B. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE STATE LIBRARIAN SHALL ALLOCATE MONEYS FROM THE FUND AS GRANTS TO QUALIFIED LOCAL ENTI- TIES THAT AGREE TO A DOLLAR-FOR-DOLLAR MATCH FOR PURPOSES OF THE PROGRAM. C. NOTWITHSTANDING PARAGRAPH B OF THIS SUBDIVISION, THE STATE LIBRAR- IAN MAY WAIVE THE DOLLAR-FOR-DOLLAR MATCH REQUIREMENT FOR A QUALIFIED LOCAL ENTITY ON A CASE-BY-CASE BASIS TO PREVENT UNDUE FINANCIAL HARD- SHIP. 4. THE STATE LIBRARIAN SHALL COORDINATE WITH A NONPROFIT ENTITY, QUAL- IFIED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, AND ORGAN- IZED SOLELY TO PROMOTE AND ENCOURAGE READING BY THE CHILDREN OF THE STATE, FOR THE PURPOSE OF IMPLEMENTING THIS SECTION. 5. THE STATE LIBRARIAN SHALL PROVIDE OVERSIGHT AND MANAGE THE DAILY OPERATIONS OF THE PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: A. PROMOTING THE STATEWIDE DEVELOPMENT OF LOCAL DOLLY PARTON'S IMAG- INATION LIBRARY PROGRAMS; B. ADVANCING AND STRENGTHENING LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS WITH THE GOAL OF INCREASING ENROLLMENT; C. RECRUITING VOLUNTEERS TO ASSIST IN THE DEVELOPMENT, PROMOTION, AND COORDINATION OF LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS; D. SOLICITING DONATIONS, GIFTS, AND OTHER FUNDING TO FINANCIALLY SUPPORT LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS; E. DEVELOPING COMMUNITY ENGAGEMENT; F. DEVELOPING, PROMOTING, AND COORDINATING A PUBLIC AWARENESS CAMPAIGN TO MAKE DONORS AWARE OF THE OPPORTUNITY TO DONATE TO THE AFFILIATE PROGRAMS AND MAKE THE PUBLIC AWARE OF THE OPPORTUNITY TO REGISTER ELIGI- BLE CHILDREN TO RECEIVE BOOKS THROUGH THE PROGRAM; G. ADMINISTERING THE LOCAL MATCH REQUIREMENT AND COORDINATE THE COLLECTION AND REMITTANCE OF LOCAL PROGRAM COSTS FOR BOOKS AND MAILING; H. DEVELOPING STATEWIDE MARKETING AND COMMUNICATION PLANS; AND I. ESTABLISHING, IN PARTNERSHIP WITH THE DEPARTMENT, A SYSTEM FOR PARENT AND COMMUNITY FEEDBACK TO SHOW IMPACT AND EFFECTIVENESS OF THE PROGRAM. 6. ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-NINE, AND ANNUALLY THEREAFTER, THE STATE LIBRARIAN SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: A. THE DEPOSITS MADE TO, AND EXPENDITURES MADE FROM THE FUND; B. WHETHER ANY LOCAL MATCH REQUIREMENTS WERE WAIVED; C. THE NUMBER OF LOCAL PROGRAMS THAT EXIST, THEIR LOCATION, AND WHICH ENTITY OR ORGANIZATION SERVES AS THE LOCAL PARTNER; AND D. THE NUMBER OF CHILDREN THAT ARE ENROLLED AND THE NUMBER OF BOOKS THAT HAVE BEEN SENT TO SUCH ENROLLED CHILDREN. 7. THE REGENTS MAY PROMULGATE REGULATIONS AS MAY BE NEEDED FOR THE ADMINISTRATION OF THE PROGRAM. § 20. The state finance law is amended by adding a new section 97-bbbbb to read as follows: § 97-BBBBB. IMAGINATION LIBRARY OF NEW YORK FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE S. 8306--B 36 COMMISSIONER OF EDUCATION AN ACCOUNT OF THE MISCELLANEOUS SPECIAL REVEN- UE ACCOUNT TO BE KNOWN AS THE "IMAGINATION LIBRARY OF NEW YORK FUND". 2. MONEYS IN THIS FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN- GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF EDUCATION. 3. THE IMAGINATION LIBRARY OF NEW YORK FUND SHALL CONSIST OF MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH ACCOUNT, MONEYS TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW, 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. MONEYS OF THE IMAGINATION LIBRARY OF NEW YORK FUND, WHEN ALLOCATED, SHALL BE AVAILABLE, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDG- ET, TO PROVIDE AGE-APPROPRIATE BOOKS ON A MONTHLY BASIS, AT HOME, TO EACH CHILD REGISTERED IN THE PROGRAM, FROM BIRTH TO THEIR FIFTH BIRTHDAY AT NO COST TO FAMILIES, THROUGH DOLLY PARTON'S IMAGINATION LIBRARY. § 21. Section 3627 of the education law, as amended by section 7 of part A of chapter 56 of the laws of 2014, subdivision 4 as amended by section 18-a of part A of chapter 56 of the laws of 2023, is amended to read as follows: § 3627. Transportation after 4pm FOR A CITY SCHOOL DISTRICT LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. Notwithstanding any other provisions of this [section] SUBDIVISION to the contrary, for the two thousand thirteen--two thousand fourteen and two thousand four- teen--two thousand fifteen school year and thereafter, a city school district located in a city having a population of one million or more providing transportation pursuant to this chapter shall be responsible for: (a) providing transportation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half-past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two; or (b) reimbursing the cost incurred by licensed transportation carriers pursuant to contracts with such school district for providing transpor- tation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half- past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two. 2. Nothing herein shall prohibit the school district from reimbursing for costs incurred for contracts between the school district and any entity providing or contracting for such transportation service. 3. A district shall not be deemed to have satisfied its obligation under this section by providing public service transportation. 4. (A) Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section [in] SHALL BE EQUAL TO: S. 8306--B 37 (I) FOR the two thousand thirteen--two thousand fourteen school year and thereafter and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be considered approved transportation expenses eligible for trans- portation aid, provided further that for the two thousand thirteen--two thousand fourteen school year such aid shall be limited to eight million one hundred thousand dollars and for the two thousand fourteen--two thousand fifteen school year such aid shall be limited to the sum of twelve million six hundred thousand dollars plus the base amount [and], (II) for the two thousand fifteen--two thousand sixteen school year through two thousand eighteen--two thousand nineteen school year such aid shall be limited to the sum of eighteen million eight hundred fifty thousand dollars plus the base amount [and], (III) for the two thousand nineteen--two thousand twenty school year such aid shall be limited to the sum of nineteen million three hundred fifty thousand dollars plus the base amount [and], (IV) for the two thousand twenty--two thousand twenty-one school year such aid shall be limited to the sum of nineteen million eight hundred fifty thousand dollars plus the base amount [and], (V) for the two thousand twenty-two--two thousand twenty-three school year such aid shall be limited to the sum of twenty-two million three hundred fifty thousand dollars plus the base amount [and], (VI) for the two thousand twenty-three--two thousand twenty-four school year [and thereafter] such aid shall be limited to the sum of twenty-four million eight hundred fifty thousand dollars plus the base amount, AND (VII) FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF TWENTY-NINE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT. (B) For purposes of this subdivision, "base amount" means the amount of transportation aid paid to the school district for expenditures incurred in the two thousand twelve--two thousand thirteen school year for transportation that would have been eligible for aid pursuant to this section had this section been in effect in such school year, except that subdivision six of this section shall be deemed not to have been in effect. And provided further that the school district shall continue to annually expend for the transportation described in subdivision one of this section at least the expenditures used for the base amount. 5. Notwithstanding any other provision of this section to the contra- ry, in no event shall such city school district, in order to comply with the requirements of this section, be required to incur any costs in excess of the amount eligible for transportation aid pursuant to subdi- vision four of this section. In the event such amount is insufficient, the city school district of New York shall provide transportation services within such amount on an equitable basis, until such apportion- ment is exhausted. 6. The chancellor of such school district, in consultation with the commissioner, shall prescribe the most cost effective system for imple- menting the requirements of this section, taking into consideration: (a) the costs associated with paragraphs (a) and (b) of subdivision one of this section, and (b) policies that attempt to maximize student safety for the student to be transported, which for purposes of this section shall include whether the pick up or drop off site of the transportation is: (i) not further than 600 feet from the student's residence; and/or (ii) at the same locations for any family that have children at the same residence who attend two or more different schools. S. 8306--B 38 7. (a) In the event the chancellor has not satisfied a district's obligation under this section, a parent or guardian or any represen- tative authorized by such parent or guardian of a child eligible to receive transportation under this section may request the commissioner to arrange for the provision of the transportation to so satisfy the requirements of this section. (b) If within sixty days of receiving a request from such a parent or guardian or any representative authorized by such parent or guardian, the commissioner determines that the chancellor has not satisfied a district's obligation under this section, then the commissioner shall immediately direct the chancellor to contract with a licensed transpor- tation carrier to provide the transportation required pursuant to this section. (c) In the event the chancellor is directed by the commissioner to contract with a licensed transportation carrier to provide the transpor- tation required pursuant to this section, the chancellor shall provide the commissioner with a copy of such proposed contract, before it becomes effective, and the commissioner shall have the power to approve, disapprove or require amendments to such contract before it shall become effective. (d) A district, determined by the commissioner to not be in compliance with the requirements of this section, shall be responsible for the cost of any transportation contract awarded by the chancellor. 8. The parent or guardian, or any representative authorized by such parent or guardian, may submit a written request for transportation under this section, in the same manner and upon the same dates as are required for a request for transportation pursuant to subdivision two of section thirty-six hundred thirty-five of this article. § 22. Subparagraph (ix) of the opening paragraph of subdivision 10 of section 3602-e of the education law, as added by section 17-c of part A of chapter 56 of the laws of 2022, is amended and a new paragraph (x) is added to read as follows: (ix) for the two thousand twenty-two--two thousand twenty-three AND THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school [year and thereafter] YEARS, each school district shall be eligible to receive a grant amount equal to the sum of (A) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- er file produced by the commissioner in support of the enacted budget for the prior year excluding amounts subject to section thirty-six hundred two-ee of this part and further excluding amounts paid pursuant to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old Universal Prekindergarten Expansion added pursuant to paragraph e of subdivision nineteen of this section, provided that such school district has met all requirements pursuant to this section and such grants shall be added into a four-year-old grant amount based on the amount each district was eligible to receive in the base year to serve four-year-old prekindergarten pupils, plus (C) funds allocated pursuant to a universal prekindergarten expansion under subdivision twenty of this section as of the school aid computer listing produced by the commissioner in support of the enacted budget for the current year, provided that such grant amounts shall be divided into a four-year-old grant amount based on the amount each district was eligible to receive in the base year to serve four-year-old prekindergarten pupils, if any, and a three-year-old grant amount based on the amount each district was eligible to receive in the base year to serve three-year-old pupils, if any, and provided further that the maximum grant shall not exceed the total actual grant expendi- S. 8306--B 39 tures incurred by the school district in the current school year as approved by the commissioner[.], AND (X) FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL TO THE SUM OF (A) THE GREATER OF THE AMOUNT PROVIDED UNDER SUBPARAGRAPH (IX) OF THIS PARAGRAPH OR THE PRODUCT OF (1) THE SUM OF ELIGIBLE HALF-DAY THREE-YEAR-OLD PREKINDERGARTEN PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS ELIGIBLE FULL-DAY THREE-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVISION, PLUS ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, MULTIPLIED BY (2) SIX THOUSAND SEVEN HUNDRED DOLLARS ($6,700), PLUS (B) FUNDS ALLOCATED PURSUANT TO A UNIVERSAL PREKINDERGARTEN EXPANSION UNDER SUBDIVISION TWENTY OF THIS SECTION AS OF THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR, PROVIDED THAT SUCH GRANT AMOUNTS SHALL BE DIVIDED INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD PREKINDERGARTEN PUPILS, IF ANY, AND A THREE-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGI- BLE TO RECEIVE IN THE BASE YEAR TO SERVE THREE-YEAR-OLD PUPILS, IF ANY, AND PROVIDED FURTHER THAT THE MAXIMUM GRANT SHALL NOT EXCEED THE TOTAL ACTUAL GRANT EXPENDITURES INCURRED BY THE SCHOOL DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER. § 23. Subparagraph (i) of paragraph b of subdivision 10 of section 3602-e of the education law, as amended by section 23-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: (i) "Selected aid per prekindergarten pupil" shall equal the greater of (A) the product of five-tenths and the school district's selected foundation aid for the current year, or (B) THREE THOUSAND THREE HUNDRED FIFTY DOLLARS ($3,350) OR (C) the aid per prekindergarten pupil calcu- lated pursuant to this subdivision for the two thousand six-two thousand seven school year, based on data on file for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand six--two thousand seven school year and entitled "SA060-7"[; provided, however, that in the two thousand eight--two thou- sand nine school year, a city school district in a city having a popu- lation of one million inhabitants or more shall not be eligible to select aid per prekindergarten pupil pursuant to clause (A) of this subparagraph]; § 24. Subdivision 20 of section 3602-e of the education law is amended by adding a new paragraph c to read as follows: C. TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR. (I) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE UNIVERSAL PREKINDER- GARTEN EXPANSION FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY- FIVE SCHOOL YEAR SHALL BE EQUAL TO THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "24-25 UPK EXPANSION" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND ENTITLED "SA242-5." THESE AMOUNTS ARE CALCULATED AS TWICE THE PROD- UCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDER- GARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH B OF S. 8306--B 40 SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR. (II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARA- GRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2) THE SUM OF FOUR-YEAR-OLD ALLOCATED SEATS DEFINED BELOW. (III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD ALLOCATED SEATS" SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF ELIGIBLE FULL-DAY FOUR- YEAR-OLD PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN THIS AS DEFINED IN SUBDIVISION TEN OF THIS SECTION PLUS THE PRODUCT OF SEVENTY- EIGHT THOUSAND FOUR HUNDRED AND SIXTY-EIGHT HUNDRED THOUSANDTHS (0.78468) MULTIPLIED BY THE NUMBER OF ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN SUBDIVISION TEN OF THIS SECTION IN THE BASE YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD STUDENTS THAT MAY BE SERVED IN FULL-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE AWARDED TO A SCHOOL DISTRICT PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, PLUS (3) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR GRANTS AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE, OR TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. § 25. 1. The commissioner of education is hereby authorized and directed to conduct a study on the consolidation of all of the prekin- dergarten funding streams and to make recommendations on potential modifications to streamline the universal prekindergarten funding proc- ess and programmatic implementation. The scope of such study shall include, but shall not be limited to: (a) barriers to consolidation, including discrepancies in funding streams, oversight, and administration; (b) programmatic differences and methods of alignment; (c) differences in payment schedules; and (d) any other fiscal and policy implications the commissioner deems relevant. 2. The education department shall report its findings, including any recommendations for legislative action as it may deem necessary and appropriate, to the governor, the temporary president of the senate, and the speaker of the assembly no later than December 1, 2024. § 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; provided, however that: S. 8306--B 41 1. sections one, nine, ten and fifteen of this act shall take effect July 1, 2024; 2. section fourteen of this act shall expire and be deemed repealed June 30, 2036, or until the end of one-time extensions authorized under subdivision 4 of section 3638 of the education law, whichever is later. The commissioner of education shall notify the legislative bill drafting commission upon the end of the one-time extensions authorized pursuant to subdivision 4 of section 3638 of the education law 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; 3. section sixteen of this act shall expire and be deemed repealed eighteen months after such effective date; and 4. section twenty-five of this act shall expire and be deemed repealed April 1, 2025. PART B Section 1. The education law is amended by adding a new section 818 to read as follows: § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1. (A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE. INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE- TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP- MENT, READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE, ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK. SUCH INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE APPROPRIATE. (B) ALL SCHOOL DISTRICTS IN THE STATE SHALL ANNUALLY REVIEW THEIR CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING FOR STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY ALIGN WITH THE READING INSTRUCTIONAL BEST PRACTICES ISSUED BY THE COMMISSIONER, AND THAT ALL EARLY READING INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE. 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME- WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC, AND CULTURAL IDENTITIES; ENGAGES STUDENTS WITH RIGOROUS, SUPPORTIVE INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER- ENCE; ELEVATES HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS AS AGENTS OF SOCIAL CHANGE. (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN INTERDISCIPLI- NARY BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND COMPETENCIES DEVELOP FROM PREKINDERGARTEN THROUGH SECONDARY EDUCATION AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY. (C) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS. (D) "COMPREHENSION" MEANS A FUNCTION OF WORD RECOGNITION SKILLS AND LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK- S. 8306--B 42 GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS IN FRONT OF THEM. IT ALSO INCLUDES THE ACTIVE PROCESS THAT REQUIRES INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER- ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT EXPLICITLY BY DEMONSTRATING, EXPLAINING, MODELING AND IMPLEMENTING SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS DERIVE MEANING THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES. (E) "READING FLUENCY" MEANS THE ABILITY TO READ WORDS, PHRASES, AND SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION. (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS AND INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING, SPEAKING, READING, AND WRITING, WHICH IS DIRECTLY RELATED TO SCHOOL ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS. 3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS IN THE STATE SHALL CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND INSTRUCTIONAL STRATEGIES AND TEACHER PROFESSIONAL DEVELOPMENT IN THE SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL OF THE ELEMENTS OF THE INSTRUCTIONAL BEST PRACTICES ISSUED BY THE COMMISSIONER PURSUANT TO THIS SECTION. 4. WITHIN SIX MONTHS OF CERTIFICATION TO THE COMMISSIONER, SCHOOL DISTRICTS SHALL OUTLINE THE IMPLEMENTATION OF THIS SECTION TO THE COMMU- NITY THROUGH INFORMATIONAL SESSIONS, AT SCHOOL BOARD MEETINGS, AND PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE. § 2. This act shall take effect immediately. PART C Section 1. The education law is amended by adding a new section 665-b to read as follows: § 665-B. UNIVERSAL FINANCIAL AID POLICY. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "FAFSA" SHALL MEAN THE FREE APPLICATION FOR FEDERAL STUDENT AID. (B) "INCOME" SHALL MEAN THE ADJUSTED GROSS INCOME USED TO DETERMINE THE AMOUNT OF FEDERAL PELL GRANT PAID BY THE SECRETARY OF EDUCATION UNDER 20 U.S.C. § 1070A OR INCOME USED TO DETERMINE STATE FUNDED AWARDS PURSUANT TO SECTION SIX HUNDRED SIXTY-THREE OF THIS SUBPART. (C) "LEVEL OF PARENTAL EDUCATION" SHALL REFER TO WHETHER OR NOT A STUDENT'S PARENTS OBTAINED A DOCTORATE OR PROFESSIONAL DEGREE, GRADUATE DEGREE, BACHELOR'S DEGREE, ASSOCIATE DEGREE, HIGH SCHOOL DIPLOMA, ALTER- NATIVE HIGH SCHOOL CREDENTIAL, OR ATTENDED HIGH SCHOOL BUT DID NOT RECEIVE ANY KIND OF DIPLOMA OR CREDENTIAL, PROVIDED THAT THE PRESIDENT SHALL RETAIN THE DISCRETION TO INCLUDE ADDITIONAL CATEGORIES AS DEEMED APPROPRIATE. (D) "LOCAL EDUCATIONAL AGENCY" SHALL MEAN A PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL, OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS THROUGH THE TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOU- SAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDEN- TIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPERATED OR STATE- SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER. (E) "SENATOR JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION" OR "NYS DREAM ACT APPLICATION" SHALL MEAN AN APPLICATION FOR ANY STATE S. 8306--B 43 FUNDED FINANCIAL AID AWARD, SUCH AS TAP AND THE EXCELSIOR SCHOLARSHIP, MADE AVAILABLE THROUGH THE APPLICATION PROCESS FOR INDIVIDUALS MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS SUBPART. (F) "SCHOOL" SHALL MEAN AN INDIVIDUAL SCHOOL WITHIN A PUBLIC SCHOOL DISTRICT OR A CHARTER SCHOOL OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS THROUGH THE TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON- RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPER- ATED OR STATE-SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER. (G) "STUDENT AID INDEX" SHALL MEAN A CALCULATION BY A COLLEGE OF HOW MUCH FEDERAL STUDENT AID AN APPLICANT IS ELIGIBLE TO RECEIVE IF THEY ATTEND SUCH COLLEGE. (H) "TAP" SHALL REFER TO THE TUITION ASSISTANCE PROGRAM AWARDS CREATED IN SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART. (I) "UNACCOMPANIED YOUTH" SHALL HAVE THE SAME MEANING AS SET FORTH IN 42 U.S.C. § 11434A(6). 2. UNIVERSAL FINANCIAL AID POLICY. EACH LOCAL EDUCATIONAL AGENCY IN THIS STATE SHALL REQUIRE EACH HIGH SCHOOL SENIOR OR EACH HIGH SCHOOL SENIOR AND SUCH SENIOR'S PARENT OR LEGAL GUARDIAN, AS APPLICABLE, TO COMPLETE THE FAFSA, NYS DREAM ACT APPLICATION, OR A WAIVER FORM DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION BEFORE A STUDENT'S DATE OF GRADUATION, PROVIDED, HOWEVER, THAT A STUDENT SHALL NOT BE PREVENTED FROM GRADUATING IF SUCH STUDENT DOES NOT COMPLETE ONE OF THE FORMS OR APPLICATIONS DESCRIBED HEREIN. 3. DATA SHARING AGREEMENTS. (A) IN ENABLING LOCAL EDUCATIONAL AGENCIES TO COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE CORPORATION SHALL ENTER INTO DATA SHARING AGREEMENTS WITH SUCH AGENCIES WHICH SHALL COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH DATA SHALL CONSIST OF A LIST OF HIGH SCHOOL SENIORS FOR WHICH THE FAFSA OR A NYS DREAM ACT APPLICATION HAS BEEN SUBMITTED AND/OR ACCEPTED, AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION. SUCH DATA SHARING AGREEMENTS SHALL, AT A MINIMUM, STIPULATE THAT: (I) ALL INFORMATION RECEIVED OR ACCESSED BY THE LOCAL EDUCATIONAL AGENCY SHALL BE DEEMED CONFIDENTIAL AND PROPRIETARY TO THE CORPORATION. ALL SUCH INFORMATION MAY NOT BE USED FOR ANY PURPOSE OTHER THAN TO ASSIST SUCH AGENCIES IN COMPLYING WITH SUBDIVISION TWO OF THIS SECTION. (II) THE LOCAL EDUCATIONAL AGENCY AND CORPORATION SHALL BE BOUND BY THE PROVISIONS OF ARTICLE TWO OF THE STATE TECHNOLOGY LAW, THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 2001 (20 U.S.C. § 1232G); SUBPARA- GRAPH (E) OF PARAGRAPH (3) OF SUBDIVISION (A) OF SECTION 483 OF THE FEDERAL HIGHER EDUCATION ACT, 20 U.S.C. § 1090(A)(3)(E), SECTION TWO-D OF THIS CHAPTER, AND OTHER APPLICABLE LOCAL, STATE, AND FEDERAL STATUTES WHICH PROTECT THE PRIVACY OF STUDENT DATA. (III) INFORMATION RECEIVED FROM THE CORPORATION SHALL BE STORED ELEC- TRONICALLY AND ENCRYPTED, PASSWORD-PROTECTED, STORED ON A LAPTOP OR COMPUTER WITH A SCREEN-LOCK, AND SUBJECT TO ANY OTHER PRECAUTIONS THAT THE CORPORATION FEELS NECESSARY TO STIPULATE IN ORDER TO ENSURE THAT THE INFORMATION IS STORED SECURELY. (IV) THE LOCAL EDUCATIONAL AGENCY SHALL DESIGNATE A SINGULAR CHIEF AUTHORIZING OFFICER WHO SHALL BE RESPONSIBLE FOR IDENTIFYING AND AUTHOR- IZING THE PERSONNEL WHO WILL HAVE ACCESS TO THE STUDENT DATA DESCRIBED S. 8306--B 44 HEREIN. SUCH AUTHORIZATION SHALL BE LIMITED TO ONLY THOSE PERSONNEL WHO REQUIRE SUCH ACCESS IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SECTION AND SUCH PERSONNEL SHALL HAVE SUCH ACCESS REVOKED UPON A DETERMINATION BY THE OFFICER THAT SUCH ACCESS IS NO LONGER NEEDED. (V) ALL RECORDS MAINTAINED BY THE LOCAL EDUCATIONAL AGENCY CONTAINING THE INFORMATION DESCRIBED IN THIS PARAGRAPH SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE CORPORATION AND STATE AND FEDERAL AUDITORS. (B) THE LIST OF STUDENTS WHO HAVE COMPLETED A FAFSA OR NYS DREAM ACT APPLICATION SHALL INCLUDE THE FOLLOWING INFORMATION: (I) THE STUDENT'S LAST NAME; (II) THE STUDENT'S FIRST NAME AND MIDDLE INITIAL; (III) THE STUDENT'S ZIP CODE, BUT NOT FULL ADDRESS; (IV) THE SCHOOL'S IDENTIFICATION NUMBER FOR THE NATIONAL CENTER FOR EDUCATION STATISTICS AS WELL AS ANY OTHER NUMBER THAT THE DEPARTMENT USES TO IDENTIFY A SCHOOL; (V) IF FILED, THE DATE THAT THE FAFSA OR NYS DREAM ACT APPLICATION WAS SUBMITTED TO THE CORPORATION; AND (VI) IF SUBMITTED, THE DATE THAT THE FAFSA OR NYS DREAM ACT APPLICA- TION WAS ACCEPTED. (C) THE PRESIDENT SHALL PUBLISH ONLINE IN A CLEAR AND ACCESSIBLE MANNER AN UNFILLED VERSION OF THE DATA SHARING AGREEMENT DESCRIBED IN THIS SUBDIVISION. 4. WAIVER FORM. (A) THE LOCAL EDUCATIONAL AGENCY SHALL ENSURE THAT EACH HIGH SCHOOL SENIOR WHO DOES NOT COMPLETE A FAFSA OR NYS DREAM ACT APPLICATION SUBMITS THE WAIVER FORM DESCRIBED IN THIS SUBDIVISION. SUCH FORM SHALL BE SIGNED BY BOTH THE SENIOR AND THE SENIOR'S PARENT OR LEGAL GUARDIAN, OR, IF THE SENIOR IS EIGHTEEN YEARS OF AGE OR OLDER AND LEGAL- LY EMANCIPATED OR AN UNACCOMPANIED YOUTH, SIGNED SOLELY BY THE SENIOR, AND SHALL CERTIFY THAT THE SENIOR UNDERSTANDS WHAT THE FAFSA AND NYS DREAM ACT APPLICATION IS BUT HAS CHOSEN NOT TO FILE. SUCH SENIOR, OR SENIOR'S PARENTS AS APPLICABLE, SHALL NOT BE REQUIRED TO STATE THE REASON FOR THE FAILURE TO FILE SUCH FAFSA OR NYS DREAM ACT APPLICATION. (B) THE COMMISSIONER SHALL CREATE A UNIFORM WAIVER FORM, AVAILABLE TO ALL LOCAL EDUCATIONAL AGENCIES COVERED IN THIS SECTION, AND POST SUCH FORM IN A PROMINENT AND ACCESSIBLE LOCATION ON THE DEPARTMENT'S WEBSITE. SUCH FORM SHALL BE MADE AVAILABLE IN THE TWELVE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS BUREAU. THE COMMISSIONER MAY, IN THEIR DISCRETION, OFFER SUCH FORM IN UP TO FOUR ADDITIONAL LANGUAGES BEYOND THE TWELVE MOST COMMON LANGUAGES. SCHOOL DISTRICTS SHALL BE REQUIRED TO USE THE WAIVER FORM DESCRIBED IN THIS PARAGRAPH WHEN COMPLYING WITH THE PROVISIONS OF THIS SECTION AND SHALL NOT BE PERMITTED TO CREATE THEIR OWN VERSIONS OF SUCH FORM. (C) IF THE LOCAL EDUCATIONAL AGENCY DETERMINES THAT A STUDENT IS UNABLE TO COMPLETE A REQUIREMENT OF THIS SECTION IN EXTREME CIRCUM- STANCES WHERE THE STUDENT OR PARENT IS UNREACHABLE OR UNCOOPERATIVE WITH THE PROVISIONS OF THIS SECTION, SUCH AGENCY SHALL COMPLETE AND SUBMIT A WAIVER FORM ON THE STUDENT'S BEHALF. 5. NOTICE TO STUDENTS. (A) LOCAL EDUCATIONAL AGENCIES SHALL GIVE NOTICE OF THE REQUIREMENT TO COMPLETE A FAFSA, NYS DREAM ACT APPLICA- TION, AND/OR WAIVER AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION NO LESS THAN FOUR TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL SENIORS, AND NO LESS THAN TWO TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL JUNIORS. INCLUDED IN SUCH NOTICE SHALL BE AN EXPLANATION OF STATE-SPON- SORED SCHOLARSHIPS AND FINANCIAL AID OPPORTUNITIES. S. 8306--B 45 (B) LOCAL EDUCATIONAL AGENCIES SHALL DIRECT STUDENTS TO SUPPORT SERVICES THAT MAY BE AVAILABLE TO ASSIST STUDENTS IN COMPLETING THE FAFSA AND NYS DREAM ACT APPLICATION AS NECESSARY, INCLUDING BUT NOT LIMITED TO PROGRAMS OPERATED BY THE CORPORATION, POSTSECONDARY IMMI- GRATION RESOURCE CENTERS, COLLEGE READINESS ORGANIZATIONS, COMMUNITY- BASED ORGANIZATIONS, AND LEGAL RESOURCE ORGANIZATIONS. (C) LOCAL EDUCATIONAL AGENCIES SHALL MAKE EVERY EFFORT TO ENSURE THAT UNACCOMPANIED YOUTH ARE PROVIDED OR CONNECTED WITH RESOURCES NEEDED TO COMPLETE A FAFSA OR NYS DREAM ACT APPLICATION AS APPROPRIATE. 6. DATA REPORTING. (A) THE CORPORATION SHALL COMPILE DATA ON FAFSA AND NYS DREAM ACT APPLICATION SUBMISSION AND ACCEPTANCE RATES FOR EACH LOCAL EDUCATIONAL AGENCY COVERED BY THIS SECTION AND PUBLISH SUCH DATA ON ITS WEBSITE FOR EACH MONTH OF THE YEAR. REPORTED DATA SHALL INCLUDE THE NUMBER OF FAFSA AND NYS DREAM ACT APPLICATIONS SUBMITTED AND ACCEPTED: (I) BOTH IN TOTAL AND DISAGGREGATED BY SCHOOL, COUNTY, AND PUBLIC SCHOOL DISTRICT; AND (II) DISAGGREGATED BY LEVEL OF PARENTAL EDUCATION, RACIAL AND/OR ETHNIC IDENTITY OF THE STUDENT, INCOME, AGE, GENDER, AND STUDENT AID INDEX, AS AVAILABLE TO THE CORPORATION AND WHERE POSSIBLE; (III) HOWEVER, THE CORPORATION MAY EXCLUDE NYS DREAM ACT APPLICANT DISAGGREGATED DATA IF THE APPLICANTS WERE SO FEW THAT THE ANONYMOUS INFORMATION OF THE STUDENT COULD BE INADVERTENTLY PUBLISHED. (B) THE CORPORATION SHALL PUBLISH THE DATA DESCRIBED IN THIS SUBDIVI- SION IN A CLEAR AND ACCESSIBLE MANNER ON ITS WEBSITE. (C) THE CORPORATION SHALL CREATE AN ONLINE DASHBOARD WHICH TRACKS FAFSA AND NYS DREAM ACT APPLICATION SUBMISSION AND ACCEPTANCE RATES FOR THE CURRENT YEAR. THE CORPORATION SHALL ALSO PUBLISH A TABLE WHICH COMPARES SUCH RATES TO THE RATES OF PRIOR YEARS BEGINNING IN THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. 7. NO PENALTY. A STUDENT WHO DOES NOT FULFILL THE REQUIREMENTS OF THIS SECTION SHALL NOT BE PENALIZED OR PUNISHED ON SUCH BASIS AND THIS SECTION SHALL NOT AFFECT A STUDENT'S ABILITY TO GRADUATE. § 2. This act shall take effect on the first of July next succeeding one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D Intentionally Omitted PART E Section 1. Paragraph d of subdivision 7 of section 2-d of the educa- tion law, as added by section 1 of subpart L of part AA of chapter 56 of the laws of 2014, is amended to read as follows: d. Nothing in this section shall limit the DEPARTMENT'S administrative use of student data or teacher or principal data by a person acting exclusively in the person's capacity as an employee of an educational agency or of the state or any of its political subdivisions, any court or the federal government that is otherwise required by law. NOTHING IN THIS SECTION SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE CITY UNIVERSITY OF NEW YORK FOR EDUCATIONAL PURPOSES IN S. 8306--B 46 ACCORDANCE WITH A DATA PROTECTION AGREEMENT AND PURSUANT TO THE PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. SECTION 1232G. § 2. Section 655 of the education law is amended by adding a new subdivision 9-a to read as follows: 9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND DATA AS THE PRESIDENT DEEMS NECESSARY FOR PURPOSES OF FINANCIAL AID PROGRAM EVALUATION. § 3. This act shall take effect immediately. PART F Section 1. Section 16 of chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 4 of part DD of chapter 56 of the laws of 2021, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided [that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire 13 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further] that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date [the] SUCH provisions [of this act] shall be deemed repealed. § 2. This act shall take effect immediately. PART G 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 V of chapter 56 of the laws of 2023, is amended to read as follows: § 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2024] 2025; provided however that the amend- ments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2024. PART H 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$175.00] $181.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (b) in the case of each individual receiving residential care, an amount equal to at least [$202.00] $208.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$241.00] $249.00 for each month beginning on or after January first, two thousand [twenty-three] TWEN- TY-FOUR. S. 8306--B 47 (d) for the period commencing January first, two thousand [twenty- four] TWENTY-FIVE, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [twenty-four] TWENTY-FIVE, but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE, 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living alone, [$1,001.00] $1,030.00; and for an eligible couple living alone, [$1,475.00] $1,519.00. (b) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living with others with or without in-kind income, [$937.00] $966.00; and for an eligible couple living with others with or without in-kind income, [$1,417.00] $1,461.00. (c) On and after January first, two thousand [twenty-three] TWENTY- FOUR, (i) for an eligible individual receiving family care, [$1,180.48] $1,209.48 if he or she 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 eligi- ble individual receiving such care in any other county in the state, [$1,142.48] $1,171.48; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving residential care, [$1,349.00] $1,378.00 if he or she 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, [$1,319.00] $1,348.00; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving enhanced residential care, [$1,608.00] $1,637.00; 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-four] TWENTY- FIVE but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE. § 3. This act shall take effect December 31, 2024. S. 8306--B 48 PART I Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi- sion 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, is amended to read as follows: (iv) at the discretion of the court, the court may attribute or impute income from[,] such other resources as may be available to the parent, including, but not limited to: (A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or [indirecly] INDIRECTLY confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends; IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED, THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI- DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN- MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI- ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE, NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER- MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU- ANT TO THIS CLAUSE; § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows: (iv) at the discretion of the court, the court may attribute or impute income from[,] such other resources as may be available to the parent, including, but not limited to: (A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or [indirecly] INDIRECTLY confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends; IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED, THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI- DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN- MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI- ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE, NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER- S. 8306--B 49 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU- ANT TO THIS CLAUSE; § 3. Paragraph (k) of subdivision 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, is amended to read as follows: (k) When a party has defaulted and/or the court is otherwise presented with insufficient evidence to determine gross income, [the court shall order child support based upon the needs or standard of living of the child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF THIS SUBDIVISION. Such order may be retroactively modified upward, with- out a showing of change in circumstances. § 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows: (k) When a party has defaulted and/or the court is otherwise presented with insufficient evidence to determine gross income, [the court shall order child support based upon the needs or standard of living of the child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF THIS SUBDIVISION. Such order may be retroactively modified upward, with- out a showing of change in circumstances. § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of section 413 of the family court act, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support; provided that incarceration shall not be considered voluntary unemployment[, unless such incarceration is the result of non-payment of a child support order, or an offense against the custo- dial parent or child who is the subject of the order or judgment]; § 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b of section 240 of the domestic relations law, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support; provided that incarceration shall not be considered voluntary unemployment[, unless such incarceration is the result of non-payment of a child support order, or an offense against the custo- dial parent or child who is the subject of the order or judgment]; § 7. Paragraph (a) of subdivision 3 of section 451 of the family court act, as amended by chapter 313 of the laws of 2019, is amended to read as follows: (a) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration shall not be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances [provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment]. S. 8306--B 50 § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of part B of section 236 of the domestic relations law, as amended by chap- ter 313 of the laws of 2019, is amended to read as follows: (i) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration shall not be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances [provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment]. § 9. This act shall take effect immediately, and shall apply to any action or proceeding pending upon or commenced on or after such effec- tive date. PART J Section 1. Subdivision 1 of section 206-c of the labor law, as amended by chapter 672 of the laws of 2022, is amended to read as follows: 1. An employer shall provide [reasonable unpaid] PAID break time [or] FOR THIRTY MINUTES, AND permit an employee to use EXISTING paid break time or meal time FOR TIME IN EXCESS OF THIRTY MINUTES, to allow an employee to express breast milk for [her] SUCH EMPLOYEE'S nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place. § 2. This act shall take effect on the sixtieth day after it shall have become a law. PART K Intentionally Omitted PART L Section 1. Subdivision 3 of section 218 of the labor law, as amended by chapter 2 of the laws of 2015, is amended to read as follows: 3. (A) Provided that no proceeding for administrative or judicial review as provided in this chapter shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the employer resides or has a place of business the order of the commissioner, or the deci- sion of the industrial board of appeals containing the amount found to be due including the civil penalty, if any, and at the commissioner's discretion, an additional fifteen percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee, the commissioner shall assign, without consider- ation or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or S. 8306--B 51 liquidated damages due that employee, to that employee and may file an assignment or order in that amount in the name of that employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assignment[, order or decision] may be enforced [by and in the name of the commissioner, or] by the employee[,] in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment. (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI- CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS- SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER- EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT- TELS OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER. (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS, FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS- SIONER HAD RECOVERED JUDGMENT FOR THE SAME. § 2. Subdivision 3 of section 219 of the labor law, as amended by chapter 2 of the laws of 2015, is amended to read as follows: 3. (A) Provided that no proceeding for administrative or judicial review as provided in this chapter shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the employer resides or has a place of business the order of the commissioner or the decision of the industrial board of appeals containing the amount found to be S. 8306--B 52 due, including, at the commissioner's discretion, an additional fifteen percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee, the commissioner shall assign, without consideration or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or liquidated damages due the employee, to that employee and may file an assignment or order in that amount in the name of such employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assign- ment[, order or decision] may be enforced [by and in the name of the commissioner, or] by the employee[,] in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment. (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI- CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS- SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER- EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT- TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER. (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS, FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. S. 8306--B 53 IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS- SIONER HAD RECOVERED JUDGMENT FOR THE SAME. § 3. Subdivision 5 of section 6201 of the civil practice law and rules, as amended by chapter 860 of the laws of 1977 and as renumbered by chapter 618 of the laws of 1992, is amended and a new subdivision 6 is added to read as follows: 5. the cause of action is based on a judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, or on a judgment which qualifies for recognition under the provisions of article 53[.] OF THIS CHAPTER; OR 6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY- MENT CONTRACT. § 4. Section 6210 of the civil practice law and rules, as added by chapter 860 of the laws of 1977, is amended to read as follows: § 6210. Order of attachment on notice; temporary restraining order; contents. Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a temporary restraining order prohibiting the transfer of assets by a garnishee as provided in subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO SUBDIVISION SIX OF SECTION 6201, AND IF THE EMPLOYER CONTESTS THE MOTION, THE COURT SHALL HOLD A HEARING WITHIN TEN DAYS OF WHEN THE EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR ATTACHMENT IS DUE. The contents of the order of attachment granted pursuant to this section shall be as provided in subdivision (a) of section 6211. § 5. Subdivision (b) of section 6211 of the civil practice law and rules, as amended by chapter 566 of the laws of 1985, is amended to read as follows: (b) Confirmation of order. Except where an order of attachment is granted on the ground specified in subdivision one OR SIX of section 6201, an order of attachment granted without notice shall provide that within a period not to exceed five days after levy, the plaintiff shall move, on such notice as the court shall direct to the defendant, the garnishee, if any, and the sheriff, for an order confirming the order of attachment. Where an order of attachment without notice is granted on the ground specified in subdivision one OR SIX of section 6201, the court shall direct that the statement required by section 6219 be served within five days, that a copy thereof be served upon the plaintiff, and the plaintiff shall move within ten days after levy for an order confirming the order of attachment. If the plaintiff upon such motion shall show that the statement has not been served and that the plaintiff will be unable to satisfy the requirement of subdivision (b) of section 6223 until the statement has been served, the court may grant one exten- sion of the time to move for confirmation for a period not to exceed ten days. If plaintiff fails to make such motion within the required period, S. 8306--B 54 the order of attachment and any levy thereunder shall have no further effect and shall be vacated upon motion. Upon the motion to confirm, the provisions of subdivision (b) of section 6223 shall apply. An order of attachment granted without notice may provide that the sheriff refrain from taking any property levied upon into [his] THE actual custody OF SUCH SHERIFF, pending further order of the court. § 6. Subdivisions (b) and (e) of rule 6212 of the civil practice law and rules, subdivision (b) as separately amended by chapters 15 and 860 of the laws of 1977 and subdivision (e) as added by chapter 860 of the laws of 1977, are amended to read as follows: (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion for an order of attachment, the plaintiff shall give an undertaking, in a total amount fixed by the court, but not less than five hundred dollars, a specified part thereof conditioned that the plaintiff shall pay to the defendant all costs and damages, including reasonable attor- ney's fees, which may be sustained by reason of the attachment if the defendant recovers judgment or if it is finally decided that the plain- tiff was not entitled to an attachment of the defendant's property, and the balance conditioned that the plaintiff shall pay to the sheriff all of [his] THEIR allowable fees. 2. ON A MOTION FOR AN ATTACHMENT PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI- BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA- TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain- tiff shall not be liable to the sheriff for such fees. The surety on the undertaking shall not be discharged except upon notice to the sheriff. (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff shall be liable to the defendant for all costs and damages, including reasonable attorney's fees, which may be sustained by reason of the attachment if the defendant recovers judgment, or if it is finally decided that the plaintiff was not entitled to an attachment of the defendant's property. Plaintiff's liability shall not be limited by the amount of the undertaking. § 7. Paragraph (b) of section 624 of the business corporation law, as amended by chapter 449 of the laws of 1997, is amended to read as follows: (b) Any person who shall have been a shareholder of record of a corpo- ration, OR WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE, upon at least five days' written demand shall have the right to examine in person or by agent or attorney, during usual business hours, its minutes of the proceedings of its shareholders and record of sharehold- ers and to make extracts therefrom for any purpose reasonably related to such person's interest as a shareholder, LABORER, SERVANT OR EMPLOYEE, PROVIDED THE PURPOSE REASONABLY RELATED TO A PERSON'S INTEREST AS A LABORER, SERVANT OR EMPLOYEE SHALL BE TO OBTAIN THE NAMES, ADDRESSES, AND VALUE OF SHAREHOLDERS' INTERESTS IN THE CORPORATION. Holders of voting trust certificates representing shares of the corporation shall be regarded as shareholders for the purpose of this section. Any such agent or attorney shall be authorized in a writing that satisfies the requirements of a writing under paragraph (b) of section 609 (Proxies). A corporation requested to provide information pursuant to this para- graph shall make available such information in written form and in any other format in which such information is maintained by the corporation and shall not be required to provide such information in any other S. 8306--B 55 format. If a request made pursuant to this paragraph includes a request to furnish information regarding beneficial owners, the corporation shall make available such information in its possession regarding bene- ficial owners as is provided to the corporation by a registered broker or dealer or a bank, association or other entity that exercises fiduci- ary powers in connection with the forwarding of information to such owners. The corporation shall not be required to obtain information about beneficial owners not in its possession. § 8. Section 630 of the business corporation law, paragraph (a) as amended by chapter 5 of the laws of 2016, paragraph (c) as amended by chapter 746 of the laws of 1963, is amended to read as follows: § 630. Liability of shareholders for wages due to laborers, servants or employees. (a) The ten largest shareholders, as determined by the fair value of their beneficial interest as of the beginning of the period during which the unpaid services referred to in this section are performed, of every domestic corporation or of any foreign corporation, when the unpaid services were performed in the state, no shares of which are listed on a national securities exchange or regularly quoted in an over-the-counter market by one or more members of a national or an affiliated securities association, shall jointly and severally be personally liable for all debts, wages or salaries due and owing to any of its laborers, servants or employees other than contractors, for services performed by them for such corporation. [Before such laborer, servant or employee shall charge such shareholder for such services, he shall give notice in writing to such shareholder that he intends to hold him liable under this section. Such notice shall be given within one hundred and eighty days after termination of such services, except that if, within such period, the laborer, servant or employee demands an examination of the record of shareholders under paragraph (b) of section 624 (Books and records; right of inspection, prima facie evidence) of this article, such notice may be given within sixty days after he has been given the opportunity to examine the record of shareholders. An action to enforce such liabil- ity shall be commenced within ninety days after the return of an execution unsatisfied against the corporation upon a judgment recovered against it for such services.] The provisions of this paragraph shall not apply to an investment company registered as such under an act of congress entitled "Investment Company Act of 1940." (b) For the purposes of this section, wages or salaries shall mean all compensation and benefits payable by an employer to or for the account of the employee for personal services rendered by such employee INCLUD- ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S FEES OR COSTS. These shall specifically include but not be limited to salaries, overtime, vacation, holiday and severance pay; employer contributions to or payments of insurance or welfare benefits; employer contributions to pension or annuity funds; and any other moneys properly due or payable for services rendered by such employee. (c) A shareholder who has paid more than [his] THEIR pro rata share under this section shall be entitled to contribution pro rata from the other shareholders liable under this section with respect to the excess so paid, over and above [his] SUCH SHAREHOLDER'S pro rata share, and may sue them jointly or severally or any number of them to recover the amount due from them. Such recovery may be had in a separate action. As used in this paragraph, "pro rata" means in proportion to beneficial share interest. Before a shareholder may claim contribution from other shareholders under this paragraph, [he] SUCH SHAREHOLDER shall[, unless S. 8306--B 56 they have been given notice by a laborer, servant or employee under paragraph (a),] give them notice in writing that [he] SUCH SHAREHOLDER intends to hold them so liable to [him] SUCH SHAREHOLDER. Such notice shall be given by [him] SUCH SHAREHOLDER within twenty days after the date that [notice was given to him by] THE SHAREHOLDER BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD SUCH SHAREHOLDER LIABLE under paragraph (a). § 9. Subdivision (c) of section 609 of the limited liability company law, as amended by chapter 620 of the laws of 2019, is amended to read as follows: (c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, the ten members with the largest percentage ownership interest, as determined as of the beginning of the period during which the unpaid services referred to in this section are performed, of every domestic limited liability company, or of any foreign limited liability company, when the unpaid services were performed in the state, shall jointly and severally be personally liable for all debts, wages or salaries due and owing to any of its laborers, servants or employees, for services performed by them for such limited liability company. [Before such laborer, servant or employee shall charge such member for such services, he or she shall give notice in writing to such member that he or she intends to hold such member liable under this section. Such notice shall be given within one hundred eighty days after termination of such services. An action to enforce such liability shall be commenced within ninety days after the return of an execution unsatisfied against the limited liability company upon a judgment recovered against it for such services.] A member who has paid more than [his or her] THEIR pro rata share under this section shall be entitled to contribution pro rata from the other members liable under this section with respect to the excess so paid, over and above [his or her] SUCH MEMBER'S pro rata share, and may sue them jointly or severally or any number of them to recover the amount due from them. Such recovery may be had in a separate action. As used in this subdivision, "pro rata" means in proportion to percentage ownership interest. Before a member may claim contribution from other members under this section, [he or she] SUCH MEMBER shall give them notice in writing that [he or she] SUCH MEMBER intends to hold them so liable to [him or her] SUCH MEMBER. § 10. Section 1102 of the limited liability company law is amended by adding a new subdivision (e) to read as follows: (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY- EE OF A LIMITED LIABILITY COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR- NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE PERIOD OF TIME DURING WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA- NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS SUBDIVI- SION SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT. UPON REFUSAL BY THE COMPANY OR BY AN OFFICER OR AGENT OF THE COMPANY TO PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS SUBDIVISION, THE PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF THE COMPANY IS LOCATED, UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT. UPON THE RETURN S. 8306--B 57 DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR- ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COURT SHALL GRANT AN ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO THE COURT MAY SEEM JUST AND PROPER. IF THE APPLICANT IS FOUND TO BE QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COMPANY SHALL PAY ALL REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT RELATED TO THE DEMAND FOR INSPECTION OF THE RECORDS. § 11. Subdivision 5 of section 218 of the labor law, as added by chap- ter 537 of the laws of 2014, is amended to read as follows: 5. An employer similar in operation and ownership to a prior employer which had been found in violation of article six, nineteen or nineteen-A of this chapter, shall be deemed the same employer for the purposes of this section AND ARTICLES SIX, NINETEEN, AND NINETEEN-A OF THIS CHAPTER if the employees of the new employer are engaged in substantially the same work in substantially the same working conditions under substan- tially the same supervisors, or if the subsequent employer has substan- tially the same production process, produces substantially the same products and has substantially the same body of customers. Such subse- quent employer shall continue to be subject to this section and liable for the acts of the prior employer under this section. § 12. Subdivision 4 of section 219 of the labor law, as added by chap- ter 537 of the laws of 2014, is amended to read as follows: 4. An employer similar in operation and ownership to a prior employer found to be in violation of article six, nineteen or nineteen-A of this chapter, shall be deemed the same employer for the purposes of this section AND ARTICLES SIX, NINETEEN, NINETEEN-A OF THIS CHAPTER if the employees of the subsequent employer are engaged in substantially the same work in substantially the same working conditions under substan- tially the same supervisors, or if the new entity has substantially the same production process, produces substantially the same products and has substantially the same body of customers. Such a subsequent employer will continue to be subject to this section and shall be liable for the acts of the prior employer under this section. § 13. The state finance law is amended by adding a new section 99-rr to read as follows: § 99-RR. 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 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 S. 8306--B 58 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. § 14. This act shall take effect immediately; provided, however, that sections three through twelve of this act shall take effect on the thir- tieth day after it shall have become a law; and provided further, howev- er, that section thirteen of this act shall take effect April 1, 2024. The procedures and rights created in this act may be used by employees, laborers or servants in connection with claims for liabilities that arose prior to the effective date of this act. PART M Section 1. Subdivisions 1, 3, 4, 5, 6, 8, 9, 10 and 14 of section 1 of chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, are amended to read as follows: 1.(a) For employers with ten or fewer employees [as of January 1, 2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW, each employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19, shall be provided with unpaid sick leave until the termination of any mandatory or precautionary order of quarantine or isolation due to COVID-19 and any other benefit as provided by any other provision of law. During the period of mandatory or precautionary quarantine or isolation, an employee shall be eligible for paid family leave benefits and benefits due pursuant to disability pursuant to this act. An employer with ten or fewer employees [as of January 1, 2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW, and that has a net income of greater than one million dollars in the previ- ous tax year, shall provide each employee who is subject to a precau- tionary or mandatory order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or S. 8306--B 59 any governmental entity duly authorized to issue such order due to COVID-19, at least five days of paid sick leave and unpaid leave until the termination of any mandatory or precautionary order of quarantine or isolation. After such five days of paid sick leave, an employee shall be eligible for paid family leave benefits and benefits due pursuant to disability pursuant to this act. (b) For employers with between eleven and ninety-nine employees [as of January 1, 2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW, each employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19, shall be provided with at least five days of paid sick leave and unpaid leave until the termination of any mandatory or precautionary order of quarantine or isolation. After such five days of paid sick leave, an employee shall be eligible for paid family leave benefits and benefits due pursuant to disability pursuant to this act. (c) For employers with one hundred or more employees [as of January 1, 2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW, each employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19, shall be provided with at least fourteen days of paid sick leave during any mandatory or precautionary order of quarantine or isolation. (d) For public employers, each officer or employee WORKING IN A FACIL- ITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19 shall be provided with at least fourteen days of paid sick leave during any mandatory or precautionary order of quaran- tine or isolation. Each officer or employee shall be compensated at his or her regular rate of pay for those regular work hours during which the officer or employee is absent from work due to a mandatory or precau- tionary order of quarantine or isolation due to COVID-19. For purposes of this act, "public employer" shall mean [the following: (i) the state; (ii) a county, city, town or village; (iii) a school district, board of cooperative educational services, vocational education and extension board or a school district as enumerated in section 1 of chapter 566 of the laws of 1967, as amended; (iv) any governmental entity operating a college or university; (v) a public improvement or special district including police or fire districts; (vi) a public authority, commission or public benefit corporation; or (vii) any other public corporation, agency, instrumentality or unit of government which exercises governmental power under the laws of this state] ANY PUBLIC FACILITY OR ENTITY LICENSED UNDER ARTICLE 28 OF THE PUBLIC HEALTH LAW. (e) Such leave shall be provided without loss of an officer or employ- ee's accrued sick leave. 3. Upon return to work following leave taken pursuant to this act, an employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW shall be restored by his or her employer to the posi- tion of employment held by the employee prior to any leave taken pursu- ant to this act with the same pay and other terms and conditions of employment. No employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, or any other S. 8306--B 60 person, shall discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee because such employee has taken leave pursuant to this act. 4. An employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW shall not receive paid sick leave benefits or any other paid benefits provided by any provisions of this section if the employee is subject to a mandatory or precautionary order of quaran- tine because the employee has returned to the United States after trav- eling to a country for which the Centers for Disease Control and Prevention has a level two or three travel health notice and the travel to that country was not taken as part of the employee's employment or at the direction of the employee's employer, and if the employee was provided notice of the travel health notice and the limitations of this subdivision prior to such travel. Such employee shall be eligible to use accrued leave provided by the employer, or to the extent that such employee does not have accrued leave or sufficient accrued leave, unpaid sick leave shall be provided for the duration of the mandatory or precautionary quarantine or isolation. 5. The commissioner of labor shall have authority to adopt regu- lations, including emergency regulations, and issue guidance to effectu- ate any of the provisions of this act. Employers GOVERNED UNDER ARTICLE 28 OF THE PUBLIC HEALTH LAW shall comply with regulations promulgated by the commissioner of labor for this purpose which may include, but is not limited to, standards for the use, payment, and employee eligibility of sick leave pursuant to this act. 6. Notwithstanding any other provision of law, and for purposes of this act only, for purposes of article 9 of the workers' compensation law, "disability" shall mean: any inability of an employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW to perform the regular duties of his or her employment or the duties of any other employment which his or her employer may offer him or her as a result of a mandatory or precautionary order of quarantine or isolation issued by the state, the department of health, a local board of health, or any government entity duly authorized to issue such order due to COVID-19 and when the employee has exhausted all paid sick leave provided by the employee's employer under this act. 8. Notwithstanding any other provision of law, and for purposes of this act only, for purposes of article 9 of the workers' compensation law, "family leave" shall mean: (a) any leave taken by an employee WORK- ING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW from work when an employee is subject to a mandatory or precaution- ary order of quarantine or isolation issued by the state, the department of health, a local board of health, or any government entity duly authorized to issue such order due to COVID-19; or (b) to provide care for a minor dependent child of the employee who is subject to a mandato- ry or precautionary order of quarantine or isolation issued by the state, the department of health, a local board of health, or any govern- ment entity duly authorized to issue such order due to COVID-19. 9. Notwithstanding any other provision of law, and for purposes of this act only, for purposes of article 9 of the workers' compensation law, disability and family leave benefits pursuant to this act may be payable concurrently to an eligible employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW upon the first full day of an unpaid period of mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, a local board of health, or any government entity duly S. 8306--B 61 authorized to issue such order due to COVID-19, provided however, an employee may not collect any benefits that would exceed $840.70 in paid family leave and $2,043.92 in benefits due pursuant to disability per week. 10. Notwithstanding any other provision of law, and for purposes of this act only, for purposes of article 9 of the workers' compensation law, the maximum weekly benefit which the employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW is entitled to receive for benefits due pursuant to disability pursuant to subdivision six of this section only shall be the difference between the maximum weekly family leave benefit and such employee's total average weekly wage from each covered employer up to a maximum benefit due pursuant to disability of $2,043.92 per week. 14. Nothing in this section shall be deemed to impede, infringe, diminish or impair the rights of a public employee or employer LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW under any law, rule, regulation or collectively negotiated agreement, or the rights and bene- fits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargain- ing relationship, or to prohibit any personnel action which otherwise would have been taken regardless of any request to use, or utilization of, any leave provided by this act. § 2. This act shall take effect July 31, 2024. PART N Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $17,750,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budg- et, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed $17,750,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2023-2024 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, 2024. § 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 $7,750,000 for the fiscal year ending March 31, 2025. 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 S. 8306--B 62 reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $7,750,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2023-2024 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, 2024. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $23,180,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $23,180,000, 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 2023-2024 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, 2024. § 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 $85,581,000 for the fiscal year ending March 31, 2025. 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 $85,581,000, 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 S. 8306--B 63 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 2023-2024 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, 2025. § 5. This act shall take effect immediately. PART O Section 1. Subdivision 3 of section 30.10 of the criminal procedure law is amended by adding a new paragraph (h) to read as follows: (H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY MUST BE COMMENCED WITHIN FIVE YEARS AFTER THE COMMISSION OF THE CRIME, OR WITHIN TWO YEARS AFTER THE FACTS CONSTITUTING SUCH OFFENSE ARE DISCOVERED BY THE AGGRIEVED PARTY, WHICHEVER OCCURS LATER. § 2. Section 155.00 of the penal law is amended by adding six new subdivisions 11, 12, 13, 14, 15 and 16 to read as follows: 11. "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00 OF THIS PART. 12. "COMMERCIAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL MEAN A NONRESIDENTIAL PROPERTY USED FOR THE BUYING, SELLING OR OTHERWISE PROVIDING OF GOODS OR SERVICES INCLUDING HOTEL SERVICES, OR FOR OTHER LAWFUL BUSINESS, COMMERCIAL OR MANUFACTURING ACTIVITIES. 13. "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW. 14. "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW. 15. "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP- ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE- QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL NEEDS. 16. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER. § 3. Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi- sion 2 of section 155.05 of the penal law, paragraph (f) as added by chapter 353 of the laws of 2023, are amended and a new paragraph (g) is added to read as follows: (ix) Perform any other act which would not in itself materially bene- fit the actor but which is calculated to harm another person materially with respect to his OR HER health, safety, business, calling, career, financial condition, reputation or personal relationships[.]; OR (f) By wage theft. A person obtains property by wage theft when he or she hires a person to perform services and the person performs such services and the person does not pay wages, at the minimum wage rate and overtime, or promised S. 8306--B 64 wage, if greater than the minimum wage rate and overtime, to said person for work performed. In a prosecution for wage theft, for the purposes of venue, it is permissible to aggregate all nonpayments or underpayments to one person from one person, into one larceny count, even if the nonpayments or underpayments occurred in multiple counties. It is also permissible to aggregate nonpayments or underpayments from a workforce into one larceny count even if such nonpayments or underpayments occurred in multiple counties[.]; OR (G) BY DEED THEFT. A PERSON COMMITS DEED THEFT WHEN HE OR SHE: (I) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS A PROP- ERTY DOCUMENT SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNERSHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR (II) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR (III) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY OTHER FRAUDULENT OR DECEPTIVE PRACTICE. § 4. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: § 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he or she steals property and: 1. when the value of the property exceeds three thousand dollars, or 2. the property is an automated teller machine or the contents of an automated teller machine[.], OR 3. WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPER- TY, REGARDLESS OF THE VALUE. Grand larceny in the third degree is a class D felony. § 5. Section 155.40 of the penal law, as amended by chapter 515 of the laws of 1986, is amended to read as follows: § 155.40 Grand larceny in the second degree. A person is guilty of grand larceny in the second degree when he OR SHE steals property and when: 1. The value of the property exceeds fifty thousand dollars; or 2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his OR HER position as a public servant by engaging in conduct within or related to his OR HER official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely[.]; OR 3. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF: (A) ONE RESIDENTIAL REAL PROPERTY; OR (B) ONE COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (C) TWO OR MORE COMMERCIAL PROP- ERTIES. Grand larceny in the second degree is a class C felony. § 6. Section 155.42 of the penal law, as added by chapter 515 of the laws of 1986, is amended to read as follows: § 155.42 Grand larceny in the first degree. A person is guilty of grand larceny in the first degree when: 1. he OR SHE steals property and when the value of the property exceeds one million dollars[.]; OR S. 8306--B 65 2. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF (A) RESIDENTIAL REAL PROPERTY THAT IS OCCUPIED AS A HOME BY AT LEAST ONE PERSON; OR (B) RESIDENTIAL REAL PROPERTY THAT INVOLVES A HOME THAT IS OWNED BY AN ELDERLY PERSON, AN INCOMPETENT, AN INCAPACITATED PERSON, OR PHYSICALLY DISABLED PERSON; OR (C) THREE OR MORE RESIDENTIAL REAL PROP- ERTIES. Grand larceny in the first degree is a class B felony. § 7. Subdivision 3 of section 187.00 of the penal law, as amended by chapter 507 of the laws of 2009, is amended to read as follows: 3. "Residential real property" means real property THAT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT IS improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed. § 8. Section 63 of the executive law is amended by adding a new subdi- vision 17 to read as follows: 17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF THE LAWS OF THIS STATE APPLICABLE TO ANY CRIME THAT AFFECTS THE TITLE TO, ENCUMBRANCE OF, OR THE POSSESSION OF REAL PROPERTY, INCLUDING BUT NOT LIMITED TO DEED THEFT, LARCENY, CRIMINAL POSSESSION OF STOLEN PROP- ERTY, OFFERING A FALSE INSTRUMENT FOR FILING, FALSIFYING BUSINESS RECORDS, RESIDENTIAL MORTGAGE FRAUD, OR SCHEME TO DEFRAUD. IN ALL SUCH PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXERCISE ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM. § 9. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. PROHIBITION ON INITIATION OF A PARTITION ACTION. NO PARTITION ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES OF THE HEIRS PROPERTY FROM A RELATIVE. § 10. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 13 to read as follows: 13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR SHARES OF AN HEIRS PROPERTY AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER- OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER- TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHER- ITED THEIR SHARE OR SHARES OF THE PROPERTY SHALL HAVE THE RIGHT TO PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND CONDITIONS OF THE OFFER OR COUNTEROFFER. (B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE PENDING OFFER. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE S. 8306--B 66 OTHER CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED OF THE OFFER TO MATCH SUCH OFFER. (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP- ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE OF TWO PERCENT PER ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE. § 11. The real property law is amended by adding a new section 424 to read as follows: § 424. TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER ON DEATH DEED. (B) "DESIGNATED BENEFICIARY" MEANS A PERSON DESIGNATED TO RECEIVE PROPERTY IN A TRANSFER ON DEATH DEED. (C) "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP. THE TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A TENANT IN COMMON OR OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP. (D) "PERSON" INCLUDES A NATURAL PERSON, AN ASSOCIATION, BOARD, ANY CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP OR OTHER FIRM AND THE STATE. (E) "PROPERTY" MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THIS STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER. (F) "TRANSFER ON DEATH DEED" MEANS A DEED AUTHORIZED UNDER THIS SECTION. (G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES A TRANSFER ON DEATH DEED. 2. NONEXCLUSIVITY. THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS- FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE. 3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP- ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. 4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO- CABLE EVEN IF THE DEED OR ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION. 5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS NONTESTAMENTARY. 6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A WILL. 7. REQUIREMENTS. A TRANSFER ON DEATH DEED: (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN THE ESSENTIAL ELEMENTS AND FORMALITIES OF A PROPERLY RECORDABLE INTER VIVOS DEED; (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR'S DEATH; (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED; (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND S. 8306--B 67 (E) SHALL BE RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED. 8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED. A TRANS- FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT: (A) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY DURING THE TRANSFEROR'S LIFE; OR (B) CONSIDERATION. 9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT- TED. (A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF IT, ONLY IF THE INSTRUMENT: (1) IS ONE OF THE FOLLOWING: (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED EXPRESSLY OR BY INCONSISTENCY; (B) AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR PART OF THE DEED; OR (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH DEED OR PART OF THE DEED; AND (2) IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE DEED BEING REVOKED AND RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED IS RECORDED. (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR: (1) REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE INTEREST OF ANOTHER TRANSFEROR; AND (2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY ALL OF THE LIVING JOINT OWNERS. (C) AFTER A TRANSFER ON DEATH DEED IS RECORDED, IT SHALL NOT BE REVOKED BY A REVOCATORY ACT ON THE DEED. (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER OF THE PROPERTY. 10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT: (A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER, INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY; (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER- EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (D) AFFECT THE TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE; (E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED BENEFICIARY; OR (F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR OF THE DESIGNATED BENEFICIARY. 11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT DEATH: S. 8306--B 68 (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD- ANCE WITH THE DEED. (2) THE INTEREST OF A DESIGNATED BENEFICIARY IS CONTINGENT ON THE DESIGNATED BENEFICIARY SURVIVING THE TRANSFEROR. THE INTEREST OF A DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES. (3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER- ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED SHARES WITH NO RIGHT OF SURVIVORSHIP. (4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI- ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER, OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING PART OF THE PROPERTY HELD CONCURRENTLY. (B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, CONTRACTS, MORTGAGES, LIENS, AND OTHER INTERESTS TO WHICH THE PROPERTY IS SUBJECT AT THE TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED AT THE TRANSFEROR'S DEATH. (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED SHALL BELONG TO THE SURVIVING JOINT OWNER OR OWNERS WITH RIGHT OF SURVIVORSHIP. (D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE. (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION. 12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH- ING IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD, UNDUE INFLUENCE, DURESS, MISTAKE, OR OTHER INVALIDATING CAUSE TO A TRANSFER OF PROPERTY. (B) DIVORCE, ANNULMENT OR DECLARATION OF NULLITY, OR DISSOLUTION OF MARRIAGE, SHALL HAVE THE SAME EFFECT ON A TRANSFER ON DEATH DEED AS OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW. 13. RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE- FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED IN A WILL. 14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE EXTENT THE TRANSFEROR'S PROBATE ESTATE IS INSUFFICIENT TO SATISFY AN ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING SPOUSE OR CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR MORE TRANSFER ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS APPORTIONED AMONG THE PROPERTIES IN PROPORTION TO THEIR NET VALUES AT THE TRANSFEROR'S DEATH. (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION MUST BE COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH. 15. FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE A TRANSFER ON DEATH DEED: (FRONT OF FORM) S. 8306--B 69 REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF THIS FORM. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC- TIVE. IDENTIFYING INFORMATION OWNER OR OWNERS MAKING THIS DEED: ____________________________________________________ PRINTED NAME MAILING ADDRESS ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: ____________________________________________________ PRIMARY BENEFICIARY I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE ALTERNATE BENEFICIARY - OPTIONAL IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE TRANSFER ON DEATH AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT TO REVOKE THIS DEED. S. 8306--B 70 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE ____________________________________________________ NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO? WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY LIENS OR MORTGAGES (OR OTHER ENCUMBRANCES) ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH. IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY? S. 8306--B 71 YES. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED? YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED. HOW DO I "RECORD" THE TOD DEED? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE DEED IN EACH COUNTY. CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND? YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED. HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED? THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED: (1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE THE TOD DEED BY WILL. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMILY MEMBER, FRIEND, OR LAWYER. DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED? NO, BUT IT IS RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER. S. 8306--B 72 16. FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO REVOKE A TRANSFER ON DEATH DEED. (FRONT OF FORM) REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE, OR IT WILL NOT BE EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE PROPERTY OF OWNERS WHO SIGN THIS REVOCATION. IDENTIFYING INFORMATION OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION: ____________________________________________________ PRINTED NAME MAILING ADDRESS ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: ____________________________________________________ REVOCATION I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH DEED. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES S. 8306--B 73 ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN- TY WHERE THE PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. HOW DO I "RECORD" THE FORM? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE FORM IN EACH OF THOSE COUNTIES. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI- LY MEMBER, FRIEND, OR LAWYER. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, CONSULT A LAWYER. § 12. This act shall take effect on thirtieth day after it shall have become a law; provided, however, that sections nine through eleven of this act shall take effect on the the ninetieth day after it shall have become a law; provided, further, that section 424 of the real property law, as added by section eleven of this act, shall apply to any transfer on death deed made before, on, or after the effective date of this act by a transferor dying on or after the effective date of this act. PART P S. 8306--B 74 Section 1. This Part enacts into law components of legislation relat- ing to the conveyance and use of real property owned and maintained by the state university of New York and the New York state department of transportation. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each partic- ular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes refer- ence to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Legislative findings. The legislature finds that the state university of New York at Farmingdale ("Farmingdale") seeks to use approximately 8.7 acres of vacant land on Farmingdale's campus to build multi-purpose facilities to support affordable housing needs and supporting amenities, fulfilling a necessary and vital public purpose. The legislature further finds that granting the trustees of the State University of New York ("Trustees") the authority and power to lease and otherwise contract to make available grounds and facilities of the Farm- ingdale campus will ensure such land is utilized for the benefit of Farmingdale, the surrounding community, and the general public. § 2. Notwithstanding any other law to the contrary, the Trustees are authorized and empowered, without any public bidding, to lease and otherwise contract to make available to the New York housing opportunity corporation (the "ground lessee"), a portion of the lands of Farmingdale generally described in this act for the purpose of developing, constructing, maintaining and operating multi-purpose facilities to support affordable housing needs and supporting amenities as permitted by the New York housing opportunity corporation act. Such lease or contract shall be for a period not exceeding ninety-nine years without any fee simple conveyance and otherwise upon terms and conditions deter- mined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately terminate and the real property and any improvements thereon shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements thereon shall revert to the state univer- sity of New York on the expiration of such contract or lease. Any and all proceeds related to the leases authorized by this act shall be used for the benefit of the Farmingdale campus and the allocation of such proceeds shall be subject to approval by the Trustees. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. S. 8306--B 75 § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 5. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the New York housing opportunity corporation, and parties contracting with the New York hous- ing opportunity corporation, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mort- gages and assignments of rents and leases, by the New York housing opportunity corporation and parties contracting with the New York hous- ing opportunity corporation for the purposes of completing the project described in this act. § 6. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 7. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 8. The property authorized by this act to be leased to the New York housing opportunity corporation is generally described as that parcel of real property with improvements thereon consisting of a total of 8.7 acres situated on the campus of the State University of New York at Farmingdale, subject to all existing easements and restrictions of record. The description in this section of the parcel to be made avail- able pursuant to this act is not meant to be a legal description, but is intended only to identify the parcel: The property is situated at the southwest corner of NYS Route 110 and Melville Road. The eastern boundary runs north/south along the western side of NYS Route 110 with approximately 450 feet of frontage. The northern boundary runs along Melville Road for just over 1,000 feet. § 9. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 10. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 11. This act shall take effect immediately. SUBPART B S. 8306--B 76 Section 1. Legislative findings. The legislature finds that the state university of New York at Stony Brook ("Stony Brook") seeks to use approximately 10 acres of underutilized land on Stony Brook's Southamp- ton campus to build multi-purpose facilities to support affordable hous- ing needs and supporting amenities, fulfilling a necessary and vital public purpose. The legislature further finds that granting the trus- tees of the State University of New York ("Trustees") the authority and power to lease and otherwise contract to make available grounds and facilities of Stony Brook's campus will ensure such land is utilized for the benefit of Stony Brook, the surrounding community, and the general public. § 2. Notwithstanding any other law to the contrary, the Trustees are authorized and empowered, without any public bidding, to lease and otherwise contract to make available to the New York housing opportunity corporation a portion of the lands of Stony Brook generally described in this act for the purpose of developing, constructing, maintaining and operating multi-purpose facilities to support affordable housing needs and supporting amenities, as permitted by the New York housing opportu- nity corporation act. Such lease or contract shall be for a period not exceeding ninety-nine years without any fee simple conveyance and other- wise upon terms and conditions determined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall imme- diately terminate and the real property and any improvements thereon shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements ther- eon shall revert to the state university of New York on the expiration of such contract or lease. Any and all proceeds related to the leases authorized by this act shall be used for the benefit of the Stony Brook campus and the allocation of such proceeds shall be subject to approval by the Trustees. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 5. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the ground lessee, S. 8306--B 77 and parties contracting with the ground lessee, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mortgages and assignments of rents and leases, by the ground lessee and parties contracting with the ground lessee for the purposes of completing the project described in this act. § 6. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 7. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 8. The property authorized by this act to be leased to the ground lessee is generally described as approximately 10 acres of land situated on the Southampton campus of the state university of New York at Stony Brook, subject to all existing easements and restrictions of record. § 9. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 10. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 11. This act shall take effect immediately. SUBPART C Section 1. Notwithstanding the provisions of section 400 of the trans- portation law, or any other provision of law to the contrary, the commissioner of transportation is hereby authorized and empowered to, without any public bidding, lease and otherwise contract to make avail- able to the New York housing opportunity corporation (the "ground lessee") for the purpose of developing, constructing, maintaining and operating multi-purpose facilities to support affordable housing needs and supporting amenities as permitted by the New York housing opportu- nity corporation act, certain state-owned real property, as described in section two of this act. Such lease or contract shall be for a period not exceeding ninety-nine years without any fee simple conveyance and otherwise upon terms and conditions determined by the commissioner of transportation, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately terminate and the real property and any improvements thereon shall revert to the department of transpor- tation. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements thereon shall revert to the department of transportation on the expiration of such contract or lease. § 2. The lands authorized by this act to be leased consist of two parcels of land in the town of Babylon, Suffolk county, constituting tax map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and S. 8306--B 78 generally described as approximately twelve and one-half acres of land located north of Conklin Street and east of Route 110. § 3. The description in section two of this act of the lands to be conveyed is not intended to be a legal description and is intended only to identify the premises to be conveyed. § 3-a. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the executive law, and any contractor, subcontractor, lessee or sublessee entering into such contract or lease for the construction, demolition, reconstruction, excavation, rehabilitation, repair, renovation, alter- ation or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 3-b. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state. § 3-c. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the ground lessee, and parties contracting with the ground lessee, and in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured, including, but not limited to, secured by leasehold mortgages and assignments of rents and leases, by the ground lessee and parties contracting with the ground lessee for the purposes of completing the project described in this act. § 3-d. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 3-e. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 3-f. The department of transportation shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 3-g. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 4. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, or subpart of this part shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of that subpart or this part, but shall be confined in its operation to the clause, sentence, paragraph, S. 8306--B 79 subdivision, section, or subpart 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 part and each subpart herein 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART Q Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows: 3. Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling or dwellings on a lot shall not exceed 12.0, except [that a]: A. A fireproof class B dwelling in which six or more passenger eleva- tors are maintained and operated in any city having a local zoning law, ordinance or resolution restricting districts in such city to residen- tial use, may be erected in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordi- nance or resolution to residential uses. B. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE PERMITTED FLOOR AREA RATIO (FAR) OF ANY DWELLING OR DWELLINGS ON A LOT MAY EXCEED 12.0 PROVIDED THAT: (1) SUCH CITY APPROVES ANY INCREASE IN SUCH PERMITTED FLOOR AREA RATIO (FAR) IN ACCORDANCE WITH LOCAL REQUIREMENTS FOR PUBLIC REVIEW OF LAND USE ACTIONS INCLUDING, WHERE APPLICABLE, SUCH CITY'S UNIFORM LAND USE REVIEW PROCEDURE; (2) SUCH CITY DESIGNATES THE LOT WHERE SUCH DWELLING OR DWELLINGS ARE LOCATED AS SUBJECT TO A PROGRAM ESTABLISHED IN THE ZONING LAW, ORDINANCE OR RESOLUTION OF SUCH CITY THAT MANDATES THAT ANY NEW HOUSING ON DESIG- NATED LOTS INCLUDE MINIMUM PERCENTAGES OF PERMANENTLY AFFORDABLE HOUS- ING, INCLUDING, WHERE APPLICABLE, ANY MANDATORY INCLUSIONARY HOUSING REQUIREMENTS; AND (3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG- NATED BY SUCH CITY AS A HISTORIC DISTRICT. C. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, A GENERAL PROJECT PLAN ADOPTED BY THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION FOR A PROJECT MAY PERMIT A FLOOR AREA RATIO OF A DWELLING OR DWELLINGS ON A LOT TO EXCEED 12.0 PROVIDED THAT: (1) SUCH PROJECT INCLUDE AT LEAST THE SAME MINIMUM PERCENTAGE OF PERMANENTLY AFFORDABLE HOUSING THAT SUCH PROJECT WOULD OTHERWISE HAVE TO INCLUDE IF THE PROJECT HAD BEEN APPROVED PURSUANT TO A PROGRAM ESTAB- LISHED IN THE ZONING LAW, ORDINANCE OR RESOLUTION OF SUCH CITY MANDATING THAT NEW HOUSING ON DESIGNATED LOTS INCLUDE MINIMUM PERCENTAGES OF PERMANENTLY AFFORDABLE HOUSING, INCLUDING, WHERE APPLICABLE, ANY MANDA- TORY INCLUSIONARY HOUSING REQUIREMENTS; AND (2) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG- NATED BY SUCH CITY AS A HISTORIC DISTRICT. § 2. This act shall take effect immediately. PART R S. 8306--B 80 Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph e is added to read as follows: c. Money loaned by the public entity that is to be repaid on a contin- gent basis; [or] d. Credits that are applied by the public entity against repayment of obligations to the public entity[.]; OR E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP- ERTY TAX LAW. § 2. The real property tax law is amended by adding a new section 467-m to read as follows: § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY-FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "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, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH. S. 8306--B 81 I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY- THREE; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY- FIRST, TWO THOUSAND THIRTY-NINE. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC- TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN- CY. V. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION 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 SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. S. 8306--B 82 X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. Y. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. Z. "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI- OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST FIFTEEN YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, AN EIGHTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY-FOUR PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY-TWO PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE SEVENTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY-EIGHT PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOP- MENT AREA, A THIRTY-NINE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, A THIRTY-TWO PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-SIX PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VI) FOR THE NINETEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL S. 8306--B 83 TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE AFFORDABILITY REQUIREMENT DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI- BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS DURING THE RESTRICTION PERIOD: A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE S. 8306--B 84 OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND (IV) SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY, RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE- MENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE- FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; S. 8306--B 85 (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE- GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI- SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION. 8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD- ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. S. 8306--B 86 13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA- TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE BENEFIT PROVIDED PURSUANT TO THIS SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION FIFTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. S. 8306--B 87 § 3. This act shall take effect immediately. PART S Intentionally Omitted PART T Intentionally Omitted PART U Intentionally Omitted 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 (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- S. 8306--B 88 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. 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 paragraph b as amended by section 2 of part DD of chapter 56 of the laws of 2021, subparagraph (iii) of paragraph a as amended by section 3 of part H 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, AND EXCEPT START- ING IN TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE AND THEREAFT- ER, SUCH STUDENTS SHALL RECEIVE SIX THOUSAND ONE 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]TWENTY-FOUR--two thousand [twenty-two] TWENTY-FIVE; 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 S. 8306--B 89 [(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 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 [eighty]plus twelve per centum of ONE 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 ten 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 applica- S. 8306--B 90 tion 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 more, but not more than forty 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] ONE HUNDRED TWENTY-FIVE 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 academic year and thereafter, the award shall be the net amount of the base amount determined pursuant to subparagraph (i) of this paragraph reduced pursu- ant to subparagraph (ii) [or (iii)] of this paragraph but the award shall not be reduced below [five hundred] 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. S. 8306--B 91 (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 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 S. 8306--B 92 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 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 X Section 1. Legislative intent. The State University of New York ("SUNY") has committed to becoming the most inclusive university system in the country, where all students, faculty, and staff feel welcome and supported. To meet this goal, SUNY must employ, in addition to faculty and staff, leaders at the highest levels who share common experiences and culture with those who comprise the fastest-growing segment of its student population: diverse students who will become the nation's next generation of leaders. SUNY has seen a steady increase of Black students in recent years, reaching nearly 11 percent, or over 42,000 students, in the 2019-2020 academic year. While SUNY continues its efforts to ensure that campus leadership and faculty reflect the students they serve by hiring faculty who are more representative of the diverse student population at SUNY campuses, the diversity within executive leadership teams on many campuses can be expanded further with support from the legislature. It is, therefore, the intention of the legislature to create a Black Leadership Institute ("the Institute") as an initiative for Black lead- ers in higher education with a mission to retain and grow from within SUNY a greater proportion of Black professionals at SUNY campuses. The Institute shall offer support and foster professional development for candidates for senior leadership roles on SUNY campuses, which will, in turn, create a more diverse SUNY culture that represents New York state and the SUNY student population. The legislature further intends that the Institute would be designed to open doors to executive-level positions and strengthen the Universi- ty's pool of Black leaders. The Institute will identify, develop, and recruit, and ultimately support, retain, and foster the success of Black leaders across the SUNY system. § 2. The education law is amended by adding a new section 362 to read as follows: § 362. BLACK LEADERSHIP INSTITUTE. 1. SUBJECT TO AN APPROPRIATION FOR THIS PURPOSE, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, IN CONSULTATION WITH THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, SHALL CREATE A BLACK LEADERSHIP INSTITUTE WITHIN THE STATE UNIVER- SITY OF NEW YORK TO FOSTER THE SUCCESS OF BLACK LEADERS AT THE UNIVERSI- TY PRESIDENT AND PRESIDENT'S CABINET LEVEL. SUCH INSTITUTE SHALL DEVELOP CANDIDATE IDENTIFICATION AND RECRUITMENT EFFORTS, SEARCH COMMITTEE TRAINING, PROFESSIONAL DEVELOPMENT AND INDIVIDUALIZED SUPPORT MEASURES FOR INSTITUTE PARTICIPANTS, PROFESSIONAL ASSISTANCE PROGRAMMING, S. 8306--B 93 SERVICES, RESEARCH AND RESOURCE IDENTIFICATION ACTIVITIES, AND ANY OTHER PROGRAMS DEEMED NECESSARY TO EFFECTUATE THE INTENT OF THIS INSTITUTE. 2. THE CHANCELLOR SHALL APPOINT AN EXECUTIVE DIRECTOR AND AN EIGHT MEMBER ADVISORY COUNCIL, TO PROVIDE GUIDANCE AND ADVICE TO FURTHER THE DEVELOPMENT AND GROWTH OF THE INSTITUTE. THE DIRECTOR AND THE MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE FOR THREE-YEAR TERMS, WITH THE DIRECTOR AND THREE ADVISORY COUNCIL MEMBERS APPOINTED IN THE FIRST YEAR OF THE INSTITUTE'S EXISTENCE, THREE OTHER MEMBERS APPOINTED IN THE SECOND YEAR, AND TWO MEMBERS APPOINTED IN THE THIRD YEAR. THE DIRECTOR AND ADVISORY COUNCIL MEMBERS MAY BE REAPPOINTED AT THE END OF EACH TERM IN THE MANNER OF THE ORIGINAL APPOINTMENT. THE DIRECTOR AND ADVISORY COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR WORK IN CONJUNCTION WITH THE INSTI- TUTE. 3. IN CONSIDERING MEASURES AND PROGRAMMING FOR EFFECTUATING THE PURPOSE OF THE INSTITUTE, THE INSTITUTE SHALL CONSIDER SUCH FACTORS AS PROGRAM COST-EFFECTIVENESS; THE ABILITY OF SUCH PROGRAMS TO OFFER PROGRAMMATICALLY APPROPRIATE, LONG-TERM, TRAINING, AND SUPPORT SERVICES; THE ABILITY OF SUCH PROGRAMS TO ENABLE INDIVIDUALS TO PARTICIPATE IN THE INSTITUTE TO RECEIVE REWARDING TRAINING, SERVICES, AND SUPPORTS; AND CURRENT AND PROJECTED EMPLOYMENT DATA AT CAMPUSES WITHIN THE STATE UNIVERSITY SYSTEM. 4. THE EXECUTIVE DIRECTOR SHALL PREPARE AND PRESENT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE MAJORITY LEADER OF THE SENATE AT THE BEGINNING OF EACH REGULAR SESSION OF THE LEGISLATURE A SEPARATE REPORT COVERING, IN SUMMARY, AND IN DETAIL, ALL PHASES OF ACTIVITY OF THE INSTITUTE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR. § 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART Y Section 1. Subdivisions 1 and 3 of section 592 of the labor law, as amended by chapter 20 of the laws of 2020, are amended to read as follows: 1. Industrial controversy. (a) The accumulation of benefit rights by a claimant shall be suspended during a period of [two consecutive weeks] ONE WEEK beginning with the day after such claimant lost his or her employment because of a strike or other industrial controversy except for lockouts, including concerted activity not authorized or sanctioned by the recognized or certified bargaining agent of the claimant, and other concerted activity conducted in violation of any existing collec- tive bargaining agreement, in the establishment in which he or she was employed, except that benefit rights may be accumulated before the expi- ration of such [two] ONE week period beginning with the day after such strike or other industrial controversy was terminated. (b) Benefits shall not be suspended under this section if: (i) The employer hires a permanent replacement worker for the employ- ee's position. A replacement worker shall be presumed to be permanent unless the employer certifies in writing that the employee will be able to return to his or her prior position upon conclusion of the strike, in the event the strike terminates prior to the conclusion of the employ- ee's eligibility for benefit rights under this chapter. In the event the employer does not permit such return after such certification, the employee shall be entitled to recover any benefits lost as a result of the [two] ONE week suspension of benefits, and the department may impose a penalty upon the employer of up to seven hundred fifty dollars per S. 8306--B 94 employee per week of benefits lost. The penalty collected shall be paid into the unemployment insurance control fund established pursuant to section five hundred fifty-two-b of this article; or (ii) The commissioner determines that the claimant: (A) is not employed by an employer that is involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy; or (B) is not in a bargaining unit involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy. 3. Terms of suspension. [No] THE waiting period [may be served during a] AND suspension period SHALL BE SERVED CONCURRENTLY. The suspension of accumulation of benefit rights shall not be termi- nated by subsequent employment of the claimant irrespective of when the claim is filed except as provided in subdivision one and shall not be confined to a single benefit year. A "week" as used in subdivision one of this section means any seven consecutive calendar days. § 2. This act shall take effect immediately. PART Z Section 1. Subdivisions 1, 2 and 3 of section 20 of the workers' compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi- vision 1 is added to read as follows: 1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS. § 2. Subdivision 2 of section 20 of the workers' compensation law, as amended by chapter 635 of the laws of 1996 and as renumbered by section one of this act, is amended to read as follows: 2. [At any time after the expiration of the first seven days of disa- bility on the part of an injured employee, or at any time after the employee's death, a claim for compensation may be presented to the employer or to the chair. The] WITHIN SIXTY DAYS AFTER A CLAIM FOR COMPENSATION HAS BEEN INDEXED, THE board shall HOLD AN INITIAL HEARING FOR EACH CLAIM IN WHICH THE INJURED WORKER ASSERTS LOST WAGES OR LOST TIME DUE TO INJURY AND SHALL have full power and authority to determine all questions in relation to the payment of claims presented to it for compensation under the provisions of this chapter. The chair or board shall THEREAFTER make or cause to be made such investigation as it deems necessary, and upon application of either party OR AN ATTORNEY REPRES- ENTING EITHER PARTY, shall order a hearing BEFORE A REFEREE TO TAKE PLACE WITHIN FORTY-FIVE CALENDAR DAYS OF THE APPLICATION FROM EITHER PARTY, and within thirty days after a claim for compensation is submit- ted under this section, or such hearing closed, shall make or deny an award, determining such claim for compensation, and file the same in the office of the chair. NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN ATTORNEY PURSUANT TO THIS SECTION SHALL BE SUBJECT TO LIMITATIONS, PREREQUISITES, OR PENALTIES IMPOSED BY THE BOARD. Immediately after such filing the chair shall send to the parties a copy of the decision. Upon a hearing pursuant to this section either party may present evidence and be represented by counsel. The decision of the board shall be final as to all questions of fact, and, except as provided in section twenty- three of this article, as to all questions of law. Except as provided in section twenty-seven of this article, all awards of the board shall S. 8306--B 95 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. Whenever a hearing or proceeding for the determination of a claim for compensation is begun before a referee, pursuant to the provisions of this chapter, such hearing or proceeding or any adjourned hearing thereon shall continue before the same referee until a final determination awarding or denying compensation, except in the absence, inability or disqualification to act of such referee, or for other good cause, in which event such hearing or proceeding may be continued before another referee by order of the chair or board. § 3. Paragraph (c) of subdivision 3 of section 25 of the workers' compensation law, as amended by chapter 61 of the laws of 1986, is amended to read as follows: (c) The board shall keep an accurate record of all hearings held. ALL DECISIONS SHALL BE ISSUED TO THE INJURED WORKER IN THEIR NATIVE LANGUAGE. Whenever a hearing must be continued or adjourned because the carrier or employer has engaged in dilatory tactics or exhibited unjus- tified lack of preparedness, the board shall impose a penalty of twen- ty-five dollars to be paid to the fund created by subdivision two of section one hundred fifty-one of this chapter and shall in addition make an award of seventy-five dollars payable to the injured worker or his or her dependants. Dilatory tactics may include but shall not be limited to: failing to subpoena medical witnesses or to secure an order to show cause as directed by the referee, failing to bring proper files, failing to appear, failing to produce witnesses or documents after they have been requested by the referee or examiner or as directed by the hearing notice, unnecessarily protracting the production of evidence, or engag- ing in a pattern of delay which unduly delays resolution, except that no penalty shall be imposed nor award made under this subdivision if the carrier or employer produces evidence sufficient to excuse its conduct to the satisfaction of the referee. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART AA Section 1. This act enacts into law major components of legislation which are necessary to implement the New York healthy incentive program. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Part, includ- ing the effective date of the Subpart, 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 Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. The social services law is amended by adding a new section 95-b to read as follows: § 95-B. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP). 1. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT HEALTHY FOOD INCENTIVE PROGRAMS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL, SOCIAL, AND ECONOMIC BENEFITS TO THE GENERAL PUBLIC, ESPECIALLY FOR THOSE INDIVID- S. 8306--B 96 UALS WHO HAVE HISTORICALLY BEEN EXCLUDED FROM ACCESS TO FRESH PRODUCE; IN FOOD DESERTS WHERE ACCESS TO HEALTHY AND AFFORDABLE FOOD IS LIMITED OR WHERE THERE ARE NO GROCERY STORES; AND LOCAL FARMERS WHO STRUGGLE TO COMPETE WITH IMPORTED GOODS AND PRODUCE. FURTHERMORE, IT IS THE ARTIC- ULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH IN THE NUMBER OF FARM TO CONSUMER ENTITIES ACCEPTING SUPPLEMENTAL NUTRITION ASSISTANCE BENEFITS AND PARTICIPATE IN THE HEALTHY FOOD INCENTIVE PROGRAM. THE HEALTHY FOOD INCENTIVE PROGRAM PROVIDES EARNED DOLLARS FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS TO SPEND ON LOCAL HEALTHY FOOD THAT IS FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD OR HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR THEMSELVES OR THEIR FAMILIES; PROMOTES HEALTHIER INDIVIDUAL LIFESTYLES BY INCENTIVIZING BETTER EATING HABITS; FOSTERS THE RETENTION AND EXPAN- SION OF FARM TO CONSUMER ENTITIES, PARTICULARLY IN FOOD INSECURE ENVI- RONMENTS; ENGENDERS A CLOSER RELATIONSHIP BETWEEN COMMUNITIES AND LOCAL FARMERS; INCREASES CAPACITY FOR LOCAL FARMS; AND STIMULATES LOCAL ECONO- MIES. IT IS THEREFORE THE INTENT OF THE LEGISLATURE AND THE PURPOSE OF THIS SECTION TO CREATE A STATE OPERATED HEALTHY FOOD INCENTIVE PROGRAM, KNOWN AS THE NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP), FOR ALL SNAP RECIPIENTS AND LOCAL ECONOMIES ACROSS THE STATE. 2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION AND SECTION NINETY- FIVE-C OF THIS TITLE: A. "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST- ANCE. B. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO- RARY AND DISABILITY ASSISTANCE. C. "FARM TO CONSUMER ENTITIES" SHALL MEAN ANY SORT OF ENTERPRISE THAT ALLOWS LOCAL FARMERS TO SELL THEIR PRODUCE AND OTHER PRODUCTS DIRECTLY TO THE CONSUMER, SUCH AS FARMERS MARKETS, CO-OPS, LOCALLY SOURCED COMMU- NITY OWNED GROCERY STORES, AND COMMUNITY SUPPORTED AGRICULTURE, AS DETERMINED BY THE COMMISSIONER WITH INPUT FROM THE COMMISSIONER OF AGRI- CULTURE AND MARKETS. D. "LOCAL" OR "LOCALLY" SHALL MEAN LOCATED WITHIN THE STATE OF NEW YORK, HOWEVER, IF NEIGHBORING STATES CREATE THEIR OWN HEALTHY INCENTIVE PROGRAMS THE OFFICE MAY MAKE AGREEMENTS OF RECIPROCITY TO ALLOW SNAP BENEFICIARIES TO EARN DOLLAR REWARDS FOR THE PURCHASE OF HEALTHY FOODS FROM SUCH NEIGHBORING STATE AND MAY PLACE A BOUNDARY LIMITATION BASED ON DISTANCE FROM STATE LINES. E. "LOCAL HEALTHY FOOD" SHALL MEAN ANY AGRICULTURAL PRODUCT THAT PROVIDES NUTRITIONAL SUPPORT TO HUMANS SUCH AS PRODUCE, DAIRY, MEAT AND PROCESSED FOODS THAT MUST CONSIST OF INGREDIENTS THAT ARE GROWN AND CULTIVATED IN THE STATE OF NEW YORK, BUT MAY BE PROCESSED ELSEWHERE. FOR THE PURPOSES OF THIS PARAGRAPH, "PROCESSED FOODS" SHALL MEAN ANY RAW AGRICULTURAL COMMODITIES THAT HAVE BEEN MILLED, CUT, CHOPPED, HEATED, PASTEURIZED, BLANCHED, COOKED, CANNED, FROZEN, DRIED, DEHYDRATED, OR MIXED, AND SHALL CONSIST OF AT LEAST SEVENTY-FIVE PERCENT OF LOCAL INGREDIENTS. F. "SIMILARLY SITUATED ENTITIES" SHALL MEAN STORES OF ANY SIZE THAT HAVE AGREED TO AND SIGNED A MEMORANDUM OF UNDERSTANDING DETAILING HOW THEY WILL PRIORITIZE SOURCING PRODUCE AND OTHER HEALTHY FOODS LOCALLY, AGREE TO GOAL METRICS TO INCREASE THEIR ABILITY TO LOCALLY SOURCE, AND MEET THOSE METRICS TO MAINTAIN THEIR HEALTHY FOOD INCENTIVE PROGRAM PARTICIPATION. FOR THE PURPOSES OF THIS PARAGRAPH, "STORES" SHALL MEAN ANY NOT FARM TO CONSUMER PRODUCE RETAILER THAT IS CURRENTLY AUTHORIZED AS AN ELECTRONIC BENEFIT TRANSFER RETAILER, SUCH AS GROCERY STORES, S. 8306--B 97 CORNER STORES, BODEGAS, FOOD MARTS, FOOD STORES, CONVENIENCE STORES, OR MARKETS. G. "SNAP CARD" OR "SNAP BENEFIT CARD" SHALL MEAN ANY ELECTRONIC METHOD IN WHICH THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IS ADMINISTERED TO BENEFICIARIES ON A CREDIT OR DEBIT CARD, INCLUDING THROUGH THE ELEC- TRONIC BENEFIT TRANSFER SYSTEM DESCRIBED IN SECTION TWENTY-ONE-A OF THIS CHAPTER. 3. OFFICE POWERS AND DUTIES TO PROMULGATE PROGRAM. A. THE OFFICE IS DIRECTED TO APPLY FOR ANY NECESSARY GRANT OR WAIVER TO PARTICIPATE IN THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM OR SIMILAR GRANT ADMINIS- TERED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE NATIONAL INSTITUTE OF FOOD AND AGRICULTURE FOR APPROVAL, AND TO ACT FOR THE STATE IN ANY NEGOTIATIONS RELATIVE TO THE SUBMISSION AND APPROVAL OF SUCH PLAN, WAIVER, OR GRANT, AND SHALL MAKE SUCH ARRANGEMENTS AND TAKE SUCH ACTION, NOT INCONSISTENT WITH LAW, AS MAY BE REQUIRED TO OBTAIN AND RETAIN SUCH APPROVAL, TO IMPLEMENT SUCH PLAN, WAIVER, OR GRANT AND TO SECURE FOR THE STATE THE BENEFITS AVAILABLE. B. THE OFFICE SHALL ACTIVELY SEARCH FOR, FIND AND APPLY FOR GRANTS AND OTHER STREAMS OF FUNDING TO PROMULGATE THIS SECTION AND FUND THIS PROGRAM. C. THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL OTHER ACTIONS NECESSARY FOR THE EFFECTIVE CREATION AND IMPLEMENTATION OF NYHIP, PROVIDING EARNED DOLLARS FOR SNAP BENEFICIARIES TO SPEND ON LOCAL HEALTHY FOOD THAT IS FRESH AND NUTRITIOUS, IN ACCORDANCE WITH THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE COMMIS- SIONER'S ABILITY TO EXPAND ACCESS TO NYHIP TO ALL NEW YORKERS, SO LONG AS IT CONTINUES TO PRIORITIZE THE EARNED DOLLARS USED TO BUY LOCALLY GROWN HEALTHY FOODS. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE OFFICE FROM INCLUDING NEW YORK GROWN AND CERTIFIED FOODS, AS CREATED BY SECTION ONE HUNDRED FIFTY-SIX-H OF THE AGRICULTURE AND MARKETS LAW, FROM BEING INCLUDED IN NYHIP. NYHIP SHALL INCLUDE THE FOLLOWING: I. A FIXED EARNED DOLLAR AMOUNT FOR THE PURCHASE OF FRESH LOCALLY GROWN HEALTHY FOODS USING SNAP; II. AUTOMATION OF EARNED DOLLAR AMOUNTS ON SNAP CARDS; III. AUTOMATION OF SNAP BENEFIT CARDS SO SNAP BENEFICIARIES ARE ABLE TO PARTICIPATE IN LOCAL COMMUNITY SUPPORTED AGRICULTURE SUBSCRIPTIONS AND EARN NYHIP DOLLARS; IV. ENSURING NYHIP IS AVAILABLE AT ALL FARM TO CONSUMER ENTITIES AND SIMILARLY SITUATED ENTITIES BY ENCOURAGING THEM TO PARTICIPATE; V. CONNECTING FARM TO CONSUMER ENTITIES AND SIMILARLY SITUATED ENTI- TIES WITH THE NECESSARY RESOURCES AND TECHNOLOGY TO PARTICIPATE IN NYHIP; VI. REGULAR UPDATES AND MAINTENANCE OF THE MOBILE APPLICATION AND WEBSITE; AND VII. CREATION AND MAINTENANCE OF A NYHIP OUTREACH PROGRAM TO ENSURE ALL SNAP BENEFICIARIES ARE AWARE OF THE OPPORTUNITY TO PARTICIPATE IN SUCH PROGRAM. D. THE OFFICE MAY CONTRACT WITH OUTSIDE ENTITIES TO EFFECT THE IMPLE- MENTATION AND PROMULGATION OF NYHIP AND SHALL GIVE GREATER WEIGHT TO ENTITIES THAT MANAGE HEALTHY INCENTIVE PROGRAMS IN THE STATE WHEN DETER- MINING CONTRACT AWARD. E. THE OFFICE SHALL ESTABLISH A GRANT PROGRAM, FOR FARMERS, FARMERS MARKETS, AND COMMUNITY-SUPPORTED AGRICULTURE PARTNERSHIPS, IN ATTAINING ANY TECHNOLOGY NEEDED TO TAKE PAYMENT FROM SNAP BENEFICIARIES AND PARTICIPATE IN NYHIP. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL ESTABLISH AN OUTREACH PROGRAM FOR FARM- S. 8306--B 98 ERS, FARMERS MARKETS, AND COMMUNITY-SUPPORTED AGRICULTURE PARTNERSHIPS TO BE INFORMED OF NYHIP AND THE AVAILABILITY OF THE TECHNOLOGICAL GRANT DESCRIBED ABOVE. 4. NYHIP MOBILE APPLICATION, WEBSITE AND INTERACTIVE MAP. A. I. THE OFFICE SHALL ESTABLISH A MOBILE APPLICATION AND WEBSITE TO PROMOTE NYHIP AND LOCATIONS AVAILABLE TO SNAP RECIPIENTS ACROSS THE STATE AND PROMOTE FARM TO CONSUMER ENTITIES THAT TAKE SNAP. THE MOBILE APPLICATION AND WEBSITE SHALL INCLUDE, BUT IS NOT LIMITED TO: A. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER- LINKS, AS AVAILABLE, TO ALL FARM TO CONSUMER ENTITIES THAT SELL LOCALLY GROWN HEALTHY FOOD AND ACCEPT SNAP BENEFITS; AND B. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER- LINKS, AS AVAILABLE, TO ALL FARMERS MARKETS, MOBILE MARKETS, COMMUNITY SUPPORTED AGRICULTURE, OR SIMILARLY SITUATED ENTITIES THAT SELL LOCALLY GROWN HEALTHY FOOD THAT ARE PARTICIPANTS OF NYHIP. II. THE MOBILE APPLICATION AND WEBSITE SHOULD HAVE AN INTERACTIVE MAP WHERE A USER MAY FIND FARM TO CONSUMER ENTITIES THAT TAKE SNAP AND ARE NYHIP PARTICIPANTS. THIS INFORMATION SHOULD ALSO BE SEARCHABLE BY TOWN/CITY, COUNTY, REGION OR ANY OTHER CRITERIA THE COMMISSIONER DEEMS RELEVANT. III. THE MOBILE APPLICATION AND WEBSITE SHOULD MAKE CLEAR DISTINCTIONS BETWEEN FARM TO CONSUMER ENTITIES THAT JUST TAKE SNAP AND THOSE THAT ARE PARTICIPANTS OF NYHIP. B. EACH COMMISSIONER OF SOCIAL SERVICES SHALL PROVIDE INFORMATION REGARDING NYHIP ON THEIR WEBSITE AND HYPERLINKS TO THIS INTERACTIVE WEBSITE AND WHERE TO DOWNLOAD THE MOBILE APPLICATION ON THE SNAP PAGES OF ALL SOCIAL SERVICES WEBSITES. C. THE OFFICE SHALL ESTABLISH PROCEDURES FOR FARM TO CONSUMER ENTITIES THAT ACCEPT SNAP BENEFITS AND NYHIP TO PROVIDE THE UPDATED INFORMATION DETAILED ABOVE FOR THE MOBILE APPLICATION AND WEBSITE. IN DEVELOPING SUCH PROCEDURES, THE OFFICE SHALL PROVIDE A SYSTEM IN WHICH THE INFORMA- TION REQUIRED IN THE MOBILE APPLICATION AND WEBSITE IS UPDATED MONTHLY AND CONTINUOUS MAINTENANCE IS PROVIDED. D. THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL OTHER ACTIONS NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE DEPART- MENT'S ABILITY TO EXPAND ACCESS TO THE NYHIP INCENTIVE PROGRAM MAP TO ALL NEW YORKERS. § 2. This act shall take effect immediately. SUBPART B Section 1. Section 95 of the social services law is amended by adding a new subdivision 12 to read as follows: 12. (A) THE OFFICE SHALL PROMPTLY SEEK ANY NECESSARY APPROVALS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE (USDA) TO AUTOMATE THE USE OF SNAP BENEFIT CARDS TO STREAMLINE THE PROC- ESS FOR POTENTIAL AND CURRENT RECIPIENTS TO PARTICIPATE IN LOCALLY GROWN FRESH FOOD SUBSCRIPTION SERVICES, SUCH AS COMMUNITY SUPPORTED AGRICUL- TURE PARTNERSHIPS, BY CONDUCTING AN AUTOMATIC DEDUCTION ON A WEEKLY BASIS. THE OFFICE SHALL ALSO CREATE AN AUTOMATION PROCESS FOR THE NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP) AS PRESCRIBED IN SECTION NINETY- FIVE-B OF THIS TITLE, BY ALLOWING THE STATE TO ADD THE ACCRUED INCEN- TIVES DIRECTLY TO A SNAP CARD. ONCE THE OFFICE RECEIVES THE WAIVER, THE OFFICE SHALL WORK WITH THE USDA AND NYHIP TO ENSURE THAT ANY INCENTIVES ACCRUED ARE USED BY SNAP BENEFICIARIES TO PURCHASE LOCAL FOOD THAT IS S. 8306--B 99 FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD OR HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR THEMSELVES OR THEIR FAMILIES. THE OFFICE SHALL PROMPTLY SEEK ANY NECESSARY APPROVALS FROM THE USDA IN ORDER TO MAXIMIZE AVAILABILITY OF NYHIP PURCHASING OPTIONS THROUGHOUT THE STATE. (B) THE OFFICE SHALL ENSURE SNAP BENEFICIARIES AND LOCALLY GROWN FRESH FOOD SUBSCRIPTION SERVICES, SUCH AS COMMUNITY SUPPORTED AGRICULTURE PARTNERSHIPS, ARE HELD HARMLESS UNDER SITUATIONS IN WHICH SNAP BENEFICI- ARIES LOSE BENEFITS DURING THEIR SUBSCRIPTION CONTRACT. THE OFFICE SHALL HONOR THE ENTIRETY OF THE SUBSCRIPTION SERVICE CONTRACT AT THE EXPENSE OF THE STATE. (C) WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THE OFFICE SHALL APPLY FOR A WAIVER OR ANY OTHER NECESSARY MEASURE TO THE USDA TO AUTOMATE THE USE OF SNAP IN THE STATE TO STREAM- LINE NYHIP AND INCREASE ACCESS TO LOCALLY GROWN CSA SUBSCRIPTIONS. (D) FOR THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY SUPPORTED AGRI- CULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN A SYSTEM THAT CONNECTS FARMERS AND CONSUMERS BY ALLOWING THE CONSUMER TO INVEST IN FARMERS BY SUBSCRIB- ING TO A HARVEST OF A CERTAIN FARM OR GROUP OF FARMS, USUALLY DONE BY CROP SEASON BUT MAY BE YEAR ROUND. § 2. This act shall take effect immediately. SUBPART C Section 1. The social services law is amended by adding a new section 95-c to read as follows: § 95-C. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP) OUTREACH PROGRAM. 1. IN ACCORDANCE WITH FEDERAL REQUIREMENTS AND TO THE EXTENT THAT FEDERAL MATCHING FUNDS ARE AVAILABLE, THE OFFICE SHALL DEVELOP AND IMPLEMENT AN OUTREACH PLAN TO INFORM LOW-INCOME HOUSEHOLDS POTENTIALLY ELIGIBLE TO RECEIVE FOOD STAMPS AND PARTICIPATE IN NYHIP TO ENCOURAGE THE PARTICIPATION OF ELIGIBLE HOUSEHOLDS THAT WISH TO PARTICIPATE. 2. IN DEVELOPING AND IMPLEMENTING SUCH A PLAN THE OFFICE IS AUTHORIZED AND EMPOWERED, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET AND PROVIDED THAT FEDERAL AID IS AVAILABLE THEREFOR, TO ENTER INTO CONTRAC- TUAL AGREEMENTS WITH PUBLIC AND/OR PRIVATE ORGANIZATIONS TO DEVELOP AND IMPLEMENT LOCAL, REGIONAL, AND STATEWIDE OUTREACH PROGRAMS. 3. EACH COMMISSIONER OF SOCIAL SERVICES SHALL DEVELOP AND SUBMIT TO THE OFFICE ON AN ANNUAL BASIS FOR ITS APPROVAL, A LOCAL OUTREACH PLAN GOVERNING THE USE OF LOCAL SOCIAL SERVICES PERSONNEL AND SERVICES PROVIDED BY FEDERALLY FUNDED AND OTHER AGENCIES AND ORGANIZATIONS TO INFORM POTENTIALLY ELIGIBLE HOUSEHOLDS OF THE AVAILABILITY AND BENEFITS OF NYHIP AND TO ENCOURAGE AND FACILITATE THE PARTICIPATION OF ELIGIBLE HOUSEHOLDS. THE OFFICE SHALL PROVIDE COMMISSIONERS OF SOCIAL SERVICES WITH TECHNICAL ASSISTANCE AS NEEDED TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION. 4. AS PART OF EACH LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS SHALL TAKE ALL STEPS NECESSARY TO MAINTAIN A SUPPLY OF INFORMATION LEAF- LETS IN PUBLIC BUILDINGS, INCLUDING BUT NOT LIMITED TO LOCAL UNEMPLOY- MENT INSURANCE AND EMPLOYMENT SERVICES OFFICES OF THE DEPARTMENT OF LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION OR CONTROL OF THE DEPARTMENT OF HEALTH, FOOD STORES, UNION HALLS, COMMUNITY CENTERS, ENTITIES PARTICIPATING IN NYHIP, AND LOCAL AGENCIES PROVIDING SERVICES TO THE ELDERLY TO HELP ENSURE THAT ELIGIBLE PERSONS ARE INFORMED OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND NYHIP. ADDITIONALLY, AS PART OF THE LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS SHALL ENSURE S. 8306--B 100 THAT EVERY NEW SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM APPLICANT RECEIVES INFORMATION ON NYHIP UPON SUBMISSION OF AN APPLICATION AND SHALL PROVIDE SUCH INFORMATION IN THE HOME LANGUAGE OF THE APPLICANT PURSUANT TO ANY FEDERAL AND STATE LAWS, RULES AND REGULATIONS. 5. THE OFFICE SHALL PERIODICALLY DISTRIBUTE TO ALL NEWSPAPERS, AND TO TELEVISION AND RADIO STATIONS THROUGHOUT THE STATE, PUBLIC SERVICE ANNOUNCEMENTS DESCRIBING NYHIP, INCLUDING THE NYHIP INTERACTIVE MAP AND WEBSITE, AND SHALL PROMPTLY INFORM SUCH MEDIA OF SIGNIFICANT CHANGES IN THE PROGRAM AFFECTING ELIGIBILITY REQUIREMENTS AND/OR THE AMOUNT OF NYHIP EARNINGS. 6. THE OFFICE SHALL ESTABLISH PROCEDURES IN COOPERATION WITH THE INDUSTRIAL COMMISSIONER OF THE DEPARTMENT OF LABOR TO ENSURE THAT INFOR- MATIONAL LEAFLETS ABOUT NYHIP ARE SENT TO EACH LOCAL EMPLOYMENT SERVICES OFFICE FOR DISTRIBUTION PURSUANT TO SECTION FIVE HUNDRED FORTY OF THE LABOR LAW. EACH LEAFLET SHALL INCLUDE, BUT NOT BE LIMITED TO: THE PHONE NUMBER FOR THE NEW YORK STATE FOOD STAMP HOTLINE; HOW TO ACCESS THE NYHIP WEBSITE AND INTERACTIVE MAP; HOW SNAP BENEFICIARIES EARN NYHIP BENEFITS BUYING LOCAL HEALTHY FOODS; ESTIMATED MAXIMUM INCOME ELIGIBIL- ITY LEVELS BY HOUSEHOLD SIZE FOR PARTICIPATION IN SNAP; AND THE AVAIL- ABILITY OF LOCAL SOCIAL SERVICES DEPARTMENTS TO PROVIDE ADDITIONAL INFORMATION ABOUT NYHIP. 7. IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, THE OFFICE SHALL MAKE AVAILABLE APPROPRIATE TRANSLATED MATERIALS SO THAT POTENTIALLY ELIGIBLE NON-ENGLISH SPEAKING INDIVIDUALS MAY BE INFORMED ABOUT NYHIP. 8. THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS AND TAKE ALL OTHER ACTIONS NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THIS SECTION. § 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART BB 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 CC S. 8306--B 101 Section 1. Subdivision 14 of section 131-a of the social services law, as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is amended to read as follows: 14. In determining the [need for] AMOUNT OF aid provided pursuant to public assistance programs, each person living with medically diagnosed HIV infection [as defined by the AIDS institute of the department of health in social services districts with a population over five million] who APPLIES FOR OR is receiving [services through such district's admin- istrative unit providing HIV/AIDS services,] public assistance and HAS earned and/or unearned income, UP TO TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES, shall not be required to pay more than thirty percent of his or her monthly earned and/or unearned income toward the cost of rent that such person has a direct obligation to pay; this provision shall not apply to THE AMOUNT OF PAYMENT OBLIGATIONS FOR room and board arrangements ATTRIBUTABLE TO THE PROVISION OF GOODS AND SERVICES OTHER THAN LIVING SPACE. § 2. Subdivision 15 of section 131-a of the social services law is REPEALED and a new subdivision 15 is added to read as follows: 15. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY OTHER LAW OR REGULATION TO THE CONTRARY, IN DETERMINING THE AMOUNT OF AID PROVIDED PURSUANT TO PUBLIC ASSISTANCE PROGRAMS, SOCIAL SERVICE DISTRICTS SHALL, UPON APPLICATION, PROVIDE ACCESS TO EMERGENCY SHELTER, TRANSPORTATION, OR NUTRITION PAYMENTS WHICH THE DISTRICT DETERMINES ARE NECESSARY TO ESTABLISH OR MAINTAIN INDEPENDENT LIVING ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUS- ING IS AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT EXCEEDING AN AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. § 3. Section 131 of the social services law is amended by adding two new subdivisions 21 and 22 to read as follows: 21. WHEN NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT SHALL ASSIST PERSONS WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO SECURE THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II) ARRANGING FOR REQUIRED FACE-TO-FACE INTERVIEWS TO BE CONDUCTED DURING HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS FOR SERVICES AS WELL AS OTHER RESOURCES AND MATERIALS AS DESCRIBED IN SUBDIVISION TWENTY-TWO OF THIS SECTION. 22. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL CREATE, MAINTAIN, AND PERIODICALLY UPDATE INFORMATION ON THE OFFICE'S WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING THE LOCATION OF SUCH SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, COMMUNITY BASED SUPPORTS, EMPLOYMENT OPPORTUNITIES, AND MEDICAL PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG- NOSED HIV INFECTION TO BE UTILIZED BY THE LOCAL SOCIAL SERVICES DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S WEBSITE. § 4. Paragraphs f and (g) of subdivision 1 of section 153 of the social services law, paragraph f as amended by chapter 81 of the laws of 1995 and paragraph (g) as amended by chapter 471 of the laws of 1980, are amended and a new paragraph h is added to read as follows: f. the full amount expended by any district, city, town or Indian tribe for the costs, including the costs of administration of public assistance and care to eligible needy Indians and members of their fami- S. 8306--B 102 lies residing on any Indian reservation in this state, after first deducting therefrom any federal funds properly received or to be received on account thereof[.]; [(g)] G. fifty per centum of the amount expended for substance abuse services pursuant to this chapter, after first deducting therefrom any federal funds properly received or to be received on account thereof. In the event funds appropriated for such services are insufficient to provide full reimbursement of the total of the amounts claimed by all social services districts pursuant to this section then reimbursement shall be in such proportion as each claim bears to such total[.]; AND H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED PER CENTUM OF SAFETY NET OR FAMILY ASSISTANCE EXPENDITURES, IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION OR FEWER, FOR HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT EXCEEDING AN AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL- OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT DETERMINES ARE NECESSARY TO ESTABLISH OR MAINTAIN INDEPENDENT LIVING ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION AND WHO ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF. § 5. This act shall take effect on the ninetieth day after it shall have become a law. PART DD Section 1. Section 410-x of the social services law is amended by adding a new subdivision 10 to read as follows: 10. A SOCIAL SERVICES DISTRICT SHALL PROVIDE CHILD CARE ASSISTANCE FUNDED UNDER THE BLOCK GRANT FOR ADDITIONAL OR DIFFERENT HOURS THAN A PARENT OR CARETAKER SPENDS IN WORK, TRAINING, EDUCATIONAL ACTIVITIES OR OTHER REASONS FOR CARE DESIGNATED BY THE SOCIAL SERVICES DISTRICT IN ITS CONSOLIDATED SERVICES PLAN IN ACCORDANCE WITH PARAGRAPH (E) OF SUBDIVI- SION ONE OF SECTION FOUR HUNDRED TEN-W OF THIS TITLE, INCLUDING, BUT NOT LIMITED TO, PAYING FOR FULL-TIME CHILD CARE ASSISTANCE REGARDLESS OF THE HOURS OF THE ACTIVITY OF THE PARENT'S OR CARETAKER'S REASON FOR CARE. § 2. Section 410-w of the social services law is amended by adding a new subdivision 1-a to read as follows: 1-A. FOR ALL FAMILIES ELIGIBLE FOR CHILD CARE ASSISTANCE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A SOCIAL SERVICES DISTRICT SHALL NOT LIMIT AUTHORIZED CHILD CARE SERVICES STRICTLY BASED ON THE HOURS DURING WHICH THE PARENT OR CARETAKER IS ENGAGED IN WORK, EDUCATION OR OTHER ACTIVITY OR THE NUMBER OF HOURS THE PARENT OR CARETAKER IS ENGAGED IN ANY SUCH REASONS FOR CARE. § 3. This act shall take effect on the thirtieth day after it shall have become a law. PART EE 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 S. 8306--B 103 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, 2026. 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 such commissioner's designee; the commissioner of health or such commissioner's designee; the commissioner of taxation and finance or such commissioner's designee; the commissioner of the depart- ment of labor or such commissioner's designee; the commissioner of the office of children and family services or such commissioner's 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 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, S. 8306--B 104 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, 2026, and a final report of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than September 1, 2026 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 FF Section 1. Section 410-x of the social services law is amended by adding a new subdivision 10 to read as follows: 10. A SOCIAL SERVICES DISTRICT SHALL ESTABLISH DIFFERENTIAL PAYMENT RATES FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED OR ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION. (A) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN EXPERIENCING HOMELESSNESS. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE NO LESS THAN TEN PERCENT HIGHER BUT NO GREATER THAN FIFTEEN PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RELATED PAYMENT RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER IS LESS. (B) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED, OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD DURING NONTRADITIONAL HOURS. NONTRADITIONAL HOURS SHALL MEAN CARE PROVIDED IN THE EVENING, NIGHT OR ON THE WEEKEND. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE NO LESS THAN TEN PERCENT HIGHER BUT NO GREATER THAN FIFTEEN PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RE- LATED PAYMENT RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER IS LESS. (C) LOCAL SOCIAL SERVICES DISTRICTS MAY ESTABLISH DIFFERENTIAL PAYMENT RATES THAT ARE HIGHER THAN THE ACTUAL COST OF CARE OR APPLICABLE MARKET RATE FOR CHILD CARE SERVICES PROVIDED IN ANY OTHER SITUATION THEY DEEM APPROPRIATE TO INCENTIVIZE LICENSED, REGISTERED OR ENROLLED CHILD CARE PROVIDERS TO SERVE ELIGIBLE FAMILIES IN NEED OF CARE. § 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. S. 8306--B 105 PART GG Section 1. The education law is amended by adding a new article 13-D to read as follows: ARTICLE 13-D TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL ENROLLMENT COURSEWORK SECTION 645. TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL OR CONCURRENT ENROLLMENT COURSEWORK. § 645. TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL OR CONCURRENT ENROLLMENT COURSEWORK. 1. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES IT NECESSARY TO PROMOTE ON TIME AND EARLY GRADUATION THROUGH SUPPORTING ACCESS TO COLLEGE-LEVEL COURSES AND COLLEGE DEGREE CREDITS AT THE SECONDARY LEVEL WITH INNOVATIVE PARTNERSHIPS AMONG SECONDARY AND POST-SECONDARY SCHOOLS, STAFF AND RESOURCES. THE LEGISLA- TURE ALSO VALUES EARLY COLLEGE HIGH SCHOOL PROGRAMS, P-TECH PROGRAMS, AND OTHER DUAL OR CONCURRENT ENROLLMENT PROGRAMS WHICH NOT ONLY INCREASE STUDENTS' ACCESS TO HIGHER EDUCATION, BUT ALSO REDUCE POTENTIAL COSTS FOR STUDENTS IN COMPLETING COLLEGE DEGREES BY ALLOWING THEM TO EITHER COMPLETE A DEGREE UPON GRADUATION FROM HIGH SCHOOL OR TO APPLY THEIR EARNED COLLEGE CREDITS TOWARD A BACCALAUREATE DEGREE. THIS LEGISLATION PROVIDES INCENTIVES FOR HIGH SCHOOL STUDENTS TO PROCEED TO COLLEGE AND TO EARN A COLLEGE DEGREE BY ACCELERATING THEIR OVERALL COMPLETION OF SUCH A DEGREE. IT ALSO BETTER PREPARES HIGH SCHOOL STUDENTS FOR COLLEGE-LEVEL COURSEWORK, WHICH WILL IN TURN, INCREASE THEIR ACADEMIC PERFORMANCE. ULTIMATELY, DUAL OR CONCURRENT ENROLLMENT PROGRAMS INCREASE GRADUATION RATES BOTH AT THE HIGH SCHOOL AND COLLEGE LEVELS. THE LEGISLATURE HEREBY FINDS AND DECLARES IT NECESSARY TO PROVIDE FUNDING FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS TO ENSURE ACCESS TO HIGH QUALITY PROGRAMMING THAT CONTINUES TO INNOVATE AND CONTINUES TO GROW THROUGH PERFORMANCE BASED RESULTS. STUDENTS WILL REQUIRE LESS TUITION ASSISTANCE FUNDS (TAP) TO COMPLETE THEIR DEGREE AT THE POST-SEC- ONDARY LEVEL AND POTENTIALLY AVOID NEW DEBT. 2. ESTABLISHMENT OF DUAL OR CONCURRENT ENROLLMENT TUITION ASSISTANCE PROGRAM AWARDS. NOTWITHSTANDING ANY RULE, REGULATION, OR LAW TO THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO AWARD DUAL OR CONCURRENT ENROLLMENT PROGRAM AWARDS FOR PAYMENT ANNUALLY, BEGINNING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND IN EACH ACADEMIC YEAR THEREAFTER, THROUGH THE DEPARTMENT, TO SCHOOL DISTRICTS IN WHICH DUAL OR CONCURRENT ENROLLMENT PROGRAMS ARE LOCATED, UPON APPLICATION BY SUCH SCHOOL DISTRICTS, AND IN SUCH AMOUNTS AS ARE AUTHORIZED TO BE PAID BY SUBDIVISION FIVE OF THIS SECTION. 3. DEFINITIONS. FOR PURPOSES OF THIS SECTION: A. "DUAL OR CONCURRENT ENROLLMENT PROGRAM" MEANS A PROGRAM OF STUDY THAT PROVIDES POST-SECONDARY COURSEWORK OUTSIDE OF A POST-SECONDARY SETTING FOR ELIGIBLE STUDENTS ENROLLED IN PROGRAMS WITH HIGH SCHOOL COURSES LEADING TO THE GRANTING OF A HIGH SCHOOL DIPLOMA AND COLLEGE- LEVEL CREDIT LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, DIPLOMA OR CERTIFICATE AT A POST-SECONDARY INSTITUTION. SUCH DUAL OR CONCURRENT ENROLLMENT PROGRAM SHALL HAVE A WRITTEN AGREEMENT BETWEEN THE PARTIC- IPATING HIGH SCHOOL AND AN INSTITUTION OF HIGHER EDUCATION LOCATED WITH- IN NEW YORK STATE OUTLINING POLICIES FOR THE ACADEMIC PROGRAM INCLUDING, BUT NOT LIMITED TO, THE TYPE OF DEGREE AND CREDITS AWARDED. B. "ELIGIBLE STUDENT" MEANS A STUDENT WHO: S. 8306--B 106 (I) HAS GRADUATED FROM A DUAL OR CONCURRENT ENROLLMENT PROGRAM IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC YEAR OR THEREAFTER; (II) IS MATRICULATED IN AN APPROVED PROGRAM LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE AT A POST-SECONDARY INSTITUTION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM; (III) MEETS THE ELIGIBILITY CRITERIA FOR A GENERAL AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE; (IV) IS ELIGIBLE FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE; AND (V) HAS RECEIVED DEGREE GRANTING CREDIT FROM A POST-SECONDARY INSTITU- TION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM FOR THE COURSEWORK UNDERTAKEN IN THE APPROVED DUAL OR CONCURRENT ENROLLMENT PROGRAM. 4. PART-TIME STUDY. A STUDENT WHO OTHERWISE SATISFIES THE ELIGIBILITY REQUIREMENTS SET FORTH IN PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION AND IS ENROLLED AT LEAST HALF-TIME AT A POST-SECONDARY INSTITU- TION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM, SHALL ALSO BE DEEMED AN ELIGIBLE STUDENT. 5. AMOUNT. THE COMMISSIONER SHALL MAKE AN AWARD TO THE SCHOOL DISTRICT IN WHICH THE DUAL OR CONCURRENT ENROLLMENT PROGRAM IS LOCATED FOR EACH ELIGIBLE STUDENT IN AN AMOUNT CERTIFIED BY THE PRESIDENT. § 2. The education law is amended by adding a new section 669-i to read as follows: § 669-I. DUAL OR CONCURRENT ENROLLMENT AWARD PROGRAM. 1. CERTIF- ICATION. FOR EACH STUDENT IDENTIFIED BY THE POST-SECONDARY INSTITUTION, WHICH SHALL BE ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM, SHALL CERTIFY TO THE PRESIDENT: (I) WHETHER SUCH STUDENT IS ELIGIBLE FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART; (II) WHETHER SUCH STUDENT MEETS THE ELIGIBILITY CRITERIA FOR A GENERAL AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-ONE OF THIS PART; (III) WHETHER SUCH STUDENT SATISFIES THE REQUIREMENT SET FORTH IN SUBDIVISION FOUR OF SECTION SIX HUNDRED FORTY- FIVE OF THIS TITLE; (IV) THE NUMBER OF DEGREE GRANTING CREDITS SUCH STUDENT RECEIVED FROM THE POST-SECONDARY INSTITUTION FOR THE COURSEWORK UNDERTAKEN IN THE DUAL OR CONCURRENT ENROLLMENT PROGRAM; AND (V) SUCH OTHER INFORMATION AS THE COMMISSIONER AND/OR THE PRESIDENT DEEM NECES- SARY TO ADMINISTER THE PROGRAM. THE PRESIDENT SHALL CERTIFY THIS INFOR- MATION AND THE AMOUNT OF THE AWARD CALCULATED IN ACCORDANCE WITH SUBDI- VISION TWO OF THIS SECTION TO THE COMMISSIONER. 2. CALCULATION OF AWARD AMOUNTS. THE PRESIDENT SHALL BE RESPONSIBLE FOR CALCULATING THE DOLLAR AMOUNT OF EACH AWARD IN AN AMOUNT EQUAL TO THE PRODUCT OF: THE NUMBER OF DEGREE GRANTING CREDITS ACCEPTED BY THE ELIGIBLE STUDENT'S POST-SECONDARY INSTITUTION FOR COURSEWORK UNDERTAKEN IN THE DUAL OR CONCURRENT ENROLLMENT PROGRAM FOR SUCH ELIGIBLE STUDENT AND THE DOLLAR AMOUNT ESTABLISHED FOR ONE CREDIT FOR SUCH ELIGIBLE STUDENT. FOR AN ELIGIBLE STUDENT ENROLLED FULL-TIME AT A POST-SECONDARY INSTITUTION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM, THE DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED AS THE QUOTIENT OF: THE ELIGIBLE STUDENT'S TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART; AND THE MINIMUM NUMBER OF CREDITS REQUIRED FOR FULL-TIME STUDY AS DEFINED BY THE COMMISSIONER. FOR AN ELIGIBLE STUDENT ENROLLED PART-TIME AT A POST-SECONDARY INSTITU- TION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM, THE DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED AS THE QUOTIENT OF: THE AVERAGE TUITION ASSISTANCE PROGRAM AWARD PAID TO ALL PART-TIME S. 8306--B 107 TUITION ASSISTANCE PROGRAM RECIPIENTS, PURSUANT TO SECTION SIX HUNDRED SIXTY-SIX OF THIS SUBPART, FROM THE ACADEMIC YEAR TWO YEARS PRIOR TO THE ACADEMIC YEAR IN WHICH THE AWARD IS TO BE MADE; AND THE AVERAGE NUMBER OF CREDITS TAKEN BY SUCH RECIPIENTS. 3. AWARD DISBURSEMENT. ANNUAL AWARD DISBURSEMENTS SHALL BE THE RESPON- SIBILITY OF THE COMMISSIONER THROUGH A JOINT AGREEMENT WITH THE PRESI- DENT AND SHALL BE MADE DIRECTLY TO THE SCHOOL DISTRICT IN WHICH THE DUAL OR CONCURRENT ENROLLMENT PROGRAM IS LOCATED USING FUNDS APPROPRIATED TO THE TUITION ASSISTANCE PROGRAM. § 3. This act shall take effect on the first of July 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 implementation of this act on its effective date are authorized to be made and completed on or before such date. PART HH Section 1. The public housing law is amended by adding a new article 14-A to read as follows: ARTICLE 14-A HOUSING ACCESS VOUCHER PROGRAM SECTION 605. LEGISLATIVE FINDINGS. 606. DEFINITIONS. 607. HOUSING ACCESS VOUCHER PROGRAM. 608. ELIGIBILITY. 609. FUNDING ALLOCATION AND DISTRIBUTION. 610. PAYMENT OF HOUSING VOUCHERS. 611. LEASES AND TENANCY. 612. RENTAL OBLIGATION. 613. MONTHLY ASSISTANCE PAYMENT. 614. INSPECTION OF UNITS. 615. RENT. 616. VACATED UNITS. 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. 618. VERIFICATION OF INCOME. 619. DIVISION OF AN ASSISTED FAMILY. 620. MAINTENANCE OF EFFORT. 621. VOUCHERS STATEWIDE. 622. APPLICABLE CODES. 623. HOUSING CHOICE. § 605. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST OF HOUS- ING, AND TO AID INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 606. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD- ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER- ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS S. 8306--B 108 (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN- MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION AND LACKING A REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS UNDER 42 U.S.C. § 11302(A); HAVING EXPERIENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUSING OR HAVING EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE- THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER. 2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT- ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO A COURT ORDER TO VACATE THE PREMISES DUE TO HAZARDOUS CONDITIONS, WHICH MAY INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF HOUSING OR HOME- LESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR FLEEING OR ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREATENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY. 3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI- TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE. 4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY THAT ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8 OF THE UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION. 5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8 LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS VOUCHER PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION. IN THE CITY OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE NEW YORK CITY HOUSING AUTHORITY, OR BOTH. S. 8306--B 109 6. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR ANY REMAINING MEMBERS OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY. 7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER- ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY, HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS. 8. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE PERSONS. 9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND ANY AMENDMENTS THERETO. 10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.611 AND ANY AMENDMENTS THERETO. 11. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR COMPARABLE UNASSISTED UNITS IN THE PREMISES. 12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F. 13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO- RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE PROGRAM. 14. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. 15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS: (A) UNDER THE AGE OF EIGHTEEN; (B) A PERSON WITH A DISABILITY; OR (C) A FULL-TIME STUDENT. 16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER. 17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL- DREN UNDER THE AGE OF THIRTEEN. 18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE UNITED STATES CENSUS BUREAU. 19. "DISABILITY" MEANS: (A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS; OR (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY- FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE S. 8306--B 110 TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH: (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION; (II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY; AND (III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE SUITABLE HOUSING CONDITIONS; OR (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF AN INDIVIDUAL THAT: (I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION OF MENTAL AND PHYSICAL IMPAIRMENTS; (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO; (III) IS LIKELY TO CONTINUE INDEFINITELY; (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY: (A) SELF-CARE; (B) RECEPTIVE AND EXPRESSIVE LANGUAGE; (C) LEARNING; (D) MOBILITY; (E) SELF-DIRECTION; (F) CAPACITY FOR INDEPENDENT LIVING; OR (G) ECONOMIC SELF-SUFFICIENCY; AND (V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED. § 607. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI- VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI- CLE. THE COMMISSIONER SHALL DESIGNATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVID- UALS AND FAMILIES AND TO ADMINISTER OTHER ASPECTS OF THE PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 608. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS PROGRAM. INDIVIDUALS AND FAMILIES WHO MEET THE STANDARDS SHALL BE ELIGIBLE REGARDLESS OF IMMIGRATION STATUS. ELIGIBILITY SHALL BE LIMITED TO INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION FROM A SOCIAL SERVICES PROVIDER SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT NOT LIMITED TO, HOMELESS SHELTERS TO DETERMINE WHETHER AN APPLICANT QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY. 1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME, AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S OR FAMILY'S S. 8306--B 111 ADJUSTED INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE DWELLING UNIT. 3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE. 4. INCOME ELIGIBILITY SHALL BE VERIFIED PRIOR TO A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR'S INITIAL DETERMINATION TO PROVIDE RENTAL ASSISTANCE FOR THIS PROGRAM AND UPON DETERMINATION OF SUCH ELIGIBILITY, AN INDIVIDUAL OR FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR THE PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH RENTAL ASSISTANCE. 5. THE COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS- ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR THE PURPOSE OF DETERMINING AN INDIVIDUAL'S OR FAMILY'S INITIAL AND CONTINUED ELIGIBILITY FOR THE PROGRAM. 6. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY. § 609. FUNDING ALLOCATION AND DISTRIBUTION. 1. SUBJECT TO APPROPRI- ATION, FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER IN EACH COUNTY EXCEPT FOR THOSE COUNTIES LOCATED WITHIN THE CITY OF NEW YORK, THE INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. FUNDING FOR COUN- TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY TO THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE, IN PROPOR- TION TO THE NUMBER OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE REST OF THE STATE OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. 2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW YORK AMONG HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR IN THE CITY OF NEW YORK. 3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS- SIONER SHALL HAVE THE DISCRETION TO ESTABLISH FURTHER PRIORITIES AS APPROPRIATE. 4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS- SIONER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS- TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH- ER PROGRAM. § 610. PAYMENT OF HOUSING VOUCHERS. 1. THE HOUSING VOUCHER SHALL BE PAID DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRI- ATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT CONTRACT AND THE METHOD OF PAYMENT. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE PAYMENT STANDARD SHALL NOT EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED. FAIR MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH S. 8306--B 112 IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER- AL REGULATIONS. FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL. 2. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR OCCUPANCY OF A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH DWELL- ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING. § 611. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND THE OWNER OF A DWELLING UNIT SHALL PROVIDE: 1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN THE TENANT AND THE DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR DETERMINES THAT SUCH SHORTER TERM WOULD IMPROVE HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID- ERED TO BE A PREVAILING LOCAL MARKET PRACTICE; 2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED UNDER THIS ARTICLE THAT: (A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT OWNER; AND (B) CONTAIN TERMS AND CONDITIONS THAT: (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED UNDER THIS ARTICLE; (C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO, THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT OWED, AND IN THE CASE OF AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER: (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND (II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF SUCH NOTICE; (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW; 3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT TO THIS ARTICLE; 4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE. S. 8306--B 113 § 612. RENTAL OBLIGATION. THE MONTHLY RENTAL OBLIGATION FOR AN INDI- VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUSING ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF: 1. THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR INDIVIDUAL; OR 2. IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF- ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI- LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY. § 613. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI- CLE. 2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENT OF THE RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE COMMISSIONER. THE COMMISSIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET RENT. 3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE FAIR MARKET RENT WAS REDUCED. § 614. INSPECTION OF UNITS. INSPECTION OF UNITS SHALL BE CONDUCTED PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF TITLE 24 OF THE CODE OF FEDERAL REGULATIONS. § 615. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET. 2. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY, AT THE REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI- CLE, ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDER- ATION BY THE INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER THE RENT (OR RENT INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT. S. 8306--B 114 3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS. 4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE. § 616. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED. § 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN- ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS ARTICLE LEASES A DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING UNIT) THAT IS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL OR FAMILY UNDER THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF GENERAL LOCAL GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER, TO MAKE INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF THIS ARTICLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED FIFTEEN OF THIS ARTICLE. THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE RESPONSIBLE FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS, SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE. 2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT TO A DWELLING UNIT, THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA- TOR, BY AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR, OR BY A LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH ADMINIS- TRATOR (OR AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL- ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS- TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN ENTITY WHICH OWNS THE UNIT. § 618. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE- DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI- LIES TO PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPEN- SATION AND FEDERAL INCOME TAXATION AND DATA RELATING TO BENEFITS MADE AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE UNITED STATES CODE. ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE OF VERIFYING INCOMES IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS S. 8306--B 115 AND FAMILIES FOR BENEFITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY) UNDER THIS ARTICLE. § 619. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE DIVISION OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT AGREE AS TO WHICH SUCH INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE ASSISTED: (A) WHICH OF SUCH INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT CHILDREN; (B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION; (C) THE COMPOSITION OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS; (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF SUCH FAMILY; (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND (F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS. 2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR WILL TERMINATE ASSISTANCE ON THE BASIS OF FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION. § 620. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT LOSS OF HOUSING. § 621. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN FINDING HOUSING IN THE AREA OF THEIR CHOICE. PROVIDED FURTHER, HOWEVER, THAT A VOUCHER MUST BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN THE CITY OF NEW YORK, FOR NO LESS THAN ONE YEAR BEFORE IT CAN BE USED IN A DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER THEREOF, IS OR HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. § 622. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE HOUSING ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES. § 623. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOUS- ING ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM. S. 8306--B 116 2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE JURISDICTION. § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule, regulation, plan or guidance document necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date; provided further that any rule, regulation, plan or guidance document shall apply only to those counties located outside of the city of New York. The New York city department of housing preservation and development and the New York city housing authority, as applicable, shall promulgate or release rules, regulations, plans or guidance documents as necessary for the implementation of this act within the city of New York. PART II Section 1. Paragraph a of subdivision 1 of section 667-c of the educa- tion law, as amended by section 1 of part E of chapter 56 of the laws of 2022, is amended to read as follows: a. part-time students enrolled at [the state university, a community college, the city university of New York, and a non-profit college or university incorporated by the regents or by the legislature] DEGREE GRANTING INSTITUTIONS CHARTERED OR AUTHORIZED BY THE NEW YORK STATE BOARD OR REGENTS who meet all requirements for tuition assistance program awards except for the students' part-time attendance; or § 2. This act shall take effect immediately. PART JJ Section 1. Section 370 of the education law is amended by adding a new subdivision 6-a to read as follows: 6-A. "LARGE-SCALE CONSTRUCTION PROJECT" SHALL MEAN ANY PROJECT FOR WHICH THE TOTAL ESTIMATED COST OF THE CONTRACT OR CONTRACTS IS THREE MILLION DOLLARS THAT IS: (A) A PROJECT PERFORMED UNDER THE APPROVED MASTER PLAN OF THE STATE UNIVERSITY SUBMITTED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED FIFTY-FIVE OF THIS CHAPTER; OR (B) WHICH INVOLVES THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES, WITH RESPECT TO UNIVERSITY-RELATED ECONOMIC DEVELOP- MENT PROJECTS AUTHORIZED BY LAW PURSUANT TO SECTION THREE HUNDRED SEVEN- TY-TWO-A OF THIS ARTICLE. § 2. Section 376 of the education law is amended by adding a new subdivision 11 to read as follows: 11. (A) EACH CONTRACT INVOLVING THE AWARDING OF A LARGE-SCALE CONSTRUCTION PROJECT SHALL REQUIRE THE USE OF A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, FOR ALL CONTRACTORS AND SUBCONTRACTORS ON THE PROJECT, CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW. (B) FOR ANY PROJECT WHICH DOES NOT UTILIZE A PROJECT LABOR AGREEMENT PURSUANT TO PARAGRAPH (A) OF THIS SECTION, THE FUND SHALL PROVIDE A SPECIFIC WRITTEN EXPLANATION OF WHY A PROJECT LABOR AGREEMENT WOULD NOT BE CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, OR STATE COMPETITIVE BIDDING LAWS, S. 8306--B 117 AND WHY A PROJECT LABOR AGREEMENT ON THE PROJECT WOULD OTHERWISE BE INCONSISTENT WITH STATUTES, RULES, OR REGULATIONS APPLICABLE TO THE FUND. SUCH EXPLANATION SHALL BE GRANTED FOR A PARTICULAR PROJECT CONTRACT BY THE SOLICITATION DATE. (C) AN AGENCY MAY REQUIRE THE USE OF A PROJECT LABOR AGREEMENT ON CONSTRUCTION PROJECTS WHERE THE TOTAL COST TO THE FUND IS LESS THAN THAT FOR A LARGE-SCALE CONSTRUCTION PROJECT, IF CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW. § 3. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all contracts entered into, renewed, modified or amended on or after such date. PART KK Section 1. The executive law is amended by adding a new article 49-C to read as follows: ARTICLE 49-C COMMISSION FOR THE MODERNIZATION AND REVITALIZATION OF DOWNSTATE MEDICAL CENTER SECTION 996. COMMISSION FOR THE MODERNIZATION AND REVITALIZATION OF DOWNSTATE MEDICAL CENTER. § 996. COMMISSION FOR THE MODERNIZATION AND REVITALIZATION OF DOWN- STATE MEDICAL CENTER. 1. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE STATE UNIVERSITY DOWNSTATE MEDICAL CENTER ("DOWNSTATE") AS ESTABLISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-TWO OF THE EDUCATION LAW, IS A VITAL COMPONENT OF OUR STATE'S HEALTH CARE SYSTEM. AS ONE OF THREE STATE HOSPITALS AND THE ONLY STATE HOSPITAL IN THE CITY OF NEW YORK, IT IS INCUMBENT UPON THE STATE TO ENSURE THAT THIS HOSPITAL REMAINS FISCALLY VIABLE TO CONTINUE TO PROVIDE THE HEALTH CARE SERVICES THAT THE RESIDENTS OF CENTRAL BROOKLYN DESERVE AND DEPEND ON. THE STATE UNIVERSITY DOWNSTATE MEDICAL CENTER IS ONE OF THE STATE'S LARGEST SAFETY-NET HOSPITALS, WHICH CARES FOR ALL PATIENTS, REGARDLESS OF THEIR ABILITY TO PAY. IT PREDOMINANTLY SERVES PEOPLE OF COLOR, LOW INCOME, UNINSURED, UNDERINSURED, UNDOCUMENTED AND AT-RISK INDIVIDUALS WHO HAVE LIMITED ACCESS TO AFFORDABLE HEALTH CARE AND WHO ARE MORE PRONE TO SUFFER FROM SERIOUS DISEASE AND FACE HIGHER MORBIDITY RATES THAN OTHER PATIENTS ACROSS OUR CITY AND STATE. IN TWO THOUSAND TWENTY-TWO, THE HOSPITAL HAD OVER THREE HUNDRED THOUSAND OUTPATIENT VISITS AND HAS AN AVERAGE OF FOURTEEN THOUSAND INPATIENTS EACH YEAR. IT ALSO PROVIDES SEVEN THOUSAND FOUR HUNDRED FREE HEALTH SCREENINGS A YEAR AND SPONSORS OVER ONE HUNDRED COMMUNITY SERVICE PROJECTS ANNUALLY. PROVIDED FURTHER, DOWNSTATE IS IN THE HEART OF CENTRAL BROOKLYN AND HAS THE LARGEST MEDICAL SCHOOL IN NEW YORK CITY, WHICH OFFERS TRAINING IN FIFTY-SIX SPECIALTIES ACROSS FIVE SCHOOLS AND COLLEGES AND ANNUALLY EDUCATES AND TRAINS NEARLY ONE THOUSAND NINE HUNDRED STUDENTS. THE MEDICAL SCHOOL STUDENT POPULATION IS MADE UP OF NEARLY SIXTY PERCENT STUDENTS OF COLOR, PRODUCES THE MOST PHYSICIANS OF COLOR IN THE STATE OF NEW YORK, AND NEARLY SEVENTY PERCENT OF TWO THOUSAND TWENTY-TWO GRADU- ATES REMAINED IN NEW YORK FOR THEIR RESIDENCY. HAVING A HOSPITAL AFFIL- IATED WITH THE MEDICAL SCHOOL IS BOTH CRITICAL FOR THE TRAINING OF MEDICAL STUDENTS AND IS AN ESSENTIAL PART IN PRODUCING THE NEXT GENER- ATION OF HEALTH CARE PROFESSIONALS, WHICH ARE DESPERATELY NEEDED TO ENHANCE THE ACCESS TO VITAL HEALTH CARE IN OUR COMMUNITIES. THE LEGISLATURE FURTHER FINDS THAT THE ENTIRE BROOKLYN HEALTH CARE DELIVERY SYSTEM REMAINS IN NEED OF A CONTINUED GLOBAL EXAMINATION, ASSESSING THE NEEDS OF EACH OF ITS DIVERSE COMMUNITIES, THE ACCESS TO S. 8306--B 118 HIGH QUALITY OF CARE THROUGHOUT BROOKLYN, THE DEMOGRAPHICS, HEALTH CARE EQUITIES AND DISPARITIES OF EACH COMMUNITY, THE AVAILABILITY OF SPECIAL- TY SERVICES FOR LOW INCOME POPULATIONS, AND THE INTERCONNECTIVITY BETWEEN THE VARIOUS HEALTH CARE SYSTEMS TO ENSURE THE LONG TERM FINAN- CIAL SUSTAINABILITY OF EACH OF THE VARIOUS DELIVERY SYSTEMS IN THE BOROUGH. SUCH FURTHER EXAMINATION CAN BEGIN WITH THE MODERNIZATION AND REVITALIZATION OF DOWNSTATE CONTINUING AS A HOSPITAL OFFERING CRITICAL HOSPITAL SPECIALTY SERVICES FOR THE COMMUNITY, BECOMING A CORE SPECIALTY HOSPITAL CENTER OF EXCELLENCE FOR THOSE CRITICAL SPECIALTY SERVICES, BUT SIMULTANEOUSLY UNDERTAKING AN EXAMINATION OF THE APPROPRIATENESS OF CONVERTING CERTAIN DESIGNATED INPATIENT BEDS THAT ARE NOT UTILIZED FOR THE SPECIALTY HOSPITAL CENTER OF EXCELLENCE (PROVIDING SPECIALTY SERVICES PURSUANT TO SUBDIVISION THREE OF THIS SECTION), TO AN OUTPA- TIENT SETTING, EXPANDING SERVICES TO INCLUDE ACCESS TO PRIMARY CARE THRU CLINICS, URGENT CARE OR OTHER HOSPITAL AFFILIATED MEDICAL PRACTICES. THE LEGISLATURE FURTHER FINDS THAT THE CONTINUED OPERATION OF THE STATE UNIVERSITY DOWNSTATE MEDICAL CENTER AS A FREE-STANDING STATE-OPER- ATED PUBLIC HOSPITAL, STAFFED WITH PUBLIC EMPLOYEES, AT ITS CURRENT LOCATION, WITHIN AND UNDER THE APPOINTING AUTHORITY OF THE STATE UNIVER- SITY OF NEW YORK IN A MODERNIZED AND REVITALIZED FORM, IS VITAL AND NECESSARY, AND THE STATE SHOULD DEVELOP A PLAN TO ENSURE ITS FUTURE SUSTAINABILITY AND SHALL PROVIDE STATE FUNDING AND OTHER RESOURCES NECESSARY TO IMPLEMENT AND EXECUTE SUCH PLAN. SUCH PLAN SHALL BE BASED ON THE RECOMMENDATIONS OF THE COMMISSION FOR THE MODERNIZATION AND REVI- TALIZATION OF DOWNSTATE MEDICAL CENTER. THE COMMISSION FOR THE MODERN- IZATION AND REVITALIZATION OF DOWNSTATE MEDICAL CENTER SHALL EXAMINE THOSE SERVICES THAT ARE NECESSARY TO BE PROVIDED AT DOWNSTATE, ALTERNA- TIVE SERVICES WHICH ARE MORE SUITABLE FOR THE COMMUNITY AND WHICH ARE IN ADDITION TO THE CORE CENTER OF EXCELLENCE SPECIALTY SERVICES WHICH SHALL CONTINUE TO BE OFFERED AT DOWNSTATE. 2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "COMMISSION" SHALL MEAN THE COMMISSION FOR THE MODERNIZATION AND REVITALIZATION OF DOWNSTATE MEDICAL CENTER. (B) "DOWNSTATE" SHALL MEAN THE DOWNSTATE MEDICAL CENTER. (C) "CORE SPECIALTY CENTER OF EXCELLENCE SERVICES" SHALL INCLUDE THE FOLLOWING SERVICES WHICH SHALL CONTINUE TO BE OFFERED IN A HOSPITAL SETTING AT DOWNSTATE, NOTWITHSTANDING THE RECOMMENDATIONS OF THE COMMIS- SION: (I) LEVEL II TRAUMA CARE AND RELATED SERVICES; (II) TRANSPLANT CARE AND RELATED SERVICES; (III) CARDIOLOGY CARE AND RELATED SERVICES; (IV) MATERNITY AND PEDIATRIC CARE FOR LOW INCOME AND ETHNICALLY DIVERSE POPULATIONS; AND (V) EMERGENCY SERVICES. PROVIDED, HOWEVER, THE COMMISSION SHALL BE AUTHORIZED TO EXAMINE THE SIZE, SCOPE AND OTHER APPROPRIATE FEATURES NECESSARY IN PROVIDING EMERGENCY SERVICES AT DOWNSTATE. 3. COMMISSION FOR THE MODERNIZATION AND REVITALIZATION OF DOWNSTATE MEDICAL CENTER. (A) THERE IS HEREBY CREATED WITHIN THE EXECUTIVE DEPART- MENT THE COMMISSION FOR THE MODERNIZATION AND REVITALIZATION OF DOWN- STATE MEDICAL CENTER. (B) THE COMMISSION SHALL EXAMINE THOSE SERVICES THAT SHOULD BE OFFERED AT DOWNSTATE, OR A DOWNSTATE AFFILIATE, WHICH ARE IN ADDITION TO THE CORE SPECIALTY CENTER OF EXCELLENCE SERVICES WHICH SHALL CONTINUE TO BE OFFERED AT DOWNSTATE. IN DETERMINING ITS RECOMMENDATIONS, THE COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS: (I) THE FINANCIAL SUSTAINABILITY S. 8306--B 119 OF DOWNSTATE CONSIDERING MANAGEMENT OPERATIONS, BILLING PRACTICES, CURRENT HEALTH CARE SERVICES AND DELIVERY MODEL; (II) THE PATIENT MIX AND DEMOGRAPHICS, INCLUDING BUT NOT LIMITED TO, THE FINANCIAL CHALLENGES POSED BY THE PROVISION OF SAFETY NET SERVICES TO LOW INCOME, UNINSURED, UNDERINSURED, UNDOCUMENTED AND AT-RISK INDIVIDUALS; (III) THE SERVICES AVAILABLE AND READILY ACCESSIBLE AT OTHER HEALTH CARE SYSTEMS OR PROVID- ERS IN BROOKLYN AND ACCESS TO THOSE SERVICES BY RESIDENTS OF CENTRAL BROOKLYN; (IV) THE HEALTH CARE DISPARITIES IN CENTRAL BROOKLYN; (V) ACCESS TO PRIMARY CARE, OUTPATIENT SERVICES, AND EMERGENCY SERVICES FOR RESIDENTS OF THE DOWNSTATE COMMUNITY AND THE FEASIBILITY OF DOWNSTATE OFFERING EXPANDED SERVICES TO ADDRESS THESE NEEDS; (VI) THOSE SERVICES WHICH ARE NECESSARY FOR THE TRAINING AND EDUCATION OF STUDENTS AND GRAD- UATES OF THE DOWNSTATE MEDICAL SCHOOL; AND (VII) OTHER SERVICES THE COMMISSION DEEMS APPROPRIATE IN MAKING ITS RECOMMENDATIONS. THE COMMIS- SION SHALL ALSO DETERMINE WHAT CAPITAL PROJECT IMPROVEMENTS ARE REQUIRED AT DOWNSTATE TO BOTH MAINTAIN THE CORE SPECIALTY CENTER OF EXCELLENCE SERVICES AND ALSO ENABLE THE HOSPITAL TO ADEQUATELY MEET CURRENT AND FUTURE HEALTH CARE NEEDS OF THE COMMUNITY AS IDENTIFIED BY THE COMMIS- SION. THE COMMISSION SHALL ALSO PROVIDE AN ANALYSIS OF CURRENT EMERGENCY ROOM OPERATIONS, WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PATIENT CARE AND SERVICE CAPACITY AS WELL AS IMPROVEMENTS NEEDED TO ADEQUATELY ADDRESS PATIENT SERVICE DEMANDS AND THE TECHNOLOGY, EQUIPMENT AND CAPITAL INFRASTRUCTURE IMPROVEMENTS THAT ARE REQUIRED TO IMPROVE PATIENT SERVICES AND TO IMPROVE THE FINANCIAL POSITION OF DOWNSTATE. (C) THE COMMISSION SHALL NOT BE AUTHORIZED TO MAKE RECOMMENDATIONS WHICH REDUCE, LIMIT OR ANY IN WAY ALTER THE CORE SPECIALTY CENTER OF EXCELLENCE SERVICES OFFERED IN A HOSPITAL SETTING AT DOWNSTATE. 4. COMMISSION APPOINTMENTS. THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: (A) THE COMMISSIONER OF HEALTH, WHO SHALL SERVE AS THE EX-OFFICIO CHAIR THE COMMISSION; (B) A REPRESENTATIVE OF ORGANIZED LABOR REPRESENTING EMPLOYEES AT THE STATE UNIVERSITY OF NEW YORK PURSU- ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW; (C) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (D) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (E) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; (F) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; (G) TWO MEMBERS APPOINTED BY THE LOCAL COMMUNITY BOARDS; (H) TWO MEMBERS APPOINTED BY THE GOVERNOR; AND (I) THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. 5. COMPENSATION. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 6. COMMISSION COMMENCEMENT. (A) THE COMMISSION AND ITS DELIBERATIONS SHALL BE SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. (B) THE COMMISSION SHALL ADOPT ITS BYLAWS ON OR BY ITS SECOND MEETING. (C) THE COMMISSION SHALL BEGIN TO ACT FORTY-FIVE DAYS AFTER THIS ARTI- CLE SHALL HAVE BECOME A LAW. 7. DEPARTMENT OF HEALTH ASSISTANCE. (A) THE COMMISSIONER OF HEALTH SHALL DESIGNATE SUCH EMPLOYEES OF THE DEPARTMENT OF HEALTH AS ARE REASONABLY NECESSARY TO PROVIDE SUPPORT SERVICES TO THE COMMISSION. (B) THE COMMISSIONER OF HEALTH SHALL ALSO SUBMIT TO THE COMMISSION SUCH INFORMATION AS MAY BE AVAILABLE FROM THE DEPARTMENT OF HEALTH ON GENERAL HOSPITAL AND NURSING HOME CAPACITY, SERVICES AND BEDS, AVAIL- ABILITY OF PRIMARY AND AMBULATORY CARE SERVICES, AND CURRENT NUMBER OF BEDS IN SUCH FACILITIES, INCLUDING, BUT NOT LIMITED TO, INFORMATION FROM: S. 8306--B 120 (I) OPERATING CERTIFICATE FILES; (II) INSTITUTIONAL COST REPORTS; (III) FACILITY OCCUPANCY REPORTS; (IV) ANNUAL REPORTS OF THE CERTIFICATE OF NEED PROGRAM; (V) THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM; AND (VI) ANY OTHER DOCUMENTATION REQUESTED BY THE COMMISSION. 8. DORMITORY AUTHORITY REPRESENTATION. THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL APPOINT ONE OR MORE REPRESEN- TATIVES TO BE A LIAISON BETWEEN THE COMMISSION AND THE AUTHORITY. 9. OTHER REQUIRED RECOMMENDATIONS. IN CARRYING OUT ITS TASK, THE COMMISSION SHALL ALSO FORMALLY SOLICIT RECOMMENDATIONS FROM HEALTH CARE EXPERTS, COUNTY HEALTH DEPARTMENTS, COMMUNITY-BASED ORGANIZATIONS, STATE AND REGIONAL HEALTH CARE INDUSTRY ASSOCIATIONS, LABOR UNIONS AND OTHER INTERESTED PARTIES AS BROADLY AS IT CONSIDERS IT NECESSARY AND PROPER, AND IT SHALL TAKE INTO ACCOUNT SUCH RECOMMENDATIONS AND THE RECOMMENDA- TIONS OF THE KINGS COUNTY HEALTH CARE STAKEHOLDERS COUNCIL DURING ITS DELIBERATIONS. IN DEVELOPING ITS RECOMMENDATIONS, THE COMMISSION SHALL AS FAR AS PRACTICABLE ESTIMATE THE IMPROVEMENT IN QUALITY OF CARE, FINANCIAL STATUS OF THE HOSPITALS, AND ALL OTHER EFFICIENCIES THAT MAY BE DERIVED FROM RECONFIGURATION OF THE KINGS COUNTY HEALTH CARE SYSTEM. 10. REPORT OF COMMISSION. (A) THE COMMISSION SHALL BE FINISHED WITH ITS STUDY AND ANALYSIS AND PROVIDE ITS WRITTEN RECOMMENDATIONS TO THE LEGISLATURE AND THE GOVERNOR, ALONG WITH SUGGESTED LEGISLATIVE AND EXEC- UTIVE ACTION, INCLUDING BUT NOT LIMITED TO INFRASTRUCTURE INVESTMENTS, AND REFINANCING OF EXISTING DEBT OF GENERAL HOSPITALS IN KINGS COUNTY, BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR. (B) SUCH RECOMMENDATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) RECOMMENDED DATES BY WHICH SUCH ACTIONS SHOULD OCCUR; (II) NECESSARY INVESTMENTS, IF ANY, THAT SHOULD BE MADE IN EACH CASE TO CARRY OUT THE COMMISSION'S RECOMMENDATIONS, INCLUDING ANY NECESSARY WORKFORCE, TRAINING, OR OTHER INVESTMENTS TO ENSURE THAT REMAINING FACILITIES ARE ABLE TO ADEQUATELY PROVIDE SERVICES WITHIN THE CONTEXT OF A RESTRUCTURED INSTITUTIONAL PROVIDER HEALTH CARE SYSTEM; AND (III) THE COMMISSION'S JUSTIFICATION FOR ITS RECOMMENDATIONS. 11. IMPLEMENTATION OF RECOMMENDATIONS. (A) NOTWITHSTANDING ANY CONTRA- RY PROVISION OF LAW, RULE OR REGULATION RELATED TO THE ESTABLISHMENT, CONSTRUCTION, APPROVAL, OR REVISIONS TO THE OPERATING CERTIFICATES, RESIZING, CONSOLIDATION, CONVERSION OR RESTRUCTURING OF HEALTH CARE FACILITIES IDENTIFIED IN THE COMMISSION'S RECOMMENDATIONS, INCLUDING BUT NOT LIMITED TO SECTIONS TWENTY-EIGHT HUNDRED ONE-A, TWENTY-EIGHT HUNDRED TWO, TWENTY-EIGHT HUNDRED FIVE, TWENTY-EIGHT HUNDRED SIX, AND TWENTY- EIGHT HUNDRED SIX-B OF THE PUBLIC HEALTH LAW, THE COMMISSIONER OF HEALTH SHALL TAKE ALL ACTIONS NECESSARY TO IMPLEMENT, IN A REASONABLE, COST-EF- FICIENT MANNER, THE RECOMMENDATIONS OF THE COMMISSION PURSUANT TO THIS SECTION. (B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IF A MAJORITY OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE VOTE TO ADOPT A CONCURRENT RESOLUTION REJECTING THE RECOMMENDATIONS OF THE COMMISSION IN THEIR ENTIRETY BY FEBRUARY FIRST, TWO THOUSAND TWENTY- FIVE. IN NO EVENT SHALL THE COMMISSIONER OF HEALTH BEGIN TO IMPLEMENT THE RECOMMENDATIONS OF THE COMMISSION PRIOR TO FEBRUARY FIRST, TWO THOU- SAND TWENTY-FIVE. PROVIDED, FURTHER, THE COMMISSIONER OF HEALTH SHALL BE PRECLUDED FROM ACTING UPON ANY CERTIFICATE OF NEED APPLICATION, OR ANY OTHER SUBMISSION OR CLOSURE PLAN WHICH LIMITS OR IN ANY WAY ALTERS THE SERVICES PROVIDED BY DOWNSTATE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, UNTIL AFTER FEBRUARY FIRST, TWO THOUSAND TWENTY-FIVE. PROVIDED, S. 8306--B 121 HOWEVER, THAT NOTHING HEREIN SHALL BE CONSTRUED AS: (I) LIMITING THE AUTHORITY OF THE COMMISSIONER OF HEALTH TO ENFORCE OR IMPLEMENT ANY PROVISION OF THE PUBLIC HEALTH LAW RELATING TO THE HEALTH OR SAFETY OF THE PATIENTS AT DOWNSTATE; OR (II) FROM APPROVING AN APPLICATION RELAT- ING TO CAPITAL AND INFRASTRUCTURE IMPROVEMENTS AT DOWNSTATE THAT DO NOT IMPACT THE SCOPE OR LEVEL OF SERVICES OFFERED AT DOWNSTATE. 12. SEVERABILITY CLAUSE. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI- SION, SECTION OR PART OF THIS SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, 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 SECTION WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN. § 2. This act shall take effect immediately. PART LL Section 1. The education law is amended by adding a new section 679-k to read as follows: § 679-K. NEW YORK STATE MENTAL HEALTH PROFESSIONAL STUDENT LOAN FORGIVENESS PROGRAM. 1. PURPOSE. THE PRESIDENT, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR THE PURPOSE OF ALLEVIATING THE BURDEN OF STUDENT LOAN DEBT FOR MENTAL HEALTH PROFESSIONALS IN NEW YORK STATE WHO WORK IN A FACILITY OR PROGRAM LICENSED BY THE OFFICE OF MENTAL HEALTH. SUCH AWARDS SHALL BE MADE ON A COMPETITIVE BASIS AS PROMULGATED BY THE CORPORATION FOR SUCH PURPOSES, TO APPLICANTS WHO MEET THE ELIGIBILITY CRITERIA. 2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION, APPLICANTS SHALL: (A) HAVE GRADUATED AND OBTAINED A DEGREE FROM AN APPROVED NEW YORK STATE COLLEGE OR UNIVERSITY; (B) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM OBTAINING SUCH DEGREE; (C) BE EMPLOYED AS A PSYCHIATRIST, PSYCHIATRIC NURSE PRACTITIONER, PHYSICIAN ASSISTANT, LICENSED MASTER SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, LICENSED MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, CREATIVE ARTS THERAPIST, OR APPLIED BEHAVIOR ANALYST IN NEW YORK STATE WORKING IN A PROGRAM OR FACILITY LICENSED BY THE OFFICE OF MENTAL HEALTH; (D) COMPLY WITH RULES AND REGULATIONS DEVELOPED BY THE CORPORATION; AND (E) MAKE A COMMITMENT TO PRACTICE IN A MENTAL HEALTH PROGRAM OR FACILITY LICENSED BY THE OFFICE OF MENTAL HEALTH, INCLUDING PSYCHIATRIC INPATIENT UNITS OF GENERAL HOSPITALS, COMPREHENSIVE PSYCHIATRIC EMERGEN- CY PROGRAMS, CRISIS, RESIDENTIAL AND OUTPATIENT PROGRAMS FOR THE DURA- TION OF THE AWARD. 3. AWARDS. THE CORPORATION, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, SHALL GRANT SUCH AWARDS WITHIN AMOUNTS APPROPRIATED FOR SUCH PURPOSES AND BASED ON THE AVAILABILITY OF FUNDS. 4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS. IN THE EVENT THAT THERE ARE MORE APPLICANTS THAN THERE ARE REMAINING AWARDS, THE CORPORATION SHALL PROVIDE IN REGULATION THE METHOD OF DISTRIBUTING THE REMAINING NUMBER OF SUCH AWARDS, WHICH MAY INCLUDE A LOTTERY OR OTHER FORM OF RANDOM SELECTION. S. 8306--B 122 § 2. This act shall take effect on the ninetieth day after it shall have become a law. PART MM Section 1. Subdivision 20 of section 378 of the executive law, as renumbered by section 3 of part RR of chapter 56 of the laws of 2023, is renumbered subdivision 21 and a new subdivision 20 is added to read as follows: 20. STANDARD REQUIREMENTS FOR SINGLE-EXIT, SINGLE STAIRWAY MULTI-UNIT RESIDENTIAL BUILDINGS ABOVE THREE STORIES, UP TO AT LEAST SIX STORIES, PURSUANT TO THE FOLLOWING: A. THE COUNCIL SHALL CONDUCT A STUDY EXAMINING EXISTING BUILDING CODES FOR SINGLE-EXIT, SINGLE STAIRWAY MULTI-UNIT RESIDENTIAL BUILDINGS ABOVE THREE STORIES, UP TO AT LEAST SIX STORIES, IN THE CITY OF NEW YORK AND IN OTHER CITIES AND JURISDICTIONS THAT HAVE ADOPTED SUCH BUILDINGS INTO THEIR BUILDING CODES. B. THE COUNCIL SHALL CONSIDER THE EFFECTIVENESS OF THE EXISTING BUILD- ING CODES EXAMINED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, AND ANY IMPROVEMENTS TO SUCH CODES THAT WOULD PROMOTE FIRE SAFETY AND ACCESSI- BILITY. C. THE COUNCIL SHALL COMPLETE THE STUDY, AND ADOPT THE STANDARD REQUIREMENTS PURSUANT TO THIS SUBDIVISION, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. § 2. This act shall take effect immediately. PART NN Section 1. Section 421-a of the real property tax law is amended by adding two new subdivisions 18 and 19 to read as follows: 18. (A) THE COMPTROLLER OF THE CITY OF NEW YORK SHALL CONDUCT AN ANNU- AL AUDIT OF THE AFFORDABLE NEW YORK HOUSING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION TO MEASURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. THE COMPTROLLER OF THE CITY OF NEW YORK SHALL CREATE A PROGRAM TO AUDIT AND REVIEW PROPERTIES WHICH RECEIVE BENEFITS PURSUANT TO THE AFFORDABLE NEW YORK HOUSING PROGRAM TO CONFIRM THAT OWNERS OF SUCH PROP- ERTIES ARE COMPLYING WITH THE RENT REGISTRATION, AFFORDABILITY, RENT STABILIZATION AND APPLICATION REQUIREMENTS OF SUCH PROGRAM. THE DIVI- SION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT, THE NEW YORK CITY DEPARTMENT OF FINANCE, AND ANY OWNER OF A PROPERTY RECEIVING BENEFITS PURSUANT TO THIS SECTION SHALL PROVIDE ANY AND ALL INFORMATION, DATA, OR DOCUMENTATION TO THE COMP- TROLLER OF THE CITY OF NEW YORK WHICH IS DEEMED NECESSARY BY THE COMP- TROLLER OF THE CITY OF NEW YORK IN ORDER TO COMPLETE THE AUDIT PROCESS REQUIRED BY THIS SECTION OF LAW. THE INITIAL AUDIT SHALL BE COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. THE COMP- TROLLER OF THE CITY OF NEW YORK SHALL PUBLISH THE RESULTS OF THE AUDIT ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST AND SHALL MAKE SUCH RESULTS PUBLICLY AVAILABLE ON THE COMPTROLLER'S WEBSITE. ALL PROPERTIES WHICH ARE RECEIVING OR HAVE RECEIVED BENEFITS PURSUANT TO THE AFFORDABLE NEW YORK HOUSING PROGRAM OR PRIOR PROGRAMS ESTABLISHED PURSUANT TO THIS SECTION SHALL BE ELIGIBLE FOR THE INITIAL AUDIT; PROVIDED, HOWEVER, THAT ONLY PROPERTIES WHICH RECEIVED BENEFITS DURING THE PRIOR YEAR SHALL BE ELIGIBLE FOR SUBSEQUENT AUDITS. IN THE EVENT THAT THE AFFORDABLE NEW YORK HOUSING PROGRAM IS TERMINATED OR OTHERWISE DISCONTINUED, A FINAL AUDIT OF THE PROGRAM SHALL BE SUBMITTED ONE YEAR AFTER THE LAST PROPERTY S. 8306--B 123 SUBJECT TO RENT REGISTRATION, AFFORDABILITY, RENT STABILIZATION AND APPLICATION REQUIREMENTS OF THE PROGRAM IS NO LONGER SUBJECT TO SUCH REQUIREMENTS. (B) (I) IF AN AUDIT BY THE COMPTROLLER OF THE CITY OF NEW YORK FINDS ANY UNITS ARE NOT IN COMPLIANCE WITH THE RENT REGISTRATION, AFFORDABILI- TY, RENT STABILIZATION, AND APPLICATION REQUIREMENTS OF THE AFFORDABLE NEW YORK HOUSING PROGRAM, THE COMPTROLLER OF THE CITY OF NEW YORK SHALL PRESENT EVIDENCE OF SUCH NONCOMPLIANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP- MENT, AND THE NEW YORK CITY DEPARTMENT OF FINANCE FOR ENFORCEMENT ACTIONS AS PROVIDED. SUCH NOTIFICATION OF NONCOMPLIANCE SHALL BE MADE WITHIN FIFTEEN DAYS AFTER THE RESULTS OF THE AUDIT HAVE BEEN PUBLISHED ON THE COMPTROLLER'S WEBSITE. (II) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, AND THE NEW YORK CITY DEPARTMENT OF FINANCE SHALL ENFORCE AND REMEDY ANY NONCOMPLIANCE WITH THE RENT REGISTRATION, AFFORDABILITY, RENT STABILIZATION, AND APPLICATION REQUIREMENTS AS PROVIDED OR AVAILABLE UNDER ANY OTHER LAW, RULE, OR REGULATION. 19. DURING AND ON AND AFTER THE EXPIRATION DATE OF THE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFIT PROVIDED PURSUANT TO THIS SECTION, PROVIDED SUCH PROJECT IS REQUIRED TO COMPLY WITH ANY AFFORDABILITY REQUIREMENTS, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION OF THE AFFORDABILITY REQUIREMENTS OF THIS SECTION BY SUCH PROJECT. (A) THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES. (B) A PENALTY UNDER THIS SUBDIVISION SHALL BE IMPOSED ON THE OWNER OF THE ELIGIBLE SITE CONTAINING SUCH PROJECT AT THE TIME THE VIOLATION OCCURRED. (C) A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION. (D) THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL ENSURE THE MINIMUM NUMBER OF REQUIRED AFFORDABLE UNITS ARE OFFERED IN COMPLIANCE WITH THE APPROPRIATE AFFORDABILITY REQUIREMENTS AT ALL TIMES SUCH AFFORDABILITY REQUIREMENTS APPLY. THIS INCLUDES, BUT IS NOT LIMITED TO, FOR EACH UNIT DESIGNATED AS AN AFFORDABLE UNIT FOUND NOT TO BE IN COMPLIANCE WITH THE AFFORDABILITY REQUIREMENTS, THE DEPARTMENT OF HOUS- ING PRESERVATION AND DEVELOPMENT SHALL EITHER BRING SUCH DESIGNATED AFFORDABLE UNIT INTO COMPLIANCE WITH THE AFFORDABILITY REQUIREMENTS OR DESIGNATE ANOTHER UNIT OF SIMILAR SIZE AS AN AFFORDABLE UNIT IN SUBSTI- TUTION OF THE ORIGINAL UNIT. § 2. Subparagraph (ii) of paragraph (f) of subdivision 2 of section 421-a of the real property tax law, as amended by chapter 289 of the laws of 1985, is amended to read as follows: (ii) with respect to units which become subject to the provisions of this section after the effective date of this subparagraph, such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act shall have expired and either each lease and renewal thereof for such unit for the tenant in residence at the time of such decontrol has included a notice in at least twelve point type informing such tenant that the unit shall become subject to such decon- trol upon the expiration of such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act and states the approximate date on which such tax benefit period as provided in the opening paragraph of this paragraph is scheduled to expire; or such unit S. 8306--B 124 becomes vacant as provided under subparagraph (i) of this paragraph. NEITHER A LANDLORD NOR ANY PERSON ACTING ON BEHALF OF THE LANDLORD SHALL INCLUDE INCORRECT OR MISLEADING INFORMATION IN ANY NOTICE PROVIDED PURSUANT TO THIS SUBPARAGRAPH. A LANDLORD OR ANY PERSON ACTING ON BEHALF OF THE LANDLORD WHO WILLFULLY INCLUDES INFORMATION THEY KNOW OR REASON- ABLY KNOW TO BE MISLEADING OR INCORRECT INFORMATION IN ANY NOTICE PROVIDED PURSUANT TO THIS SUBPARAGRAPH OR FAILS TO PROVIDE THE STANDARD- IZED RIDER PURSUANT TO PARAGRAPH (F-1) OF THIS SUBDIVISION IS GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF ONE THOUSAND DOLLARS. § 3. Subdivision 2 of section 421-a of the real property tax law is amended by adding a new paragraph (f-1) to read as follows: (F-1) THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL STAND- ARDIZE THE NOTICE TO BE PROVIDED BY LANDLORDS TO THEIR TENANTS PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF THIS SUBDIVISION. SUCH NOTICE SHALL BE PRINTED IN AT LEAST TWELVE POINT TYPE AND SHALL INCLUDE THE FOLLOWING LANGUAGE: "421-A STANDARD RIDER FACT SHEET ANY HOUSING UNIT THAT RECEIVES TAX BENEFITS UNDER SECTION 421-A OF THE NEW YORK STATE REAL PROPERTY LAW MAY REMAIN AFFORDABLE FOR A PERIOD OF TIME DEPENDING ON A VARIETY OF FACTORS, INCLUDING THE LOCATION OF THE UNIT, THE COMMENCEMENT OF CONSTRUCTION AND THE AFFORDABILITY IN THE PROJECT. FAILURE TO PROVIDE THE INITIAL STANDARDIZED RIDER MAY RESULT IN THE UNIT REMAINING RENT STABILIZED FOR THE DURATION OF THE TENANCY. SPECIFIC DETAILS RELATED TO YOUR UNIT ARE LISTED ON THE NEXT SHEET. WHILE YOUR UNIT RECEIVES 421-A TAX BENEFITS, IT WILL BE SUBJECT TO RENT STABILIZATION. NEW YORK STATE'S RENT REGULATION LAWS PROVIDE TENANTS IN RENT-STABILIZED APARTMENTS WITH A VARIETY OF LEGAL RIGHTS AND PROTECTIONS. THE OWNER OF YOUR BUILDING MUST PROVIDE YOU WITH A RENT STABILIZED LEASE WHEN YOU FIRST MOVE IN AND ALSO EACH TIME YOU RENEW YOUR LEASE FOR YOUR CHOICE OF EITHER A ONE OR TWO YEAR TERM, FOR AS LONG AS YOUR APARTMENT REMAINS RENT STABILIZED. YOU ARE ENTITLED TO CONTINUOUS LEASE RENEWALS WHILE YOUR APARTMENT IS RENT STABILIZED. WHEN YOU RENEW YOUR LEASE, YOUR RENT MAY ONLY BE INCREASED BY AN AMOUNT DETERMINED BY NEW YORK STATE'S RENT REGULATION LAWS, WHICH MAY BE FOUND BY VISITING HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/RESOURCES/RENT- REGULATIONLAWS/, AND PERMITTED BY APPLICABLE TAX BENEFIT LAWS. RENT INCREASES FOR RENT-STABILIZED TENANTS ARE DETERMINED BY THE NEW YORK CITY RENT GUIDELINES BOARD, AND MAY ONLY INCREASE BY A SPECIFIED AMOUNT WITHIN A ONE-YEAR OR TWO-YEAR LEASE TERM. FOR MORE INFORMATION, PLEASE VISIT HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/ OR CALL 311. RENT-STABILIZED TENANTS ARE ALSO ENTITLED TO PETITION THE NEW YORK STATE HOMES AND COMMUNITY RENEWAL BY VISITING HTTPS://HCR.NY.GOV/ OR CALLING (833) 499-0343 OR BY CONTACTING THE APPROPRIATE RENT ADMINISTRATION BOROUGH OFFICE. 421-A RIDER - UNIT NUMBER AS A RENT-REGULATED TENANT, YOUR RIGHTS ARE DETERMINED BY 421-A OF THE NEW YORK STATE REAL PROPERTY LAW. FOR MORE INFORMATION, YOU MAY CONTACT NEW YORK STATE HOUSING AND COMMUNITY RENEWAL BY CALLING (833) 499-0343 OR VISITING HTTPS://HCR.NY.GOV/ OR THE NEW YORK CITY DEPARTMENT OF HOUS- ING PRESERVATION BY CALLING 311 OR VISITING HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE. THE FIRST RENT AS OF DATE OF INITIAL LEASE COMMENCEMENT FOR UNIT APART- MENT NUMBER___ IS AMOUNT ___. BECAUSE UNIT NUMBER ____RECEIVES A 421-A TAX ABATEMENT, IT WILL BE RENT REGULATED UNTIL AT LEAST MM/DD/YYYY. S. 8306--B 125 CONSTRUCTION COMMENCED ON YOUR BUILDING, LOCATED AT ADDRESS ____ON MM/DD/YYYY. CONSTRUCTION WAS COMPLETED ON MM/DD/YYYY. ON (MM/DD/YYYY SPECIFIC TO TENANT), YOUR LANDLORD CAN BEGIN TO INCREASE THE RENT FOR UNIT NUMBER BY 2.2% EACH YEAR. THE 421-A BENEFITS FOR UNIT NUMBER EXPIRE ON (MM/DD/YYYY). AFTER THE EXPIRATION OF THE 421-A TAX ABATEMENT, YOUR UNIT WILL ___ (EITHER REMAIN RENT-STABILIZED FOR THE DURATION OF YOUR TENANCY OR CONTINUE TO BE PROTECTED DUE TO ADDITIONAL PROGRAMS OUTLINED BELOW). UNIT NUMBER ALSO RECEIVES (LIST ANY OTHER CITY, STATE, FEDERAL AFFORDA- BILITY PROGRAM) AND (THE IMPACT THAT HAS ON THE UNIT'S CONTINUING AFFORDABILITY, THE DATE ON WHICH THOSE BENEFITS EXPIRE AND THE IMPACT OF THE EXPIRATION OF THOSE BENEFITS ON THE UNIT). IF YOU BELIEVE THAT ANY OF THE INFORMATION CONTAINED IN THIS RIDER IS INCORRECT, CONTACT NEW YORK STATE HOMES AND COMMUNITY RENEWAL BY CALLING (833) 499-0343 OR VISITING HTTPS://HCR.NY.GOV/ OR THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION BY CALLING 311 OR VISITING HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE." § 4. This act shall take effect immediately. PART OO Section 1. Subparagraph (xiii) of paragraph (a) of subdivision 8 of section 131-a of the social services law, as added by section 2 of part X of chapter 56 of the laws of 2023, is amended to read as follows: (xiii) once during the lifetime of a recipient of public assistance, all of the earned income of such recipient will be disregarded following job entry, provided that such exemption of income for purposes of public assistance eligibility shall be for no more than six consecutive months from the initial date of obtaining such employment and that the recipi- ent's total income shall not be more than [two] FOUR hundred percent of the federal poverty level. In the event a recipient moves from one to another social services district, this disregard shall follow the recip- ient. THE COMMISSIONER SHALL SEEK ANY FEDERAL WAIVER NECESSARY TO EFFEC- TUATE THE ONE-TIME EARNED INCOME DISREGARD PURSUANT TO THIS SUBDIVISION. § 2. This act shall take effect immediately. PART PP Section 1. The veterans' services law is amended by adding a new section 29-b to read as follows: § 29-B. STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILITARY IMMI- GRANT FAMILY LEGACY PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "UNIFORMED SERVICE MEMBER" SHALL MEAN A MEMBER OF THE ARMY, NAVY, AIR FORCE, SPACE CORPS, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE COMMISSIONED CORPS, OR NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS SERVING ON ACTIVE DUTY. (B) "THE PROGRAM" SHALL MEAN THE STAFF SERGEANT ALEX R. JIMENEZ MILI- TARY IMMIGRANT FAMILY LEGACY PROGRAM. (C) "COORDINATOR" SHALL MEAN AN EMPLOYEE OF THE DEPARTMENT APPOINTED BY THE COMMISSIONER, OR AN EMPLOYEE OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS APPOINTED BY THE ADJUTANT GENERAL, TO SERVE AS A MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATOR PURSUANT TO SUBDIVISION THREE OF THIS SECTION. S. 8306--B 126 (D) "VETERAN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION ONE OF THIS ARTICLE AND SHALL ALSO INCLUDE ANY VETERAN WITH A QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION ONE OF THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE. (E) "INTENDED RECIPIENTS" SHALL MEAN UNIFORMED SERVICE MEMBERS, VETER- ANS, RESERVE COMPONENT MEMBERS AND THEIR FAMILY MEMBERS. (F) "RESERVE COMPONENT MEMBERS" SHALL MEAN THOSE SERVING IN THE ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, THE ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, OR RESERVE CORPS OF THE PUBLIC HEALTH SERVICE DURING THE TIME THE UNIT WAS FEDERALLY RECOGNIZED AS A RESERVE COMPO- NENT. 2. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, IN CONJUNCTION WITH THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM WHICH SHALL BE JOINTLY DEVELOPED AND IMPLEMENTED BY THE COMMISSIONER AND THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, IN CONSULTATION WITH THE OFFICE FOR NEW AMERICANS ESTABLISHED PURSUANT TO SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE PRIMARY PURPOSE OF THE PROGRAM SHALL BE TO ASSIST INTENDED RECIPIENTS TO SECURE LEGAL IMMIGRATION STATUS IN THE UNITED STATES, INCLUDING BUT NOT LIMITED TO, CITIZENSHIP. 3. TWO MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS SHALL BE APPOINTED, ONE APPOINTED BY THE COMMISSIONER AND ONE BY THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, TO ADMINISTER THE PROGRAM. EACH COORDINATOR SHALL BE A VETERAN. THE COORDINATORS' DUTIES SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ASSISTING INTENDED RECIPIENTS, WHO MAY QUALIFY FOR ADJUSTMENT OF STATUS, SPECIAL IMMIGRATION STATUS THROUGH THE FEDERAL PAROLE IN PLACE PROGRAM AUTHORIZED BY SECTION 1758 OF THE 2020 NATIONAL DEFENSE AUTHORI- ZATION ACT, OR ANY OTHER SORT OF IMMIGRATION RELIEF, INCLUDING RELIEF THAT CAN LEAD TO CITIZENSHIP, IN SECURING LEGAL REPRESENTATION OR CONSULTATION BY QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED BOARD OF IMMIGRATION APPEALS REPRESENTATIVES AS MAY BE NECESSARY TO OBTAIN SUCH RELIEF. (B) COMMUNICATING WITH THE COMMISSIONER AND THE ADJUTANT GENERAL AND THE OFFICE FOR NEW AMERICANS REGARDING EXISTING POLICIES AND REGULATIONS PERTAINING TO THE NEEDS OF INTENDED RECIPIENTS AND TO MAKE RECOMMENDA- TIONS REGARDING THE IMPROVEMENT OF BENEFITS AND SERVICES TO SUCH INTENDED RECIPIENTS. (C) SERVING AS LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE UNITED STATES CITIZENSHIP AND IMMI- GRATION SERVICES, IMMIGRATION AND CUSTOMS ENFORCEMENT, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE UNITED STATES DEPARTMENT OF DEFENSE, LOCAL VETERANS' SERVICE AGENCIES, STATE AGENCIES, COMMUNITY GROUPS, ADVOCATES, AND OTHER VETERANS AND MILITARY ORGANIZATIONS AND INTERESTED PARTIES FOR THE PURPOSE OF COORDINATING EFFORTS TO PROVIDE IMMIGRATION RELIEF TO INTENDED RECIPIENTS. (D) CONSULTING WITH QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED BOARD OF IMMIGRATION APPEALS APPROVED REPRESENTATIVES TO FACILITATE SUCH COORDINATION WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES OR OTHER APPROPRIATE AGENCY. (E) ADVOCATING FOR INTENDED RECIPIENTS. S. 8306--B 127 (F) DEVELOPING AND MAINTAINING A CLEARINGHOUSE FOR INFORMATION AND RESOURCES RELATING TO THE PROGRAM AS WELL AS OTHER FEDERAL, STATE, LOCAL AND NON-PROFIT PROGRAMS THAT MAY OFFER ASSISTANCE TO INTENDED RECIPIENTS IN IMMIGRATION MATTERS. (G) PROMOTING EVENTS AND ACTIVITIES THAT EDUCATE AND ASSIST INTENDED RECIPIENTS, INCLUDING BUT NOT LIMITED TO, VETERAN HUMAN RIGHTS CONFER- ENCES, VETERANS BENEFIT AND RESOURCES EVENTS. (H) INCLUDING THE CONTRIBUTIONS THAT INTENDED RECIPIENTS HAVE MADE ON BEHALF OF THE UNITED STATES AND THIS STATE ON THE DEPARTMENT'S OFFICIAL WEBSITE. (I) DEVELOPING INFORMATION TO BE MADE AVAILABLE TO CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATIONS, AND LOCAL VETERANS' SERVICES AGENCIES TO PROVIDE A GENERAL OVERVIEW OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO, ITS PURPOSE AND THE ELIGIBILITY REQUIREMENTS FOR ADJUSTMENT OF STATUS, CITIZENSHIP, OR ANY OTHER FORM OF AVAILABLE RELIEF. (J) PREPARING REPORTS ON TOPICS, INCLUDING BUT NOT LIMITED TO, THE DEMOGRAPHICS OF INTENDED RECIPIENTS RESIDING IN THE STATE, INCLUDING THE NUMBER OF SUCH INTENDED RECIPIENTS BY COUNTY, AN ESTIMATE OF HOW MANY MAY BE ELIGIBLE FOR NATURALIZATION, AND THE UNIQUE NEEDS OF THE INTENDED RECIPIENTS WITHIN NEW YORK STATE TO THE COMMISSIONER, THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND THE OFFICE FOR NEW AMERICANS. 4. THE COORDINATORS SHALL SUBMIT A REPORT TO THE COMMISSIONER AND TO THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS ON JANUARY FIRST EACH YEAR FOLLOWING THE FIRST FULL YEAR AFTER THE EFFEC- TIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION AND EVALUATION OF THE COORDINATORS' ACTIVITIES FOR THE PRECEDING CALENDAR YEAR AS WELL AS ANY RECOMMENDATIONS FOR FUTURE PROGRAMMATIC CHANGES. THE COMMISSIONER SHALL SUBMIT THE REPORT TO THE GOVERNOR AND THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR OF THIS ARTICLE. THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS SHALL SUBMIT THE REPORT TO THE GOVERNOR AND THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-FOUR OF THE EXECUTIVE LAW. § 2. Section 4 of the veterans' services law is amended by adding a new subdivision 39 to read as follows: 39. TO ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THIS ARTICLE. § 3. The military law is amended by adding a new section 256 to read as follows: § 256. STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM SUPPORT. THE ADJUTANT GENERAL SHALL ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COOR- DINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW. § 4. Paragraph (l) of subdivision 5 of section 94-b of the executive law, as added by chapter 206 of the laws of 2014, is amended to read as follows: (l) (I) Coordinate with other state agencies and otherwise marshal the resources of the state to serve the needs of immigrants, AND (II) ADVISE THE STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS PURSUANT TO SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW; § 5. This act shall take effect on the ninetieth day after it shall have become a law. S. 8306--B 128 PART QQ Section 1. Paragraph a of subdivision 4 of section 665 of the educa- tion law, as added by chapter 195 of the laws of 1980, is amended to read as follows: a. Student refunds. If a student receives payment as a result of administrative error by the institution or the corporation or a false or erroneous statement on [his] SUCH STUDENT'S application or financial form, or any other act of omission or commission on the part of the student, [his] SUCH STUDENT'S spouse, or [his] SUCH STUDENT'S parents, such that the recipient would otherwise have been considered by the president ineligible to receive such payment, the recipient shall be required to refund the improper payment to the state. PROVIDED THAT NO REPAYMENT SHALL BE DEMANDED OR OCCUR FROM A STUDENT, FORMER STUDENT OR INSTITUTION WHERE THE ERROR WAS AN INADVERTENT OR ADMINISTRATIVE ERROR ON THE PART OF THE CORPORATION OR OTHER STATE AGENCY. § 2. This act shall take effect immediately and be deemed to have been in full force and effect for academic years beginning 2020--2021. PART RR Section 1. Subdivision 2 of section 1111 of the private housing finance law, as amended by chapter 202 of the laws of 2010, is amended and a new subdivision 9 is added to read as follows: 2. "Eligible applicant" shall mean a city, a town, a village, a hous- ing development fund company incorporated pursuant to article eleven of this chapter, any not-for-profit corporation or charitable organization which has as one of its primary purposes the improvement of housing or a municipal housing authority created pursuant to the public housing law, A COMMUNITY LAND TRUST AS DEFINED IN SUBDIVISION NINE OF THIS SECTION, or a public benefit corporation formed to assist particular munici- palities with their housing, community development or renewal needs, or a county, provided, however, that the county acts as an administrator of a program under which projects are constructed, rehabilitated or improved by other eligible applicants or acts in any other capacity as permitted by law. 9. FOR THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY LAND TRUST" SHALL MEAN A CORPORATION ORGANIZED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW AND EXEMPT FROM TAXATION PURSUANT TO SECTION 501(C)(3) OF THE INTER- NAL REVENUE CODE THAT SATISFIES THE FOLLOWING CRITERIA: (A) SUCH NONPROFIT CORPORATION'S PRIMARY PURPOSE IS THE CREATION AND PRESERVATION OF PERMANENTLY AFFORDABLE SINGLE-FAMILY OR MULTI-FAMILY RESIDENCES; (B) ALL DWELLINGS AND UNITS LOCATED ON LAND OWNED BY SUCH NONPROFIT CORPORATION IS SOLD TO A QUALIFIED OWNER TO BE OCCUPIED AS THE QUALIFIED OWNER'S PRIMARY RESIDENCE OR RENTED TO PERSONS OR FAMILIES OF LOW INCOME AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO OF THIS CHAPTER; AND (C) THE LAND OWNED BY THE NONPROFIT CORPORATION, ON WHICH A DWELLING OR UNIT SOLD TO A QUALIFIED OWNER IS SITUATED, IS LEASED BY SUCH CORPO- RATION TO THE QUALIFIED OWNER FOR THE CONVENIENT OCCUPATION AND USE OF SUCH DWELLING OR UNIT FOR AN INITIAL TERM OF NINETY-NINE YEARS WITH RENEWAL RIGHTS UNDER THE SAME INITIAL TERMS AND CONDITIONS. § 2. The private housing finance law is amended by adding a new section 59-j to read as follows: § 59-J. THE NEW YORK STATE COMMUNITY LAND TRUST ACQUISITION FUND. THE AFFORDABLE HOUSING CORPORATION, CREATED BY SECTION FORTY-FIVE-B OF THIS S. 8306--B 129 ARTICLE, SHALL CREATE AND ESTABLISH A SPECIAL FUND KNOWN AS THE NEW YORK STATE COMMUNITY LAND TRUST ACQUISITION FUND AND SHALL PAY INTO THIS FUND ANY MONEYS WHICH MAY BE MADE AVAILABLE TO SUCH CORPORATION FOR THE PURPOSES OF THIS FUND FROM ANY SOURCE INCLUDING BUT NOT LIMITED TO MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY THE STATE AND ANY INCOME OR INTEREST EARNED BY, OR INCREMENT TO, THE ACCOUNT DUE TO THE INVESTMENT THEREOF OR LOANS MADE PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER. THE MONEYS HELD IN OR CREDITED TO THE ACQUISI- TION FUND ESTABLISHED UNDER THIS SECTION SHALL BE EXPENDED SOLELY TO CARRY OUT THE PROVISIONS OF ARTICLE NINETEEN OF THIS CHAPTER EXCLUSIVELY FOR COMMUNITY LAND TRUSTS AS DEFINED IN SUBDIVISION NINE OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER. § 3. This act shall take effect immediately. PART SS Section 1. The real property law is amended by adding a new article 16 to read as follows: ARTICLE 16 ACCESSORY DWELLING UNITS SECTION 480. DEFINITIONS. 481. ACCESSORY DWELLING UNIT INCENTIVE PROGRAM AND LOCAL LAWS. 482. LOW- AND MODERATE-INCOME HOMEOWNERS PROGRAM. § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER- WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED RESIDENTIAL DWELLING UNIT THAT PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING PRIMARY RESIDENCE AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE SINGLE-FAMILY OR MULTI-FAMILY DWELLING. 2. "LOCAL GOVERNMENT" SHALL MEAN A CITY, TOWN OR VILLAGE. 3. "LOW-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN INCOME, ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING EIGHTY PERCENT OF THE AREA MEDI- AN INCOME. 4. "MODERATE-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN INCOME, ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME AS DEFINED BY THE DIVISION. 5. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS. 6. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING. 7. "DIVISION" SHALL MEAN THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL. § 481. ACCESSORY DWELLING UNIT INCENTIVE PROGRAM AND LOCAL LAWS. 1. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION SHALL ESTABLISH AN OPT-IN PROGRAM FOR LOCAL GOVERNMENTS WHO ALREADY HAVE OR WHO ENACT A LOCAL LAW OR ORDINANCE THAT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION WHICH ENCOURAGES THE CREATION OF ACCESSORY DWELLING UNITS. A LOCAL GOVERNMENT SHALL HAVE FIVE YEARS FROM THE DATE SUCH PROGRAM IS ESTABLISHED TO ENACT SUCH LOCAL LAW OR ORDINANCE TO QUALIFY FOR THE PROGRAM. 2. (A) TO QUALIFY FOR THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A LOCAL LAW OR ORDINANCE SHALL: (I) DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT WHERE ACCESSORY DWELLING UNITS SHALL BE PERMITTED. DESIGNATED AREAS S. 8306--B 130 SHALL INCLUDE ALL AREAS ZONED FOR SINGLE-FAMILY OR MULTI-FAMILY RESIDEN- TIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE. (II) PROVIDE FOR PROTECTIONS FOR EXISTING ILLEGAL ACCESSORY DWELLING UNITS TO AID IN THE CONVERSION OF SUCH UNITS TO BECOME LEGAL AND IN COMPLIANCE WITH STATE AND LOCAL REGULATIONS, INCLUDING BUT NOT LIMITED TO: (1) A MECHANISM FOR THE CONVERSION OF AN ILLEGAL ACCESSORY DWELLING UNIT TO BE A LEGAL UNIT, PROVIDED SUCH UNIT IS IN COMPLIANCE WITH ALL APPLICABLE FIRE AND SAFETY CODES; AND (2) PROTECTIONS FOR TENANTS OF ILLEGAL ACCESSORY DWELLING UNITS FROM UNREASONABLE RENT INCREASES. (III) PROVIDE FOR A STREAMLINED APPROVAL PROCESS INVOLVING NO MORE THAN ONE MEETING WITH THE APPLICABLE APPROVING AUTHORITY, AND LIMITING THE COST OF ANY NECESSARY APPLICATIONS AND PERMITS TO A TOTAL OF FIVE HUNDRED DOLLARS. (IV) PROVIDE THAT SEWER AND SEPTIC HOOKUPS SHALL BE GOVERNED UNDER THE APPLICABLE EXISTING LOCAL REQUIREMENTS. (B) A QUALIFYING LOCAL LAW OR ORDINANCE MAY: (I) REQUIRE OWNER OCCUPANCY IN EITHER THE PRIMARY OR ACCESSORY DWELL- ING UNIT. (II) SET A MINIMUM LEASE DURATION FOR ACCESSORY DWELLING UNITS. (III) LIMIT THE TOTAL BUILD OUT TO THE EXISTING ALLOWABLE SQUARE-FOOT- UNDER-FLOOR RATIO AND LOT COVERAGE, CONSISTENT WITH EXISTING SETBACK FOR OTHER ACCESSORY USES. (IV) SET MINIMUM OR MAXIMUM SIZE LIMITS FOR AN ACCESSORY DWELLING UNIT. (C) TO QUALIFY FOR THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A LOCAL LAW OR ORDINANCE SHALL NOT: (I) IMPOSE AN OFF-STREET PARKING REQUIREMENT ON AN ACCESSORY DWELLING UNIT, EXCEPT WHERE NO ADJACENT PUBLIC STREET PERMITS YEAR-ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER THAN ONE- HALF MILE FROM A SUBWAY STOP, RAIL STATION OR BUS STOP. FOR PURPOSES OF THIS SUBPARAGRAPH, AN ADJACENT PUBLIC STREET SHALL BE CONSIDERED AS PERMITTING YEAR-ROUND ON-STREET PARKING NOTWITHSTANDING RULES THAT PROHIBIT PARKING DURING LIMITED HOURS OR ON CERTAIN DAYS OF THE WEEK. (II) IMPOSE UNDUE OR UNNECESSARY FIRE AND SAFETY CODES ON ACCESSORY DWELLING UNITS. (III) REQUIRE MORE THAN ONE POINT OF EXTERIOR ACCESS BY DOOR TO AN ACCESSORY DWELLING UNIT. 3. TO OPT-IN TO THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION A LOCAL GOVERNMENT SHALL SUBMIT A COPY OF ITS LOCAL LAW OR ORDINANCE TO THE DIVISION. WITHIN NINETY DAYS OF RECEIPT OF A LOCAL GOVERNMENT'S LAW OR ORDINANCE, THE DIVISION SHALL SUBMIT WRITTEN FIND- INGS TO THE LOCAL GOVERNMENT AS TO WHETHER THE LOCAL GOVERNMENT'S LOCAL LAW OR ORDINANCE QUALIFIES FOR THE PROGRAM. 4. ALL LOCAL GOVERNMENTS WHO OPT-IN TO THE PROGRAM AND ARE DETERMINED BY THE DIVISION TO HAVE A QUALIFYING LOCAL LAW OR ORDINANCE SHALL BE ELIGIBLE FOR A TEN PERCENT INCREASE OF POINTS ON SUCH LOCAL GOVERNMENT'S CONSOLIDATED FUNDING APPLICATION, A TEN PERCENT INCREASE IN AID AND INCENTIVES FOR MUNICIPALITIES AND AID AND INCENTIVES FOR MUNICIPALITIES RELATED PAYMENTS, INCREASED ELIGIBILITY FOR INDIVIDUAL INFRASTRUCTURE, TRANSPORTATION, PARKS, AND ECONOMIC DEVELOPMENT GRANTS. § 482. LOW- AND MODERATE-INCOME HOMEOWNERS PROGRAM. 1. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION SHALL ESTABLISH A LENDING PROGRAM TO ASSIST LOW-INCOME HOMEOWNERS AND MODERATE-INCOME HOMEOWNERS IN SECURING FINANCING FOR THE CREATION OF ACCESSORY DWELLING UNITS. S. 8306--B 131 2. AN ACCESSORY DWELLING UNIT FINANCED WITH THE ASSISTANCE OF SUCH PROGRAM SHALL, IF SUCH ASSISTANCE IS IN THE FORM OF A FORGIVABLE GRANT AT A BELOW-MARKET RATE FOR A PERIOD OF NO LESS THAN THIRTY YEARS AND IF ANY SUCH ASSISTANCE IS IN THE FORM OF A REPAYABLE LOAN, BE OFFERED FOR RENT AT A BELOW-MARKET RATE FOR A PERIOD OF FIFTEEN YEARS. 3. SUCH PROGRAM SHALL BE FUNDED THROUGH CAPITAL PROJECTS APPROPRI- ATIONS AND REAPPROPRIATIONS SET FORTH IN THE STATE FISCAL YEAR HOUSING PROGRAM. 4. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTI- CLE, THE DIVISION SHALL ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSIST- ANCE TO ALL HOMEOWNERS SEEKING TO CREATE AN ACCESSORY DWELLING UNIT, AND TO PROTECT TENANTS OF ACCESSORY DWELLING UNITS AGAINST DISCRIMINATION, UNREASONABLE RENT INCREASES AND UNWARRANTED EVICTIONS. 5. AN ACCESSORY DWELLING UNIT FINANCED WITH THE ASSISTANCE OF SUCH PROGRAM SHALL BE LIMITED TO AN ANNUAL MAXIMUM RENT INCREASE OF THE LOWER OF (A) THREE PERCENT OR (B) ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH THE ACCESSORY DWELLING UNIT IS LOCATED. 6. THE DIVISION SHALL PROMULGATE PROGRAM CRITERIA AND GUIDELINES NECESSARY TO CARRY OUT SUCH PROGRAM. § 2. Section 292 of the executive law is amended by adding a new subdivision 42 to read as follows: 42. THE TERM "HOUSING ACCOMMODATION" AS USED IN THIS ARTICLE SHALL INCLUDE AN ACCESSORY DWELLING UNIT AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY OF THE REAL PROPERTY LAW. § 3. Paragraph (a) of subdivision 1 of section 296 of the executive law, as separately amended by chapters 202 and 748 of the laws of 2022, is amended to read as follows: (a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. IN THE CASE OF AN ACCESSORY DWELLING UNIT AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY OF THE REAL PROPERTY LAW, THE EXEMPTION FROM THE PROVISIONS OF THIS PARAGRAPH FOR THE RENTAL OF A HOUSING ACCOMMODATION IN A BUILDING WHICH CONTAINS HOUSING ACCOMMODATIONS FOR NOT MORE THAN TWO FAMILIES LIVING INDEPENDENTLY OF EACH OTHER, IF THE OWNER RESIDES IN ONE OF SUCH ACCOMMODATIONS, SHALL NOT APPLY. § 4. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL NEW CONSTRUCTION INVOLVING THE CREATION OF ACCESSORY DWELLING UNITS. 1. RESIDENTIAL BUILDINGS RECONSTRUCTED, ALTERED, IMPROVED, OR NEWLY CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL- ING UNITS ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN- ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY- TWO OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION S. 8306--B 132 AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOL- UTION SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED. 2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FIVE YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION FOR SUCH ADDITIONAL RESIDENTIAL UNIT OR UNITS THAT PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING: (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS DURING SUCH ADDITIONAL PERIOD AND SHALL BE DECREASED BY A FURTHER TEN PER CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE FINAL TWO YEARS OF SUCH ADDITIONAL PERIOD. THE EXEMPTION SHALL EXPIRE AT THE END OF THE EXTENDED PERIOD. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM OF THE EXEMPTION, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) IN ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS- ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE IMMEDIATELY PRECEDING ASSESSMENT ROLL), AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL ASSESS- MENT ROLL. THE RESULT SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION SHALL THEREUPON BE RECOMPUTED TO TAKE INTO ACCOUNT THE NEW EXEMPTION BASE, NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION IS RECEIVED, THE ASSESSOR SHALL CERTIFY THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS HAVING CUSTODY AND CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE HEREBY DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI- FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF HE OR SHE BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS. (III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND DOLLARS IN INCREASED MARKET VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE FOR THE EXEMPTION PURSUANT TO THIS SECTION. FOR THE PURPOSES OF THIS SECTION, THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE EQUAL TO THE INCREASED ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION DIVIDED BY THE CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY ESTAB- LISHED STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE IN THE REMAINDER OF THE STATE, EXCEPT WHERE THE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE EQUALS OR EXCEEDS NINETY-FIVE PERCENT, IN WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION SHALL BE DEEMED S. 8306--B 133 TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVE- MENT, OR NEW CONSTRUCTION. (B) NO SUCH EXEMPTION SHALL BE GRANTED FOR RECONSTRUCTION, ALTER- ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS: (I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND (III) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL DWELLING UNITS ON THE SAME PARCEL AS THE PRE-EXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS. (C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION, IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS. 3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA- TION SHALL BE FILED WITH THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY. 4. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU- ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN. 5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN- TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES. 6. IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES, OR TITLE THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. 7. (A) A COUNTY, CITY, TOWN OR VILLAGE MAY, BY ITS LOCAL LAW, OR SCHOOL DISTRICT, BY ITS RESOLUTION: (I) REDUCE THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO THIS SECTION; AND (II) LIMIT ELIGIBILITY FOR THE EXEMPTION TO THOSE FORMS OF RECON- STRUCTION, ALTERATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION AS ARE PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION. (B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION GRANTED PURSUANT TO THIS SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH SUCH EXEMPTION WAS GRANTED. § 5. This act shall take effect immediately; provided however, that section four of this act shall apply to assessment rolls based on taxa- ble status dates occurring on or after such effective date. PART TT Section 1. The executive law is amended by adding a new article 29 to read as follows: S. 8306--B 134 ARTICLE 29 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION SECTION 827. OFFICE OF CIVIL REPRESENTATION. 828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION. 829. DEFINITIONS. 830. PROVISION OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND COMMUNITY EDUCATION. § 827. OFFICE OF CIVIL REPRESENTATION. 1. THERE IS HEREBY ESTABLISHED IN THE EXECUTIVE DEPARTMENT AN OFFICE OF CIVIL REPRESENTATION TO CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT TO SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE. 2. THE OFFICE SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. § 828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION. THE EXECUTIVE DIRECTOR SHALL HAVE THE POWER AND DUTY TO: 1. ESTABLISH A PROGRAM TO PROVIDE LEGAL REPRESENTATION AND LEGAL CONSULTATION INCLUDING ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY BE NECESSARY, IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY OF THIS ARTI- CLE; 2. PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT REGARDING THE PROGRAM CREATED UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMA- TION, DISAGGREGATED BY COUNTY, PROVIDED, HOWEVER, THAT THE INFORMATION SHALL NOT BE REQUIRED FOR EVERY CASE WHERE THE INDIVIDUAL REFUSES TO PROVIDE THE INFORMATION OR THE INFORMATION IS NOT REASONABLY ASCERTAINA- BLE: (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION AND LEGAL CONSULTATION; (B) THE OUTCOMES OF THE CASES PROVIDED LEGAL REPRESENTATION AND, TO THE EXTENT KNOWN, THE OUTCOMES OF THE CASES PROVIDED LEGAL CONSULTATION; (C) GENDER, RACE, ETHNICITY, AND AGE; (D) POSTAL CODE OF RESIDENCE; (E) HOUSEHOLD SIZE; (F) ESTIMATED LENGTH OF TENANCY; (G) APPROXIMATE HOUSEHOLD INCOME; (H) RECEIPT OF ONGOING PUBLIC ASSISTANCE AT THE TIME SUCH LEGAL SERVICES WERE INITIATED; (I) TENANCY IN RENT-REGULATED HOUSING; (J) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL, STATE OR LOCAL RENTAL SUBSIDY PROGRAM; (K) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE; (L) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (M) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE- SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF: (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE; (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI- DENCE; AND (III) INSTANCES WHERE AN ATTORNEY REPRESENTING AN INCOME-ELIGIBLE INDIVIDUAL WAS DISCHARGED OR WITHDREW; (N) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS; (O) RESIDENTIAL EVICTIONS CONDUCTED BY SHERIFFS OR CITY MARSHALS, DISAGGREGATED BY COUNTY; S. 8306--B 135 (P) A LIST OF DESIGNATED COMMUNITY ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (Q) THE NUMBER OF BUILDINGS IN WHICH OUTREACH WAS CONDUCTED, THE NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS, THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION 501 (C) (3) OF THE UNITED STATES INTERNAL REVENUE CODE, AND THE NUMBER OF TRAININGS OFFERED; AND (R) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR ANY FUTURE PROGRAMMATIC IMPROVEMENTS. 3. PROVIDE AN ANNUAL ESTIMATE FOR THE FUNDING NECESSARY FOR THE OPERA- TION OF THE PROGRAM UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE; 4. COORDINATE WITH OTHER PROGRAMS PROVIDING LEGAL REPRESENTATION IN COVERED PROCEEDINGS TO ENSURE EFFICIENCY OF FUNCTIONS AND TO PREVENT DUPLICATION OF WORK; 5. SUBJECT TO AVAILABLE FUNDING, CREATE A PROGRAM PROVIDING OUTREACH AND EDUCATION THROUGH DESIGNATED LEGAL ORGANIZATIONS, OR OTHER COMMUNITY ORGANIZATIONS, TO SPREAD AWARENESS OF THE AVAILABILITY OF LEGAL REPRE- SENTATION AND LEGAL CONSULTATION BY SUCH DESIGNATED LEGAL ORGANIZATIONS; 6. CREATE AND MAKE AVAILABLE RESOURCES FOR INDIVIDUALS WITH REGARD TO THEIR RIGHTS IN CIVIL LEGAL MATTERS REGARDING HOUSING ACCOMMODATIONS IN THE LANGUAGES REQUIRED BY LAW AND SUCH ADDITIONAL LANGUAGES AS MAY BE NECESSARY; AND 7. PROMULGATES ANY RULES, REGULATIONS, AND GUIDANCE NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE. § 829. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION. 2. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION. 3. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS AT RISK OF LOSING THEIR HOUSING ACCOMMODATION IN A COVERED PROCEEDING AND WHO HAS AN INCOME AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME AND, WHERE APPLICABLE, DOES NOT OTHERWISE QUALIFY FOR LEGAL REPRESENTATION UNDER ANY OTHER PROGRAM PROVIDING INDIVIDUALS LEGAL REPRESENTATION OPERATED OR FUNDED BY A MUNICIPALITY, AS WELL AS ANY OTHER INDIVIDUAL MEETING CRITE- RIA DEVELOPED BY THE OFFICE, WHICH MAY INCLUDE BUT NOT BE LIMITED TO INDIVIDUALS ELIGIBLE FOR A STAY ON THE ISSUANCE OF A WARRANT OF EVICTION UNDER SECTION SEVEN HUNDRED FIFTY-THREE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW. 4. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT AN INDIVIDUAL OR OTHERWISE TERMINATE A TENANCY, ANY OTHER PROCEEDING THAT IS LIKELY TO RESULT IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING ACCOMMODATION, AS DETERMINED BY THE OFFICE, OR A PROCEEDING BROUGHT BY AN ELIGIBLE INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITABILITY OR IN RESPONSE TO THE UNLAWFUL ACTIONS OF A LANDLORD, AS WELL AS ANY APPEALS FROM ANY SUCH PROCEEDINGS. 5. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE COMPREHENSIVE AND EFFECTIVE LEGAL SERVICES FOR THE PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRAC- TICABLE, SUCH DESIGNATED LEGAL ORGANIZATIONS SHALL BE ORGANIZATIONS THAT MAINTAIN A PRACTICE OF FURNISHING FREE OR REDUCED COST LEGAL SERVICES TO INDIVIDUALS; POSSESS EXPERTISE IN THE AREAS OF LAW FOR COVERED PROCEEDINGS; HAVE A DEMONSTRATED HISTORY OR PRACTICE WITH REGARD TO THE S. 8306--B 136 LEGAL ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; POSSESS ADEQUATE INFRASTRUCTURE TO PROVIDE CONSISTENT LEGAL REPRESEN- TATION AND/OR LEGAL CONSULTATION. 6. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN- IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE EDUCATION IN A PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRACTICABLE, SUCH DESIGNATED COMMUNITY ORGANIZATION SHALL MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES; POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGANIZING, AND TIES TO THE COMMUNITIES THEY SERVE; DEMONSTRATE EXPER- TISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-IN- COME RESIDENTS OF THE STATE OF NEW YORK; POSSESS ADEQUATE EXPERTISE TO PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL- UATION, AND STRATEGIC RESPONSE TO EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI- TIONS FOR THEIR STAFF. 7. "LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED BY A DESIGNATED LEGAL ORGANIZATION TO ELIGIBLE INDIVIDUALS AND THE PROVISION OF LEGAL ADVICE, ADVOCACY, AND ASSISTANCE, INCLUDING BUT NOT BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION OF PLEADINGS AND MOTIONS ON BEHALF OF ELIGIBLE INDIVIDUALS, COURT APPEAR- ANCES ON BEHALF OF ELIGIBLE INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE LEGAL REPRESEN- TATION IN A COVERED PROCEEDING. 8. "LEGAL CONSULTATION" MEANS THE PROVISION OF LEGAL ADVICE, INCLUDING ADVISING AN INDIVIDUAL, WHO IS NOT OTHERWISE AN ELIGIBLE INDIVIDUAL UNDER THIS SECTION, OF THE APPLICABLE LAWS AND REMEDIES PERTAINING TO THE COVERED PROCEEDING IN WHICH THEY ARE INVOLVED, PROVIDED BY A DESIG- NATED LEGAL ORGANIZATION TO AN INDIVIDUAL WHO IS NOT OTHERWISE AN ELIGI- BLE INDIVIDUAL. 9. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC- TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD- ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI- LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH THE OCCUPATION THEREOF. § 830. PROVISION OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND COMMUNITY EDUCATION. 1. SUBJECT TO AVAILABLE FUNDING AND IN ACCORDANCE WITH THIS ARTICLE, THE OFFICE SHALL DEVELOP PROGRAMS TO PROVIDE: (A) LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN- IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS THROUGHOUT THE STATE; (B) LEGAL CONSULTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZA- TIONS TO INDIVIDUALS NOT ELIGIBLE FOR LEGAL REPRESENTATION UNDER THIS ARTICLE AND NOT OTHERWISE ELIGIBLE FOR LEGAL CONSULTATION UNDER ANY PROGRAM OPERATED OR FUNDED BY A MUNICIPALITY; AND (C) COMMUNITY OUTREACH AND EDUCATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZATIONS AND/OR DESIGNATED COMMUNITY ORGANIZATIONS REGARDING THE PROGRAMS CREATED HEREIN. 2. IN CREATING THE PROGRAMS UNDER SUBDIVISION ONE OF THIS SECTION, THE EXECUTIVE DIRECTOR SHALL CONSULT WITH THE FOLLOWING: (A) TENANTS AND/OR REPRESENTATIVES OF TENANTS, AND COMMUNITY GROUPS REPRESENTING LOW-INCOME OR OTHER AT-RISK MEMBERS OF THE COMMUNITY; (B) LEGAL AND COMMUNITY-BASED ORGANIZATIONS; S. 8306--B 137 (C) REPRESENTATIVES OF THE JUDICIARY; (D) REPRESENTATIVES OF A MUNICIPALITY OPERATING OR FUNDING A PROGRAM PROVIDING LEGAL REPRESENTATION, LEGAL CONSULTATION, OR COMMUNITY EDUCA- TION AND OUTREACH AND/OR REPRESENTATIVES OF THE ORGANIZATIONS INVOLVED IN SUCH PROGRAMS; AND (E) ANY OTHER ORGANIZATIONS OR INDIVIDUALS AS MAY BE NECESSARY AS DETERMINED BY THE EXECUTIVE DIRECTOR. 3. THE OFFICE SHALL POST ON ITS WEBSITE INFORMATION REGARDING THE PROGRAMS CREATED UNDER THIS SECTION INCLUDING HOW INDIVIDUALS MAY FIND SERVICES AVAILABLE IN THEIR GEOGRAPHIC AREA. 4. THE OFFICE SHALL HOLD ONE OR MORE HEARINGS OR LISTENING SESSIONS IN EACH REGION OF THE STATE ON AN ANNUAL BASIS TO EVALUATE THE PROGRAMS CREATED PURSUANT TO THIS SECTION AND TO INCORPORATE ANY NECESSARY CHANG- ES TO SUCH PROGRAMS. § 2. Section 701 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE LAW, SHALL NOTIFY ALL RESPONDENTS BY MAIL UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL, OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. § 3. Subdivisions 1 and 2 of section 711 of the real property actions and proceedings law, subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivision 2 as amended by section 12 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. The tenant continues in possession of any portion of the premises after the expiration of [his] THE TENANT'S term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if [he deem] THE LANDLORD DEEMS the tenant objec- tionable, shall not be maintainable unless the landlord shall by compe- tent evidence establish to the satisfaction of the court that the tenant is objectionable. NO PROCEEDING SHALL BE MAINTAINED UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF THE ABILITY TO OBTAIN LEGAL REPRESEN- TATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon [him] THE TENANT as prescribed in section seven hundred thirty-five of this article. NO PROCEEDING SHALL BE MAINTAINED UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. Any person succeeding to the landlord's interest in the premises may proceed under this subdi- vision for rent due [his] TO THE LANDLORD'S predecessor in interest if [he] SUCH PERSON has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is S. 8306--B 138 occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. § 4. Section 713 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. NO PROCEEDING SHALL BE MAINTAINED, UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE ABILITY OF THE RESPONDENT TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSU- ANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. § 5. Section 745 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. WHERE A RESPONDENT WHO IS AN ELIGIBLE INDIVIDUAL, AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE LAW, APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW, AND IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPOND- ENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER ADJOURN- MENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN COUNSEL. § 6. Subdivisions 1 and 3 of section 749 of the real property actions and proceedings law, as amended by section 19 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any consta- ble or marshal of the city in which the property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of any town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceed- ing, provided upon a showing of good cause, the court may issue a stay of re-letting or renovation of the premises for a reasonable period of time. HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE OF A WARRANT OF EVICTION AGAINST A RESPONDENT WHO HAS DEFAULTED, OR AUTHORIZE THE EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT, UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTA- TION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW IN EVICTION PROCEEDINGS IN THE NOTICE REQUIRED BY SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY- FIVE OF THIS ARTICLE. 3. Nothing contained herein shall deprive the court of the power to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant. THE FAILURE OF THE COURT TO ADVISE AN INDIVIDUAL OF THEIR ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW IN AN EVICTION PROCEEDING SHALL CONSTITUTE GOOD CAUSE TO STAY OR VACATE SUCH WARRANT. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner establishes that the tenant withheld the rent due in bad faith. Peti- tioner may recover by action any sum of money which was payable at the S. 8306--B 139 time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent. § 7. The real property law is amended by adding a new section 235-j to read as follows: § 235-J. LEASE PROVISIONS WAIVING RIGHT TO COUNSEL VOID. ANY PROVISION OF A LEASE OR CONTRACT WAIVING OR OTHERWISE LIMITING THE TENANT'S ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION UNDER SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW, AS MAY BE APPLICABLE, SHALL BE VOID AND UNENFORCEABLE. § 8. Severability clause. If any provision of this act, or any appli- cation of any provision of this act, is held to be invalid, or to violate or be inconsistent with any federal law or regulation, that shall not affect the validity or effectiveness of any other provision of this act, which can be given effect without that provision or applica- tion; and to that end, the provisions and applications of this act are severable. § 9. This act shall take effect January 1, 2025; provided, however, that sections two through seven of this act shall take effect one year after such date. PART UU Section 1. Section 54-m of the state finance law, as added by section 104 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: § 54-m. Local share requirements associated with increasing the age of juvenile jurisdiction above fifteen years of age. 1. Notwithstanding any other provision of law to the contrary, counties [and the city of New York] shall not be required to contribute a local share of eligible expenditures that would not have been incurred absent the provisions of [a] PART WWW OF chapter FIFTY-NINE of the laws of two thousand seventeen [that added this section] unless the most recent budget adopted by a county that is subject to the provisions of section three-c of the general municipal law exceeded the tax levy limit prescribed in such section or the local government is not subject to the provisions of section three-c of the general municipal law[; provided, however, that the]. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CITY OF NEW YORK SHALL NOT BE REQUIRED TO CONTRIBUTE A LOCAL SHARE OF ELIGIBLE EXPENDITURES THAT WOULD NOT HAVE BEEN INCURRED ABSENT THE PROVISIONS OF PART WWW OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN. 3. THE state budget director shall be authorized to waive any local share of expenditures associated with [a] PART WWW OF chapter FIFTY-NINE of the laws of two thousand seventeen that increased the age of juvenile jurisdiction above fifteen years of age, upon a showing of financial hardship by a county [or the city of New York] upon application in the form and manner prescribed by the division of the budget. In evaluating an application for a financial hardship waiver, the budget director shall consider the incremental cost to the locality related to increas- ing the age of juvenile jurisdiction, changes in state or federal aid payments, and other extraordinary costs, including the occurrence of a disaster as defined in paragraph a of subdivision two of section twenty of the executive law, repair and maintenance of infrastructure, annual S. 8306--B 140 growth in tax receipts, including personal income, business and other taxes, prepayment of debt service and other expenses, or such other factors that the director may determine. § 2. This act shall take effect immediately. PART VV Section 1. Section 17 of the social services law is amended by adding a new subdivision (m) to read as follows: (M) REQUIRE THAT ALL TEMPORARY HOUSING FACILITIES SHALL PROVIDE ACCESS TO HIGH-SPEED BROADBAND INTERNET SERVICE AND WIFI SERVICE TO ALL INDI- VIDUALS RESIDING IN SUCH TEMPORARY HOUSING. THE WIFI SERVICE SHALL BE MADE AVAILABLE IN PRIVATE AND COMMON AREAS ACCESSIBLE TO RESIDENTS. SUCH SHELTER SHALL HAVE AT LEAST ONE ROUTER AND AT LEAST ONE MODEM, OR ANY TECHNOLOGICAL EQUIVALENT THAT PERFORMS THE FUNCTION OF PROVIDING AN AREA WITH HIGH-SPEED BROADBAND INTERNET SERVICE. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "HIGH-SPEED BROADBAND INTERNET SERVICE" MEANS INTERNET SERVICE WITH DOWNLOAD SPEEDS OF AT LEAST ONE GIGABIT PER SECOND AND UPLOAD SPEEDS OF AT LEAST ONE GIGABIT PER SECOND, OR IF SUCH SPEEDS ARE NOT AVAILABLE THE MAXIMUM DOWNLOAD AND UPLOAD SPEEDS COMMERCIALLY AVAILABLE WITHIN THE LOCAL SOCIAL SERVICES DISTRICT. THE TERM "WIFI SERVICE" MEANS ACCESS TO HIGH-SPEED BROADBAND INTERNET THROUGH WIRELESS ROUTER WHICH CONNECTS TO THE INTERNET BY WIRE OR CABLE. FOR PURPOSES OF THIS SUBDIVISION, TEMPORARY HOUSING SHALL INCLUDE BUT NOT BE LIMITED TO, SHELTERS FOR ADULTS, SHELTERS FOR ADULT FAMILIES, SMALL-CAPACITY SHEL- TERS, SHELTERS FOR FAMILIES WITH CHILDREN, DOMESTIC VIOLENCE SHELTERS, RUNAWAY AND HOMELESS YOUTH SHELTERS, SHELTERS IN HOTELS OR SHELTERS FOR REFUGEES. EACH TEMPORARY HOUSING FACILITY SHALL SUBMIT THEIR PLAN TO PROVIDE INTERNET ACCESS PURSUANT TO THIS SUBDIVISION TO THE DEPARTMENT FOR OVERSIGHT AND APPROVAL WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION. TEMPORARY HOUSING FACILITIES SHALL IMPLEMENT AND COMPLY WITH SUCH PLANS WITHIN ONE YEAR OF SUCH APPROVAL. (1) (I) A TEMPORARY HOUSING FACILITY SHALL NOT USE, DISCLOSE, SELL, RETAIN, OR PERMIT ACCESS TO THE PERSONAL INFORMATION PERTAINING TO A PERSON RESIDING IN TEMPORARY HOUSING OBTAINED IN THE COURSE OF PROVIDING INTERNET ACCESS EXCEPT AS REQUIRED TO PROVIDE SUCH ACCESS WITHOUT REGARD TO CONTENT, APPLICATION, SERVICE, OR USE OF A NON-HARMFUL DEVICE, OR TO RESPOND TO A WARRANT OR SUBPOENA ISSUED BY A COURT OF COMPETENT JURIS- DICTION. (II) FOR THE PURPOSES OF THIS SUBDIVISION, PERSONAL INFORMATION SHALL MEAN INFORMATION THAT DIRECTLY OR INDIRECTLY IDENTIFIES, RELATES TO, DESCRIBES, IS CAPABLE OF BEING ASSOCIATED WITH, OR COULD REASONABLY BE LINKED TO A PARTICULAR INDIVIDUAL, FAMILY, OR PERSONAL DEVICE. INFORMA- TION IS REASONABLY LINKABLE TO AN INDIVIDUAL, FAMILY, OR PERSONAL DEVICE IF IT CAN BE USED ON ITS OWN OR IN COMBINATION WITH OTHER REASONABLY AVAILABLE INFORMATION, REGARDLESS OF WHETHER SUCH OTHER INFORMATION IS HELD BY THE SOCIAL SERVICES DISTRICT OR TEMPORARY HOUSING FACILITY, TO IDENTIFY AN INDIVIDUAL, FAMILY, OR A PERSONAL DEVICE. (2) ANY CONTRACT OR AGREEMENT FOR INTERNET ACCESS PROVIDED BY AN INTERNET SERVICE PROVIDER TO A TEMPORARY HOUSING FACILITY SHALL HAVE THE SAME TERMS AND CONDITIONS, OTHER THAN THE REQUIREMENTS OF THIS SECTION, AS THE REGULARLY PRICED COMPARABLE INTERNET PLAN OFFERED BY SUCH INTER- NET SERVICE PROVIDER. (3) LOCAL SOCIAL SERVICES DISTRICTS, TEMPORARY HOUSING FACILITIES, AND THEIR EMPLOYEES AND SUBCONTRACTORS SHALL NOT BE REQUIRED TO ACTIVELY MONITOR OR CONTROL THE INFORMATION ACCESSED THROUGH THE WIFI SERVICE AND S. 8306--B 141 SHALL NOT BE HELD RESPONSIBLE FOR ANY ILLEGAL AND/OR CRIMINAL ACTIVITIES COMMITTED, ORCHESTRATED, OR ORGANIZED THROUGH THE PROVIDED WIFI ACCESS BY RESIDENTS. (4) WHERE CREDENTIALS, SUCH AS A PASSWORD AND USERNAME, ARE NECESSARY TO ACCESS WIFI, TEMPORARY HOUSING FACILITIES MUST CONSPICUOUSLY DISPLAY SUCH CREDENTIALS IN ALL PUBLIC AREAS OF THE FACILITY. TEMPORARY HOUSING FACILITIES NEED NOT DISCLOSE THE CREDENTIALS TO ACCESS WIFI THAT IS RESERVED FOR STAFF OR EMERGENCY SERVICE USE. (5) WHERE A TEMPORARY HOUSING FACILITY IS A HOTEL OR MOTEL AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE-V OF THIS CHAPTER, AND SUCH TEMPORARY HOUSING FACILITY PROVIDES WIFI ACCESS TO PATRONS AT NO ADDITIONAL COST, SUCH FACILITY SHALL PROVIDE WIFI TO ALL RESIDENTS, WITHOUT DISCRIMI- NATION AT NO ADDITIONAL COST. § 2. Subdivision 10 of section 16-gg of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 2 of part MMM of chapter 58 of the laws of 2022, is amended to read as follows: 10. ConnectAll digital equity grant program. The ConnectAll digital equity grant program is hereby established to support individuals to have the information technology capacity needed for full participation in society and the economy, including the effective implementation of a State Digital Equity Plan or any successor plan AND TO FACILITATE, FUND, OR REIMBURSE, THE PROVISION OF INTERNET ACCESS AS PROVIDED IN SUBDIVI- SION (M) OF SECTION 17 AND SECTION 153 OF THE SOCIAL SERVICES LAW. Grants issued pursuant to this program shall be awarded in a manner and form as determined by the division consistent with all relevant federal laws, codes, rules, and regulations associated with the federal Digital Equity Act as established under the Infrastructure Investment and Jobs Act. The division shall establish such State Digital Equity Plan and the procedures to solicit, receive and evaluate proposals for the program consistent with rules, regulations, or guidelines established by the commissioner. § 3. This act shall take effect immediately. PART WW Section 1. The private housing finance law is amended by adding a new article 32 to read as follows: ARTICLE XXXII INFILL HOUSING PILOT PROGRAM SECTION 1290. LEGISLATIVE PURPOSE. 1291. INFILL HOUSING PILOT PROGRAM. § 1290. LEGISLATIVE PURPOSE. IT IS HEREBY DECLARED AND FOUND THAT THERE EXISTS ACROSS UPSTATE NEW YORK, AND PARTICULARLY IN THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE, ALBANY, AND BINGHAMTON, A SHORTAGE OF AFFORDABLE HOUSING UNITS AVAILABLE FOR PURCHASE. IT IS FURTHER FOUND THAT HOMEOWNERSHIP IS ESSENTIAL FOR BUILDING GENERATIONAL WEALTH, AND THAT THE STATE THEREFORE HAS AN INTEREST IN PROMOTING HOMEOWNERSHIP. IN ORDER, FURTHER, TO PROMOTE HOMEOWNERSHIP, IT IS HEREBY DECLARED THAT ADDITIONAL PROVISIONS SHOULD BE MADE TO PROVIDE PUBLIC MONIES FOR THE PURPOSES OF ONE- TO TWO- FAMILY DWELLINGS IN THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE, ALBANY, AND BINGHAMTON FOR PURCHASE BY LOW AND MODERATE INCOME BUYERS LIVING IN OR NEAR THE CENSUS TRACT WHERE THE PROPERTY IS LOCATED. THE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS OF THIS ARTICLE IS HEREBY DECLARED AS A MATTER OF LEGISLATIVE DETERMINATION. S. 8306--B 142 § 1291. INFILL HOUSING PILOT PROGRAM. 1. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL, SUBJECT TO APPROPRIATION, DEVELOP A PROGRAM TO MAKE CAPITAL SUBSIDIES AVAILABLE FOR THE PURPOSE OF BUILDING ONE- TO TWO- FAMILY DWELLINGS IN THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE, ALBANY, AND BINGHAMTON. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS SUFFICIENT FOR THE CREATION OF A NEW PROGRAM FOR THE PURPOSE OF BUILDING SUCH ONE- TO TWO- FAMILY DWELLINGS. 2. FUNDING FOR THE PROGRAM CREATED PURSUANT TO THIS ARTICLE SHALL, TO THE EXTENT PRACTICABLE, BE PRIORITIZED FOR DEVELOPMENT ON VACANT, ABAN- DONED, OR UNDER-UTILIZED LAND OWNED BY THE MUNICIPALITY. 3. DWELLINGS CREATED PURSUANT TO THIS PROGRAM SHALL BE SOLD TO A NOT- FOR-PROFIT CORPORATION FOR THE PURPOSE OF RESALE OR INDIVIDUALS OR FAMI- LIES WHO ARE LOW OR MODERATE INCOME, AS DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AT THE TIME OF SALE, WHO OWN NO OTHER REAL PROPERTY, AND WHO INTEND TO USE THE DWELLING AS THEIR PRIMARY RESI- DENCE. 4. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL RESTRICT ANY SUBSEQUENT DEED OF SALE TO AN INDIVIDUAL OR FAMILY OF LOW OR MODERATE INCOME, AS DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, WHO INTENDS TO MAKE THE DWELLING THEIR PRIMARY RESIDENCE. 5. NOTHING IN THIS ARTICLE SHALL PRECLUDE THE USE OF ADDITIONAL LOANS OR GRANTS IN CONJUNCTION WITH THIS PROGRAM. § 2. This act shall take effect immediately. PART XX Section 1. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF NEWLY-CONSTRUCTED OR CONVERTED RENTAL MULTIPLE DWELLINGS. 1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED OR CONVERTED IN A BENEFIT AREA DESIGNATED IN SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY RESOLUTION. (B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES. (C) THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL OF THE UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE BENEFIT PERIOD, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDI- VIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A CERTAIN PERCENTAGE, AS DETERMINED BASED ON RECOMMENDATIONS DEVELOPED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR EACH ECONOMIC DEVELOPMENT REGION, OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, ON AVERAGE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH RESTRICTION PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT. S. 8306--B 143 2. (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL DEVELOP RECOMMENDATIONS FOR EACH ECONOMIC DEVELOPMENT REGION, AS ESTABLISHED BY SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, REGARDING THE IMPLEMENTATION OF THE EXEMPTION CREATED UNDER THIS SECTION. CITIES, TOWNS, AND VILLAGES PROVIDING SUCH EXEMPTION SHALL HAVE THE OPTION TO OPT INTO SUCH RECOMMENDATIONS. (B) SUCH RECOMMENDATIONS SHALL: (I) CONSIDER THE FINANCIAL FEASIBILITY OF CONSTRUCTING NEW HOUSING OR CONVERTING A NON-RESIDENTIAL STRUCTURE TO A RENTAL MULTIPLE DWELLING AND OPERATING SUCH HOUSING IN EACH ECONOMIC DEVELOPMENT REGION, INCLUDING ANY VARIATION IN CONSTRUCTION COSTS AND OPERATING INCOMES FOR RENTAL MULTIPLE DWELLING PROJECTS IN DIFFERENT PARTS OF EACH SUCH REGION, AND AMONG SUBSIDIZED AND UNREGULATED RENTAL MULTIPLE DWELLING PROJECTS; (II) INCLUDE RECOMMENDATIONS FOR BOTH RENTAL MULTIPLE DWELLING PROJECTS RECEIVING ADDITIONAL SUBSIDIES OR EXEMPTIONS AND RENTAL MULTI- PLE DWELLING PROJECTS RECEIVING NO ADDITIONAL SUBSIDIES OR EXEMPTIONS; AND (III) INCLUDE RECOMMENDATIONS FOR THE CONVERSION OF NON-RESIDENTIAL PROPERTY FOR RESIDENTIAL USE. (C) SUCH RECOMMENDATIONS SHALL BE UPDATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LESS THAN ONCE EVERY TWO YEARS. 3. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE. 4. IN THE CASE OF A NEWLY CONSTRUCTED OR CONVERTED PROPERTY WHICH IS USED PARTIALLY AS A RENTAL MULTIPLE DWELLING AND PARTIALLY FOR COMMER- CIAL OR OTHER PURPOSES, THE PORTION OF THE PROPERTY THAT IS USED AS A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHORIZED BY THIS SECTION IF: (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL- ING REPRESENTS AT LEAST FIFTY PERCENT OF THE SQUARE FOOTAGE OF THE ENTIRE PROPERTY; (B) THE RENTAL UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES AS DETERMINED ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION; AND (C) THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED WITH RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL- ING. 5. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. 6. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION. § 2. This act shall take effect immediately. PART YY Section 1. The real property law is amended by adding a new section 265-c to read as follows: § 265-C. HOMEOWNER PROTECTION PROGRAM. 1. LEGISLATIVE INTENT. THE LEGISLATURE DECLARES THAT THE ESTABLISHMENT OF THE HOMEOWNER PROTECTION S. 8306--B 144 PROGRAM (HOPP) IS NECESSARY TO ENSURE CONTINUATION OF NEW YORK'S INVEST- MENT IN ITS STATEWIDE NETWORK OF NON-PROFIT CIVIL LEGAL SERVICES PROVID- ERS AND HOUSING COUNSELING AGENCIES OFFERING A RANGE OF HOMEOWNERSHIP RETENTION AND PRESERVATION SERVICES TO HOMEOWNERS IN EVERY COUNTY IN THE STATE. THE PROGRAM IS ALSO NECESSARY TO ENSURE THAT THE STATUTORY MANDATES OF SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED, SO THAT FREE HOUSING COUNSELING AND LEGAL SERVICES ARE AVAILABLE TO HOMEOWNERS AS PROVIDED FOR BY SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW IN EVERY COUNTY, AND SO THAT LEGAL SERVICES ARE AVAILABLE TO ASSIST HOMEOWNERS ANSWERING COMPLAINTS AND PARTICIPATING IN MANDATORY SETTLEMENT CONFERENCES PURSU- ANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. 2. COUNSELING AND LEGAL REPRESENTATION OF INDIVIDUALS WHO ARE FACING LOSS OF THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW SHALL ESTAB- LISH THE HOMEOWNER PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF FREE HOUSING COUNSELING AND LEGAL SERVICES TO HOMEOWNERS FOR THE PURPOSES OF MITIGATING THREATS TO HOMEOWNERSHIP INCLUDING, BUT NOT LIMITED TO, HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING, AS A TOOL FOR PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED TO HOME- OWNERS, PREVENTING AVOIDABLE FORECLOSURES AND DISPLACEMENT, PRESERVING HOME EQUITY, PRESERVING HOMEOWNERSHIP, ESPECIALLY IN COMMUNITIES OF COLOR, AND FOR ANY OTHER PURPOSES RELATED TO PRESERVING HOMEOWNERSHIP. SUCH PROGRAM SHALL BE FUNDED BY ANNUAL APPROPRIATION BY THE LEGISLATURE. (B) THE DEPARTMENT OF LAW SHALL PROVIDE GRANTS TO ELIGIBLE NOT-FOR- PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS TO PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND WORKOUT APPLICATIONS AND NEGOTIATIONS; ASSISTANCE IN APPLYING FOR ASSISTANCE PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY AND BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN MORTGAGE AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN- TATION AT SETTLEMENT CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE TO UNREPRESENTED LITIGANTS WITH ANSWERS AND MOTIONS IN JUDICIAL FORECLOSURE PROCEEDINGS AND BRIEF ADVICE; ASSISTANCE TO HOMEOWNERS VICTIMIZED BY DEED FRAUD, DISTRESSED PROPERTY CONSULTANT, PARTITION AND OTHER SCAMMERS; AND REDRESS OF PREDATORY AND DISCRIMINATORY LENDING, ABUSIVE MORTGAGE SERVICING, AND PROPERTY FLIPPING, INCLUDING AFFIRMATIVE LITIGATION AND ADMINISTRATIVE COMPLAINTS WITH FEDERAL, STATE AND LOCAL FAIR HOUSING AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART- MENT OF LAW TO PRESERVE HOMEOWNERSHIP. 3. PROGRAM ADMINISTRATION. (A) THE DEPARTMENT OF LAW SHALL ESTABLISH CRITERIA FOR SELECTION OF GRANT APPLICATIONS, REVIEW APPLICATIONS AND MAKE AWARDS, AND EXERCISE AND PERFORM SUCH OTHER FUNCTIONS AS ARE RELATED TO THE PURPOSES OF THIS SECTION. (B) THE DEPARTMENT OF LAW SHALL MAKE ONE-YEAR GRANTS, WITHIN THE AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO NOT-FOR-PROFIT HOUSING COUN- SELING ORGANIZATIONS SERVING HOMEOWNERS AT RISK OF LOSING THEIR HOMES, AND LEGAL SERVICES ORGANIZATIONS, TO PROVIDE COUNSELING SERVICES AND LEGAL REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK WHO ARE FACING THREATS TO HOMEOWNERSHIP. S. 8306--B 145 (C) THE DEPARTMENT OF LAW SHALL MAKE ONE-YEAR GRANTS, WITHIN THE AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING AND LEGAL SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS IN EVERY COUNTY OF THE STATE AND TO ENSURE THAT THE STATUTORY MANDATES OF SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED. (D) THE DEPARTMENT OF LAW SHALL MAKE ONE-YEAR GRANTS, WITHIN THE AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE ADEQUATE TRAINING, TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS- ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER THIS SECTION, AND TO ENSURE THE MANAGEMENT OF GRANTS AND SUPPORTIVE SERVICES INCLUDING, BUT NOT LIMITED TO, TOLL-FREE HOTLINES, DEDICATED OUTREACH, TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO THE ORGANIZATIONS PROVIDING SERVICES. 4. REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION AND LEGAL SERVICES ORGANIZATION RECEIVING A GRANT UNDER THIS SECTION SHALL REPORT TO THE ATTORNEY GENERAL NO LATER THAN SIXTY DAYS AFTER THE END OF EACH ONE-YEAR GRANT. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED. § 2. This act shall take effect immediately. PART ZZ Section 1. The private housing finance law is amended by adding a new article 32 to read as follows: ARTICLE XXXII RENTAL IMPROVEMENT FUND PILOT PROGRAM SECTION 1290. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. 1291. RENTAL IMPROVEMENT FUND PILOT PROGRAM. § 1290. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. IT IS HEREBY DECLARED AND FOUND THAT THERE EXISTS ACROSS UPSTATE NEW YORK A SHORTAGE OF SAFE AND AFFORDABLE RENTAL UNITS. IT IS FURTHER FOUND THAT STABLE HOUSING IS TIED TO POSITIVE EMPLOYMENT, EDUCATION, AND HEALTH OUTCOMES, AND THAT THE STATE THEREFORE HAS AN INTEREST IN PROMOTING SAFE AND AFFORDABLE HOUSING OPPORTUNITIES. IN ORDER, FURTHER, TO PROMOTE SUCH OPPORTUNITIES, IT IS HEREBY DECLARED THAT ADDITIONAL PROVISIONS SHOULD BE MADE TO PROVIDE PUBLIC MONIES FOR THE PURPOSE OF GRANTS TO OWNERS OF BUILDINGS WITH FEWER THAN FIVE UNITS TO MAKE NECESSARY IMPROVEMENTS TO RENTAL UNITS ON THE CONDITION THAT RENOVATED UNITS WILL BE LEASED AT A REASONABLE RATE FOR TEN YEARS. THE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS OF THIS ARTICLE IS HEREBY DECLARED AS A MATTER OF LEGIS- LATIVE DETERMINATION. § 1291. RENTAL IMPROVEMENT FUND PILOT PROGRAM. 1. (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL, SUBJECT TO APPROPRIATION, MAKE CAPITAL GRANTS OF UP TO SEVENTY-FIVE THOUSAND DOLLARS PER UNIT TO OWNERS OF BUILDINGS WITH FEWER THAN FIVE UNITS FOR THE PURPOSE OF MAKING NECES- SARY IMPROVEMENTS TO RENTAL UNITS LOCATED OUTSIDE OF A CITY WITH A POPU- LATION OF ONE MILLION OR MORE. NO OWNER RECEIVING A GRANT PURSUANT TO THIS ARTICLE MAY OWN MORE THAN FIVE RESIDENTIAL UNITS IN THE STATE OF NEW YORK AT THE TIME OF APPLICATION. THE DIVISION OF HOUSING AND COMMU- NITY RENEWAL, TO THE EXTENT PRACTICABLE, SHALL PRIORITIZE FUNDING FOR UNITS THAT ARE CURRENTLY VACANT OR HAVE OUTSTANDING CODE VIOLATIONS. (B) RECEIPT OF SUCH CAPITAL GRANTS SHALL BE CONDITIONED UPON AN AGREE- MENT BY SUCH OWNERS TO LEASE SUCH RENOVATED UNITS AT A RATE NO HIGHER THAN THE SMALL AREA FAIR MARKET RENT FOR A UNIT AS CALCULATED BY THE S. 8306--B 146 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE TEN- YEAR PERIOD COMMENCING AT THE START OF THE FIRST LEASE AGREEMENT FOLLOW- ING A RENOVATION OR REHABILITATION COMPLETED PURSUANT TO THIS ARTICLE. OVER SUCH TEN-YEAR PERIOD, EACH SUCH RENTAL UNIT SHALL BE ELIGIBLE TO RECEIVE NO MORE THAN TEN THOUSAND DOLLARS FOR MAINTENANCE PURPOSES IN ADDITION TO THE INITIAL GRANT AMOUNT. UPON A FINDING BY THE COMMISSION- ER OF HOUSING AND COMMUNITY RENEWAL THAT AN OWNER WHO HAS RECEIVED A GRANT TO RENOVATE A RENTAL UNIT PURSUANT TO THIS SECTION HAS CHARGED A TENANT GREATER THAN THE SMALL AREA FAIR MARKET RENT AMOUNT, ANY GRANTS RECEIVED BY SUCH LANDLORD SHALL BE SUBJECT TO RECOUPMENT IN FULL. RENTAL RESTRICTIONS SHALL NOT EXPIRE IF THE UNIT IS TRANSFERRED OR SOLD TO A NEW OWNER. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE RULES AND REGULATIONS TO ENSURE COMPLIANCE WITH THIS SECTION. 2. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE RULES AND REGULATIONS DEEMED NECESSARY AND APPROPRIATE TO ESTABLISH AND ADMINISTER THE RENTAL IMPROVEMENT FUND PILOT PROGRAM PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED TO THE APPLICATION PROCESS, ELIGIBIL- ITY REQUIREMENTS, DISBURSEMENT OF GRANTS, DETERMINATION OF A REASONABLE LEASE RATE, AND ANY OTHER RULES, REGULATIONS, OR DEFINITIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. § 2. The state finance law is amended by adding a new section 99-rr to read as follows: § 99-RR. RENTAL IMPROVEMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF HOUS- ING AND COMMUNITY RENEWAL A FUND TO BE KNOWN AS THE "RENTAL IMPROVEMENT FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW, OR ANY OTHER MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR PURPOSES OF THE RENTAL IMPROVEMENT FUND PILOT PROGRAM, AS SET FORTH IN ARTICLE THIRTY-TWO OF THE PRIVATE HOUSING FINANCE LAW. § 3. This act shall take effect on the sixtieth 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 AAA Section 1. The administrative code of the city of New York is amended by adding a new section 26-511.2 to read as follows: § 26-511.2 VACANT APARTMENT AND MAJOR TENANCY REPAIRS. A. NOTWITH- STANDING ANY OTHER LAW TO THE CONTRARY, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH A PROGRAM IN THE FORM OF PAYMENTS FOR REASONABLE AND NECESSARY EXPENSES FOR THE REPAIR OF ANY VACANT RENT-STABILIZED, PURSUANT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY- FOUR, APARTMENT UNITS THAT ARE SUBJECT TO THIS CHAPTER WHICH REQUIRE REPAIR PRIOR TO BEING RENTED AGAIN. ELIGIBLE UNITS MUST HAVE BEEN CONTINUOUSLY OCCUPIED FOR A PERIOD OF FIFTEEN YEARS OR GREATER IMME- DIATELY PRIOR OR HAVE CONDITIONS THAT WOULD PREVENT THE UNIT FROM PROVIDING A WARRANTY OF HABITABILITY AS PROMULGATED IN SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW. NO OWNER SHALL BE S. 8306--B 147 AWARDED MORE THAN ONE HUNDRED THOUSAND DOLLARS FOR REPAIRS UNDER THIS PROGRAM. B. (1) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ENTER INTO A CONTRACT WITH THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT TO ADMINISTER THE PROGRAM. THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL ESTABLISH ELIGIBILITY GUIDELINES AND CRITERIA AND AN APPLICATION PROCESS. THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY REQUIRE THAT AN OWNER WITH A UNIT ELIGIBLE TO RECOVER INDIVIDUAL APARTMENT IMPROVEMENT COSTS UTILIZE THOSE FUNDS RECOVERED PRIOR TO OR CONCURRENTLY WITH THE PROGRAM CREATED PURSUANT TO THIS SECTION. (2) NO APPLICATION SHALL BE APPROVED UNDER THIS SECTION IF THE OWNER IS FOUND: (I) TO HAVE HARASSED A TENANT TO OBTAIN THE VACANCY OF SUCH UNIT; OR (II) RESPONSIBLE FOR THE REPAIRS DUE TO THEIR OWN FAULT OR NEGLECT. C. (1) THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL ESTABLISH A NOTIFICATION AND DOCUMENTATION PROCEDURE FOR OWNERS THAT REQUIRES AN ITEMIZED LIST OF WORK PERFORMED AND A DESCRIPTION OR EXPLA- NATION OF THE REASON OR PURPOSE OF SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCUMENTING THE CONDITION PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED WORK. THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP- MENT SHALL PROVIDE FOR THE CENTRALIZED ELECTRONIC RETENTION OF SUCH DOCUMENTATION AND ANY OTHER SUPPORTING DOCUMENTATION. (2) UPON RECEIPT OF THE REQUIRED DOCUMENTATION UNDER THIS SUBDIVISION AND THE APPROVAL OF THE WORK PERFORMED, THE DEPARTMENT OF HOUSING PRES- ERVATION AND DEVELOPMENT SHALL AWARD AN OWNER UP TO ONE HUNDRED THOUSAND DOLLARS FOR THE COST OF THE WORK PERFORMED. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FUND HALF OF SUCH AWARD AND THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL FUND THE REMAINING HALF. D. AN OWNER SHALL RENT ANY REPAIRED UNITS AT THE LEGAL REGULATED RENT, PLUS ANY TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT RENT INCREASE, WITH- IN THIRTY DAYS OF RECEIPT OF PAYMENT. AN OWNER SHALL NOT BE ENTITLED TO A TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT RENT INCREASE FOR COSTS APPROVED AND PAID FOR BY THE PROGRAM AND SHALL NOT PASS ALONG THE COST OF REPAIRS PAID FOR BY GOVERNMENT FUNDS TO A TENANT IN THE FORM OF AN INCREASE IN THE MONTHLY RENT OR ANY NON-RENTAL FEES. IN ADDITION TO ANY PENALTIES PROVIDED FOR RENT OVERCHARGES IN SECTION 26-516 OF THIS CHAP- TER, ANY OWNER FOUND TO HAVE COLLECTED RENT INCREASES OR NON-RENTAL FEES FOR COSTS APPROVED AND PAID FOR BY THIS PROGRAM SHALL BE LIABLE TO REFUND THE AMOUNT COLLECTED TO THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. E. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE BENEFITS PROVIDED UNDER THIS SECTION SHALL BE DEEMED "PUBLIC FUNDS" PURSUANT TO SUBDIVI- SION TWO OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW. ANY ELIGIBLE UNIT RECEIVING SUCH BENEFITS THAT MEETS THE DEFINITION OF A "COVERED PROJECT" PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW SHALL COMPLY WITH ALL REQUIREMENTS OF SUCH LAW. § 2. Section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is amended by adding a new section 10-c to read as follows: § 10-C. VACANT APARTMENT AND MAJOR TENANCY REPAIRS. 1. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH A PROGRAM IN THE FORM OF PAYMENTS FOR REASONABLE AND NECESSARY EXPENSES FOR THE REPAIR OF ANY VACANT RENT-STABILIZED, PURSUANT TO THIS ACT, APARTMENT UNITS IN THE CITY OF NEW YORK AND NASSAU, WESTCHESTER, S. 8306--B 148 AND ROCKLAND COUNTIES, THAT ARE SUBJECT TO THIS ACT WHICH REQUIRE REPAIR PRIOR TO BEING RENTED AGAIN. ELIGIBLE UNITS MUST HAVE BEEN CONTINUOUSLY OCCUPIED FOR A PERIOD OF FIFTEEN YEARS OR GREATER IMMEDIATELY PRIOR OR HAVE CONDITIONS THAT WOULD PREVENT THE UNIT FROM PROVIDING A WARRANTY OF HABITABILITY AS PROMULGATED IN SECTION 235-B OF THE REAL PROPERTY LAW. NO OWNER SHALL BE AWARDED MORE THAN ONE HUNDRED THOUSAND DOLLARS FOR REPAIRS UNDER THIS PROGRAM. 2. (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ADMINISTER THE PROGRAM OUTSIDE OF CITIES WITH A POPULATION OVER ONE MILLION AND SHALL ESTABLISH ELIGIBILITY GUIDELINES AND CRITERIA AND AN APPLICATION PROCESS. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY REQUIRE THAT AN OWNER WITH A UNIT ELIGIBLE TO RECOVER INDIVIDUAL APARTMENT IMPROVEMENT COSTS UTILIZE THOSE FUNDS RECOVERED PRIOR TO OR CONCURRENTLY WITH THE PROGRAM CREATED PURSUANT TO THIS SECTION. (B) NO APPLICATION SHALL BE APPROVED UNDER THIS SECTION IF THE OWNER IS FOUND: (I) TO HAVE HARASSED A TENANT TO OBTAIN THE VACANCY OF SUCH UNIT; OR (II) RESPONSIBLE FOR THE REPAIRS DUE TO THEIR OWN FAULT OR NEGLECT. 3. (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH A NOTIFICATION AND DOCUMENTATION PROCEDURE FOR OWNERS THAT REQUIRES AN ITEMIZED LIST OF WORK PERFORMED AND A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCU- MENTING THE CONDITION PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED WORK. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PROVIDE FOR THE CENTRALIZED ELECTRONIC RETENTION OF SUCH DOCUMENTATION AND ANY OTHER SUPPORTING DOCUMENTATION. (B) UPON RECEIPT OF THE REQUIRED DOCUMENTATION UNDER THIS SUBDIVISION AND THE APPROVAL OF THE WORK PERFORMED, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL AWARD AN OWNER UP TO ONE HUNDRED THOUSAND DOLLARS FOR THE COST OF THE WORK PERFORMED. 4. AN OWNER SHALL RENT ANY REPAIRED UNITS AT THE LEGAL REGULATED RENT, PLUS ANY TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT RENT INCREASE, WITH- IN THIRTY DAYS OF RECEIPT OF PAYMENT. AN OWNER SHALL NOT BE ENTITLED TO A TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT RENT INCREASE FOR COSTS APPROVED AND PAID FOR BY THE PROGRAM AND SHALL NOT PASS ALONG THE COST OF REPAIRS PAID FOR BY GOVERNMENT FUNDS TO A TENANT IN THE FORM OF AN INCREASE IN THE MONTHLY RENT OR ANY NON-RENTAL FEES. IN ADDITION TO ANY PENALTIES PROVIDED FOR RENT OVERCHARGES IN SECTION TWELVE OF THIS ACT, ANY OWNER FOUND TO HAVE COLLECTED RENT INCREASES OR NON-RENTAL FEES FOR COSTS APPROVED AND PAID FOR BY THIS PROGRAM SHALL BE LIABLE TO REFUND THE AMOUNT COLLECTED TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. 5. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE BENEFITS PROVIDED UNDER THIS SECTION SHALL BE DEEMED "PUBLIC FUNDS" PURSUANT TO SUBDIVI- SION 2 OF SECTION 224-A OF THE LABOR LAW. ANY ELIGIBLE UNIT RECEIVING SUCH BENEFITS THAT MEETS THE DEFINITION OF A "COVERED PROJECT" PURSUANT TO SECTION 224-A OF THE LABOR LAW SHALL COMPLY WITH ALL REQUIREMENTS OF SUCH LAW. § 3. This act shall take effect April 1, 2025; provided that the amendments to chapter 4 of title 26 of the administrative code of the city of New York made by section one of this act shall expire on the same date as such chapter expires and shall not affect the expiration of such chapter as provided under section 26-520 of such law. PART BBB S. 8306--B 149 Section 1. This act shall be known and may be cited as the "mothers and infants lasting change ("MILC") allowance". § 2. Legislative findings and intent. The legislature hereby finds and declares that child poverty in New York city and cities across New York state is shamefully high and will likely worsen if current economic trends continue. Half of the top six cities in the United States with the highest child poverty rates are in New York state, disproportionate- ly affecting communities and children of color. In New York city, nearly 1 in 4 children live in poverty. In Rochester and Buffalo, that number is even higher: 1 in 2 children live in poverty. The legislature hereby finds and declares that New Yorkers are unable to cover their basic necessities and support their families, particular- ly in the face of rising interest rates and inflation. Most notably, the cost of childcare, which already consumes a massive portion of family income, rose 41% during the pandemic, and the total cost of raising a child through high school has risen to more than $300,000, which is a $26,000 increase from five years ago and is likely to present a heavier burden for low-income parents and families for whom expenses such as food, housing, and gas comprise an even larger portion of their income. The legislature hereby finds and declares there is overwhelming evidence that the prenatal-to-three and early childhood development period are critical for a child's future prospects and affects their physical, mental, emotional and social outcomes over a lifetime. A program targeting infants in this formative phase would help break the intergenerational cycle of poverty rather than attempting to mitigate it later on, creating a positive impact on children's lives and saving government funds down the road. The legislature hereby finds and declares it is proven that unre- stricted cash is a direct and effective solution to alleviating poverty and meeting needs for families. This was shown on a national level with the overwhelming success of the expanded Child Tax Credit, which lifted millions of children out of poverty with its monthly payments and led to a 41% spike in child poverty the first month it expired. The unre- stricted cash intervention further proved how an investment in the earliest days of life can have multiplying effects: studies have found that a permanent expansion of the expanded Child Tax Credit would have generated 10 times as much revenue as it cost. New York state has recently made a commitment through the Child Poverty Reduction Act in December 2021 to reduce child poverty by 50% over the course of ten years, with the support of the Child Poverty Reduction Advisory Council, and there is an opportunity for unrestricted cash to support this goal and help the state reach its target. Therefore, the legislature hereby finds and declares that New York state has an opportunity and obligation to invest in its most vulnerable residents by leading the fight against childhood poverty, and toward an equitable economy for all, through a guaranteed income program for infants. § 3. Article 6 of the social services law is amended by adding a new title 4-C to read as follows: TITLE 4-C MOTHERS AND INFANTS LASTING CHANGE ("MILC") ALLOWANCE SECTION 409-O. MOTHERS AND INFANTS LASTING CHANGE ALLOWANCE. § 409-O. MOTHERS AND INFANTS LASTING CHANGE ALLOWANCE. 1. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE OFFICE SHALL, SUBJECT TO APPROPRIATION, ESTABLISH A MOTHERS AND INFANTS LASTING CHANGE ALLOWANCE PILOT PROGRAM TO SUPPORT LOW-INCOME FAMILIES FOR THREE MONTHS OF PREG- S. 8306--B 150 NANCY AND NINE MONTHS OF A CHILD'S LIFE. SUCH PILOT PROGRAM SHALL BE IN EFFECT FOR TWELVE MONTHS. 2. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL APPLY: (A) "LOCAL SOCIAL SERVICES DISTRICT" SHALL MEAN THE LOCAL SOCIAL SERVICES DISTRICT IN WHICH THE INDIVIDUAL PARTICIPATING IN THE MILC ALLOWANCE RESIDES. (B) "MOTHER" SHALL MEAN AN INDIVIDUAL WHO CARRIES A PREGNANCY AND BIRTHS A CHILD AND SUCH MOTHER AND CHILD ARE SELECTED FOR PARTICIPATION IN A PROGRAM PURSUANT TO THIS TITLE. (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST- ANCE. (D) "SURVEY" SHALL MEAN INFORMATION SOUGHT OR REQUIRED, VIA WRITING OR VERBAL COMMUNICATION, PURSUANT TO REGULATIONS PROMULGATED BY THE PROVISIONS OF THIS TITLE. (E) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO- RARY AND DISABILITY ASSISTANCE. 3. (A) THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS TITLE. (B) THE OFFICE, IN COORDINATION WITH LOCAL SOCIAL SERVICES DISTRICTS, SHALL DEVELOP CRITERIA THAT LOCAL SOCIAL SERVICES DISTRICTS SHALL USE TO SELECT A TOTAL OF ONE THOUSAND ELIGIBLE FAMILIES FOR PARTICIPATION IN THE PROGRAM. (C) ELIGIBLE INDIVIDUALS CHOSEN FOR PARTICIPATION IN THE PROGRAM SHALL RECEIVE A SUBSIDY OF ONE THOUSAND DOLLARS PER MONTH FOR THE LAST THREE MONTHS OF PREGNANCY AND THE FIRST NINE MONTHS OF A CHILD'S LIFE. (D) THE OFFICE SHALL ALLOCATE THE NECESSARY FUNDS TO LOCAL SOCIAL SERVICES DISTRICTS FOR SELECTED ELIGIBLE SELECTED PARTICIPANTS. (E) MONTHLY DISTRIBUTIONS SHALL BE MADE BY LOCAL SOCIAL SERVICES DISTRICTS ON THE FIRST OF EACH MONTH FOR THE DURATION OF THE PROGRAM TO THE ELIGIBLE SELECTED PARTICIPANTS. 4. ELIGIBLE PARTICIPANTS SHALL: (A) HAVE AN INCOME WHICH IS BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL. SUCH INCOME SHALL BE PROVEN BY PROVIDING ONE OF THE FOLLOWING: (I) A FILED STATE OR FEDERAL TAX RETURN FROM THE PREVIOUS YEAR; (II) A LETTER FROM AN EMPLOYER DOCUMENTING THE DATES OF WORK OF THE APPLICANT AND THE YEARLY PAY FROM THE EMPLOYER; (III) A W-2 OR 1099 FORM FROM THE PREVIOUS TAX YEAR; OR (IV) A WAGE NOTICE PROVIDED PURSUANT TO SECTION ONE HUNDRED NINETY- FIVE OF THE LABOR LAW THAT DOCUMENTS EMPLOYMENT FOR A PERIOD OF TIME WITHIN SIX MONTHS PRIOR TO THE DATE THE APPLICANT CERTIFIES THAT SUCH PERSON'S BECAME ELIGIBLE; (B) PARTICIPATE IN MONTHLY SURVEYS PROVIDED BY THE OFFICE OR LOCAL DISTRICTS PURSUANT TO REGULATIONS ISSUED BY THE OFFICE PURSUANT TO THIS TITLE; (C) REMAIN A RESIDENT OF THE STATE OF NEW YORK WHILE RECEIVING SUBSIDY PAYMENTS; AND (D) MEET ANY OTHER CRITERIA DEEMED NECESSARY BY THE OFFICE. 5. ALL MOTHERS SELECTED TO PARTICIPATE IN THE PROGRAM PURSUANT TO THIS TITLE SHALL BE PROVIDED, IN WRITING AND ORALLY, THE ELIGIBILITY CRITERIA AND ALL ONGOING REQUIREMENTS FOR PROGRAM PARTICIPATION. (A) SUCH NOTICE SHALL BE PROVIDED IN THE LANGUAGE IDENTIFIED BY THE PARTICIPANT MOTHER AS THEIR LANGUAGE OF PREFERENCE. (B) THE OFFICE SHALL ESTABLISH VIA REGULATIONS THE CRITERIA AND CIRCUMSTANCES UNDER WHICH ELIGIBLE PARTICIPANTS MAY BE DISCHARGED FROM S. 8306--B 151 THE PROGRAM ESTABLISHED PURSUANT TO THIS TITLE. ALL PARTICIPANTS SHALL BE PROVIDED WITH SUCH DISCHARGE CRITERIA IN THEIR PREFERRED LANGUAGE UPON ACCEPTANCE TO THE PROGRAM. 6. FOR PURPOSES OF PROVING RESIDENCE AS REQUIRED BY THIS TITLE ELIGI- BLE PARTICIPANTS MAY UTILIZE A DRIVER'S LICENSE, MOTOR VEHICLE ID CARD, IDNYC, OR OTHER NEW YORK MUNICIPAL OR COUNTY IDENTIFICATION CARD, A VALID PASSPORT, A CURRENTLY VALID LEASE, A UTILITY BILL ISSUED WITHIN THE PRIOR SIX MONTHS, OR ANY OTHER DOCUMENTATION AUTHORIZED BY THE COMMISSIONER. 7. OF THE ONE THOUSAND ELIGIBLE PARTICIPANTS: (A) SEVEN HUNDRED PARTICIPANTS SHALL RESIDE IN A CITY WITH A POPU- LATION OF ONE HUNDRED FORTY THOUSAND OR MORE; AND (B) THREE HUNDRED PARTICIPANTS SHALL RESIDE IN A RURAL AREA AS DEFINED IN SECTION TWENTY-NINE HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW. 8. THE OFFICE, IN COORDINATION WITH LOCAL SOCIAL SERVICES DISTRICTS, SHALL ASSIST ELIGIBLE PARTICIPANTS WITH ACCESS TO RESOURCES, SUBSIDY MANAGEMENT, AND ANYTHING ELSE DEEMED NECESSARY BY THE OFFICE. 9. THE OFFICE AND LOCAL SOCIAL SERVICES DISTRICTS SHALL CONDUCT A MONTHLY SURVEY TO DETERMINE THE IMPACT OF THE PROGRAM. THE OFFICE SHALL PREPARE AN INTERIM REPORT REGARDING THE FIRST SIX MONTHS OF THE PROGRAM WHICH SHALL BE COMPLETED BY THE TWELFTH MONTH OF THE PROGRAM AND A FINAL REPORT SHALL BE MADE NO LATER THAN SIX MONTHS AFTER THE COMPLETION OF THE TWELVE MONTH PROGRAM. 10. THE OFFICE SHALL SUBMIT THE INTERIM REPORT AND THE FINAL REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. § 4. Paragraph (a) of subdivision 8 of section 131-a of the social services law is amended by adding a new subparagraph (xiv) to read as follows: (XIV) ANY FINANCIAL ASSISTANCE RECEIVED BY INDIVIDUALS FROM THE MOTH- ERS AND INFANTS LASTING CHANGE ("MILC") ALLOWANCE. SUCH EXEMPTION AND DISREGARD SHALL BE APPLICABLE FOR THE LENGTH OF TIME THE INDIVIDUAL RECEIVES THE ALLOWANCE. THE COMMISSIONER SHALL SEEK FEDERAL WAIVER AUTHORITY TO DISREGARD THE INCOME FROM THE MOTHERS AND INFANTS LASTING CHANGE ("MILC") ALLOWANCE FOR THE PURPOSE OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. § 5. This act shall take effect immediately. PART CCC Section 1. The private housing finance law is amended by adding a new article 32 to read as follows: ARTICLE 32 NEW YORK HOUSING OPPORTUNITY CORPORATION ACT OF 2024 SECTION 1283. LEGISLATIVE FINDINGS. 1284. DEFINITIONS. 1285. NEW YORK HOUSING OPPORTUNITY CORPORATION. 1286. CORPORATION POWERS. 1287. IDENTIFICATION OF PROPERTY. 1288. LEASE OF PROPERTY. 1289. PUBLIC NOTIFICATION AND ENGAGEMENT. 1290. COMPLIANCE WITH BUILDING CODES AND ENVIRONMENTAL REVIEW, AND LOCAL ORDINANCES. 1291. RENTAL AND OWNERSHIP PROJECT REQUIREMENTS. 1292. SUPERVISION AND REGULATION. S. 8306--B 152 1293. CONSTRUCTION AND OPERATION. 1294. ANNUAL REPORTS. 1295. NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND. 1296. NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND. 1297. DESIGNATION OF AND SERVICE OF PROCESS ON SECRETARY OF STATE AND REGISTERED AGENT. 1298. JURISDICTION; COURTS; VENUE. § 1283. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THERE EXISTS IN MUNICIPALITIES IN THIS STATE A SERIOUSLY INADEQUATE SUPPLY OF SAFE AND AFFORDABLE HOUSING FOR FAMILIES AND INDI- VIDUALS. THERE IS ALSO AN INADEQUATE SUPPLY OF HOUSING FOR PERSONS OF LOW, MODERATE, AND MIDDLE INCOMES, RESULTING IN INCREASING LOSS OF POPU- LATION, AS WELL AS UNSUSTAINABLY HIGH RENTS AND PURCHASE PRICES OF QUAL- ITY HOUSING STOCK. THESE CONDITIONS ARE DUE, IN LARGE MEASURE, TO LACK OF HOUSING SUPPLY AND THE DIFFICULTY OF THE PRIVATE MARKET TO CREATE HOUSING AFFORDABLE TO MANY LOW, MODERATE, AND MIDDLE-INCOME RESIDENTS WITHIN THIS STATE. SUCH CONDITIONS CONSTITUTE A HOUSING CRISIS AND CREATE UNCONSCIONABLE SCARCITY OF QUALITY AFFORDABLE HOUSING FOR THE CITIZENS OF THIS STATE, NECESSITATING SPEEDY RELIEF. THE CURRENT CONDI- TIONS OF THE HOUSING AND RENTAL MARKETS WITHIN THIS STATE DEMONSTRATE SUCH RELIEF CANNOT READILY BE PROVIDED BY THE ORDINARY UNAIDED OPERATION OF PRIVATE ENTERPRISE AND REQUIRE THAT PROVISIONS BE MADE BY WHICH PRIVATE FREE ENTERPRISE MAY BE ENCOURAGED TO INVEST IN PROVIDING HOUSING FACILITIES AND OTHER FACILITIES INCIDENTAL THERETO FOR FAMILIES OR PERSONS OF LOW, MODERATE, AND MIDDLE INCOMES. IT IS NECESSARY THAT PROVISION BE MADE FOR PARTICIPATION BY THE STATE, ITS MUNICIPALITIES AND THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL IN THE FINANCING OF SUCH HOUSING, FOR THE ACQUISITION BY SUCH COMPANIES OF REAL PROPERTY REQUIRED FOR SUCH PURPOSES AND FOR PUBLIC ASSISTANCE TO SUCH COMPANIES IN PROVIDING FINANCING FOR CONSTRUCTION. THE COOPERATION OF THE STATE, ITS SUBDIVISIONS AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL IS NECESSARY TO ACCOMPLISH SUCH PURPOSES; THAT THE PROVISION OF SUCH SAFE AND AFFORDABLE HOUSING ACCOMMODATIONS BY SUCH COMPANIES JOINT- LY OR SEVERALLY ARE PUBLIC USES AND PURPOSES FOR WHICH PUBLIC MONEY MAY BE LOANED AND PRIVATE PROPERTY MAY BE ACQUIRED BY AND FOR SUCH COMPA- NIES; THAT SUCH CONDITIONS REQUIRE THE CREATION OF THE COMPANIES HEREIN- AFTER PRESCRIBED FOR THE PURPOSE OF ATTAINING THE ENDS HEREIN RECITED; AND THE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS HEREINAFTER ENACTED IS HEREBY DECLARED AS A MATTER OF LEGISLATIVE DETERMINATION. § 1284. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "COMMISSIONER" SHALL MEAN THE STATE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. 2. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. 3. "LOCAL LEGISLATIVE BODY" (A) IN A CITY, SUCH TERM SHALL MEAN THE BOARD OF ALDERMEN, COMMON COUNCIL, COUNCIL, COMMISSION OR OTHER BOARD OR BODY NOW OR HEREAFTER VESTED BY ITS CHARTER OR OTHER LAW WITH JURISDIC- TION TO ENACT ORDINANCES OR LOCAL LAWS, EXCEPT THAT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AS TO SUCH CITY, THE TERM SHALL MEAN THE OFFICER OR AGENCY VESTED WITH POWER UNDER THE CHARTER OF SUCH CITY, OR BY OTHER LAW, TO ACT PURSUANT TO THIS CHAPTER; (B) IN A TOWN SUCH TERM SHALL MEAN THE TOWN BOARD; (C) IN A VILLAGE SUCH TERM SHALL MEAN THE BOARD OF TRUSTEES. S. 8306--B 153 4. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A ONE HUNDRED YEAR FLOODPLAIN, AND WAS NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES OR FORESTRY AS OF THE EFFECTIVE DATE OF THIS ARTICLE. 5. "DISABLED PERSON" SHALL MEAN A PERSON WHO HAS AN IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOGICAL OR PSYCHOLOGICAL CONDITIONS, OTHER THAN ADDICTION TO ALCOHOL, GAMBLING, OR ANY CONTROLLED SUBSTANCE, WHICH IS DEMONSTRATED BY MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES AND WHICH IS EXPECTED TO BE PERMANENT AND TO SUBSTANTIALLY LIMIT ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES. 6. "SENIOR CITIZEN" SHALL MEAN A PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER. 7. "CORPORATION" SHALL MEAN THE NEW YORK HOUSING OPPORTUNITY CORPO- RATION, AS ESTABLISHED IN SECTION TWELVE HUNDRED EIGHTY-FIVE OF THIS ARTICLE. 8. "LESSEE" SHALL MEAN THE PARTY WHICH HAS ENTERED INTO A CONTRACT WITH THE CORPORATION OR THE DIVISION FOR THE PURPOSE OF DEVELOPING HOUS- ING ON STATE-OWNED LAND PURSUANT TO THIS ARTICLE. 9. "HOUSING CORPORATION" SHALL MEAN ANY HOUSING COOPERATIVE CREATED PURSUANT TO THIS ARTICLE FOR THE PURPOSES OF DEVELOPING AND MAINTAINING AFFORDABLE HOUSING ON STATE-OWNED LAND. 10. "RENTAL PROJECT" SHALL MEAN A RENTAL MULTIPLE DWELLING CREATED PURSUANT TO THIS ARTICLE. 11. "OWNERSHIP PROJECT" SHALL MEAN A COOPERATIVE HOUSING DEVELOPMENT CONSISTING OF MULTIPLE DWELLINGS CREATED PURSUANT TO THIS ARTICLE. 12. "MANAGING AGENT" SHALL MEAN A PERSON WHO EXERCISES CONTROL OVER THE ASSETS OF AN OWNERSHIP OR RENTAL PROJECT. § 1285. NEW YORK HOUSING OPPORTUNITY CORPORATION. 1. THERE IS HEREBY ESTABLISHED A PUBLIC BENEFIT CORPORATION KNOWN AS THE "NEW YORK HOUSING OPPORTUNITY CORPORATION" AS A SUBSIDIARY CORPORATION OF THE DIVISION. 2. THE DIVISION MAY TRANSFER TO SUCH SUBSIDIARY CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY IN ORDER TO CARRY OUT THE PURPOSES OF SECTION TWELVE HUNDRED NINETY-TWO OF THIS ARTICLE. SUCH SUBSIDIARY CORPORATION SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX EXEMPTION AND OTHER EXEMPTIONS OF THE CORPORATION TO THE EXTENT THE SAME ARE NOT INCONSIST- ENT WITH THIS SECTION. 3. THE BOARD OF DIRECTORS OF SUCH SUBSIDIARY CORPORATION SHALL CONSIST OF THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL, THE DIRECTOR OF THE BUDGET, THE COMMISSIONER OF TAXATION AND FINANCE, ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY. IN ADDITION, THERE SHALL BE FOUR MEMBERS TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. THE POWERS OF SUCH SUBSIDIARY CORPORATION SHALL BE VEST- ED IN AND EXERCISED BY NO LESS THAN SIX OF ITS MEMBERS THEREOF THEN IN OFFICE. THE SUBSIDIARY CORPORATION MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER. THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL SERVE AS THE PRESIDENT AND CHAIRPERSON OF THE CORPORATION. 3-A. THE CHAIRPERSON OF THE CORPORATION MAY APPOINT AN OFFICER OR EMPLOYEE OF THE CORPORATION TO REPRESENT THE CHAIRPERSON AT ALL MEETINGS OF THE CORPORATION FROM WHICH THE CHAIRPERSON MAY BE ABSENT. ANY SUCH REPRESENTATIVE SO DESIGNATED SHALL HAVE THE POWER TO ATTEND AND TO VOTE AT ANY MEETING OF THE CORPORATION FROM WHICH THE CHAIRPERSON OF THE CORPORATION IS ABSENT WITH THE SAME FORCE AND EFFECT AS IF THE CHAIR- S. 8306--B 154 PERSON OF THE CORPORATION WERE PRESENT AND VOTING. SUCH DESIGNATION SHALL BE BY WRITTEN NOTICE FILED WITH THE CHAIRPERSON OF THE CORPO- RATION. THE DESIGNATION OF SUCH PERSON SHALL CONTINUE UNTIL REVOKED AT ANY TIME BY WRITTEN NOTICE TO SUCH CHAIRPERSON. SUCH DESIGNATION SHALL NOT BE DEEMED TO LIMIT THE POWER OF THE CHAIRPERSON OF THE CORPORATION TO ATTEND AND VOTE AT ANY MEETING OF THE CORPORATION. 4. NO OFFICER OR MEMBER OF THE CORPORATION SHALL RECEIVE ANY ADDI- TIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES, BY REASON OF SERVING AS A MEMBER, DIRECTOR, OR TRUSTEE OF SUCH SUBSIDIARY CORPORATION. 5. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR OF ANY CIVIL DIVISION THEREOF, OR ANY PUBLIC BENEFIT CORPORATION, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT THEIR OFFICE OR EMPLOYMENT BY REASON OF ACCEPTANCE OF MEMBERSHIP ON THE CORPORATION CREATED BY THIS SECTION. 6. THE FISCAL YEAR OF SUCH SUBSIDIARY CORPORATION SHALL BEGIN WITH THE FIRST DAY OF APRIL OF EACH YEAR AND END WITH THE NEXT FOLLOWING THIRTY- FIRST DAY OF MARCH. 7. THE CORPORATION SHALL HAVE THE POWER TO: (A) SUE AND BE SUED; (B) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (C) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY AND FACILITIES; (D) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP- TER; (E) ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS CORPORATE PURPOSES; (F) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE; (G) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ERS AS IT DEEMS DESIRABLE; AND (H) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR- IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. 8. THE CORPORATION WILL ENCOURAGE THE CREATION OF LOCAL HOUSING PART- NERSHIPS; SUCH PARTNERSHIPS MAY INCLUDE BUT NOT BE LIMITED TO MEMBERS OF THE BUSINESS COMMUNITY, THE FINANCIAL COMMUNITY, HOUSING DEVELOPERS, BUILDERS, NOT-FOR-PROFIT ORGANIZATIONS AND COMMUNITY LEADERS WHO ARE COMMITTED TO THE DEVELOPMENT OF LOW, MODERATE, AND MIDDLE-INCOME HOUSING WITHIN SUCH COMMUNITY. 9. THE CORPORATION WILL FACILITATE THE COORDINATION OF LOCAL HOUSING PARTNERSHIPS AND EXISTING STATE, FEDERAL AND LOCAL PROGRAMS WHICH PROMOTE THE DEVELOPMENT OF LOW, MODERATE, AND MIDDLE-INCOME HOUSING. 10. THE CORPORATION IS A PUBLIC HOUSING AGENCY AS DEFINED IN THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, AND MAY RECEIVE AND ADMINISTER FUNDS INCLUDING BUT NOT LIMITED TO SUBSIDIES, LOANS AND FEES MADE AVAILABLE THROUGH FEDERAL PROGRAMS UNDER SUCH ACT. S. 8306--B 155 (A) THE CORPORATION SHALL BE THE SOLE ENTITY WITH AUTHORITY IN THE STATE TO UNDERTAKE ANY STATEWIDE OR REGIONAL MULTI-STATE CONTRACT FOR PERFORMANCE BASED ANNUAL CONTRIBUTIONS CONTRACT ADMINISTRATION ISSUED UNDER AUTHORITY GRANTED IN 42 U.S.C. SECTION 1437F OR ANY REPLACEMENT OR SUCCESSOR PROGRAM OR CONTRACT, WHETHER CALLED AN ANNUAL CONTRIBUTIONS CONTRACT OR OTHER NAME, THAT REQUIRES SUBSTANTIALLY THE SAME ADMINIS- TRATION OR SUPPORT SERVICES OFFERED NATIONALLY, REGIONALLY OR STATEWIDE. THE CORPORATION MAY IN ITS DISCRETION SUBCONTRACT SUCH ACTIVITIES AS IT MAY REQUIRE. THE DIVISION SHALL BE THE ENTITY RESPONSIBLE FOR SUCH STATEWIDE OR REGIONAL MULTI-STATE CONTRACT ADMINISTRATION WITH ALL POWERS AND RESPONSIBILITIES WHICH WOULD OTHERWISE BE AVAILABLE TO THE CORPORATION IN THE EVENT THE CORPORATION IS UNABLE OR UNWILLING TO ACT AS SUCH ENTITY. (B) THE POWERS VESTED IN THE CORPORATION AND THE DIVISION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ARE COINCIDENT TO THE POWERS OF ANY MUNICIPAL OR OTHER LOCAL PUBLIC HOUSING AGENCY OR PUBLIC HOUSING AUTHOR- ITY OPERATING WITHIN THE STATE ON THE EFFECTIVE DATE OF THIS PARAGRAPH. 11. THE DIVISION AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPO- RATIONS MAY RENDER SUCH SERVICES TO THE CORPORATION WITHIN THEIR RESPEC- TIVE FUNCTIONS AS MAY BE REQUESTED BY THE CORPORATION. 12. NOTWITHSTANDING THE PROVISIONS OF ARTICLE ONE-A OF THE PUBLIC AUTHORITIES LAW, CONTRACTS ENTERED INTO BY THE CORPORATION PURSUANT TO ARTICLES EIGHTEEN AND EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE SUBJECT TO THE PROVISIONS OF ARTICLE ONE-A OF THE PUBLIC AUTHORITIES LAW. § 1286. CORPORATION POWERS. 1. SUBJECT TO THE LIMITATIONS OF THIS ARTICLE, THE CORPORATION SHALL HAVE THE POWERS AND BE SUBJECT TO THE LIMITATIONS CONTAINED IN THE BUSINESS CORPORATION LAW OR THE NOT-FOR- PROFIT CORPORATION LAW, AS THE CASE MAY BE, AND SHALL HAVE THE FOLLOWING ADDITIONAL SPECIFIC POWERS: (A) TO MAKE AND EXECUTE CONTRACTS AND OTHER INSTRUMENTS NECESSARY OR CONVENIENT IN THE EXERCISE OF ITS POWERS; (B) TO ACQUIRE OR CONTRACT TO ACQUIRE FROM ANY PERSON, FIRM, CORPO- RATION, MUNICIPALITY, FEDERAL OR STATE AGENCY, BY GRANT, PURCHASE, CONDEMNATION OR OTHERWISE, LEASEHOLDS, REAL, PERSONAL OR MIXED PROPERTY OR ANY INTEREST THEREIN, AND TO SELL, ASSIGN, EXCHANGE, TRANSFER, MORT- GAGE OR ENCUMBER THE SAME; (C) TO OWN, HOLD, CLEAR AND IMPROVE, LEASEHOLD, REAL, PERSONAL OR MIXED PROPERTY OR ANY INTEREST THEREIN; (D) TO CONSTRUCT, RECONSTRUCT, REHABILITATE, IMPROVE, ALTER OR REPAIR OR PROVIDE FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, ALTERATION OR REPAIR OF ANY PROJECT; (E) TO LEASE OR RENT ANY OF THE HOUSING OR OTHER ACCOMMODATIONS OR ANY OF THE LANDS, BUILDINGS, STRUCTURES OR FACILITIES EMBRACED IN ANY PROJECT AND ESTABLISH AND REVISE THE RENTS OR CHARGES THEREFOR; OR TO PURCHASE OR LEASE A PROJECT OR A PART THEREOF FROM AN AUTHORITY. (F) TO ARRANGE OR CONTRACT WITH A MUNICIPALITY FOR THE PLANNING, REPLANNING, OPENING, GRADING OR CLOSING OF STREETS, ROADS, ROADWAYS, ALLEYS OR OTHER PLACES OR FOR THE FURNISHING OF FACILITIES OR FOR THE ACQUISITION BY A MUNICIPALITY OF PROPERTY OR PROPERTY RIGHTS OR FOR THE FURNISHING OF PROPERTY OR SERVICES IN CONNECTION WITH A PROJECT; (G) TO INSURE OR PROVIDE FOR THE INSURANCE OF ITS PROPERTY OR OPER- ATIONS AS REQUIRED BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS IT MAY DEEM ADVISABLE; (H) TO LIMIT BY CONTRACT THE EXERCISE OF ANY OF ITS POWERS; S. 8306--B 156 (I) TO INVEST ANY FUNDS HELD IN RESERVES OR SINKING FUNDS, OR ANY FUNDS NOT REQUIRED FOR IMMEDIATE DISBURSEMENT IN PROPERTY OR SECURITIES IN WHICH SAVINGS BANKS MAY LEGALLY INVEST FUNDS SUBJECT TO THEIR CONTROL; (J) TO SUE AND BE SUED; (K) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (L) TO MAKE AND FROM TIME TO TIME AMEND AND REPEAL BY-LAWS, RULES AND REGULATIONS NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE; (M) TO SELL, LEASE, OR OTHERWISE CONVEY ALL OR ANY PART OF A PROJECT TO AN AUTHORITY UPON SUCH TERMS AND CONDITIONS AS SHALL HAVE THE PRIOR APPROVAL OF THE COMMISSIONER, AS THE CASE MAY BE; (N) TO LEASE TO ANY AUTHORITY, OR TO A MUNICIPALITY IN CONNECTION WITH ANY FEDERALLY-AIDED PROGRAM TO PROVIDE DWELLING ACCOMMODATIONS FOR INCOME ELIGIBLE APPLICANTS, ONE OR MORE DWELLING UNITS IN A PROJECT UPON SUCH TERMS AND CONDITIONS AS SHALL HAVE THE PRIOR WRITTEN APPROVAL OF THE COMMISSIONER, AS THE CASE MAY BE; (O) TO LEASE, WITH OR WITHOUT AN OPTION TO PURCHASE, ALL OR ANY PART OF A PROJECT TO ANY PERSON, FIRM, PARTNERSHIP, TRUST OR CORPORATION, SUBJECT TO THE PRIOR WRITTEN CONSENT OF THE COMMISSIONER, AS THE CASE MAY BE. ANY PROPERTY SO LEASED SHALL REMAIN SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND TO THE RULES AND REGULATIONS OF THE COMMISSIONER, AS THE CASE MAY BE. SUCH LEASE MAY PROVIDE FOR THE ASSUMPTION BY THE LESSEE OF THE MANAGEMENT AND CONTROL OF THE PROJECT, AS WELL AS THE RIGHT OF THE LESSEE TO COLLECT ALL REVENUES ACCRUING THERETO; (P) TO ISSUE PAYMENTS IN LIEU OF TAXES; (Q) TO DO ALL OTHER THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS POWERS. 2. THE CORPORATION SHALL FILE WITH THE COMMISSIONER, AS THE CASE MAY BE, A COPY OF ANY BY-LAWS, RULES, REGULATIONS AND AMENDMENTS THERETO ADOPTED BY IT FROM TIME TO TIME, WHICH SHALL BECOME EFFECTIVE UPON APPROVAL BY THE COMMISSIONER; PROVIDED, HOWEVER, THAT IF THE COMMISSION- ER SHALL FAIL TO APPROVE OR DISAPPROVE SUCH PROPOSED BY-LAWS WITHIN THREE MONTHS AFTER SUCH FILING, SUCH BY-LAWS SHALL BECOME EFFECTIVE UPON THE EXPIRATION OF SUCH THREE MONTH PERIOD. THESE BY-LAWS, RULES, REGU- LATIONS AND AMENDMENTS SHALL CONTAIN SUCH PROVISIONS RELATING TO THE MANAGEMENT OF ITS BUSINESS, THE REGULATION OF ITS AFFAIRS, THE CALLING OF MEETINGS, THE MANNER OF SELECTION OF OFFICERS AND TRUSTEES AND SUCH OTHER PROVISIONS AS MAY BE REASONABLE AND NECESSARY. 3. NOTWITHSTANDING THE PROVISIONS OF ANY LAW, GENERAL OR SPECIAL, LESSEE MAY, WITH THE APPROVAL OF THE COMMISSIONER, AS THE CASE MAY BE, REQUIRE A STANDARD FORM AND PROCEDURE FOR THE CASTING OF PROXIES OR ABSENTEE BALLOTS IN ANY MATTER REQUIRING A SHAREHOLDER VOTE. 4. NOTWITHSTANDING THE PROVISIONS OF ANY LAW, GENERAL OR SPECIAL, THE CORPORATION CREATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL: (A) HOLD AT LEAST FOUR MEETINGS OF THE BOARD OF DIRECTORS ANNUALLY. SUCH MEETINGS SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THEY MAY INCLUDE EXECUTIVE SESSIONS OPEN ONLY TO DIRECTORS FOR THE SOLE PURPOSE OF DISCUSSING CONFIDENTIAL PERSONNEL ISSUES, LEGAL ADVICE AND COUNSEL FROM AN ATTORNEY TO WHOM THE CORPORATION IS A CLIENT, OR CONFIDENTIAL ISSUES AFFECTING INDIVIDUAL SHAREHOLDERS OR RESIDENTS, OR CONTRACT NEGOTIATION. ANY SUCH BOARD OF DIRECTORS MEETINGS HELD IN ADDITION TO THE MINIMUM NUMBER OF FOUR AS REQUIRED BY THIS SECTION SHALL BE OPEN TO THE PUBLIC, AND SUBJECT TO THE AFOREMENTIONED EXCEPTION REGARDING EXECUTIVE SESSIONS. (B) MAINTAIN A RECORD OF ANY VOTE ON A RESOLUTION OF SUCH BOARD, INCLUDING SPECIFICATION OF HOW EACH DIRECTOR VOTED. SUCH RECORD SHALL BE S. 8306--B 157 A MATTER OF PUBLIC RECORD WHICH WILL BE MADE AVAILABLE AS A PAPER COPY AT THE REQUEST OF A SHAREHOLDER AND WILL ALSO BE POSTED ON A WEBSITE THAT IS PUBLICLY ACCESSIBLE MAINTAINED BY THE BOARD OF DIRECTORS, PROVIDED HOWEVER, THAT THERE MAY BE REDACTIONS TO THE EXTENT MINUTES WOULD REFLECT THE DISCUSSIONS HELD IN EXECUTIVE SESSION. § 1287. IDENTIFICATION OF PROPERTY. 1. FOR A PERIOD OF SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH EACH EXECUTIVE AGENCY AND PUBLIC BENEFIT CORPORATION OR AUTHORITY ESTABLISHED PURSUANT TO STATE LAW SHALL, FOR THE PURPOSE OF LOCATING SITES TO FURTHER THE GOAL OF CREATING HOUSING WITHIN THE STATE FOR LOW, MODERATE, AND MIDDLE-INCOME PERSONS, SURVEY ITS JURISDICTION TO DETERMINE THE EXISTENCE AND LOCATION OF UNUSED OR UNDERUTILIZED PARCELS OF REAL PROPERTY CONTAINING PREVIOUS- LY DISTURBED LAND, AS WELL AS BUILDINGS AND STRUCTURES CURRENTLY NOT IN USE AND IN THE CONTROL AND POSSESSION OF THE STATE OF NEW YORK AND ANY PUBLIC BENEFIT CORPORATIONS AND PUBLIC AUTHORITIES ESTABLISHED PURSUANT TO STATE LAW. 2. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE EXECUTIVE AGENCIES SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE COMMISSIONER CATALOGING THE SITES IDENTIFIED PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THE REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE LOCATION, CONDI- TION, AND STATUS OF ALL IDENTIFIED REAL PROPERTY, INCLUDING BUILDINGS. IN CONSULTATION WITH THE DIVISION AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE REPORT SHALL CONTAIN AN ASSESSMENT OF WHETHER A PARCEL CAN BE DEVELOPED FOR THE PURPOSES OF HOUSING. THE COMMISSIONER OF GENER- AL SERVICES MAY, FROM TIME TO TIME, UPDATE THIS REPORT TO REFLECT CHANG- ES IN THE PARCELS INCLUDED AND FURNISH A COPY OF THE REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE COMMISSIONER. 3. THE CORPORATION, IN CONSULTATION WITH THE DIVISION, SHALL MAKE AVAILABLE FOR LEASE SITES IDENTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION THROUGH A REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF AFFORDA- BLE HOUSING AND OTHER MIXED USES INCLUDING COMMUNITY AMENITIES. IN EVAL- UATING THE PROPOSALS, THE CORPORATION SHALL EVALUATE WHETHER THE APPLI- CANT AFFIRMATIVELY FURTHERS FAIR HOUSING, IS ENGAGING IN A SOUND AND EFFICIENT USE OF STATE RESOURCES, PROVIDES HOUSING FOR A RANGE OF INCOMES-- LOW, MODERATE, AND MIDDLE, AND SERVES THE INTERESTS OF THE SURROUNDING COMMUNITY. THE REQUEST FOR PROPOSAL SHALL BE POSTED ON THE DIVISION'S WEBSITE FOR A PERIOD OF NO LESS THAN NINETY DAYS. THE CORPO- RATION SHALL NOTIFY ALL APPLICANTS IN WRITING OF ITS DECISION WITHIN THIRTY DAYS OF SELECTING A PROPOSAL. 4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE CORPO- RATION SHALL NOT BE EMPOWERED TO UNDERTAKE THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF A PROJECT UNLESS THE CORPORATION FINDS: (A) THAT THERE EXISTS, IN THE AREA IN WHICH THE PROJECT IS TO BE LOCATED, OR IN AN AREA REASONABLY ACCESSIBLE TO SUCH AREA, A NEED FOR SAFE AND SANITARY HOUSING ACCOMMODATIONS FOR PERSONS OR FAMILIES OF LOW, MODERATE, OR MIDDLE INCOME, WHICH THE OPERATIONS OF PRIVATE ENTERPRISE CANNOT PROVIDE; (B) THE PROJECT AFFIRMATIVELY FURTHERS FAIR HOUSING; (C) THE PROJECT ENGAGES IN A SOUND AND EFFICIENT USE OF STATE RESOURCES; S. 8306--B 158 (D) THE PROJECT PROVIDES HOUSING FOR PERSONS AND FAMILIES OF A RANGE OF INCOMES-- LOW, MODERATE, AND MIDDLE; AND (E) THE PROJECT WILL NOT CAUSE HARM TO THE HEALTH AND SAFETY OF THE SURROUNDING COMMUNITY. § 1288. LEASE OF PROPERTY. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS HEREBY AUTHORIZED, WITHOUT ANY PUBLIC BIDDING, TO LEASE AND OTHERWISE CONTRACT TO MAKE AVAILABLE TO A LESSEE, AS DEFINED IN THIS ARTICLE, REAL PROPERTY AND EXISTING STRUCTURES FOR THE PURPOSE OF DEVELOPING, CONSTRUCTING, MAINTAINING AND OPERATING AFFORDABLE HOUSING. SUCH LEASE OR CONTRACT SHALL BE FOR A PERIOD NOT EXCEEDING NINETY-NINE YEARS WITH- OUT ANY FEE SIMPLE CONVEYANCE AND OTHERWISE UPON TERMS AND CONDITIONS DETERMINED BY THE COMMISSIONER OF GENERAL SERVICES IN CONSULTATION WITH THE DIVISION, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE ATTORNEY GENERAL AND THE STATE COMPTROLLER. IN THE EVENT THAT THE REAL PROPERTY THAT IS THE SUBJECT OF SUCH LEASE OR CONTRACT SHALL CEASE TO BE USED FOR THE PURPOSE DESCRIBED IN THIS ARTICLE, SUCH LEASE OR CONTRACT SHALL IMMEDIATELY AND AUTOMATICALLY TERMINATE AND THE REAL PROPERTY AND ANY IMPROVEMENTS THEREON SHALL REVERT TO THE CORPO- RATION. ANY LEASE OR CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL PROVIDE THAT THE REAL PROPERTY THAT IS THE SUBJECT OF SUCH LEASE OR CONTRACT AND ANY IMPROVEMENTS THEREON SHALL REVERT TO THE CORPORATION ON THE EXPIRATION OF SUCH CONTRACT OR LEASE. 2. ANY CONTRACT OR LEASE ENTERED INTO PURSUANT TO THIS ACT SHALL BE DEEMED TO BE A STATE CONTRACT FOR PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, AND ANY CONTRACTOR, SUBCONTRACTOR, LESSEE OR SUBLESSEE ENTERING INTO SUCH CONTRACT OR LEASE FOR THE CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTER- ATION OR IMPROVEMENT AUTHORIZED PURSUANT TO THIS ACT SHALL BE DEEMED A STATE AGENCY FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE. 3. WITHOUT LIMITING THE DETERMINATION OF THE TERMS AND CONDITIONS OF SUCH CONTRACTS OR LEASES, SUCH TERMS AND CONDITIONS MAY PROVIDE FOR LEASING, SUBLEASING, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, OPERATION AND MANAGEMENT OF AND PROVISION OF SERVICES AND ASSISTANCE AND THE GRANTING OF LICENSES, EASEMENTS AND OTHER ARRANGE- MENTS WITH REGARD TO SUCH GROUNDS AND FACILITIES BY THE GROUND LESSEE, AND PARTIES CONTRACTING WITH THE GROUND LESSEE, AND IN CONNECTION WITH SUCH ACTIVITIES, THE OBTAINING OF FUNDING OR FINANCING. 4. SUCH LEASE SHALL INCLUDE AN INDEMNITY PROVISION WHEREBY THE LESSEE OR SUBLESSEE PROMISES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE LESSOR AGAINST ALL CLAIMS, SUITS, ACTIONS, AND LIABILITY TO ALL PERSONS ON THE LEASED PREMISES, INCLUDING TENANTS, SHAREHOLDERS, SHAREHOLDERS' TENANTS AGENTS, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, CUSTOMERS, GUESTS, LICENSEES, INVITEES AND MEMBERS OF THE PUBLIC, FOR DAMAGE TO ANY SUCH PERSON'S PROPERTY, WHETHER REAL OR PERSONAL, OR FOR PERSONAL INJURIES ARISING OUT OF A LESSEE'S USE OR OCCUPATION OF THE DEMISED PREMISES. § 1289. PUBLIC NOTIFICATION AND ENGAGEMENT. 1. IN EFFECTUATING THE PURPOSES OF THIS ARTICLE, THE CORPORATION SHALL WORK CLOSELY, CONSULT AND COOPERATE WITH LOCAL ELECTED OFFICIALS AND COMMUNITY LEADERS AT THE EARLIEST PRACTICABLE TIME. THE CORPORATION SHALL GIVE PRIMARY CONSIDER- ATION TO LOCAL NEEDS AND DESIRES AND SHALL FOSTER LOCAL INITIATIVE AND PARTICIPATION IN CONNECTION WITH THE PLANNING AND DEVELOPMENT OF ITS PROJECTS. CONSIDERATION SHALL ALSO BE GIVEN TO LOCAL AND REGIONAL GOALS AND POLICIES FOR THE CREATION OF LOW, MODERATE, AND MIDDLE-INCOME HOUS- ING. S. 8306--B 159 (A) THERE SHALL BE WRITTEN NOTIFICATION TO ALL STATE AND LOCAL OFFI- CIALS WHOSE JURISDICTIONS INCLUDE THE PROJECT SITE WITHIN THIRTY DAYS OF A PROPOSAL BEING SELECTED. (B) THE COMMISSIONER SHALL MAKE THEMSELVES AVAILABLE FOR A PERIOD OF NO FEWER THAN THIRTY DAYS AFTER THE DISPATCH OF WRITTEN NOTIFICATION IN ORDER TO BRIEF STATE AND LOCAL OFFICIALS ABOUT THE PROPOSED SITE AND TO COLLECT FEEDBACK ABOUT THE SITE. 2. BEFORE COMMENCING THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, ALTERATION OR IMPROVEMENT OF ANY PROJECT: (A) THE CORPORATION MUST FILE A COPY OF THE PROJECT PLAN IN ITS CORPO- RATE OFFICES AND IN THE OFFICE OF THE CLERK OF ANY MUNICIPALITY IN WHICH THE PROJECT IS TO BE LOCATED. (B) UPON REQUEST, ANY OTHER PERSON SHALL BE FURNISHED WITH A DIGEST OF SUCH PLAN; (C) THE CORPORATION SHALL: (I) PUBLISH IN ONE NEWSPAPER OF GENERAL CIRCULATION WITHIN THE MUNICIPALITY, (II) PROVIDE TO THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY WITHIN WHICH THE PROJECT IS LOCATED, AND (III) IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE, PROVIDE TO ANY COMMUNITY BOARD IN WHICH THE PROJECT WILL BE LOCATED, A NOTICE THAT SUCH PLAN WILL BE FILED UPON ITS ADOPTION BY THE CORPORATION AND THAT DIGESTS THEREOF WILL BE AVAILABLE, WHICH NOTICE SHALL ALSO STATE THAT A PUBLIC HEARING WILL BE HELD TO CONSIDER THE PLAN AT A SPECIFIED TIME AND PLACE ON A DATE NOT LESS THAN TEN DAYS AFTER SUCH PUBLICATION. (D) THE CORPORATION SHALL CONDUCT A PUBLIC HEARING PURSUANT TO SUCH NOTICE, PROVIDED THAT SUCH PUBLIC HEARING SHALL NOT TAKE PLACE BEFORE THE ADOPTION OR THE FILING OF SUCH PLAN BY THE CORPORATION. (E) UPON A WRITTEN FINDING OF THE CORPORATION THAT NO SUBSTANTIVE NEGATIVE TESTIMONY OR COMMENT HAS BEEN RECEIVED AT SUCH PUBLIC HEARING, SUCH PLAN SHALL BE EFFECTIVE AT THE CONCLUSION OF SUCH HEARING; PROVIDED, HOWEVER, THAT IF ANY SUBSTANTIVE NEGATIVE TESTIMONY OR COMMENT IS RECEIVED AT SUCH PUBLIC HEARING, THE CORPORATION MAY, AFTER DUE CONSIDERATION OF SUCH TESTIMONY AND COMMENT, AFFIRM, MODIFY OR WITHDRAW THE PLAN IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN IN PARAGRAPH (A) OF THIS SUBDIVISION. 3. AFTER CONSULTATION WITH LOCAL OFFICIALS, AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, THE CORPORATION AND ANY SUBSIDIARY THEREOF SHALL, IN CONSTRUCTING, RECONSTRUCTING, REHABILITATING, ALTERING OR IMPROVING ANY PROJECT, COMPLY WITH THE REQUIREMENTS OF LOCAL LAWS, ORDINANCES, CODES, CHARTERS OR REGULATIONS APPLICABLE TO SUCH CONSTRUCTION, RECON- STRUCTION, REHABILITATION, ALTERATION OR IMPROVEMENT, PROVIDED HOWEVER, THAT WHEN, IN THE DISCRETION OF THE CORPORATION, SUCH COMPLIANCE IS NOT FEASIBLE OR PRACTICABLE, THE CORPORATION AND ANY SUBSIDIARY THEREOF SHALL COMPLY WITH THE REQUIREMENTS OF THE STATE BUILDING CONSTRUCTION CODE, FORMULATED BY THE STATE BUILDING CODE COUNCIL PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE LAW, APPLICABLE TO SUCH CONSTRUCTION, RECON- STRUCTION, REHABILITATION, ALTERATION OR IMPROVEMENT. IN THOSE CIRCUM- STANCES WHERE, IN THE DISCRETION OF THE CORPORATION, SUCH COMPLIANCE WITH LOCAL LAWS, ORDINANCES, CODES, CHARTERS OR REGULATIONS IS NOT FEASIBLE OR PRACTICABLE THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION SHALL BE COMPLIED WITH; PROVIDED, HOWEVER, THAT (A) THE CORPO- RATION SHALL PROVIDE A COPY OF THE PLAN TO THE CHIEF EXECUTIVE OFFICER OF ANY MUNICIPALITY WITHIN WHICH THE PROJECT IS TO BE LOCATED, THE CHAIRPERSON OF THE PLANNING BOARD OR COMMISSION OF ANY SUCH MUNICI- PALITY, OR IF THERE IS NO PLANNING BOARD OR COMMISSION, TO THE PRESIDING OFFICER OF THE LOCAL GOVERNING BODY AND IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE, TO ANY COMMUNITY BOARD IN WHICH THE PROJECT IS S. 8306--B 160 LOCATED, AND THE PUBLIC HEARING TO CONSIDER THE PLAN REQUIRED PURSUANT THERETO SHALL BE HELD ON THIRTY DAYS NOTICE FOLLOWING ADOPTION OF THE PLAN BY THE CORPORATION; (B) ANY PERSON SHALL HAVE THE OPPORTUNITY TO PRESENT WRITTEN COMMENTS ON THE PLAN WITHIN THIRTY DAYS AFTER THE PUBLIC HEARING; (C) ANY MUNICIPALITY WITHIN WHICH THE PROJECT IS TO BE LOCATED, BY MAJORITY VOTE OF ITS PLANNING BOARD OR COMMISSION, OR IN THE EVENT THERE IS NO PLANNING BOARD OR COMMISSION, BY MAJORITY VOTE OF ITS LOCAL GOVERNING BODY, MAY RECOMMEND APPROVAL, DISAPPROVAL OR MODIFICATION OF THE PLAN, WHICH RECOMMENDATION SHALL BE SUBMITTED IN WRITING TO THE CORPORATION WITHIN THIRTY DAYS AFTER SUCH HEARING; AND (D) AFTER DUE CONSIDERATION OF SUCH TESTIMONY AND COMMENTS AND MUNICIPAL RECOMMENDA- TIONS, IF ANY, THE CORPORATION MAY AFFIRM, MODIFY OR WITHDRAW THE PLAN IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, PROVIDED, HOWEVER THAT IN THE EVENT ANY SUCH MUNICIPALITY HAS RECOMMENDED DISAPPROVAL OR MODIFICATION OF THE PLAN, AS PROVIDED HEREIN, THE CORPORATION MAY AFFIRM THE PLAN ONLY BY A VOTE OF TWO-THIRDS OF THE DIRECTORS THEREOF THEN IN OFFICE. NO MUNICIPALITY SHALL HAVE POWER TO MODIFY OR CHANGE THE DRAWINGS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, ALTERATION OR IMPROVEMENT OF ANY PROJECT OF THE CORPORATION OR OF ANY SUBSIDIARY THEREOF, OR THE CONSTRUCTION, PLUMBING, HEATING, LIGHTING OR OTHER MECHANICAL BRANCH OF WORK NECESSARY TO COMPLETE THE WORK IN QUES- TION, NOR TO REQUIRE THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON ANY SUCH WORK SHALL PERFORM ANY SUCH WORK IN ANY OTHER OR DIFFERENT MANNER THAN THAT PROVIDED BY SUCH PLANS AND SPECIFICATIONS, NOR TO REQUIRE THAT ANY SUCH PERSON, FIRM OR CORPORATION OBTAIN ANY OTHER OR ADDITIONAL AUTHORITY, APPROVAL, PERMIT OR CERTIFICATE FROM SUCH MUNICI- PALITY IN RELATION TO THE WORK BEING DONE, AND THE DOING OF ANY SUCH WORK BY ANY PERSON, FIRM OR CORPORATION IN ACCORDANCE WITH THE TERMS OF SUCH DRAWINGS, PLANS, SPECIFICATIONS OR CONTRACTS SHALL NOT SUBJECT SAID PERSON, FIRM OR CORPORATION TO ANY LIABILITY OR PENALTY, CIVIL OR CRIMI- NAL, OTHER THAN AS MAY BE STATED IN SUCH CONTRACTS OR INCIDENTAL TO THE PROPER ENFORCEMENT THEREOF; NOR SHALL ANY MUNICIPALITY HAVE POWER TO REQUIRE THE CORPORATION OR ANY SUBSIDIARY THEREOF, OR LESSEE THEREFROM OR SUCCESSOR IN INTEREST THERETO, TO OBTAIN ANY OTHER OR ADDITIONAL AUTHORITY, APPROVAL, PERMIT, CERTIFICATE OR CERTIFICATE OF OCCUPANCY FROM SUCH MUNICIPALITY AS A CONDITION OF OWNING, USING, MAINTAINING, OPERATING OR OCCUPYING ANY PROJECT ACQUIRED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED, ALTERED OR IMPROVED BY THE CORPORATION OR BY ANY SUBSID- IARY THEREOF. THE FOREGOING PROVISIONS SHALL NOT PRECLUDE ANY MUNICI- PALITY FROM EXERCISING THE RIGHT OF INSPECTION FOR THE PURPOSE OF REQUIRING COMPLIANCE BY ANY SUCH PROJECT WITH LOCAL REQUIREMENTS FOR OPERATION AND MAINTENANCE, AFFECTING THE HEALTH, SAFETY AND WELFARE OF THE OCCUPANTS THEREOF, PROVIDED, HOWEVER, THAT SUCH COMPLIANCE DOES NOT REQUIRE CHANGES, MODIFICATIONS OR ADDITIONS TO THE ORIGINAL CONSTRUCTION OF SUCH PROJECT. § 1290. COMPLIANCE WITH BUILDING CODES AND ENVIRONMENTAL REVIEW, AND LOCAL ORDINANCES. 1. PROJECTS COMPLETED PURSUANT TO THIS ACT SHALL CONFORM TO THE STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND ENER- GY CONSERVATION CODE PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE LAW, UNLESS SUCH COMPLIANCE CONFLICTS WITH THE MUNICIPAL CODE IN WHICH THE PROJECT IS LOCATED. 2. IN A CITY, TOWN, OR VILLAGE WITH A POPULATION OF UNDER ONE MILLION, NO PROJECT SHALL EXCEED FIFTY-FIVE FEET IN HEIGHT EXCEPT AS OTHERWISE PERMITTED BY LOCAL LAW. S. 8306--B 161 3. ANY PROPOSED DEVELOPMENT ON PREVIOUSLY DISTURBED LAND SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU- LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU- LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW, BUT MUST MEET THE FOLLOWING CRITERIA: (A) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND (I) HAVE FEWER THAN TEN TOTAL RESIDENTIAL UNITS OR TEN THOUSAND SQUARE FEET OF FLOOR AREA, WHICHEVER IS GREATER, A MAXIMUM OF TWENTY PERCENT OF WHICH MAY CONSIST OF COMMERCIAL OR COMMUNITY FACILITY USES, IN MUNICI- PALITIES THAT HAVE NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS; (II) HAVE FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS OR FIFTY THOUSAND SQUARE FEET OF FLOOR AREA, WHICHEVER IS GREATER, A MAXIMUM OF TWENTY PERCENT OF WHICH MAY CONSIST OF COMMERCIAL OR COMMUNITY FACILITY USES, NOT TO BE CONNECTED AT THE COMMENCEMENT OF HABITATION TO EXISTING COMMU- NITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; (III) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY THOU- SAND PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS OR TWO HUNDRED THOUSAND SQUARE FEET OF FLOOR AREA, WHICHEVER IS GREATER, A MAXIMUM OF TWENTY PERCENT OF WHICH MAY CONSIST OF COMMERCIAL OR COMMUNI- TY FACILITY USES, TO BE CONNECTED AT THE COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; (IV) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF GREATER THAN NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL RESIDENTIAL UNITS, OR FIVE HUNDRED THOUSAND SQUARE FEET OF FLOOR AREA, WHICHEVER IS GREATER, A MAXIMUM OF TWENTY PERCENT OF WHICH MAY CONSIST OF COMMERCIAL OR COMMUNITY FACILITY USES, TO BE CONNECTED AT THE COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; OR (V) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS, FEWER THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS, OR ONE MILLION SQUARE FEET OF FLOOR AREA, WHICHEVER IS GREATER, TO BE CONNECTED AT THE COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; AND (B) COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION; AND (C) RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; OR (D) HAVE BEEN SUBJECT TO A GENERAL ENVIRONMENTAL IMPACT ANALYSIS THROUGH AN ENVIRONMENTAL IMPACT STATEMENT. 4. A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED THERETO S. 8306--B 162 UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS NECESSARY AND MATERIAL TO THE DECISION MAKERS' REVIEW. 5. UNLESS SPECIFICALLY SET FORTH BY THIS SECTION, NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGULATIONS. § 1291. RENTAL AND OWNERSHIP PROJECT REQUIREMENTS. 1. (A) A LESSEE MAY, WITH THE APPROVAL OF THE COMMISSIONER, AS APPLICABLE, ESTABLISH MAXIMUM RENTAL RATES PER UNIT SIZE THAT CAN BE CHARGED TO TENANTS OF THE DWELLINGS. THE AVERAGE RENTAL RATES FOR ALL DWELLINGS IN ANY PROJECT SHALL NOT EXCEED THE MAXIMUM AVERAGE RENTAL RATES DETERMINED BY THE COMMISSIONER, AS APPLICABLE, PRIOR TO THE LESSEE MAKING ANY COMMITMENTS FOR THE CONSTRUCTION OF THE PROJECT. (B) THE COMMISSIONER, UPON THE COMMISSIONER'S OWN MOTION, OR UPON APPLICATION BY THE LESSEE, MAY VARY SUCH RENTAL RATE FROM TIME TO TIME SO AS TO SECURE, TOGETHER WITH ALL OTHER INCOME OF THE LESSEE, SUFFI- CIENT INCOME FOR IT TO MEET WITHIN REASONABLE LIMITS ALL NECESSARY PAYMENTS TO BE MADE OR PROJECTED TO BE MADE DURING THE TERM OF A LEASE BY THE SAID LESSEE, OF ALL EXPENSES INCLUDING FIXED CHARGES, SINKING FUNDS, RESERVES AND DIVIDENDS ON OUTSTANDING STOCK AS AUTHORIZED BY THE COMMISSIONER, AS THE CASE MAY BE. LETTING, SUBLETTING OR ASSIGNMENT OF LEASES OF APARTMENTS AT GREATER RENTALS THAN THOSE APPROVED BY THE COMMISSIONER SHALL BE UNLAWFUL. WHERE THE MORTGAGE LOAN OF A LESSEE IS INSURED OR HELD BY THE FEDERAL GOVERNMENT OR WHERE A PROJECT IS OWNED BY THE FEDERAL GOVERNMENT, RENTAL RATES SHALL BE VARIED WITHOUT REGARD TO THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW WHICH WOULD OTHER- WISE LIMIT OR CONTROL SUCH RENTAL RATES OR THE DETERMINATION OR VARI- ATION THEREOF FOR SO LONG AS SUCH MORTGAGE LOAN REMAINS OUTSTANDING OR THE PROJECT FINANCED BY SUCH A MORTGAGE LOAN IS OWNED BY THE FEDERAL GOVERNMENT. NO VARIATION OF A RENTAL RATE IN A PROJECT FINANCED BY A MORTGAGE LOAN INSURED OR HELD BY OR OWNED BY THE FEDERAL GOVERNMENT SHALL BE EFFECTIVE UNLESS APPROVED BY THE FEDERAL GOVERNMENT. (C) UNLESS ANY APPLICABLE REGULATION OF OR REGULATORY AGREEMENT WITH THE FEDERAL GOVERNMENT SHALL OTHERWISE PROVIDE, (I) THE RENTAL RATES TO BE CHARGED UNDER ANY SUCH LEASE SHALL BE ESTABLISHED AFTER CONSIDERATION OF THE TERM OF SUCH LEASE AND MAY DIFFER FROM THE RENTAL RATES TO BE CHARGED UNDER ANY OTHER LEASE OF A DIFFERENT TERM AND (II) THE COMMIS- SIONER, AS THE CASE MAY BE, SHALL IN ESTABLISHING SUCH RENTAL RATES CONSIDER THE OBLIGATIONS OF THE LESSEE UNDER ANY INSTRUMENTS EVIDENCING OR SECURING ANY RESIDUAL INDEBTEDNESS. SUCH LEASES SHALL CONTAIN A PROVISION AUTHORIZING THE VARIATION OF THE RENTAL RATES DURING THE TERM OF SUCH LEASES. (D) THE COMMISSIONER OR ADMINISTRATOR, AS THE CASE MAY BE, SHALL MAKE AVAILABLE FOR INSPECTION AND COPYING BY THE RESIDENTS IN ANY AFFECTED DEVELOPMENT, ALL ITEMS AND DATA AND RECOMMENDATIONS UTILIZED AS THE VARIOUS BASIS FOR THE DECISION ON INCREASES IN RENTAL OR CARRYING CHARG- ES UPON REQUEST OF THE RESIDENTS. 2. THE DWELLING IN A PROJECT CREATED PURSUANT TO THIS ARTICLE SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED SIXTY-FIVE PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. 3. (A) PREFERENCE IN ADMISSION TO A PROJECT WITH AN OPEN WAITING LIST, AS DETERMINED BY THE COMMISSIONER, SHALL BE GIVEN TO PERSONS IN THE FOLLOWING MANNER: (I) FIRST PRIORITY SHALL BE TO VETERANS OR SURVIVING SPOUSES OF PERSONS WHO ARE VETERANS AS SUCH TERM IS DEFINED PURSUANT TO SECTION S. 8306--B 163 EIGHTY-FIVE OF THE CIVIL SERVICE LAW, HOMELESS FAMILIES WITH CHILDREN REFERRED BY A MUNICIPAL ENTITY OR AGENCY CHARGED WITH THE PROVISION OF HOMELESS SERVICES, OR HOMELESS APPLICANTS REFERRED BY HIV/AIDS SERVICES ADMINISTRATION; (II) SECOND PRIORITY SHALL BE TO AN APPLICANT WHO DEMONSTRATES THEY ARE A VICTIM OF DOMESTIC VIOLENCE; (III) THIRD PRIORITY SHALL BE TO APPLICANTS LISTED ON THE WAITING LIST FOR THE MITCHELL-LAMA PROGRAM PURSUANT TO ARTICLE TWO OF THIS CHAPTER FOR NO LESS THAN FIVE YEARS PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN- TY-FIVE; AND (IV) FOURTH PRIORITY SHALL BE TO APPLICANTS ON WAITING LISTS BY UNIT SIZE IN STRICT CHRONOLOGICAL ORDER BY DATE OF RECEIPT OF APPLICATION OR ORDER OF SELECTION BY LOTTERY, AT THE DISCRETION OF THE COMMISSIONER. (B) IN ADDITION TO ANY OTHER APPLICABLE PRIORITY, PREFERENCE IN ADMIS- SION TO ANY PROJECT OR TO SUCH PORTION OF ANY PROJECT WHICH HAS BEEN SPECIFICALLY DESIGNED FOR OCCUPANCY BY A SENIOR CITIZEN OR DISABLED PERSONS, AS THE CASE MAY BE, SHALL BE GIVEN TO SUCH ELIGIBLE APPLICANTS. (C) APPLICANTS WHO ARE RESIDENTS OF THE APPLICABLE COUNTY WHEREIN THE RESPECTIVE PROPERTY IS LOCATED FOR NO LESS THAN ONE YEAR SHALL RECEIVE PRIORITY ABOVE APPLICANTS WHO DO NOT RESIDE IN SUCH COUNTY OR HAVE NOT MET THE DURATIONAL RESIDENCY REQUIREMENT, EXCEPT WHERE SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION APPLIES. (D) PREFERENCE IN ADMISSION SHALL ONLY BE PROVIDED TO ELIGIBLE APPLI- CANTS WHOSE NAMES APPEAR ON THE WAITING LIST AS THE APPLICANTS OF RECORD. NO PREFERENCE ELIGIBLE APPLICANT SHALL BE ENTITLED TO BENEFIT FROM A PREFERENCE FOR ADMISSION PURSUANT TO THIS PARAGRAPH MORE THAN ONE TIME. 4. THE COMMISSIONER SHALL DEVELOP A WRITTEN PROCEDURE WITH REGARD TO HOW APPLICATIONS FOR ADMISSION TO A HOUSING DEVELOPMENT ARE PROCESSED AND NUMBERED, AND HOW TENANTS ARE SELECTED. SUCH PROCEDURE SHALL BE IMPLEMENTED AND FOLLOWED BY ALL LESSEES OR HOUSING CORPORATIONS SUBJECT TO THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER, THAT ANY LESSEE OR HOUSING CORPORATION MAY ELECT ADDITIONAL PROCEDURES SO LONG AS SUCH PROCEDURES ARE NOT INCONSISTENT WITH THE PROCEDURES DEVELOPED BY THE COMMISSIONER AND ANY OTHER REQUIREMENTS SET FORTH IN THIS ARTICLE. 5. THE COMMISSIONER SHALL DEVELOP A PROCEDURE WHEREBY APPLICANTS ARE NOTIFIED IN THE CASE THAT THEIR APPLICATION IS REJECTED BY A LESSEE OR HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE, AND SUCH PROCEDURE SHALL ALSO INCLUDE THE APPEALS PROCESS AVAILABLE TO THE REJECTED APPLICANT. THE NOTIFICATION THAT SHALL BE SENT TO THE APPLICANT SHALL BE IN WRITTEN FORM, INCLUDE REASONS WHY THE APPLICANT WAS REJECTED, THE APPEAL'S PROCESS, AND BE SENT TO THE APPLICANT WITHIN SIXTY DAYS AFTER THE LESSEE OR HOUSING CORPORATION REJECTS SUCH APPLI- CANT. ANY LESSEE OR HOUSING CORPORATION MAY ELECT TO INCLUDE ADDITIONAL PROCEDURES SO LONG AS SUCH PROCEDURES ARE NOT INCONSISTENT WITH THE PROCEDURES DEVELOPED BY THE COMMISSIONER AND ANY OTHER REQUIREMENTS SET FORTH IN THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION, AN APPLICANT SHALL NOT BE DEEMED REJECTED IF THEIR APPLICATION IS STILL ACTIVE ON THE RENTAL OR OWNERSHIP PROJECT WAITING LIST AND SUCH WAITING LIST IS STILL OPEN AND ACCEPTING APPLICATIONS. 6. THE COMMISSIONER SHALL DEVELOP AND REQUIRE THE USE OF A PUBLICLY AVAILABLE ELECTRONIC AUTOMATED SYSTEM FOR LESSEES OR HOUSING CORPO- RATIONS TO STORE, PROCESS, AND MAINTAIN APPLICATIONS AND WAITING LISTS. WAITING LISTS MAINTAINED BY THE MANAGING AGENT OF A DEVELOPMENT SHALL USE A METHOD THAT PROTECTS ANY PERSONALLY IDENTIFIABLE INFORMATION OF APPLICANTS FROM BEING PUBLICLY DISCLOSED OR ACCESSIBLE TO THE PUBLIC. S. 8306--B 164 SUCH ELECTRONIC AUTOMATED SYSTEM SHALL ALSO INCLUDE GENERAL INFORMATION ABOUT EACH RENTAL OR OWNERSHIP DEVELOPMENT, INCLUDING, BUT NOT LIMITED TO: THE NAME AND ADDRESS OF THE DEVELOPMENT; THE MANAGEMENT OFFICE AND ADDRESS; THE NUMBER AND SIZE OF ALL UNITS IN EACH BUILDING; AND INFORMA- TION ON THE STATUS OF EACH WAITING LIST, INCLUDING WHETHER THE RENTAL OR OWNERSHIP DEVELOPMENT IS CURRENTLY ACCEPTING APPLICATIONS AND HOW LONG APPLICANTS MAY HAVE TO WAIT. § 1292. SUPERVISION AND REGULATION. THE COMMISSIONER MAY: 1. EXAMINE A LESSEE AND KEEP INFORMED AS TO ITS GENERAL CONDITION, ITS CAPITALIZATION AND THE MANNER IN WHICH A RENTAL OR OWNERSHIP PROJECT IS CONSTRUCTED, ACQUIRED, REHABILITATED, LEASED, OPERATED OR MANAGED, AND TO ITS COMPLIANCE WITH ALL PROVISIONS OF LAW AND ORDERS OF THE COMMIS- SIONER. 2. REQUIRE EVERY LESSEE TO FILE WITH THE APPROPRIATE AGENCY AS DETER- MINED BY THE COMMISSIONER, AN ANNUAL REPORT SETTING FORTH SUCH INFORMA- TION AS THE COMMISSIONER MAY REQUIRE, VERIFIED BY THE OATH OF ANY OFFI- CER, GENERAL MANAGER OR OTHER PERSON IN CONTROL OF THE LESSEE. SUCH REPORT SHALL BE IN A FORM, COVER A PERIOD, AND BE FILED AT A TIME AS PRESCRIBED BY THE COMMISSIONER. 3. FROM TIME TO TIME MAKE, AMEND AND REPEAL SUPPLEMENTARY RULES AND REGULATIONS FOR CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE PROVIDED, HOWEVER, THAT SUCH SUPPLEMENTARY RULES AND REGULATIONS SHALL BE STRICTLY LIMITED IN THEIR APPLICATION TO THE MEANS AND METHODS OF COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE TO WHICH SUCH POWER RELATES. 4. MAKE SUCH AGREEMENTS WITH BONDHOLDERS, MORTGAGEES OR CREDITORS OF A LESSEE TO DO OR REFRAIN FROM DOING ANY UNLAWFUL ACT TO PROTECT THE INVESTMENT RIGHTS OF THE STATE OF NEW YORK, THE DIVISION, OR OF THE MUNICIPALITY. 5. (A) ADMINISTER OATHS, TAKE AFFIDAVITS, HEAR TESTIMONY AND TAKE PROOF UNDER OATH AT PUBLIC OR PRIVATE HEARINGS; (B) SUBPOENA AND REQUIRE THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF BOOKS AND PAPERS PERTAINING TO ANY INVESTIGATIONS AND INQUIRIES AUTHORIZED BY THIS ARTI- CLE AND EXAMINE THEM IN RELATION TO ANY MATTER CONCERNING WHICH THE POWER TO INVESTIGATE IS GRANTED; (C) ISSUE COMMISSIONS FOR THE EXAMINA- TION OF WITNESSES WHO ARE OUT OF THE STATE OR UNABLE TO ATTEND OR ARE EXCUSED FROM ATTENDANCE; (D) INVESTIGATE INTO THE AFFAIRS OF A LESSEE AND INTO THE DEALINGS, TRANSACTIONS OR RELATIONSHIPS OF SUCH LESSEE WITH THIRD PERSONS AND INTO THE AFFAIRS OF ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY HAVING A FINANCIAL INTEREST, WHETHER DIRECT OR INDIRECT, IN THE DESIGN, CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FINANCING OR OPERATION OF ANY PROJECT UNDERTAKEN BY A LESSEE; (E) INTERVENE, AS A MATTER OF RIGHT, IN ANY ACTION OR PROCEEDING OF WHICH NOTICE SHALL BE GIVEN AFFECTING THE PROJECT OF A LESSEE; AND (F) TAKE SUCH STEPS IN SUCH ACTION OR PROCEEDING AS MAY BE NECESSARY TO PROTECT THE PUBLIC INTEREST. 6. WITH REGARD TO DUTIES AND LIABILITIES ARISING OUT OF THIS ARTICLE THE STATE, THE COMMISSIONER MAY BE SUED IN THE SAME MANNER AS A PRIVATE PERSON. NO COSTS SHALL BE AWARDED AGAINST THE COMMISSIONER OR THE STATE, AS THE CASE MAY BE, IN ANY SUCH LITIGATION. 7. WHENEVER THE COMMISSIONER, IN THE CASE OF A LESSEE UNDERTAKING OR OTHERWISE OPERATING A STATE-AIDED PROJECT, SHALL BE OF THE OPINION THAT SUCH LESSEE IS FAILING OR OMITTING, OR IS ABOUT TO FAIL OR OMIT TO DO ANYTHING REQUIRED OF IT BY LAW OR BY ORDER OF THE COMMISSIONER OR IS DOING OR IS ABOUT TO DO ANYTHING, OR PERMITTING ANYTHING, OR IS ABOUT TO PERMIT ANYTHING TO BE DONE, CONTRARY TO AND IN VIOLATION OF LAW OR OF S. 8306--B 165 ANY ORDER, REGULATION OR DIRECTIVE OF THE COMMISSIONER, AS THE CASE MAY BE, OR WHICH IS IMPROVIDENT OR PREJUDICIAL TO THE INTEREST OF THE PUBLIC, THE LIENHOLDERS, THE STOCKHOLDERS, OR THE TENANTS, THE COMMIS- SIONER, AS THE CASE MAY BE, MAY, IN ADDITION TO SUCH OTHER REMEDIES AS MAY BE AVAILABLE, COMMENCE AN ACTION OR PROCEEDING IN THE SUPREME COURT OF THE STATE OF NEW YORK IN THE NAME OF THE COMMISSIONER, AS THE CASE MAY BE, FOR THE PURPOSE OF HAVING SUCH VIOLATIONS OR THREATENED VIOLATIONS STOPPED AND PREVENTED, AND IN SUCH ACTION OR PROCEEDING THE COURT MAY APPOINT A TEMPORARY OR PERMANENT RECEIVER OR BOTH. SUCH ACTION OR PROCEEDING SHALL BE COMMENCED BY A PETITION TO THE SUPREME COURT, ALLEGING THE VIOLATION COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF. IT SHALL THEREUPON BE THE DUTY OF THE COURT TO SPECIFY THE TIME, NOT EXCEEDING TWENTY DAYS AFTER SERVICE OF A COPY OF THE PETITION, WITHIN WHICH THE LESSEE COMPLAINED OF MUST ANSWER THE PETITION. IN CASE OF ANY DEFAULT OR AFTER ANSWER THE COURT SHALL IMMEDIATELY INQUIRE INTO THE FACTS AND CIRCUMSTANCES IN SUCH MANNER AS THE COURT SHALL DIRECT WITHOUT OTHER OR FORMAL PLEADINGS, AND WITHOUT RESPECT TO ANY TECHNICAL REQUIRE- MENTS. SUCH OTHER PERSONS OR CORPORATIONS AS IT SHALL SEEM TO THE COURT NECESSARY OR PROPER TO JOIN AS PARTIES IN ORDER TO MAKE ITS ORDER OR JUDGMENT EFFECTIVE, MAY BE JOINED AS PARTIES. THE FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL EITHER DISMISS THE ACTION OR PROCEEDING OR DIRECT THAT AN ORDER OR AN INJUNCTION, OR BOTH, ISSUE, OR PROVIDE FOR THE APPOINTMENT OF A RECEIVER AS PRAYED FOR IN THE PETITION, AND GRANT SUCH OTHER RELIEF AS THE COURT MAY DEEM APPROPRIATE. 8. THE COMMISSIONER MAY MODIFY SUPERVISION OF A LESSEE OR HOUSING CORPORATION UPON FINDING THAT DUPLICATIVE SUPERVISORY FUNCTIONS MAY IMPOSE AN UNDUE REGULATORY BURDEN OR UNNECESSARY EXPENDITURE OF AGENCY RESOURCES, BY TAKING SUCH ACTIONS AS ARE DEEMED APPROPRIATE, INCLUDING CONSOLIDATING SUPERVISORY FUNCTIONS ASSOCIATED WITH DIFFERENT PROGRAMS, AND ENTERING INTO MEMORANDA OF UNDERSTANDING WITH OTHER AGENCIES FOR THE ALLOCATION OF SUPERVISORY FUNCTIONS. 9. PROMULGATE REGULATIONS PROVIDING FOR RECOGNITION OF DULY CONSTI- TUTED TENANTS' ASSOCIATIONS AND COOPERATORS' ADVISORY COUNCILS BY THE COMMISSIONER AND PROVIDING THAT A LESSEE OR HOUSING CORPORATION SHALL MEET ON A REGULAR BASIS WITH REPRESENTATIVES OF SUCH AN ASSOCIATION OR COUNCIL AT THE SPECIFIC PROJECT INVOLVED TO DISCUSS MATTERS RELATING TO THE PROJECT. A DULY CONSTITUTED COOPERATORS' ADVISORY COUNCIL SHALL ONLY BE SUCH A COUNCIL IN A HOUSING CORPORATION PROJECT PRIOR TO THE ELECTION OF A BOARD OF DIRECTORS BY THE TENANT-COOPERATORS. 10. REQUIRE EVERY MANAGING AGENT TO FILE WITH THE APPROPRIATE AGENCY AS DETERMINED BY THE COMMISSIONER, AN ANNUAL OPERATING BUDGET FOR EACH INDIVIDUAL PROJECT IN THE MANNER PRESCRIBED BY THE COMMISSIONER. 11. REQUIRE EVERY LESSEE, HOUSING CORPORATION, OR THE MANAGING AGENT THEREOF TO FILE WITH THE APPROPRIATE AGENCY AS DETERMINED BY THE COMMIS- SIONER, SEMI-ANNUAL OR QUARTERLY FINANCIAL STATEMENTS AND AN ANNUAL FINANCIAL STATEMENT. EACH ANNUAL FINANCIAL STATEMENT SHALL BE ACCOMPA- NIED BY A CERTIFICATE OF THE MANAGING AGENT'S INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT. SUCH FINANCIAL STATEMENTS SHALL BE FILED AT THE TIMES AND IN THE MANNER PRESCRIBED BY THE COMMISSIONER. 12. AFFORD TENANTS AND SHAREHOLDERS ACCESS TO AND AN OPPORTUNITY TO ACQUIRE COPIES OF ALL OPERATING BUDGETS OR FINANCIAL STATEMENTS RESPECT- ING THE PROJECT IN WHICH SUCH TENANTS AND SHAREHOLDERS RESIDE, TO THE EXTENT THAT SUCH BUDGETS AND STATEMENTS ARE REQUIRED BY LAW TO BE KEPT BY THE COMMISSIONER. 13. PERMIT ANY TENANT, DULY CONSTITUTED TENANTS' ASSOCIATION, DULY CONSTITUTED COOPERATORS' ADVISORY COUNCIL OR A DULY AUTHORIZED REPRESEN- S. 8306--B 166 TATIVE OF ANY SUCH ENTITY TO AUDIT THE BOOKS OF THE MANAGING AGENT AND TO HAVE ACCESS DURING NORMAL BUSINESS HOURS TO THE FINANCIAL RECORDS UPON WHICH THE MANAGING AGENT'S FINANCIAL STATEMENTS ARE BASED. 14. PROMULGATE REGULATIONS RELATING TO MANAGING AGENTS, INCLUDING CRITERIA FOR THE ELIGIBILITY FOR SELECTION AND THE COMPENSATION OF MANAGING AGENTS BY COMPANIES ORGANIZED PURSUANT TO THIS ARTICLE. SUCH REGULATIONS SHALL PROVIDE, AMONG OTHER THINGS, THAT ANY CONTRACT WITH A MANAGING AGENT ENTERED INTO SHALL BE TERMINABLE FOR CAUSE AND SHALL BE TERMINABLE, WITH OR WITHOUT CAUSE, AT LEAST EVERY TWELVE MONTHS AFTER COMMENCEMENT OF THE TERM THEREOF, AND THAT PROMPTLY UPON TERMINATION THE MANAGING AGENT SHALL TURN OVER TO THE HOUSING CORPORATION OR LESSEE ALL PROJECT RECORDS, RENT ROLLS, BILLS, CANCELED CHECKS, BANK STATEMENTS AND OTHER PAPERS OWNED BY SUCH LESSEE OR HOUSING CORPORATION. 15. EVERY TENANT OR RESIDENT, OR A PERSON ACTING ON BEHALF OF A SHARE- HOLDER, TENANT, OR RESIDENT, SHALL BE PERMITTED TO COPY, BY PHOTOGRAPHIC MEANS, ANY DOCUMENT WITHIN THE SCOPE OF THIS SECTION PERTAINING TO THE PROJECT IN WHICH SUCH SHAREHOLDER, TENANT, OR RESIDENT RESIDES. A REASONABLE FEE, SUBJECT TO A MAXIMUM THEREFOR PRESCRIBED IN REGULATIONS, MAY BE CHARGED FOR SUCH COPIES. 16. REQUIRE THAT WITHIN TEN DAYS OF THE FILING OF ANY REPORTS OR FINANCIAL STATEMENTS WITH THE COMMISSIONER, THE MANAGING AGENT SHALL TRANSMIT A COPY OF SAID REPORT OR FINANCIAL STATEMENT TO A DULY CONSTI- TUTED RESIDENT BOARD OF DIRECTORS, AND IF THERE BE NONE, TO A COOPERATOR'S ADVISORY COUNCIL OR A DULY CONSTITUTED TENANTS ASSOCIATION REPRESENTING THE PROJECT CONCERNED. WHERE NO SUCH COUNCIL OR ASSOCIATION EXISTS IN A PROJECT, A NOTICE SHALL BE POSTED INFORMING THE RESIDENTS OF THE LOCATION ON THE PREMISES OF THE PROJECT WHERE A COPY OF SAID REPORT OR FINANCIAL STATEMENT IS AVAILABLE FOR INSPECTION. THE NOTICE SHALL BE POSTED WITHIN TEN DAYS OF FILING, IN A PROMINENT PLACE ON THE PREMISES OF THE PROJECT CONCERNED. 17. PROMULGATE REGULATIONS TO REQUIRE EACH TENANT OR SHAREHOLDER TO USE THEIR DWELLING UNIT AS THEIR PRIMARY RESIDENCE TO MAINTAIN THEIR RIGHT OF CONTINUED OCCUPANCY OR BE SUBJECT TO EVICTION IN A COURT OF COMPETENT JURISDICTION BY A LESSEE. 18. REQUIRE EVERY VOTING MEMBER OF A BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE, ELECTED OR APPOINTED FOR A TERM BEGINNING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, TO COMPLETE, WITHIN THE FIRST YEAR OF THEIR TERM AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER, A MINIMUM OF TWO HOURS OF TRAINING, IN PERSON OR VIRTUALLY, AS THE COMMISSIONER MAY DEEM APPROPRI- ATE, ON THE FINANCIAL OVERSIGHT, ACCOUNTABILITY AND FIDUCIARY RESPONSI- BILITIES OF A BOARD MEMBER; AND TO REQUIRE EVERY VOTING MEMBER OF A BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE, ELECTED OR APPOINTED FOR A TERM BEGINNING BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION, TO COMPLETE SUCH TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER. 19. REQUIRE EVERY VOTING MEMBER OF A BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE, ELECTED OR APPOINTED FOR A TERM BEGINNING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, TO COMPLETE, WITHIN THE FIRST YEAR OF HIS OR HER TERM AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER, IN ADDITION TO THE TRAINING REQUIRED BY SUBDIVISION TEN OF THIS SECTION, A TRAINING COURSE, IN PERSON OR VIRTUALLY, AS THE COMMISSIONER, AS THE CASE BE, MAY DEEM APPROPRIATE, TO ACQUAINT THEM WITH THE POWERS, FUNCTIONS AND DUTIES OF A BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF S. 8306--B 167 THIS ARTICLE, AS WELL AS THE POWERS AND DUTIES OF OTHER GOVERNING AND ADMINISTRATIVE AUTHORITIES AFFECTING SUCH COMPANIES; AND TO REQUIRE EVERY VOTING MEMBER OF A BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE, ELECTED OR APPOINTED FOR A TERM BEGINNING BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION, TO COMPLETE SUCH TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER. 20. REQUIRE EACH MEMBER OF A BOARD OF DIRECTORS OF A HOUSING CORPO- RATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE TO DEMONSTRATE COMPLI- ANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISIONS EIGHTEEN AND NINE- TEEN OF THIS SECTION BY FILING A CERTIFICATE OF COMPLETION OF SUCH COURSE OR COURSES ON A FORM TO BE PROMULGATED BY THE COMMISSIONER. SUCH FORM SHALL BE FILED WITH THE SECRETARY OF THE HOUSING CORPORATION AND MAINTAINED BY THE SECRETARY AS A CORPORATE RECORD AND DISTRIBUTED ANNU- ALLY TO THE SHAREHOLDERS AND UPON THE FILING OF ANY DIRECTOR WITH THE HOUSING CORPORATION OF THE INTENTION TO SEEK RE-ELECTION TO THE POSI- TION. SIXTY DAYS PRIOR TO ANY SCHEDULED ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS, THE SECRETARY OF THE HOUSING CORPORATION SHALL FURNISH THE COMMISSIONER WITH A LIST OF ALL INCUMBENT DIRECTORS INDICATING WHICH INDIVIDUALS HAVE SUBMITTED CERTIFICATES REQUIRED IN THIS SUBDIVISION. SUCH COURSE OR COURSES SHALL BE PROVIDED BY THE COMMISSIONER, AS THE CASE MAY BE, AT NO COST TO THE TRAINEE OR THE BOARD TO WHICH THE TRAINEE HAS BEEN ELECTED. 21. DEVELOP THE CURRICULA USED FOR TRAINING REQUIRED BY SUBDIVISIONS EIGHTEEN AND NINETEEN OF THIS SECTION FOR WHICH THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE THE COOPERATION AND ASSISTANCE FROM ANY DEPARTMENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS OR AGENCIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF IN DEVELOPING SUCH CURRICULA. THESE CURRICULA MAY BE OFFERED TOGETHER AS A SINGLE COURSE OR SEPARATE- LY. THE TRAINING REQUIRED BY THIS SECTION MAY BE OFFERED BY PROVIDERS APPROVED BY THE COMMISSIONER, AS THE CASE MAY BE. IN APPROVING OTHER PROVIDERS FOR THESE TRAININGS, THE COMMISSIONER SHALL CONSIDER A POTEN- TIAL PROVIDER'S UNDERSTANDING OF COOPERATIVE HOMEOWNERSHIP AND TENANCY LAWS; LAWS, RULES AND REGULATIONS AFFECTING RENT AND OWNERSHIP PROJECTS SUBJECT TO THE PROVISIONS OF THIS ARTICLE; AND THE FIDUCIARY RESPONSI- BILITIES OF THE BOARD OF A RESIDENTIAL COOPERATIVE, AS WELL AS THE EXPE- RIENCE OF THE PROVIDER IN DELIVERING SUCH TRAINING. 22. HOLD SUCH MEETING OR MEETINGS, IN PERSON OR VIRTUALLY AS THE COMMISSIONER SHALL DEEM APPROPRIATE, WITH THE BOARD OF A HOUSING CORPO- RATION ON THE FINANCIAL OVERSIGHT, ACCOUNTABILITY AND FIDUCIARY RESPON- SIBILITIES OF SUCH BOARD; THE POWERS, FUNCTIONS AND DUTIES OF SUCH BOARD; AND THE POWERS AND DUTIES OF OTHER GOVERNING AND ADMINISTRATIVE AUTHORITIES AFFECTING SUCH CORPORATION. § 1293. CONSTRUCTION AND OPERATION. 1. THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW SHALL APPLY TO CONSTRUCTION PROJECTS UNDER THIS ARTICLE. 2. EVERY LESSEE, CONTRACTOR, OR OTHER THIRD PARTY THAT HAS ENTERED INTO AN AGREEMENT WITH THE CORPORATION SHALL PAY A SERVICE EMPLOYEE, AS DEFINED IN SECTION TWO HUNDRED THIRTY-ONE OF THE LABOR LAW, A WAGE OF NOT LESS THAN THE PREVAILING WAGE IN THE LOCALITY FOR THE CRAFT, TRADE, OR OCCUPATION OF THE SERVICE EMPLOYEE. EMPLOYMENT OF BUILDING SERVICE WORKERS PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO REQUIREMENTS IN ARTICLE NINE OF THE LABOR LAW. § 1294. ANNUAL REPORTS. THE COMMISSIONER SHALL, ON OR BEFORE THE FIRST DAY OF DECEMBER THIRTY-FIRST OF EACH YEAR, SUBMIT A REPORT TO THE LEGIS- LATURE, THE STATE COMPTROLLER, AND THE ATTORNEY GENERAL ON THE IMPLEMEN- S. 8306--B 168 TATION OF SECTION TWELVE HUNDRED NINETY-TWO OF THIS ARTICLE BY THE COMMISSIONER AND THE POLICY INCLUDED THEREIN. SUCH REPORT SHALL INCLUDE AND NOT BE LIMITED TO RENT AND CARRYING CHARGE LEVELS, CHANGES THEREIN, OPERATION OF THE NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND AND NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND, TAX CREDIT, ABATEMENT, OR EXEMPTION LEVELS, TOTAL CAPITAL OUTLAY, AMORTIZATION, MORTGAGE INTEREST RATES, INCOME LEVELS SERVED BY THE HOUSING, SURCHARGE BILLINGS AND COLLECTIONS AND USE OF SURCHARGE REVENUES, AND VACANCY RATES. FOR THE PURPOSE OF PREPARING SUCH REPORT, THE COMMISSIONER MAY REQUEST, AND SHALL RECEIVE, FROM ANY MUNICIPALITY SUCH DATA AS HE DEEMS NECESSARY OR DESIRABLE AND SUCH MUNICIPALITY OR SHALL FURNISH THE REQUESTED DATA WITHIN SIXTY DAYS OF SUCH REQUEST. § 1295. NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND. 1. (A) THERE IS HEREBY CREATED AND ESTABLISHED IN THE DIVISION A REVOLVING FUND TO BE KNOWN AS THE "NEW YORK HOUSING OPPORTU- NITY CORPORATION NEW CONSTRUCTION REVOLVING FUND". (B) MONEYS IN THE NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND SHALL ONLY BE USED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE MONEYS IN SUCH FUND SHALL BE APPLIED TO OR PAID OUT FOR AUTHORIZED PURPOSES RELATED TO NEW CONSTRUCTION OF DWELLING UNITS BEING BUILT IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 2. THERE SHALL BE PAID INTO SUCH NEW YORK HOUSING OPPORTUNITY CORPO- RATION NEW CONSTRUCTION REVOLVING FUND (A) ANY MONEYS APPROPRIATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUND, (B) NOTWITH- STANDING THE PROVISIONS OF THE STATE FINANCE LAW OR ANY OTHER PROVISION OF LAW, ANY MONEYS WHICH THE DIVISION SHALL RECEIVE IN REPAYMENT OF ADVANCES MADE FROM SUCH FUND, AND (C) ANY OTHER MONEYS WHICH MAY BE MADE AVAILABLE TO THE DIVISION FOR THE PURPOSE OF SUCH FUND FROM ANY OTHER SOURCE OR SOURCES. 3. ALL MONEYS PAID INTO THE FUND FROM REPAYMENTS OF LOANS AUTHORIZED BY THIS ARTICLE SHALL CONTINUE TO BE MADE AVAILABLE FOR THE PURPOSE OF PROVIDING LOANS PURSUANT TO SUCH SECTION, AND SHALL BE REPAID AS FOLLOWS: (A) EACH SUCH ADVANCE SHALL BE REPAID IN FULL BY BORROWER TO THE FUND; AND (B) SUCH REPAYMENT SHALL BE MADE CONCURRENT WITH RECEIPT BY THE BORROWER OR ITS SUCCESSOR IN INTEREST OF THE PROCEEDS OF ITS MORTGAGE OR CONSTRUCTION LOAN. THE COMMISSIONER MAY, AT HIS OR HER DISCRETION, EXTEND THE PERIOD FOR THE REPAYMENT OF SUCH ADVANCES. IN NO EVENT SHALL THE TIME OF REPAYMENT BE EXTENDED LATER THAN THE DATE OF FINAL ADVANCE OF FUNDS PURSUANT TO SUCH MORTGAGE FINANCING. 4. MONEYS IN THE NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND SHALL BE SEGREGATED FROM ALL OTHER FUNDS OF OR IN THE CUSTODY OF THE CORPORATION SUBJECT TO ANY RIGHTS OF HOLDERS OF CORPORATION BONDS OR NOTES ISSUED FOR THE PURPOSES OF THIS SECTION. 5. ANY MONEYS HELD IN SUCH NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND NOT REQUIRED FOR IMMEDIATE DISBURSEMENT MAY BE INVESTED, AT THE DISCRETION OF THE COMMISSIONER, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI- PAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT. ANY INCOME OR INTEREST EARNED BY, OR INCREMENT TO, SUCH HOUSING DEVELOPMENT FUND SHALL BE ADDED TO THE MONEYS HELD IN SUCH FUND FOR THE PURPOSES HEREIN PROVIDED. S. 8306--B 169 § 1296. NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRES- ERVATION REVOLVING FUND. 1. (A) THERE IS HEREBY CREATED AND ESTABLISHED IN THE DIVISION A REVOLVING FUND TO BE KNOWN AS THE "NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND". (B) MONEYS IN THE NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND SHALL ONLY BE USED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE MONEYS IN SUCH FUND SHALL BE APPLIED TO OR PAID OUT FOR AUTHORIZED PURPOSES RELATED TO MAINTENANCE OR PRESERVATION OF DWELLING UNITS, AS DEEMED APPROPRIATE BY THE COMMISSION- ER, WHICH WERE CONSTRUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 2. THERE SHALL BE PAID INTO SUCH NEW YORK HOUSING OPPORTUNITY CORPO- RATION MAINTENANCE AND PRESERVATION REVOLVING FUND (A) ANY MONEYS APPRO- PRIATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUND, (B) NOTWITHSTANDING THE PROVISIONS OF THE STATE FINANCE LAW OR ANY OTHER PROVISION OF LAW, ANY MONEYS WHICH THE DIVISION SHALL RECEIVE IN REPAY- MENT OF ADVANCES MADE FROM SUCH FUND, AND (C) ANY OTHER MONEYS WHICH MAY BE MADE AVAILABLE TO THE DIVISION FOR THE PURPOSE OF SUCH FUND FROM ANY OTHER SOURCE OR SOURCES. 3. ALL MONEYS PAID INTO THE FUND FROM REPAYMENTS OF LOANS AUTHORIZED BY THIS ARTICLE SHALL CONTINUE TO BE MADE AVAILABLE FOR THE PURPOSE OF PROVIDING LOANS PURSUANT TO SUCH SECTION, AND SHALL BE REPAID AS FOLLOWS: (A) EACH SUCH ADVANCE SHALL BE REPAID IN FULL BY THE BORROWER TO THE FUND; AND (B) SUCH REPAYMENT SHALL BE MADE CONCURRENT WITH RECEIPT BY THE BORROWER OR ITS SUCCESSOR IN INTEREST OF THE PROCEEDS OF ITS MORTGAGE OR CONSTRUCTION LOAN. THE COMMISSIONER MAY, AT SUCH COMMISSIONER'S DISCRETION, EXTEND THE PERIOD FOR THE REPAYMENT OF SUCH ADVANCES. IN NO EVENT SHALL THE TIME OF REPAYMENT BE EXTENDED LATER THAN THE DATE OF FINAL ADVANCE OF FUNDS PURSUANT TO SUCH MORTGAGE FINANCING. 4. MONEYS IN THE NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND SHALL BE SEGREGATED FROM ALL OTHER FUNDS OF OR IN THE CUSTODY OF THE CORPORATION SUBJECT TO ANY RIGHTS OF HOLDERS OF CORPORATION BONDS OR NOTES ISSUED FOR THE PURPOSES OF THIS SECTION. 5. ANY MONEYS HELD IN SUCH NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND NOT REQUIRED FOR IMMEDIATE DISBURSEMENT MAY BE INVESTED, AT THE DISCRETION OF THE COMMISSIONER, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT. ANY INCOME OR INTEREST EARNED BY, OR INCREMENT TO, SUCH HOUSING DEVELOPMENT FUND SHALL BE ADDED TO THE MONEYS HELD IN SUCH FUND FOR THE PURPOSES HEREIN PROVIDED. § 1297. DESIGNATION OF AND SERVICE OF PROCESS ON SECRETARY OF STATE AND REGISTERED AGENT. THE PROVISIONS OF SECTIONS THREE HUNDRED FOUR, THREE HUNDRED FIVE AND THREE HUNDRED SIX OF THE BUSINESS CORPORATION LAW SHALL APPLY TO COMPANIES HERETOFORE OR HEREAFTER ORGANIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE. § 1298. JURISDICTION; COURTS; VENUE. THE PLACE OF TRIAL DISPUTES ARIS- ING FROM THIS ARTICLE SHALL BE WITHIN THE JURISDICTIONAL AREA OF THE COURT IN WHICH THE REAL PROPERTY OR A PORTION THEREOF IS SITUATED; EXCEPT THAT WHERE THE PROPERTY IS LOCATED IN AN INCORPORATED VILLAGE WHICH INCLUDES PARTS OF TWO OR MORE TOWNS THE PROCEEDING MAY BE TRIED BY A JUSTICE OF THE PEACE OF ANY SUCH TOWN WHO KEEPS AN OFFICE IN THE VILLAGE. S. 8306--B 170 § 2. Paragraphs c and d of subdivision 2 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and two new paragraphs e and f are added to read as follows: c. Money loaned by the public entity that is to be repaid on a contin- gent basis; [or] d. Credits that are applied by the public entity against repayment of obligations to the public entity[.]; E. MONEY LOANED FROM THE NEW YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION REVOLVING FUND; OR F. MONEY LOANED FROM THE NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND. § 3. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. § 4. This act shall take effect immediately. PART DDD Section 1. Section 131-w of the social services law, as added by chap- ter 41 of the laws of 1992, is amended to read as follows: § 131-w. Limitations in the payment of rent arrears. [Districts] LOCAL SOCIAL SERVICES DISTRICTS shall not provide assistance to pay rent arrears, property taxes or mortgage arrears for persons not eligible for home relief, aid to dependent children, emergency assistance to needy families with children or emergency assistance for aged, blind and disa- bled persons, except to persons who are without income or resources immediately available to meet the emergency need, whose gross household income does not exceed [one] TWO hundred [twenty-five] percent of the federal income official poverty line [and who sign a repayment agreement agreeing to repay the assistance in a period not to exceed twelve months. The districts shall enforce the repayment agreements by any legal method available to a creditor, in addition to any rights it has pursuant to this chapter]. LOCAL SOCIAL SERVICES DISTRICTS SHALL NOT REQUIRE AN APPLICANT FOR EMERGENCY ASSISTANCE TO PAY RENT ARREARS TO DEMONSTRATE AN ABILITY TO PAY SHELTER EXPENSES, INCLUDING ANY AMOUNTS IN EXCESS OF THE APPROPRIATE LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOW- ANCE, IN THE FUTURE. LOCAL SOCIAL SERVICES DISTRICTS SHALL NOT REQUIRE A RECIPIENT TO REPAY EMERGENCY ASSISTANCE PROVIDED TO PAY RENT ARREARS. The department shall promulgate regulations to implement this section which shall, among other things, [establish standards for the contents of repayment agreements and] establish standards to ensure that assist- ance is provided only in emergency circumstances; PROVIDED, HOWEVER, PROOF THAT A COURT PROCEEDING THAT HAS BEEN INITIATED AGAINST THE APPLI- CANT OR RECIPIENT SHALL NOT BE REQUIRED TO ESTABLISH EMERGENCY CIRCUM- STANCES SUFFICIENT FOR THE PROVISION OF EMERGENCY ASSISTANCE TO COVER RENT ARREARS. § 2. Section 131 of the social services law is amended by adding a new subdivision 21 to read as follows: 21. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, ANY EMERGENCY ASSISTANCE TO PAY RENT ARREARS MAY BE PROVIDED FOR A PERI- OD OF UP TO TWELVE MONTHS, UNLESS A LOCAL SOCIAL SERVICES DISTRICT S. 8306--B 171 DETERMINES IN ITS DISCRETION THAT ADDITIONAL ASSISTANCE IS NECESSARY TO COVER RENT AREAS IN A PARTICULAR CASE. A RECIPIENT OF EMERGENCY ASSIST- ANCE FOR PAYMENT OF RENT ARREARS SHALL NOT BE ELIGIBLE FOR SUBSEQUENT EMERGENCY ASSISTANCE TO PAY RENT ARREARS FOR A PERIOD OF AT LEAST TWEN- TY-FOUR MONTHS UNLESS THE LOCAL SOCIAL SERVICES DISTRICT DETERMINES AT ITS DISCRETION THAT ADDITIONAL RENT ARREARS PAYMENTS ARE NECESSARY BASED ON THE INDIVIDUAL CASE CIRCUMSTANCES. § 3. Subdivision 3 of section 350-j of the social services law, as amended by section 38 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 3. Emergency assistance to needy families with children shall be provided to the extent of items of need and services set forth in sections one hundred thirty-one and one hundred thirty-one-a of this chapter, and items of medical services set forth in section three hundred sixty-five-a of this chapter, and in amounts set forth in the regulations of the department for children who are without available resources, and when such assistance is necessary to avoid destitution or to provide them with living arrangements in a home TO PREVENT LOSS OF LIVING ARRANGEMENTS RESULTING FROM THE NON-PAYMENT OF RENT, and such destitution or such need did not arise because such children or rela- tives refused without good cause to accept employment or training for employment; provided, however, that no assistance shall be provided which would duplicate assistance under sections one hundred thirty-one and one hundred thirty-one-a of this article for which a person is eligible or would be eligible but for a sanction for violation of the requirements of title nine-B of article five of this chapter or other requirement of state law and provided further that, notwithstanding any inconsistent provision of this section or section one hundred thirty- one-a of this article, persons for whom preventive services are being provided under title four of article six of this chapter or who are living in foster care or in public, congregate or group facilities, such as residential facilities for victims of domestic violence, may, pursu- ant to regulations of the department within amounts specifically appro- priated therefor and subject to the terms and conditions of such appro- priation, receive assistance hereunder on their behalf for such services or for care in such facilities in amounts exceeding those set forth in section one hundred thirty-one-a of this article. § 4. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. § 5. This act shall take effect immediately. PART EEE Section 1. Subdivisions 1, 3 and 8 of section 224-d of the labor law, subdivision 1 as separately amended by chapters 372 and 375 of the laws of 2022, subdivision 3 as added by section 2 of part AA of chapter 56 of the laws of 2021, and subdivision 8 as added by chapter 375 of the laws of 2022, are amended and a new subdivision 9 is added to read as follows: 1. For purposes of this section, a "covered renewable energy system" means (a) a renewable energy system, as such term is defined in section S. 8306--B 172 sixty-six-p of the public service law, with a capacity of one or more megawatts alternating current and which involves the procurement of renewable energy credits by a public entity, or a third party acting on behalf and for the benefit of a public entity; [or] (b) any "thermal energy network" as defined by subdivision twenty-nine of section two of the public service law; (C) ANY ENERGY STORAGE PROJECT ASSOCIATED OR PAIRED WITH A COVERED RENEWABLE ENERGY SYSTEM; OR (D) ANY MAJOR UTILITY TRANSMISSION FACILITY AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED TWENTY OF THE PUBLIC SERVICE LAW, TRANSMISSION PROJECT THAT RECEIVES APPROVAL BY THE OFFICE OF RENEWABLE ENERGY SITING OR PROJECT THAT SUPPORTS THE OFFSHORE WIND SUPPLY CHAIN, WHERE SUCH FACILITY OR PROJECT IS SELECTED PURSUANT TO A SOLICITATION BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK POWER AUTHORITY, OR THE LONG ISLAND POWER AUTHORITY, PROVIDED THAT SUCH FACILITY OR PROJECT RECEIVES NO LESS THAN ONE HUNDRED THOUSAND DOLLARS OR IN DIRECT FINAN- CIAL ASSISTANCE FROM THE STATE. 3. For purposes of this section, a covered renewable energy system shall exclude construction work performed under a pre-hire collective bargaining agreement between an owner or contractor and a bona fide building and construction trade labor organization which has established itself, and/or its affiliates, as the collective bargaining represen- tative 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[, or construction work performed under a labor peace agreement, project labor agreement, or any other construction work performed under an enforceable agreement between an owner or contractor and a bona fide building and construction trade labor organization]. 8. Any [thermal energy network] RENEWABLE ENERGY SYSTEM covered by this section shall require all contractors and subcontractors performing construction work to use apprenticeship agreements, as defined by arti- cle twenty-three of this chapter, with pre-apprenticeship direct entry providers registered with the department. 9. FOR ANY COVERED RENEWABLE ENERGY SYSTEM WHERE STATE FUNDS ARE USED FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT, OR OTHER IMPROVEMENT OF ANY BUILD- ING, STRUCTURE, OR LAND ASSOCIATED WITH THE PROJECT AND THE AMOUNT OF STATE FUNDS PROVIDED MEETS OR EXCEEDS FIVE MILLION DOLLARS, SUCH COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY- TWO OF THIS ARTICLE. § 2. Subdivisions 1 and 3 and paragraph (a) of subdivision 4 of section 66-r of the public service law, as added by section 2-a of part AA of chapter 56 of the laws of 2021, are amended and a new subdivision 6 is added to read as follows: 1. For the purposes of this section, a "covered renewable energy system" means (A) a renewable energy system, as such term is defined in section sixty-six-p of this article, with a capacity of greater than five megawatts alternating current and which involves the procurement of renewable energy credits by a public entity, or a third party acting on behalf and for the benefit of a public entity; (B) ANY ENERGY STORAGE PROJECT ASSOCIATED OR PAIRED WITH A COVERED RENEWABLE ENERGY SYSTEM; OR (C) ANY MAJOR UTILITY TRANSMISSION FACILITY AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED TWENTY OF THIS CHAPTER, TRANSMISSION PROJECT THAT RECEIVES APPROVAL BY THE OFFICE OF RENEWABLE ENERGY SITING OR PROJECT THAT SUPPORTS THE OFFSHORE WIND SUPPLY CHAIN, WHERE SUCH FACILITY OR PROJECT IS SELECTED PURSUANT TO A SOLICITATION BY THE NEW YORK STATE S. 8306--B 173 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK POWER AUTHORITY, OR THE LONG ISLAND POWER AUTHORITY, PROVIDED THAT SUCH FACILITY OR PROJECT RECEIVES NO LESS THAN ONE HUNDRED THOUSAND DOLLARS OR IN DIRECT FINANCIAL ASSISTANCE FROM THE STATE. 3. The commission shall require that the owner of the covered renewa- ble energy system, or a third party acting on the owner's behalf, as an ongoing condition of any renewable energy credits agreement with a public entity, shall stipulate to the fiscal officer that it will enter into [a] labor peace [agreement] AGREEMENTS with [at least one] ANY bona fide labor [organization] ORGANIZATIONS THAT either [where such bona fide labor organization is] ARE actively representing employees provid- ing necessary operations and maintenance services for the renewable energy system at the time of such agreement or [upon] PROVIDE notice [by a bona fide labor organization] that [is] THEY ARE attempting to repre- sent ANY employees IN ANY TITLES WHO PROVIDE, OR who will provide, necessary operations and maintenance services for the renewable energy system employed in the state. The maintenance of such a labor peace agreement, OR AGREEMENTS, WHICH COVER ALL CLASSES OF OPERATIONS AND MAINTENANCE EMPLOYEES, shall be an ongoing material condition of any continuation of payments under a renewable energy credits agreement. For purposes of this section "labor peace agreement" means an agreement between an entity and labor organization that, at a minimum, protects the state's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the relevant renewable energy system. "Renewable energy credits agreement" shall mean any public entity contract that provides production-based payments to a renewable energy project as defined in this section. (a) Any public entity, in each contract for construction, recon- struction, alteration, repair, improvement or maintenance of a covered renewable energy system which involves the procurement of a renewable energy credits agreement by a public entity, or a third party acting on behalf and for the benefit of a public entity, the "public work" for the purposes of this subdivision, shall ensure that such contract shall contain a provision that the iron [and structural], steel AND COMPONENT PARTS used or supplied in the performance of the contract or any subcon- tract thereto [and that is permanently incorporated into the public work], shall be produced or made in whole or substantial part in the United States, its territories or possessions. In the case of [a struc- tural] AN iron or [structural] steel product all manufacturing must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving the refinement of steel additives. [For the purposes of this subdivision, "permanently incorporated" shall mean an iron or steel product that is required to remain in place at the end of the project contract, in a fixed location, affixed to the public work to which it was incorporated. Iron and steel products that are capable of being moved from one location to another are not permanently incorporated into a public work.] 6. FOR ANY COVERED RENEWABLE ENERGY SYSTEM WHERE STATE FUNDS ARE USED FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT, OR OTHER IMPROVEMENT OF ANY BUILD- ING, STRUCTURE, OR LAND ASSOCIATED WITH THE PROJECT AND THE AMOUNT OF STATE FUNDS PROVIDED MEETS OR EXCEEDS FIVE MILLION DOLLARS, SUCH COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY- TWO OF THE LABOR LAW. S. 8306--B 174 § 3. This act shall take effect immediately. PART FFF Section 1. The social services law is amended by adding a new section 95-b to read as follows: § 95-B. STATE SNAP MINIMUM BENEFIT PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A STATE SNAP MINIMUM BENEFIT PROGRAM. UNDER SUCH PROGRAM, THE OFFICE SHALL DISTRIBUTE TO EACH ELIGIBLE HOUSEHOLD A MONTHLY STATE SNAP BENEFIT EQUAL TO THE DIFFERENCE BETWEEN THE HOUSEHOLD'S FEDERAL SNAP MONTHLY BENEFIT AND FIFTY DOLLARS, WHICH AMOUNT MAY BE INCREASED BY THE OFFICE AS DEEMED APPROPRIATE SUBJECT TO AVAILABLE STATE APPROPRIATIONS. IF FEDERAL FUNDS BECOME AVAILABLE FOR THE PURPOSES OF THIS SUBDIVISION, THE OFFICE SHALL UTILIZE SUCH FEDERAL FUNDS AS THE PRIMARY SOURCE FOR ISSUING THE MONTHLY STATE SNAP BENEFIT BEFORE STATE FUNDS, IF NECESSARY, ARE EXPENDED. THE STATE SNAP BENEFIT SHALL BE PROVIDED TO AN ELIGIBLE HOUSEHOLD IN ADDI- TION TO THE FEDERAL SNAP BENEFIT. 2. THE PROGRAM SHALL BE SUBJECT TO THE SAME STATE RULES AND PROCEDURES FOR IMPLEMENTING THE FEDERAL SNAP TO THE GREATEST EXTENT POSSIBLE, INCLUDING, BUT NOT LIMITED TO, DISTRIBUTING THE STATE SNAP BENEFIT USING THE PROGRAM'S ELECTRONIC BENEFIT TRANSFER SYSTEM AND REQUIRING THAT BENEFITS BE USED SOLELY FOR THE PURCHASE OF FOOD AS DEFINED IN 7 U.S.C. S.2012. THE OFFICE SHALL ISSUE ANY RULES OR REGULATIONS NECESSARY FOR ADMINISTRATION AND IMPLEMENTATION OF THE PROGRAM. 3. THE OFFICE SHALL APPLY TO THE FOOD AND NUTRITION SERVICE WITHIN THE FEDERAL DEPARTMENT OF AGRICULTURE AND ANY OTHER NECESSARY FEDERAL DEPARTMENT, DIVISION, OR OFFICE FOR ANY NECESSARY WAIVERS OR APPROVALS TO IMPLEMENT THE PROVISIONS OF THE PROGRAM SET FORTH IN THIS SECTION. 4. AS USED IN THIS SECTION: (A) "ELIGIBLE HOUSEHOLD" MEANS A HOUSEHOLD THAT IS CERTIFIED TO RECEIVE A FEDERAL SNAP BENEFIT OF AT LEAST ONE DOLLAR PER MONTH BUT LESS THAN ONE HUNDRED DOLLARS PER MONTH, OR A LARGER AMOUNT AS DEEMED APPRO- PRIATE BY THE OFFICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SUBJECT TO AVAILABLE STATE AND FEDERAL FUNDS. (B) "SNAP" MEANS THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AUTHOR- IZED PURSUANT TO SECTION NINETY-FIVE OF THIS TITLE. § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation or any action necessary for the imple- mentation of this act on its effective date, including seeking any necessary federal waivers, are authorized to be made and completed on or before such date. § 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 FFF of this act shall be as specifically set forth in the last section of such Parts.
2023-S8306C (ACTIVE) - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, Generally
2023-S8306C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses
2023-S8306C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8306--C A. 8806--C S E N A T E - A S S E M B L Y January 17, 2024 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to allowable transportation expenses; to direct a foundation aid formula study by the Nelson A. Rockefeller institute; to amend the education law, in relation to transportation aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; to amend the education law, in relation to transportation aid for zero-emission school buses and establishing the New York state zero-emission bus resource center; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal pre-kindergarten and the Statewide universal full-day pre-kindergarten program; directing a study on consolidation of pre-kindergarten funding; to amend the education law, in relation to implementation of the smart schools bond act of 2014; to amend the education law, in relation to special appor- tionments and grants-in-aid to school districts; to amend the educa- tion law, in relation to extending certain provisions of the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to maximum class sizes for special classes EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-05-4 S. 8306--C 2 A. 8806--C for certain students with disabilities; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker educa- tion in New York city, in relation to reimbursement for the 2023-2024 school year withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the educa- tion law, in relation to funding for employment preparation education programs; to amend the education law, in relation to the financing of charter schools; to amend part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, in relation to extending the date for the submission of such recommen- dations; to amend chapter 537 of the laws of 1976 relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, in relation to a state subsidy; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effectiveness thereof; to amend subpart F of part C of chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; to amend chapter 121 of the laws of 1996 authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to an apportionment for salary expenses; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to repeal certain provisions of the education law relating to phase-in foundation increase; to repeal certain provisions of the education law relating to foundation aid; and providing for the repeal of certain provisions upon the expiration thereof (Part A); to amend the education law, in relation to establishing evidence-based reading instructional best practices for students attending prekinder- garten through grade three (Part B); to amend the education law, in relation to directing the commissioner of education to require the completion of a free application for federal student aid or a waiver of such requirement and requires school districts to issue annual reports on students completing the free application for federal student aid and the waiver (Part C); to amend the education law, in relation to eligibility for unrestricted aid to independent colleges and universities (Part D); intentionally omitted (Part E); to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part F); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, in relation to the effectiveness thereof (Part G); 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 H); inten- tionally omitted (Part I); to amend the labor law, in relation to nursing employees' right to express breast milk (Part J); inten- S. 8306--C 3 A. 8806--C tionally omitted (Part K); intentionally omitted (Part L); to amend chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quaran- tine or isolation due to COVID-19, in relation to providing for the expiration and repeal of such provisions (Part M); to utilize reserves in the mortgage insurance fund for various housing purposes (Part N); to amend the criminal procedure law and the penal law, in relation to the crime of deed theft; to amend the executive law, in relation to authorizing the attorney general to prosecute crimes involving deed theft; to amend the real property actions and proceedings law, in relation to the partition of heirs property; and to amend the real property law, in relation to allowing transfer on death deeds (Part O); intentionally omitted (Part P); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part Q); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwell- ings in a city having a population of one million or more (Part R); to amend the multiple dwelling law, in relation to establishing a program to address the legalization of specified basement and cellar dwelling units and the conversion of other specified basement and cellar dwell- ing units in a city with a population of one million or more (Part S); to amend the real property tax law, in relation to eligible multiple dwellings under the affordable New York housing program (Part T); to amend the real property tax law and the labor law, in relation to enacting the affordable neighborhoods for New Yorkers tax incentive (Part U); to amend the executive law, in relation to requiring the state fire prevention and building code council to study and adopt uniform fire prevention and building code standards to promote fire safety and accessibility in certain single-exit, single stairway multi-unit residential buildings; and providing for the repeal of such provisions upon the expiration thereof (Part V); to amend the educa- tion law, in relation to permitting tuition assistance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part W); to amend the education law, in relation to increas- ing the income eligibility threshold for the tuition assistance program (Part X); to amend the social services law, in relation to establishing differential payment rates for child care services provided by licensed, registered or enrolled child care providers (Part Y); to amend chapter 277 of the laws of 2021 amending the labor law relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed, in relation to the effectiveness thereof (Part Z); to amend the vehicle and traffic law, in relation to owner liability for failure of an operator to stop for a school bus displaying a red visual signal and stop-arm; and to amend chapter 145 of the laws of 2019, amending the vehicle and traffic law relating to school bus photo violation monitoring systems and owner liability for failure of operator to stop for a school bus displaying a red visual signal, in relation to the effectiveness thereof (Part AA); to amend the insurance law, in relation to prohibiting discrimi- nation because of the affordability of residential buildings (Part BB); to amend the education law, in relation to requiring the use of project labor agreements for large scale construction projects under the state university construction fund (Part CC); relating to the city S. 8306--C 4 A. 8806--C of Dunkirk fiscal recovery act; and providing for the repeal of such provisions upon expiration thereof (Part DD); to amend the real prop- erty tax law, in relation to establishing an optional local tax exemption for affordable multi-family housing and an optional local tax exemption for newly converted or constructed fully income restricted rental multiple dwellings (Part EE); to amend the emergency tenant protection act of nineteen seventy-four, the administrative code of the city of New York, and the emergency housing rent control law, in relation to increasing the amount recoverable by an owner for individual apartment improvements (Part FF); to amend the executive law, in relation to including an accessory dwelling unit in the term housing accommodations in the human rights law; and to amend the real property tax law, in relation to providing a tax exemption on the increase in value of property resulting from the addition of an acces- sory dwelling unit (Part GG); to amend the real property law and the real property actions and proceedings law, in relation to enacting the "good cause eviction law"; and providing for the repeal of such provisions upon the expiration thereof (Part HH); to amend the real property actions and proceedings law, in relation to further estab- lishing when a landlord-tenant relationship exists (Part II); to amend the real property tax law, in relation to directing the department of housing preservation and development to develop a program to conduct annual audits of compliance with the affordable New York housing program (Part JJ); to amend the private housing finance law, in relation to establishing the New York housing for the future homeown- ership program and the New York housing for the future rental housing program (Part KK); to amend the election law, the civil practice law and rules and the education law, in relation to regulating public data maintained by county and city boards of elections (Part LL); to amend the alcoholic beverage control law, in relation to permitting the use of contiguous and non-contiguous municipal public space by certain licensees; and to repeal chapter 238 of the laws of 2021, relating to permitting the use of municipal space for outdoor dining (Part MM); to amend the transportation law, in relation to clarifying certain provisions of the stretch limousine passenger safety act (Part NN); to amend the vehicle and traffic law, in relation to establishing speed limits in cities with populations in excess of one million people (Part OO); to amend the public health law, in relation to enacting the reproductive freedom and equity grant program (Part PP); to amend the retirement and social security law and the administrative code of the city of New York, in relation to the calculation of the final average salary for purposes of the calculation of a pension benefit (Part QQ); to amend the tax law, in relation to reducing the rate of tax applica- ble to certain authorized combative sports under article 19 thereof (Part RR); authorizing the lease of certain lands located at the State University of New York at Stony Brook (Part SS); to amend the public authorities law, in relation to bonds issued by the New York city transitional finance authority (Part TT); to amend the public authori- ties law, in relation to fare enforcement by the metropolitan trans- portation authority (Part UU); in relation to directing the office of children and family services to conduct a study to evaluate the feasi- bility of providing after school programming to every school-aged child in New York (Part VV); to amend the vehicle and traffic law, in relation to obstructed or obscured license plates and the penalty imposed upon the operator of a vehicle with an intentionally altered or obscured license plate while on a toll highway, bridge or tunnel or S. 8306--C 5 A. 8806--C in a tolled central business district; to amend the vehicle and traf- fic law, in relation to authorizing law enforcement to confiscate license plate coverings; to amend the vehicle and traffic law, in relation to authorizing vehicle registration suspension for failure to comply with the removal of materials or substances altering or obscur- ing a license plate; and to amend the public authorities law, in relation to authorizing public authorities with bridges, tunnels or highways under their jurisdiction to enter judgments for unpaid liabilities for a violation of toll collection regulations and enforce such judgments without court proceedings (Subpart A); and to amend the public authorities law, in relation to the payment of tolls under the tolls by mail program (Subpart B) (Part WW); to provide for the admin- istration of certain funds and accounts related to the 2023-2024 budg- et, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts, in relation to the effectiveness thereof, and in relation to interest owed on outstanding balances of debt; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to hous- ing program bonds and notes; to amend the public authorities law, in relation to the issuance of bonds and notes by the dedicated highway and bridge trust fund; to amend the public authorities law, in relation to the issuance of bonds and notes for city university facil- ities; to amend the public authorities law, in relation to the issu- ance of bonds for library construction projects; to amend the public authorities law, in relation to the issuance of bonds for state university educational facilities; to amend the public authorities law, in relation to the issuance of bonds and notes for locally spon- sored community colleges; to amend chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, in relation to the issuance of mental health services facilities improvement bonds and notes; to amend part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issu- ance of bonds and notes to finance capital costs related to homeland security; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds and notes for purposes of funding office of information technol- ogy services project costs; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the estab- lishment of the dedicated highway and bridge trust fund, in relation to the issuance of funds to the thruway authority; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds and notes to fund costs for statewide equipment; to amend the public authorities law, in relation to the issuance of bonds for purposes of financing environmental infrastructure projects; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds and notes for the youth facilities improve- ment fund; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financing peace bridge projects and capital costs of state and local highways; to amend chap- ter 174 of the laws of 1968 constituting the urban development corpo- S. 8306--C 6 A. 8806--C ration act, in relation to the issuance of bonds for economic develop- ment initiatives; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of bonds and notes for the purpose of financing capital projects for the division of military and naval affairs; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds for special education and other educational facilities; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financ- ing the construction of the New York state agriculture and markets food laboratory; to amend section 1 of part D of chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to higher education capital matching grants; to amend chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, in relation to including comprehensive psychiatric emergency programs and housing for mentally ill persons in the definition of mental health services facility; to amend the state finance law, in relation to the private sale of certain revenue bonds, and in relation to including assets that provide a long-term interest in land in the definition of fixed assets; to amend the public author- ities law, in relation to bond issuance charges; to amend the state finance law, in relation to the redemption price of certain revenue bonds; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of personal income tax revenue anticipation notes; to amend the public authorities law, in relation to the issuance of bonds or notes for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities; and providing for the repeal of certain provisions upon expiration thereof (Part XX); to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part YY); to amend the education law, in relation to school governance in the city of New York; and to amend chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, and chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chan- cellor, community councils and community superintendents, in relation to the effectiveness thereof (Part ZZ); to amend the economic develop- ment law, in relation to establishing the newspaper and broadcast media jobs program; and to amend the tax law, in relation to estab- lishing the newspaper and broadcast media jobs tax credit (Part AAA); and to amend the tax law, in relation to a payment of a supplemental empire state child credit (Part BBB) 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 2024-2025 state fiscal year. Each component is wholly contained within a Part identified as Parts A through BBB. The S. 8306--C 7 A. 8806--C 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 2023, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an S. 8306--C 8 A. 8806--C 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 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 S. 8306--C 9 A. 8806--C 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; 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- S. 8306--C 10 A. 8806--C 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. The opening paragraph of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foun- dation formula aid[, provided, however that for the two thousand seven- -two thousand eight through two thousand eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand seven--two thousand eight school year computed pursuant to subparagraph (i) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand twelve- -two thousand thirteen school year, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand eleven--two thousand twelve school year computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand thirteen--two thousand fourteen school year and thereafter, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand sixteen--two thousand seventeen school year, no eligible school districts shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to subparagraph (ii) of paragraph j of subdivision one of this section plus the sum of (A) the phase-in foundation increase, (B) the executive foundation increase with a minimum increase pursuant to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMUNITY SCHOOLS AID" in the computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen--two thousand seventeen school year and entitled "BT161-7", where (1) "eligible school district" shall be defined as a district with (a) an unrestricted aid increase of less than seven percent (0.07) and (b) a three year average free and reduced price lunch percent greater than fifteen percent (0.15), and (2) "unrestricted aid increase" shall mean the quotient arrived at when dividing (a) the sum of the executive foundation aid increase plus the gap elimination adjustment for the base year, by (b) the difference of foundation aid for the base year less the gap elimination adjustment for the base year, and (3) "executive foundation increase" shall mean the difference of (a) the amounts set forth for each school district as "FOUNDATION AID" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget request S. 8306--C 11 A. 8806--C for the two thousand sixteen--two thousand seventeen school year and entitled "BT161-7" less (b) the amounts set forth for each school district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS" in such computer listing and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and the due-minimum percent which shall be, for the two thousand twelve--two thousand thirteen school year, one hundred and six-tenths percent (1.006) and for the two thousand thirteen--two thousand fourteen school year for city school districts of those cities having populations in excess of one hundred twenty-five thousand and less than one million inhabitants one hundred and one and one hundred and seventy-six thou- sandths percent (1.01176), and for all other districts one hundred and three-tenths percent (1.003), and for the two thousand fourteen--two thousand fifteen school year one hundred and eighty-five hundredths percent (1.0085), and for the two thousand fifteen--two thousand sixteen school year, one hundred thirty-seven hundredths percent (1.0037), subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent for any school year other than the two thousand seventeen--two thousand eighteen school year, provided, however, that for the two thousand sixteen--two thousand seventeen school year such maximum shall be no more than the sum of (i) the prod- uct of such total foundation aid base and one hundred fifteen percent plus (ii) the executive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing produced by the commissioner in support of the executive budget request for the two thousand sixteen-- two thousand seventeen school year and entitled "BT161-7" and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision]. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, are amended to read as follows: (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the percentage increase in the consumer price index as defined by paragraph hh of subdivision one of this section[, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjust- ment, the percentage increase in the consumer price index shall be deemed to be two and nine-tenths percent (0.029), and provided further that the foundation amount for the two thousand seven--two thousand eight school year shall be five thousand two hundred fifty-eight dollars, and provided further that for the two thousand seven--two thou- sand eight through two thousand seventeen--two thousand eighteen school years, the foundation amount shall be further adjusted by the phase-in S. 8306--C 12 A. 8806--C foundation percent established pursuant to paragraph b of this subdivi- sion], PROVIDED THAT FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX SHALL BE DEEMED TO BE TWO AND EIGHT-TENTHS PERCENT (0.028). (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three[, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154)]. The income wealth index shall be calculated pursuant to paragraph d of subdivision three of this section, provided, however, that for the purposes of computing the expected mini- mum local contribution the income wealth index shall not be less than sixty-five percent (0.65) and shall not be more than two hundred percent (2.0) [and provided however that such income wealth index shall not be more than ninety-five percent (0.95) for the two thousand eight--two thousand nine school year, and provided further that such income wealth index shall not be less than zero for the two thousand thirteen--two thousand fourteen school year]. The selected actual valuation shall be calculated pursuant to paragraph c of subdivision one of this section. Total wealth foundation pupil units shall be calculated pursuant to paragraph h of subdivision two of this section. § 4. Paragraph c of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: c. Public excess cost aid setaside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the product of: (i) the difference between the amount the school district was eligible to receive in the two thousand six--two thousand seven school year pursuant to or in lieu of paragraph six of subdivision nineteen of this section as such paragraph existed on June thirtieth, two thousand seven, minus the amount such district was eligible to receive pursuant to or in lieu of paragraph five of subdivision nineteen of this section as such para- graph existed on June thirtieth, two thousand seven, in such school year, and (ii) the sum of one and the percentage increase in the consum- er price index for the current year over such consumer price index for the two thousand six--two thousand seven school year, as defined by paragraph hh of subdivision one of this section, PROVIDED THAT THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX FOR THE TWO THOUSAND S. 8306--C 13 A. 8806--C TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR OVER SUCH CONSUMER PRICE INDEX FOR THE TWO THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR SHALL BE DEEMED TO BE FIFTY-FOUR AND ONE-TENTH PERCENT (0.541). Notwith- standing any other provision of law to the contrary, the public excess cost aid setaside shall be paid pursuant to section thirty-six hundred nine-b of this part. § 5. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 6 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE school years a city school district of a city having a popu- lation of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 6. Paragraphs b, b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of section 3602 of the education law are REPEALED and paragraph b-1 is relettered paragraph b. § 7. Paragraph k of subdivision 4 of section 3602 of the education law is REPEALED. § 8. The closing paragraph of subdivision 3 of section 3602 of the education law, as added by section 13 of part B of chapter 57 of the laws of 2007, is amended to read as follows: Such result shall be expressed as a decimal carried to three places without rounding, but shall not be greater than ninety hundredths nor less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS. § 9. Foundation aid study. 1. The Nelson A. Rockefeller institute of government of the state university of New York ("the institute") shall conduct a comprehensive study of the foundation aid formula ("the study"). The institute, in consultation with the state education depart- ment, the division of the budget, and any other state agencies the institute deems necessary, shall examine, evaluate, and recommend poten- tial modifications to the calculation of foundation aid pursuant to subdivision 4 of section 3602 of the education law. The institute shall contract with third parties as necessary to complete the study. The institute shall gather and consider feedback provided by a broad and diverse range of stakeholders, including but not limited to education organizations, teachers, parents, school administrators, and school boards. The institute shall hold at least three public hearings across the state to gather input from such stakeholders. 2. The results, findings, and recommendations of the study shall be for study purposes only, shall not be considered binding upon the execu- tive or the legislature in any manner, and shall not establish the constitutional minimum cost to provide an opportunity for a sound basic education. 3. The foundation aid formula, as modified by the recommendations of the study, shall achieve the following: (a) be fiscally sustainable for the state, local taxpayers, and school districts; and (b) calculate foundation aid payable for all school districts consist- ently using only the most recent year or years of available data on pupil counts, student needs, district income and property wealth, and other formula components. S. 8306--C 14 A. 8806--C 4. The study shall evaluate each current component of the foundation aid formula and recommend whether to retain, modify, or eliminate the component, and may evaluate and recommend new components to add to the formula. Such evaluation shall consider relevant data and research. The components to be so evaluated shall include but not be limited to the following: (a) the foundation amount of instructional spending per pupil; (b) the additional weightings for pupil needs, such as for free and reduced-price lunch, census poverty, English language learners, sparsi- ty, and pupils with disabilities; (c) the adjustment for regional cost differences; (d) the calculation of school districts' relative wealth; (e) the expected minimum local contribution toward the adjusted foun- dation amount; and (f) the pupil counts, such as public enrollment and average daily membership. 5. In support of its recommendations, the study shall at a minimum examine the following: (a) New York's overall state and local system of funding public educa- tion compared to those of other states, including but not limited to the methodologies and levels of funding; (b) the extent to which the current calculation of the foundation amount is inconsistent with current adjustments for pupil needs and regional cost differences and includes costs supported by other non-lo- cal revenues; (c) the additional instructional costs associated with addressing the needs of certain groups of students, including whether and how to prop- erly weight students belonging to multiple such groups; (d) the extent to which teacher salaries, other professional salaries, the cost of living, and school district spending per pupil vary by region; (e) the formula's adjusted foundation amount compared to school districts' actual spending on the costs intended to be supported by such amount; (f) the formula's expected minimum local contribution compared to school districts' actual local contribution and fiscal capacity, includ- ing but not limited to property tax levy, unexpended surplus in excess of the limit established by section 1318 of the real property tax law, and other potential offsets; (g) the extent to which school districts' property tax rates vary by districts' relative income; and (h) school districts' overall financial condition, including annual operating deficits or surpluses and accumulated fund balances and reserves. 6. The institute shall submit a report of its findings and recommenda- tions to the governor, the temporary president of the senate, and the speaker of the assembly on or before December 1, 2024. § 10. Intentionally omitted. § 10-a. Paragraph d-1 of subdivision 14 of section 3602 of the educa- tion law, as added by section 17-a of part B of chapter 57 of the laws of 2007, is amended to read as follows: d-1. For purposes of paragraph d of this subdivision, "selected oper- ating aid per pupil" shall mean the apportionment computed for the 2006-07 school year, based on data on file with the commissioner as of the date upon which an electronic data file was created for the purposes of compliance with paragraph b of subdivision twenty-one of section S. 8306--C 15 A. 8806--C three hundred five of this chapter on February fifteenth[, as: the prod- uct of (i) the state sharing ratio calculated pursuant to paragraph g of subdivision three of this section and (ii) the sum of $3,900 and the product of (a) the lesser of $8,000 or the expense per pupil as defined in subdivision one of this section minus $3,900 and (b) the greater of the quotient, computed to four decimals without rounding, of .075 divided by the school district combined wealth ratio calculated pursuant to paragraph c of subdivision three of this section or 7.5 percent, but not less than $400, and the selected apportionment shall mean the prod- uct of the district's total aidable pupil units calculated pursuant to subdivision two of this section and the selected operating aid per pupil as calculated pursuant to the provisions contained herein], PROVIDED FURTHER THAT FOR SCHOOL DISTRICTS WHICH REORGANIZE ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, FOR PURPOSES OF PARAGRAPH D OF THIS SUBDIVISION, "SELECTED OPERATING AID PER PUPIL" SHALL MEAN THE TOTAL FOUNDATION AID BASE, AS DEFINED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, CALCULATED AS OF THE EFFECTIVE DATE OF THE REORGAN- IZATION. § 11. Subparagraphs 2 and 3 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, are amended to read as follows: (2) is a construction emergency project to remediate emergency situ- ations which arise in public school buildings and threaten the health and/or safety of building occupants, as a result of the unanticipated discovery of asbestos or other hazardous substances during construction work on a school or significant damage caused by a fire, snow storm, ice storm, excessive rain, high winds, flood or a similar catastrophic event which results in the necessity for immediate repair[; and/or (3) if bonded pursuant to paragraph j of subdivision six of this section, would cause a city school district in a city having a popu- lation of less than one hundred twenty-five thousand inhabitants to exceed ninety-five percent of its constitutional debt limit provided, however, that any debt issued pursuant to paragraph c of section 104.00 of the local finance law shall not be included in such calculation]. § 11-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 of the education law, as added by chapter 617 of the laws of 2021, is renumbered subparagraph 11 and a new subparagraph 12 is added to read as follows: (12) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE PURPOSE OF COMPUTATION OF BUILDING AID FOR CONSTRUCTION, RECON- STRUCTION OR MODERNIZING OF NO MORE THAN ONE PROJECT BY THE BINGHAMTON CITY SCHOOL DISTRICT, MULTI-YEAR COST ALLOWANCES FOR THE PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH. § 12. The opening paragraph of subdivision 2 of section 3623-a of the education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: Allowable transportation capital, debt service and lease expense shall include base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION, NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND- ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA- GRAPH D OF SUBDIVISION THREE OF THIS SECTION. § 13. Subdivision 3 of section 3623-a of the education law is amended by adding added a new paragraph d to read as follows: S. 8306--C 16 A. 8806--C D. (1) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI- RONMENTAL CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE. (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT SERVICE, OR LEASES WHICH ARE RELATED TO COSTS ASSOCIATED WITH THE PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS, PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON- MENTAL CONSERVATION LAW, SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD- UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW. (3) THE ENTITY AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON- MENTAL CONSERVATION LAW SHALL PROVIDE TO THE COMMISSIONER A LIST OF GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO- EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM SUCH VOUCHER, THE DATE ON WHICH THE PAYMENT OR GRANT WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. § 13-a. Subdivision 4 of section 3627 of the education law, as amended by section 18-a of part A of chapter 56 of the laws of 2023, is amended to read as follows: 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen school year and thereafter and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be consid- ered approved transportation expenses eligible for transportation aid, provided further that for the two thousand thirteen--two thousand four- teen school year such aid shall be limited to eight million one hundred thousand dollars and for the two thousand fourteen--two thousand fifteen school year such aid shall be limited to the sum of twelve million six hundred thousand dollars plus the base amount and for the two thousand fifteen--two thousand sixteen school year through two thousand eigh- teen--two thousand nineteen school year such aid shall be limited to the sum of eighteen million eight hundred fifty thousand dollars plus the base amount and for the two thousand nineteen--two thousand twenty school year such aid shall be limited to the sum of nineteen million three hundred fifty thousand dollars plus the base amount and for the S. 8306--C 17 A. 8806--C two thousand twenty--two thousand twenty-one school year such aid shall be limited to the sum of nineteen million eight hundred fifty thousand dollars plus the base amount and for the two thousand twenty-two--two thousand twenty-three school year such aid shall be limited to the sum of twenty-two million three hundred fifty thousand dollars plus the base amount and for the two thousand twenty-three--two thousand twenty-four school year [and thereafter] such aid shall be limited to the sum of twenty-four million eight hundred fifty thousand dollars plus the base amount AND FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF TWEN- TY-NINE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT. For purposes of this subdivision, "base amount" means the amount of transportation aid paid to the school district for expendi- tures incurred in the two thousand twelve--two thousand thirteen school year for transportation that would have been eligible for aid pursuant to this section had this section been in effect in such school year, except that subdivision six of this section shall be deemed not to have been in effect. And provided further that the school district shall continue to annually expend for the transportation described in subdivi- sion one of this section at least the expenditures used for the base amount. § 13-b. New York state zero-emission school bus resource center. There shall be established within the New York state energy research and development authority a center to be known as the "New York state zero- emission school bus resource center". Such center shall provide informa- tion for school districts regarding the transition to zero-emission school buses pursuant to section 3638 of the education law and shall serve as a point of contact for questions and concerns from school districts, including those that may require referral or consultation with other agencies. The New York state energy research and development authority may partner with other departments and agencies to produce guidance and instructional materials, regularly updated as needed, in response to frequently asked inquiries and issues from school districts. The New York state energy research and development authority shall main- tain a dedicated webpage containing information for the public and school districts regarding the transition to zero-emission school buses, including guidance, instructional materials, funding opportunities, and any other relevant documents or forms, and such webpage shall include electronic and telephone contact information of the New York state zero- emission school bus resource center. § 14. Paragraph i of subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 56 of the laws of 2023, is amended to read as follows: i. For the two thousand twenty-one--two thousand twenty-two school year through the two thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-FIVE school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand twenty--two thousand twenty-one school year and entitled "SA202-1", and such appor- tionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. S. 8306--C 18 A. 8806--C § 15. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 56 of the laws of 2023, 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY- FIVE school year equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commis- sioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- MATED AIDS" in the school aid computer listing produced by the commis- sioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 16. Paragraph d of subdivision 10 of section 3602-e of the education law, as amended by section 23-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: d. Notwithstanding any other provision of this section, apportionments under this section greater than the amounts provided in the two thousand sixteen--two thousand seventeen school year shall only be used to supplement and not supplant current local expenditures of [state or] local funds on prekindergarten programs and the number of eligible full- day four-year-old prekindergarten pupils and eligible full-day three- year-old prekindergarten pupils in such programs from such sources. Current local expenditures shall include any local expenditures of [state or] local funds used to supplement or extend services provided directly or via contract to eligible children enrolled in a universal prekindergarten program pursuant to this section. § 17. Subdivision 13 of section 3602-ee of the education law, as added by section 1 of part CC of chapter 56 of the laws of 2014, is amended to read as follows: 13. Apportionments under this section shall only be used to supplement and not supplant current local expenditures of federal[, state] or local funds on pre-kindergarten programs and the number of slots in such programs from such sources. Current local expenditures shall include any local expenditures of federal[, state] or local funds used to supplement or extend services provided directly or via contract to eligible chil- S. 8306--C 19 A. 8806--C dren enrolled in a universal pre-kindergarten program pursuant to section thirty-six hundred two-e of this part. § 17-a. 1. The commissioner of education is hereby authorized and directed to conduct a study on the consolidation of all of the pre-kin- dergarten funding streams and to make recommendations on potential modifications to streamline the universal pre-kindergarten funding proc- ess and programmatic implementation. The scope of such study shall include, but shall not be limited to: (a) barriers to consolidation, including discrepancies in funding streams, oversight, and administration; (b) programmatic differences and methods of alignment; and (c) differences in payment schedules. 2. The education department shall report its findings, including any recommendations for legislative action as it may deem necessary and appropriate, to the governor, the temporary president of the senate, and the speaker of the assembly no later than December 1, 2024. § 18. Subdivision 16 of section 3602-ee of the education law, as amended by section 16 of part A of chapter 56 of the laws of 2023, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-four] TWENTY-FIVE; provided that the program shall continue and remain in full effect. § 19. Paragraphs a and b of subdivision 16 of section 3641 of the education law, as added by section 2 of part C of chapter 56 of the laws of 2014, subparagraph 3 of paragraph b as amended by section 3 of part YYY of chapter 59 of the laws of 2017, are amended to read as follows: a. Definitions. The following terms, whenever used or referred to in this subdivision, unless the context indicates otherwise, shall have the following meanings: (1) "Bonds" shall mean general obligation bonds issued pursuant to the "smart schools bond act of 2014" in accordance with article VII of the New York state constitution and article five of the state finance law. [(2) "Smart schools review board" shall mean a body comprised of the chancellor of the state university of New York, the director of the budget, and the commissioner, or their respective designees. (3)] (2) "Smart schools investment plan" shall mean a document prepared by a school district setting forth the smart schools project or projects to be undertaken with such district's smart schools allocation. [(4)] (3) "Smart schools project" shall mean a capital project as set forth and defined in subparagraphs FOUR, five, six[,] OR seven [or eight] of this paragraph. [(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU) replacement project" shall mean a capital project which, as a primary purpose, expands the availability of adequate and appropriate instruc- tional space for pre-kindergarten or provides for the expansion or construction of adequate and appropriate instructional space to replace TCUs. [(6)] (5) "Community connectivity project" shall mean a capital project which, as a primary purpose, expands high-speed broadband or wireless internet connectivity in the local community, including school buildings and campuses, for enhanced educational opportunity in the state. [(7)] (6) "Classroom technology project" shall mean a capital project to expand high-speed broadband or wireless internet connectivity solely for school buildings and campuses, or to acquire learning technology S. 8306--C 20 A. 8806--C hardware for schools, classrooms, and student use, including but not limited to whiteboards, computer servers, desktop computers, laptop computers, and tablet computers. [(8)] (7) "School safety and security technology project" shall mean a capital project to install high-tech security features in school build- ings and on school campuses, including but not limited to video surveil- lance, emergency notification systems and physical access controls, for enhanced educational opportunity in the state. [(9)] (8) "Selected school aid" shall mean the sum of the amounts set forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget proposal for the two thousand fourteen-fifteen school year. [(10)] (9) "Smart schools allocation" shall mean, for each school district, the product of (i) two billion dollars ($2,000,000,000) multi- plied by (ii) the quotient of such school district's selected school aid divided by the total selected school aid to all school districts. b. Smart schools investment plans. (1) [The smart schools review board] SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER shall issue guidelines setting forth required components and eligibility criteria for smart schools investment plans to be submitted by school districts. Such guidelines shall include but not be limited to: (i) a timeline for school district submission of smart schools investment plans; (ii) any requirements for the use of available state procurement options where applicable; (iii) any limitations on the amount of a district's smart schools allocation that may be used for assets with a short probable life; and (iv) the loan of smart schools classroom technology pursuant to section seven hundred fifty-five of this chapter. (2) No school district shall be entitled to a smart schools grant until such district shall have submitted a smart schools investment plan to the [smart schools review board] DEPARTMENT and received [such board's] THE COMMISSIONER'S approval of such investment plan. In devel- oping such investment plan, school districts shall consult with parents, teachers, students, community members and other stakeholders. (3) The [smart schools review board] COMMISSIONER shall review all smart schools investment plans for compliance with all eligibility criteria and other requirements set forth in the guidelines. The [smart schools review board] COMMISSIONER may approve or reject such plans, or may return such plans to the school district for modifications; provided that notwithstanding any inconsistent provision of law, the [smart schools review board] COMMISSIONER shall approve no such plan first submitted to the department on or after April fifteenth, two thousand seventeen, unless such plan calculates the amount of classroom technolo- gy to be loaned to students attending nonpublic schools pursuant to section seven hundred fifty-five of this chapter in a manner that includes the amount budgeted by the school district for servers, wire- less access points and other portable connectivity devices to be acquired as part of a school connectivity project. Upon approval, the smart schools project or projects described in the investment plan shall be eligible for smart schools grants. A smart schools project included in a school district's smart schools investment plan shall not require S. 8306--C 21 A. 8806--C separate approval of the commissioner unless it is part of a school construction project required to be submitted for approval of the commissioner pursuant to section four hundred eight of this chapter and/or subdivision six of section thirty-six hundred two of this arti- cle. Any department, agency or public authority shall provide the [smart schools review board] DEPARTMENT with any information it requires to fulfill its duties pursuant to this subdivision. (4) Any amendments or supplements to a smart schools investment plan shall be submitted to the [smart schools review board] DEPARTMENT for approval, and shall not take effect until such approval is granted. § 20. Intentionally omitted. § 21. Intentionally omitted. § 22. Intentionally omitted. § 23. The opening paragraph of section 3609-a of the education law, as amended by section 18 of part A of chapter 56 of the laws of 2023, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-FIVE school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appro- priation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivi- sion one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand [twenty-three] TWEN- TY-FOUR--two thousand [twenty-four] TWENTY-FIVE school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA232-4"] "SA242-5". § 24. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: S. 8306--C 22 A. 8806--C b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN- TY-NINE. § 25. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [twenty-four] TWENTY-FIVE, 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 S. 8306--C 23 A. 8806--C 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. § 26. 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 38 of part YYY of chapter 59 of the laws of 2019, 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, [2024] 2025 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, [2024] 2025; § 27. 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 20 of part A of chapter 56 of the laws of 2023, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twenty- five cents per contact hour, reimbursement for the 2021--2022 school year shall not exceed 56.0 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 percent of the lesser of such approvable costs per contact hour or sixteen dollars and sixty cents per contact hour, [and] reimbursement for the 2023--2024 school year shall not exceed 54.7 percent of the lesser of such approvable costs per contact hour or seventeen dollars and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS AND SEVENTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); for the 2021--2022 school year such contact hours shall not exceed one million four hundred sixteen thousand one hundred twenty-two (1,416,122); for the 2022--2023 school year such contact hours shall not exceed one S. 8306--C 24 A. 8806--C million four hundred six thousand nine hundred twenty-six (1,406,926); [and] for the 2023--2024 school year such contact hours shall not exceed one million three hundred forty-two thousand nine hundred seventy-five (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION TWO HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY-THREE (1,228,733). 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. § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion cc to read as follows: CC. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2024--2025 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). § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 22 of part A of chapter 56 of the laws of 2023, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed June 30, [2024] 2025. § 29-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 22-a of part A of chapter 56 of the laws of 2023, 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-FIVE, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appropriated for purposes of this subdivision for the purpose of serving persons twenty-one years of age or older who have not been enrolled in any school for the preceding school year, including persons who have received a high school diploma or high school equivalency diploma but fail to demonstrate basic educational competencies as defined in regulation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment prep- aration education programs operated pursuant to this subdivision. § 30. Paragraph (d) of subdivision 1 of section 2856 of the education law, as amended by section 36-c of part A of chapter 56 of the laws of 2021, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand S. 8306--C 25 A. 8806--C twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 31. Paragraph (c) of subdivision 1 of section 2856 of the education law, as amended by section 36-d of part A of chapter 56 of the laws of 2021, is amended to read as follows: (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. Provided that for expenses incurred in the two thousand twenty--two thousand twenty-one school year, for a city school district in a city having a population of one million or more, the annual appor- tionment shall be reduced by thirty-five million dollars ($35,000,000) upon certification by the director of the budget of the availability of a grant in the same amount from the elementary and secondary school emergency relief funds provided through the American rescue plan act of 2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI- CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2). § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, is amended to read as follows: 3. The state education department shall present its recommendations and analysis to the governor, the director of the division of the budg- et, the temporary president of the senate, the speaker of the assembly, the chairperson of the senate finance committee, and the chairperson of the assembly ways and means committee no later than July 1, [2025] 2027. Adoption of any alternative rate-setting methodologies shall be subject to the approval of the director of the division of the budget. § 32-a. Subdivision b 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, as amended by section 22-b of part A of chapter 56 of the laws of 2022, is 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 S. 8306--C 26 A. 8806--C thereafter, a school food authority shall be eligible for a [lunch meal] State subsidy [of twenty-five cents, which shall include any annual State subsidy received by such school food authority under any other provision of State law] 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. § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 23 of part A of chapter 56 of the laws of 2022, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2024] 2029. § 34. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 46 of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2024] 2029 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 35. 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 2025 and not later than the last day of the third full business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and June 30, 2024 and such apportionment shall not exceed the sum of (a) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (b) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (c) 209 percent of such amount for a city school district in a city with a population of S. 8306--C 27 A. 8806--C 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 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 one and two 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 apportionment 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 para- graph, 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. § 36. 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, 2025, 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, 2025 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be S. 8306--C 28 A. 8806--C 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 one and two 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 apportionment 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 para- graph, 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. § 36-a. Subdivision a of section 5 of chapter 121 of the laws of 1996 authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 30-a of part A of chapter 56 of the laws of 2023, 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 [2023-24] 2024-25 school year, four million dollars ($4,000,000); for the [2024-25] 2025-26 school year, three million dollars ($3,000,000); for the [2025-26] 2026-27 school year, two million dollars ($2,000,000); for the [2026-27] 2027-28 school year, one million dollars ($1,000,000); and for the [2027-28] 2028-29 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. S. 8306--C 29 A. 8806--C § 37. 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 2024--2025 school year. For the city school district of the city of New York there shall be a set-aside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). 2. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such set-aside funds for: (a) any instructional or instructional support costs associated with the operation of a magnet school; or (b) any instructional or instructional support costs associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. 3. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2024--2025 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 2024--2025 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 S. 8306--C 30 A. 8806--C 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 2024--2025 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 38. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2024 enacting the aid to localities budget shall be apportioned for the 2024--2025 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of such chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2024--2025 by a chapter of the laws of 2024 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. § 39. 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, part of this act or remainder thereof, as the case may be, to any other S. 8306--C 31 A. 8806--C 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. § 40. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2024, provided, however, that: 1. sections one, two, three, four, five, six, eight, ten-a, twelve, thirteen, thirteen-a, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three, twenty-four, twenty-five and thirty-seven of this act shall take effect July 1, 2024; 2. section seven of this act shall take effect July 1, 2025; 3. section nine of this act shall take effect immediately and shall expire and be deemed repealed December 31, 2024; 4. section thirteen-b of this act shall take effect 90 days after it shall have become a law and shall expire and be deemed repealed July 1, 2035; 5. section seventeen-a of this act shall expire and be deemed repealed April 1, 2025; 6. the amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twenty-seven and twenty-eight of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith; 7. the amendments to paragraph (d) of subdivision 1 of section 2856 of the education law made by section thirty of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section thirty-one of this act shall take effect; and 8. section thirty-two-a of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2023. PART B Section 1. The education law is amended by adding a new section 818 to read as follows: § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMIS- SIONER SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRAC- TICES FOR THE TEACHING OF READING TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE. INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPETENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOPMENT, READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOW- LEDGE, ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE DEPARTMENT'S CULTURALLY RESPONSIVE-SUSTAINING FRAMEWORK. SUCH INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE APPROPRIATE. (B) EVERY SCHOOL DISTRICT SHALL ANNUALLY REVIEW THEIR CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING FOR STUDENTS IN PREK- INDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY ALIGN WITH THE READ- ING INSTRUCTIONAL BEST PRACTICES PROVIDED BY THE COMMISSIONER, AND THAT ALL EARLY READING INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE PART OF S. 8306--C 32 A. 8806--C AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN PREKIN- DERGARTEN THROUGH GRADE THREE. 2. FOR THE PURPOSE OF THIS SECTION, "EVIDENCE-BASED AND SCIENTIFICALLY BASED", "PHONEMIC AWARENESS", "COMPREHENSION", "READING FLUENCY", "VOCABULARY DEVELOPMENT", "CULTURALLY RESPONSIVE-SUSTAINING FRAMEWORK", AND SUCH OTHER TERMS NECESSARY TO IMPLEMENT THIS SECTION SHALL BE AS DEFINED BY THE COMMISSIONER IN REGULATIONS. 3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, EVERY SCHOOL DISTRICT SHALL VERIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE 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. Section 305 of the education law is amended by adding a new subdivision 61 to read as follows: 61. A. THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO ENSURE VERIFICATION OF ONE OF THE FOLLOWING FROM THE PARENT OR GUARDIAN OF EACH STUDENT OR FROM THE STUDENT IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, DURING THE SCHOOL YEAR IN WHICH THE STUDENT IS A SENIOR ENROLLED IN SUCH SCHOOL DISTRICT: (1) COMPLETION OF EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM PROMULGATED BY THE DEPARTMENT INDICATING THAT THE PARENT OR GUARDIAN OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, THE STUDENT UNDERSTANDS WHAT THE FREE APPLICATION FOR FEDERAL STUDENT AID OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION ARE AND HAS CHOSEN NOT TO FILE AN APPLICATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA- GRAPH. FOR PURPOSES OF THIS SUBDIVISION, VERIFICATION OF COMPLETION OF EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID OR THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION SHALL NOT REQUIRE A PARENT, GUARDI- AN, OR STUDENT TO IDENTIFY WHICH TYPE OF APPLICATION WAS COMPLETED. B. ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA FOR ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL: (1) THE TOTAL NUMBER OF STUDENTS THAT HAVE COMPLETED EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; (2) THE NUMBER OF STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED. C. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT TO NOTIFY EACH HIGH SCHOOL SENIOR, NO LESS THAN TWO TIMES DURING EACH SCHOOL YEAR, OF THE STATE-SPONSORED SCHOLARSHIPS, FINANCIAL AID AND ASSISTANCE AVAILABLE TO STUDENTS ATTENDING COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE REFERRALS FOR SUPPORT OR ASSISTANCE TO COMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID OR, IF APPLICABLE, THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION. D. A STUDENT SHALL NOT BE PENALIZED OR PUNISHED IF THE STUDENT'S PARENT OR GUARDIAN OR THE STUDENT, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, DOES NOT FULFILL THE REQUIREMENTS OF THIS SUBDIVISION AND THIS SUBDIVISION SHALL NOT AFFECT A STUDENT'S ABILITY TO GRADUATE. S. 8306--C 33 A. 8806--C § 2. This act shall take effect on August 15, 2024. Effective imme- diately, the addition, amendment and/or repeal of any rule or regu- lation necessary for the implementation of this act on its effective date are authorized to be made, including by emergency, and completed on or before such effective date. PART D Section 1. The opening paragraph of paragraph (a) of subdivision 2 of section 6401 of the education law, as amended by chapter 717 of the laws of 1981, is amended to read as follows: Notwithstanding the provisions of any other law, in order to qualify for state aid apportionments pursuant to this section, any institution of higher education must meet either the requirements set forth in subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter- native, the requirements set forth in paragraph (b) of this subdivision: § 2. Paragraph (a) of subdivision 2 of section 6401 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) THE INSTITUTION MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA- TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS. § 3. Paragraph (b) of subdivision 2 of section 6401 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) THE SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA- TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS. § 4. Subdivision 3 of section 6401 of the education law, as amended by chapter 361 of the laws of 2014, is amended to read as follows: 3. Degree awards. The amount of such annual apportionment to each institution meeting the requirements of subdivision two of this section shall be computed by multiplying by not to exceed six hundred dollars the number of earned associate degrees, by not to exceed one thousand five hundred dollars the number of earned bachelor's degrees, by not to exceed nine hundred fifty dollars the number of earned master's degrees, and by not to exceed four thousand five hundred fifty dollars the number of earned doctorate degrees, conferred by such institution during the twelve-month period next preceding the annual period for which such apportionment is made, provided that there shall be excluded from any such computation the number of degrees earned by students with respect to whom state aid other than that established by this section or section sixty-four hundred one-a of this article is granted directly to the institution, and provided further that, except as otherwise provided in this subdivision, the amount apportioned for an associate degree shall be awarded only to two year institutions qualifying under subdivision two of this section. The regents shall promulgate rules defining and classifying professional degrees for the purposes of this section. Institutions qualifying for state aid pursuant to the provisions of paragraph (b) of subdivision two of this section shall, for purposes of this subdivision, be deemed to be the institutions which confer degrees. For purposes of this subdivision, a two-year institution which has S. 8306--C 34 A. 8806--C received authority to confer bachelor degrees shall continue to be considered a two-year institution until such time as it has actually begun to confer the bachelor's degree. Thereafter, notwithstanding any other provision of law to the contrary, an institution which was former- ly a two-year institution for the purposes of this section and which was granted authority by the regents to confer bachelor degrees, (a) such authority having been granted after the first day of June, nineteen hundred ninety-three, but before the first day of July, nineteen hundred ninety-three, (b) such authority having been granted after the first day of May, two thousand five, but before the first day of June, two thou- sand five, (c) such authority having been granted after the first day of April, two thousand nine, but before the first day of May, two thousand nine, or (d) such authority having been granted after the first day of December, two thousand nine, but before the first day of January, two thousand ten, may elect to continue to receive awards for earned associ- ate degrees. Should such institution so elect, it shall not be eligible during the time of such election to receive awards for earned bachelor's degrees. NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION, IN THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO ALL INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION WOULD OTHERWISE EXCEED THE TOTAL AMOUNT APPROPRIATED FOR UNRESTRICTED AID TO INDEPENDENT COLLEGES AND UNIVERSITIES, THE ANNUAL APPORTIONMENT TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY. § 5. This act shall take effect July 1, 2024. PART E Intentionally Omitted PART F Section 1. Section 16 of chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 4 of part DD of chapter 56 of the laws of 2021, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire [13] 16 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. § 2. This act shall take effect immediately. PART G 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 V of chapter 56 of the laws of 2023, is amended to read as follows: § 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2024] 2025; provided however that the amend- ments to subdivision 10 of section 153 of the social services law made S. 8306--C 35 A. 8806--C 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, 2024. PART H 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$175.00] $181.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (b) in the case of each individual receiving residential care, an amount equal to at least [$202.00] $208.00 for each month beginning on or after January first, two thousand [twenty-three] TWENTY-FOUR. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$241.00] $249.00 for each month beginning on or after January first, two thousand [twenty-three] TWEN- TY-FOUR. (d) for the period commencing January first, two thousand [twenty- four] TWENTY-FIVE, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [twenty-four] TWENTY-FIVE, but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE, 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 Z of chapter 56 of the laws of 2023, are amended to read as follows: (a) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living alone, [$1,001.00] $1,030.00; and for an eligible couple living alone, [$1,475.00] $1,519.00. (b) On and after January first, two thousand [twenty-three] TWENTY- FOUR, for an eligible individual living with others with or without in-kind income, [$937.00] $966.00; and for an eligible couple living with others with or without in-kind income, [$1,417.00] $1,461.00. (c) On and after January first, two thousand [twenty-three] TWENTY- FOUR, (i) for an eligible individual receiving family care, [$1,180.48] $1,209.48 if he or she 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 eligi- ble individual receiving such care in any other county in the state, [$1,142.48] $1,171.48; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving residential care, [$1,349.00] $1,378.00 if he or she is receiving such care in the city of S. 8306--C 36 A. 8806--C 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, [$1,319.00] $1,348.00; 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-three] TWENTY- FOUR, (i) for an eligible individual receiving enhanced residential care, [$1,608.00] $1,637.00; 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-four] TWENTY- FIVE but prior to June thirtieth, two thousand [twenty-four] TWENTY-FIVE. § 3. This act shall take effect December 31, 2024. PART I Intentionally Omitted PART J Section 1. Subdivision 1 of section 206-c of the labor law, as amended by chapter 672 of the laws of 2022, is amended to read as follows: 1. An employer shall provide [reasonable unpaid] PAID break time [or] FOR THIRTY MINUTES, AND permit an employee to use EXISTING paid break time or meal time FOR TIME IN EXCESS OF THIRTY MINUTES, to allow an employee to express breast milk for [her] SUCH EMPLOYEE'S nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place. § 2. This act shall take effect on the sixtieth day after it shall have become a law. PART K Intentionally Omitted PART L Intentionally Omitted PART M Section 1. Section 2 of chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or S. 8306--C 37 A. 8806--C precautionary order of quarantine or isolation due to COVID-19, is amended to read as follows: § 2. This act shall take effect immediately AND SHALL EXPIRE AND BE DEEMED REPEALED JULY 31, 2025. § 2. This act shall take effect immediately. PART N Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $17,633,000 for the fiscal year ending March 31, 2025. Within this total amount, $250,000 shall be used for the purpose of entering into a contract with the neighborhood preservation coalition to provide technical assistance and services to companies funded pursuant to article 16 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed $17,633,000, 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 2023-2024 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, 2024. § 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 $7,557,000 for the fiscal year ending March 31, 2025. Within this total amount, $250,000 shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to companies funded pursuant to article 17 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $7,557,000, 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 2023-2024 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 S. 8306--C 38 A. 8806--C 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, 2024. § 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assist- ance program pursuant to article 17-A of the private housing finance law, a sum not to exceed $23,180,000 for the fiscal year ending March 31, 2025. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed $23,180,000, 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 2023-2024 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, 2024. § 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 $53,581,000 for the fiscal year ending March 31, 2025. 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 $53,581,000, 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 2023-2024 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, 2025. S. 8306--C 39 A. 8806--C § 5. This act shall take effect immediately. PART O Section 1. Short title. This act shall be known and may be cited as the "heirs property protection and deed theft prevention act of 2024". § 2. Subdivision 3 of section 30.10 of the criminal procedure law is amended by adding a new paragraph (h) to read as follows: (H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY MUST BE COMMENCED WITHIN FIVE YEARS AFTER THE COMMISSION OF THE CRIME, OR WITHIN TWO YEARS AFTER THE FACTS CONSTITUTING SUCH OFFENSE ARE DISCOVERED BY THE AGGRIEVED PARTY, WHICHEVER OCCURS LATER. § 3. Section 155.00 of the penal law is amended by adding six new subdivisions 11, 12, 13, 14, 15 and 16 to read as follows: 11. "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00 OF THIS PART. 12. "COMMERCIAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL MEAN A NONRESIDENTIAL PROPERTY USED FOR THE BUYING, SELLING OR OTHERWISE PROVIDING OF GOODS OR SERVICES INCLUDING HOTEL SERVICES, OR FOR OTHER LAWFUL BUSINESS, COMMERCIAL OR MANUFACTURING ACTIVITIES. 13. "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW. 14. "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW. 15. "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP- ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE- QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL NEEDS. 16. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER. § 4. Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi- sion 2 of section 155.05 of the penal law, paragraph (f) as added by chapter 353 of the laws of 2023, are amended and a new paragraph (g) is added to read as follows: (ix) Perform any other act which would not in itself materially bene- fit the actor but which is calculated to harm another person materially with respect to [his] SUCH OTHER PERSON'S health, safety, business, calling, career, financial condition, reputation or personal relation- ships[.];OR (f) By wage theft. A person obtains property by wage theft when [he or she] SUCH PERSON hires a person to perform services and the person performs such services and the person does not pay wages, at the minimum wage rate and over- time, or promised wage, if greater than the minimum wage rate and over- time, to said person for work performed. In a prosecution for wage theft, for the purposes of venue, it is permissible to aggregate all nonpayments or underpayments to one person from one person, into one larceny count, even if the nonpayments or underpayments occurred in multiple counties. It is also permissible to aggregate nonpayments or underpayments from a workforce into one larceny count even if such nonpayments or underpayments occurred in multiple counties[.]; OR S. 8306--C 40 A. 8806--C (G) BY DEED THEFT. A PERSON COMMITS DEED THEFT WHEN SUCH PERSON: (I) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS ANY WRITTEN INSTRUMENT INVOLVED IN THE CONVEYANCE OR FINANCING OF REAL PROP- ERTY, SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE INTENT TO DECEIVE, DEFRAUD, OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNERSHIP RIGHTS OR A PORTION THEREOF OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR (II) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR (III) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, OR TRANSFERS TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, MISREPRESENTATION, FORGERY, LARCE- NY, FALSE PRETENSES, FALSE PROMISE, OR ANY OTHER FRAUDULENT OR DECEPTIVE PRACTICE. § 5. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: § 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when [he or she] SUCH PERSON steals property and: 1. when the value of the property exceeds three thousand dollars, or 2. the property is an automated teller machine or the contents of an automated teller machine[.], OR 3. WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPER- TY, REGARDLESS OF THE VALUE. Grand larceny in the third degree is a class D felony. § 6. Section 155.40 of the penal law, as amended by chapter 515 of the laws of 1986, is amended to read as follows: § 155.40 Grand larceny in the second degree. A person is guilty of grand larceny in the second degree when [he] SUCH PERSON steals property and when: 1. The value of the property exceeds fifty thousand dollars; or 2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse [his] THE ACTOR'S position as a public servant by engaging in conduct within or related to [his] THE ACTOR'S official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely[.]; OR 3. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF: (A) ONE RESIDENTIAL REAL PROPERTY; OR (B) ONE COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (C) TWO OR MORE COMMERCIAL PROP- ERTIES. Grand larceny in the second degree is a class C felony. § 7. Section 155.42 of the penal law, as added by chapter 515 of the laws of 1986, is amended to read as follows: § 155.42 Grand larceny in the first degree. A person is guilty of grand larceny in the first degree when: 1. [he] SUCH PERSON steals property and when the value of the property exceeds one million dollars[.]; OR 2. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF (A) RESIDENTIAL REAL PROPERTY THAT IS OCCUPIED AS A HOME BY AT LEAST ONE PERSON; OR (B) RESIDENTIAL REAL PROPERTY THAT INVOLVES A HOME THAT IS OWNED BY AN ELDERLY PERSON, AN INCOMPETENT, AN INCAPACITATED PERSON, OR PHYSICALLY DISABLED PERSON; OR (C) THREE OR MORE RESIDENTIAL REAL PROP- ERTIES. S. 8306--C 41 A. 8806--C Grand larceny in the first degree is a class B felony. § 8. Subdivision 3 of section 187.00 of the penal law, as amended by chapter 507 of the laws of 2009, is amended to read as follows: 3. "Residential real property" means real property THAT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT IS improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed. § 9. Section 63 of the executive law is amended adding a new subdivi- sion 17 to read as follows: 17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF THE LAWS OF THIS STATE APPLICABLE TO ANY CRIME THAT AFFECTS THE TITLE TO, ENCUMBRANCE OF, OR THE POSSESSION OF REAL PROPERTY, INCLUDING BUT NOT LIMITED TO DEED THEFT, LARCENY, CRIMINAL POSSESSION OF STOLEN PROP- ERTY, OFFERING A FALSE INSTRUMENT FOR FILING, FALSIFYING BUSINESS RECORDS, RESIDENTIAL MORTGAGE FRAUD, OR SCHEME TO DEFRAUD. IN ALL SUCH PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY THE ATTOR- NEY GENERAL'S DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXERCISE ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM. NOTHING HEREIN SHALL IN ANY WAY ABROGATE, SUPERSEDE, OR INTERFERE WITH THE AUTHORITY OF THE DISTRICT ATTORNEY OF A COUNTY IN WHICH AN OFFENSE OCCURS TO INVESTIGATE, INITIATE AND/OR PROSECUTE ANY SUCH CRIME. § 10. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. PROHIBITION ON INITIATION OF A PARTITION ACTION. NO PARTITION ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A PARTY THAT PURCHASED OR OTHERWISE ACQUIRED THEIR SHARE OR SHARES BY MEANS OTHER THAN INHERITANCE, AND WHO DID NOT INHERIT THEIR SHARE OR SHARES DIRECTLY FROM A PERSON WHO WAS A CO-TENANT PRIOR TO THE PROPERTY BECOMING HEIRS PROPERTY OR FROM A CO-TENANT WHO WAS AN HEIR THERETO. § 11. Section 993 of the real property actions and proceedings law is amended by adding a new subdivision 13 to read as follows: 13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR SHARES OF AN HEIRS PROPERTY AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER- OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER- TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHER- ITED THEIR SHARE OR SHARES OF THE PROPERTY SHALL HAVE THE RIGHT TO PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND CONDITIONS OF THE OFFER OR COUNTEROFFER, WITH FIRST PRIORITY TO ANY CO-TENANT WHO OCCUPIES THE PROPERTY AS THEIR PRIMARY RESIDENCE AND SECOND PRIORITY TO ANY CO-TENANT WHO OTHERWISE UTILIZES THE PROPERTY. (B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE PENDING OFFER. SUCH NOTICE SHALL INCLUDE THE NAMES, ADDRESSES, PHONE NUMBERS AND ELECTRONIC MAIL ADDRESSES OF ALL OF THE OTHER CO-TENANTS. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN SECTION THREE S. 8306--C 42 A. 8806--C HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE OTHER CO-TENANTS SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE THEY ARE NOTIFIED OF THE OFFER TO MATCH SUCH OFFER. (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP- ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE OF TWO PERCENT PER ANNUM. SUCH RIGHT SHALL EXPIRE ONE HUNDRED EIGHTY DAYS AFTER THE OTHER CO-TENANTS TO THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE. § 12. The real property law is amended by adding a new section 424 to read as follows: § 424. TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER ON DEATH DEED. (B) "DESIGNATED BENEFICIARY" MEANS A PERSON DESIGNATED TO RECEIVE PROPERTY IN A TRANSFER ON DEATH DEED. (C) "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP. THE TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A TENANT IN COMMON OR OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP. (D) "PERSON" INCLUDES A NATURAL PERSON, AN ASSOCIATION, BOARD, ANY CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP OR OTHER FIRM AND THE STATE. (E) "PROPERTY" MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THIS STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER. (F) "TRANSFER ON DEATH DEED" MEANS A DEED AUTHORIZED UNDER THIS SECTION. (G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES A TRANSFER ON DEATH DEED. 2. NONEXCLUSIVITY. THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS- FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE. 3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP- ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. 4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO- CABLE EVEN IF THE DEED OR ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION. 5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS NONTESTAMENTARY. 6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A WILL. 7. REQUIREMENTS. A TRANSFER ON DEATH DEED: (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN THE ESSENTIAL ELEMENTS AND FORMALITIES OF A PROPERLY RECORDABLE INTER VIVOS DEED; (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR'S DEATH; (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED; S. 8306--C 43 A. 8806--C (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND (E) SHALL BE RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED. 8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED. A TRANS- FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT: (A) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY DURING THE TRANSFEROR'S LIFE; OR (B) CONSIDERATION. 9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT- TED. (A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF IT, ONLY IF THE INSTRUMENT: (1) IS ONE OF THE FOLLOWING: (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED EXPRESSLY OR BY INCONSISTENCY; (B) AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR PART OF THE DEED; OR (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH DEED OR PART OF THE DEED; AND (2) IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE DEED BEING REVOKED AND RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED IS RECORDED. (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR: (1) REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE INTEREST OF ANOTHER TRANSFEROR; AND (2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY ALL OF THE LIVING JOINT OWNERS. (C) AFTER A TRANSFER ON DEATH DEED IS RECORDED, IT SHALL NOT BE REVOKED BY A REVOCATORY ACT ON THE DEED. (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER OF THE PROPERTY. 10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT: (A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER, INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY; (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER- EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED; (D) AFFECT THE TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE; (E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED BENEFICIARY; OR (F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR OF THE DESIGNATED BENEFICIARY. 11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT DEATH: S. 8306--C 44 A. 8806--C (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD- ANCE WITH THE DEED. (2) THE INTEREST OF A DESIGNATED BENEFICIARY IS CONTINGENT ON THE DESIGNATED BENEFICIARY SURVIVING THE TRANSFEROR. THE INTEREST OF A DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES. (3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER- ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED SHARES WITH NO RIGHT OF SURVIVORSHIP. (4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI- ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER, OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING PART OF THE PROPERTY HELD CONCURRENTLY. (B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, CONTRACTS, MORTGAGES, LIENS, AND OTHER INTERESTS TO WHICH THE PROPERTY IS SUBJECT AT THE TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED AT THE TRANSFEROR'S DEATH. (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON DEATH DEED SHALL BELONG TO THE SURVIVING JOINT OWNER OR OWNERS WITH RIGHT OF SURVIVORSHIP. (D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE. (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION. 12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH- ING IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD, UNDUE INFLUENCE, DURESS, MISTAKE, OR OTHER INVALIDATING CAUSE TO A TRANSFER OF PROPERTY. (B) DIVORCE, ANNULMENT OR DECLARATION OF NULLITY, OR DISSOLUTION OF MARRIAGE, SHALL HAVE THE SAME EFFECT ON A TRANSFER ON DEATH DEED AS OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW. 13. RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE- FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED IN A WILL. 14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE EXTENT THE TRANSFEROR'S PROBATE ESTATE IS INSUFFICIENT TO SATISFY AN ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING SPOUSE OR CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED. (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR MORE TRANSFER ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS APPORTIONED AMONG THE PROPERTIES IN PROPORTION TO THEIR NET VALUES AT THE TRANSFEROR'S DEATH. (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION MUST BE COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH. 15. FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE A TRANSFER ON DEATH DEED: (FRONT OF FORM) S. 8306--C 45 A. 8806--C REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF THIS FORM. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC- TIVE. IDENTIFYING INFORMATION OWNER OR OWNERS MAKING THIS DEED: ____________________________________________________ PRINTED NAME MAILING ADDRESS ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: ____________________________________________________ PRIMARY BENEFICIARY I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE ALTERNATE BENEFICIARY - OPTIONAL IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. ____________________________________________________ PRINTED NAME MAILING ADDRESS, IF AVAILABLE TRANSFER ON DEATH AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT TO REVOKE THIS DEED. S. 8306--C 46 A. 8806--C SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE ____________________________________________________ NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO? WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY LIENS OR MORTGAGES (OR OTHER ENCUMBRANCES) ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH. IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY? S. 8306--C 47 A. 8806--C YES. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED? YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED. HOW DO I "RECORD" THE TOD DEED? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE DEED IN EACH COUNTY. CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND? YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED. HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED? THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED: (1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE THE TOD DEED BY WILL. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMILY MEMBER, FRIEND, OR LAWYER. DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED? NO, BUT IT IS RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER. S. 8306--C 48 A. 8806--C 16. FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO REVOKE A TRANSFER ON DEATH DEED. (FRONT OF FORM) REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE, OR IT WILL NOT BE EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE PROPERTY OF OWNERS WHO SIGN THIS REVOCATION. IDENTIFYING INFORMATION OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION: ____________________________________________________ PRINTED NAME MAILING ADDRESS ____________________________________________________ PRINTED NAME MAILING ADDRESS LEGAL DESCRIPTION OF THE PROPERTY: ____________________________________________________ REVOCATION I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH DEED. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE SIGNATURE OF WITNESSES S. 8306--C 49 A. 8806--C ____________________________________________________ SIGNATURE DATE ____________________________________________________ SIGNATURE DATE NOTARY ACKNOWLEDGMENT (INSERT NOTARY ACKNOWLEDGMENT HERE) (BACK OF FORM) COMMON QUESTIONS ABOUT THE USE OF THIS FORM HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED? COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN- TY WHERE THE PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT. HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY? THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. HOW DO I "RECORD" THE FORM? TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD THE FORM IN EACH OF THOSE COUNTIES. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI- LY MEMBER, FRIEND, OR LAWYER. I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER QUESTIONS, CONSULT A LAWYER. § 13. This act shall take effect on the ninetieth day after it shall have become a law, provided that section 424 of the real property law, as added by section twelve of this act, shall apply to any transfer on death deed made before, on, or after the effective date of this act by a transferor dying on or after the effective date of this act. PART P Intentionally Omitted S. 8306--C 50 A. 8806--C PART Q Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows: 3. Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling or dwellings on a lot shall not exceed 12.0, except [that a]: A. A fireproof class B dwelling in which six or more passenger eleva- tors are maintained and operated in any city having a local zoning law, ordinance or resolution restricting districts in such city to residen- tial use, may be erected in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordi- nance or resolution to residential uses. B. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE PERMITTED FLOOR AREA RATIO (FAR) OF ANY DWELLING OR DWELLINGS ON A LOT MAY EXCEED 12.0 PROVIDED THAT: (1) SUCH CITY APPROVES ANY INCREASE IN SUCH PERMITTED FLOOR AREA RATIO (FAR) IN ACCORDANCE WITH LOCAL REQUIREMENTS FOR PUBLIC REVIEW OF LAND USE ACTIONS INCLUDING, WHERE APPLICABLE, SUCH CITY'S UNIFORM LAND USE REVIEW PROCEDURE; (2) SUCH CITY DESIGNATES THE LOT WHERE SUCH DWELLING OR DWELLINGS ARE LOCATED AS SUBJECT TO A PROGRAM ESTABLISHED IN THE ZONING LAW, ORDINANCE OR RESOLUTION OF SUCH CITY THAT MANDATES THAT ANY NEW HOUSING ON DESIG- NATED LOTS INCLUDE MINIMUM PERCENTAGES OF PERMANENTLY AFFORDABLE HOUSING EQUIVALENT TO OR EXCEEDING THE REQUIREMENTS UNDER ANY MANDATORY INCLU- SIONARY HOUSING PROGRAM; (3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED ON THE SAME ZONING LOT AS A BUILDING OCCUPIED IN WHOLE OR IN PART FOR JOINT LIVING-WORK QUAR- TERS FOR ARTISTS PURSUANT TO ARTICLE SEVEN-B OF THIS CHAPTER, OR ON THE SAME ZONING LOT AS A BUILDING SUBJECT TO ARTICLE SEVEN-C OF THIS CHAP- TER; (4) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG- NATED BY SUCH CITY AS A HISTORIC DISTRICT; (5) NO MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) EXCEEDING 12.0 SHALL BE NEWLY CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS SUBDIVISION ON ANY ZONING OR TAX LOT THAT CONTAINS A DWELLING OR MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) BELOW 12.0 UNLESS SUCH DWELLING OR MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) BELOW 12.0 COMPLIES WITH THE REQUIREMENTS OF SECTION 27-2093.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR ANY SUCCESSOR LAW OR PROGRAM RELATING TO THE ISSUANCE OF CERTIFICATES OF NO HARASSMENT AS DEFINED IN SUCH SECTION, IN ACCORDANCE WITH TERMS OF SUCH SECTION OR SUCCESSOR LAW OR PROGRAM, PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL AFFECT THE APPLICATION OF SUCH SECTION TO ANY OTHER BUILDING; AND (6) THE OWNER OF A DWELLING OR DWELLINGS THAT ARE DEMOLISHED OR REMOVED TO CONSTRUCT A MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) EXCEEDING 12.0 SHALL OFFER, TO EACH HOUSEHOLD WHO OCCUPIED SUCH A DWELL- ING UNIT WITHIN THE SIX MONTHS PRECEDING SUCH DEMOLITION OR REMOVAL, FINANCIAL COMPENSATION EQUAL TO ONE MONTH'S RENT FOR EVERY YEAR OF LAWFUL TENANCY IN SUCH DWELLING UNIT, NOT TO EXCEED SIX MONTHS, OR A LEASE IN A COMPARABLE UNIT AT A COMPARABLE RENT IN A DECENT, SAFE, AND SANITARY DWELLING IN AN AREA NOT GENERALLY LESS DESIRABLE IN REGARD TO PUBLIC UTILITIES AND PUBLIC AND COMMERCIAL FACILITIES. S. 8306--C 51 A. 8806--C C. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, A GENERAL PROJECT PLAN ADOPTED BY THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION FOR A PROJECT MAY PERMIT A FLOOR AREA RATIO (FAR) OF ANY DWELLING OR DWELLINGS ON A LOT TO EXCEED 12.0 PROVIDED THAT: (1) NOT LESS THAN TWENTY-FIVE PERCENT OF ANY RENTAL DWELLING UNITS IN SUCH PROJECT, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A WEIGHT- ED AVERAGE OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS; (2) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED ON THE SAME ZONING LOT AS A BUILDING OCCUPIED IN WHOLE OR IN PART FOR JOINT LIVING-WORK QUAR- TERS FOR ARTISTS PURSUANT TO ARTICLE SEVEN-B OF THIS CHAPTER, OR ON THE SAME ZONING LOT AS A BUILDING SUBJECT TO ARTICLE SEVEN-C OF THIS CHAP- TER; (3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG- NATED BY SUCH CITY AS A HISTORIC DISTRICT; (4) NO MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) EXCEEDING 12.0 SHALL BE NEWLY CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS SUBDIVISION ON ANY ZONING OR TAX LOT THAT CONTAINS A DWELLING OR MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) BELOW 12.0 UNLESS SUCH DWELLING OR MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) BELOW 12.0 COMPLIES WITH THE REQUIREMENTS OF SECTION 27-2093.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR ANY SUCCESSOR LAW OR PROGRAM RELATING TO THE ISSUANCE OF CERTIFICATES OF NO HARASSMENT AS DEFINED IN SUCH SECTION, IN ACCORDANCE WITH TERMS OF SUCH SECTION OR SUCCESSOR LAW OR PROGRAM, PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL AFFECT THE APPLICATION OF SUCH SECTION TO ANY OTHER BUILDING; AND (5) THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION SHALL NOT BE EMPOWERED TO UNDERTAKE THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF A PROJECT PURSUANT TO THIS PARAGRAPH UNLESS THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION FINDS THAT THERE IS A FEASIBLE METHOD FOR THE RELOCATION OF FAMILIES AND INDIVIDUALS DISPLACED FROM THE PROJECT AREA INTO DECENT, SAFE AND SANITARY DWELL- INGS, WHICH ARE OR WILL BE PROVIDED IN THE PROJECT AREA OR IN OTHER AREAS NOT GENERALLY LESS DESIRABLE IN REGARD TO PUBLIC UTILITIES AND PUBLIC AND COMMERCIAL FACILITIES, AT RENTS OR PRICES WITHIN THE FINAN- CIAL MEANS OF SUCH FAMILIES OR INDIVIDUALS, AND REASONABLY ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT. INSOFAR AS IS FEASIBLE, THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION SHALL OFFER HOUSING ACCOMMODATIONS TO SUCH FAMILIES AND INDIVIDUALS IN RESIDENTIAL PROJECTS OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION. THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION MAY RENDER TO BUSINESS AND COMMERCIAL TENANTS AND TO FAMI- LIES OR OTHER PERSONS DISPLACED FROM THE PROJECT AREA, SUCH ASSISTANCE AS IT MAY DEEM NECESSARY TO ENABLE THEM TO RELOCATE. § 2. This act shall take effect immediately. PART R Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph e is added to read as follows: c. Money loaned by the public entity that is to be repaid on a contin- gent basis; [or] S. 8306--C 52 A. 8806--C d. Credits that are applied by the public entity against repayment of obligations to the public entity[.]; OR E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP- ERTY TAX LAW. § 2. The real property tax law is amended by adding a new section 467-m to read as follows: § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI- PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE- FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS SECTION. B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY-FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI- OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI- LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL- LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT. E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER- VATION AND DEVELOPMENT. F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS. G. "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, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. H. "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO AN ELIGIBLE CONVER- SION, THE DATE UPON WHICH A PERMIT IS ISSUED BY THE LOCAL DEPARTMENT OF BUILDINGS FOR ALTERATIONS THAT REQUIRE THE ISSUANCE OF A NEW CERTIFICATE OF OCCUPANCY, PROVIDED THAT SUCH ALTERATIONS CONSTITUTE AN ELIGIBLE CONVERSION. I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART- MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF S. 8306--C 53 A. 8806--C OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL- ING. J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE. K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN- TIAL BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN ELIGIBLE MULTIPLE DWELLING. M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND THIRTY-ONE; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-NINE. N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC- TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT. Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHATTAN. R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN- TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND, RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC- TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN- CY. V. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA- TION 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 SECTION OR AS AMENDED THERE- AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTANTIALLY THE SAME SUBJECT MATTER. X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. S. 8306--C 54 A. 8806--C Y. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS. Z. "THIRTY-FIVE YEAR BENEFITÖ SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST THIRTY YEARS OF THE RESTRICTION PERIOD; (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, A NINETY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHAT- TAN PRIME DEVELOPMENT AREA, A SIXTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE THIRTY-FIRST YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, AN EIGHTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE THIRTY-SECOND YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE THIRTY-THIRD YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (VI) FOR THE THIR- TY-FOURTH YEAR OF THE RESTRICTION PERIOD; (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VII) FOR THE THIRTY-FIFTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. AA. "THIRTY YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWENTY-FIVE YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A NINETY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY-FIVE PERCENT EXEMPTION FROM REAL PROPER- TY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE TWENTY-SIXTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT- TAN PRIME DEVELOPMENT AREA, AN EIGHTY PERCENT EXEMPTION FROM REAL PROP- ERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE TWENTY-SEVENTH YEAR OF THE RESTRICTION PERI- OD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- S. 8306--C 55 A. 8806--C MENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE TWENTY-EIGHTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (VI) FOR THE TWEN- TY-NINTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VII) FOR THE THIRTIETH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. BB. "TWENTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWENTY YEARS OF THE RESTRICTION PERIOD; (A) WITHIN THE MANHATTAN PRIME DEVELOP- MENT AREA, A NINETY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHAT- TAN PRIME DEVELOPMENT AREA, A SIXTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR THE TWENTY-FIRST YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, AN EIGHTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (IV) FOR THE TWENTY-SECOND YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE TWENTY-THIRD YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS- MENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM REAL PROPERTY TAXA- TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (VI) FOR THE TWEN- TY-FOURTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VII) FOR THE TWENTY-FIFTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL, THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM S. 8306--C 56 A. 8806--C REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION, PROVIDED THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT HAS A COMMENCE- MENT DATE ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT; AN ELIGIBLE MULTIPLE DWELLING THAT HAS A COMMENCEMENT DATE ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWEN- TY-EIGHT SHALL RECEIVE A THIRTY YEAR BENEFIT; AND AN ELIGIBLE MULTIPLE DWELLING THAT HAS A COMMENCEMENT DATE ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND THIRTY-ONE SHALL RECEIVE A TWENTY-FIVE YEAR BENEFIT. 3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL. 5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI- SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING. 6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL COMPLY WITH THE AFFORDABILITY REQUIREMENT DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI- BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS DURING THE RESTRICTION PERIOD: A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL- ING. B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY S. 8306--C 57 A. 8806--C PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA- TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA- TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT. D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS- ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS. E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC PROGRAM BENEFITS. F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS- ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON- ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY. H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP. J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; (IV) IDENTIFYING THE PERMIT OR PERMITS REQUIRED FOR THE DETERMINATION OF THE COMMENCEMENT DATE UNDER THIS SECTION; AND (V) SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDA- BILITY, RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI- TOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING. K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI- SION, (I) "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS S. 8306--C 58 A. 8806--C AND/OR ANY SUCCESSOR TO SUCH APPLICANT; AND (II) "COVERED BUILDING SERVICE EMPLOYER" SHALL MEAN ANY APPLICANT AND/OR ANY EMPLOYER OF BUILD- ING SERVICE EMPLOYEES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGEMENT COMPANY OR CONTRACTOR. B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE COVERED BUILDING SERVICE EMPLOYER AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED. C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM- INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA- TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMUL- GATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLI- CANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI- DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVI- SION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION. S. 8306--C 59 A. 8806--C F. THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES SUBJECT TO THE REQUIREMENTS OF THIS SUBDIVISION AND THE AFFIDAVITS REQUIRED PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION. G. IF A COVERED BUILDING SERVICE EMPLOYER HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION WITH RESPECT TO THE SAME ELIGIBLE MULTIPLE DWELLING WITHIN A FIVE-YEAR PERI- OD, THE AGENCY MAY REVOKE ANY BENEFITS ASSOCIATED WITH SUCH ELIGIBLE MULTIPLE DWELLING UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH, A "VIOLATION" OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE DEEMED A FIND- ING BY THE FISCAL OFFICER THAT A COVERED BUILDING SERVICE EMPLOYER HAS FAILED TO COMPLY WITH PARAGRAPH (B) OF THIS SUBDIVISION AND HAS FAILED TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF BENEFITS ARE TERMINATED OR REVOKED FOR FAILURE TO COMPLY WITH THIS SUBDIVISION ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETH- ER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC PROGRAM BENEFITS FOR FAILURE TO COMPLY WITH THIS SECTION. ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMI- NATED OR REVOKED. 11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA- TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING. 13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- S. 8306--C 60 A. 8806--C TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA- TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES, AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES: A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP- MENT OF AFFORDABLE HOUSING; AND B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER- SION. 15. MULTIPLE RESIDENCE. A NON-RESIDENTIAL BUILDING UNDERGOING AN ELIGIBLE CONVERSION SHALL BE CONSIDERED A MULTIPLE RESIDENCE DURING THE CONSTRUCTION PERIOD. 16. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 17. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR AFTER THE EXPIRATION DATE OF THE BENEFIT PROVIDED PURSUANT TO THIS SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION. B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE- FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU- ANT TO SUBDIVISION SIXTEEN OF THIS SECTION. C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION. D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI- SONMENT NOT TO EXCEED SIX MONTHS. § 3. This act shall take effect immediately. PART S Section 1. The multiple dwelling law is amended by adding a new arti- cle 7-D to read as follows: S. 8306--C 61 A. 8806--C ARTICLE 7-D LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS SECTION 288. DEFINITIONS. 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS. § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "COMMUNITY DISTRICT" SHALL REFER TO A COMMUNITY DISTRICT AS ESTABLISHED PURSUANT TO CHAPTER SIXTY-NINE OF THE NEW YORK CITY CHAR- TER. 2. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW- FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED THAT SUCH INHABITED BASEMENT DWELLING UNIT IS LOCATED IN ANY OF THE COMMUNITY DISTRICTS SPECIFIED IN SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHTY-NINE OF THIS ARTICLE; 3. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC- TIVE DATE OF THIS ARTICLE, PROVIDED THAT SUCH INHABITED CELLAR DWELLING UNIT IS LOCATED IN ANY OF THE COMMUNITY DISTRICTS SPECIFIED IN SUBDIVI- SION FOUR OF SECTION TWO HUNDRED EIGHTY-NINE OF THIS ARTICLE; 4. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT A WRITTEN AGREEMENT; AND 5. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT DWELLING UNIT OR AN INHABITED CELLAR DWELLING UNIT IS RENTED. § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 1. NOTWITH- STANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY MAY, BY LOCAL LAW, ESTABLISH A PILOT PROGRAM TO ADDRESS, (A) THE LEGALI- ZATION OF SPECIFIED INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVER- SION OF OTHER SPECIFIED BASEMENT AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS, PROVIDED THAT ANY SUCH OTHER SPECIFIED BASEMENT AND CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE IS LOCATED IN ANY OF THE COMMUNITY DISTRICTS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. THE LOCAL LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL BE PROTECTIVE OF HEALTH AND SAFETY ACCORDING TO STANDARDS ESTABLISHED IN CONSULTATION WITH THE FIRE DEPARTMENT OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS, AND OFFICE OF EMERGENCY MANAGEMENT. THE LOCAL LAW SHALL FURTHER PROVIDE THAT ANY APPLICATION TO LEGALIZE OR CONVERT A BASEMENT OR CELLAR DWELLING UNIT TO A LEGAL DWELLING UNIT LOCATED WITHIN A FLOOD HAZARD AREA AS DEFINED IN SECTION TWO HUNDRED TWO OF THE CITY BUILDING CODE SHALL BE SUBJECT TO ADDITIONAL HEALTH AND SAFETY STANDARDS. THE LOCAL LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER. 2. (A) THE PILOT PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER ACCEPTED INTO THE PROGRAM WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR S. 8306--C 62 A. 8806--C DWELLING UNIT, (I) FREEDOM FROM ANY CIVIL OR ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDGMENTS OR ANY OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOLUTION OF SUCH CITY, AND (II) RELIEF FROM ANY OUTSTANDING CIVIL JUDGMENTS ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE. (B) PROVIDED, HOWEVER, THAT THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL ONLY APPLY TO VIOLATIONS OF SUCH LAWS, RULES, OR ZONING RESOLUTION THAT RENDERED AN INHABITED BASEMENT DWELLING UNIT OR AN INHABITED CELLAR DWELLING UNIT ILLEGAL BEFORE THE EFFECTIVE DATE OF THIS ARTICLE AND THE CONDUCT CONSTITUTING SUCH VIOLATION WOULD NOT VIOLATE THE LOCAL LAW ADOPTED PURSUANT TO THIS ARTICLE. (C) PROVIDED, FURTHER THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED THAT SUCH DATE SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER SHALL NOT BE APPLICABLE TO PROVIDE FOR THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECIFIED BASEMENT OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFECTIVE DATE INTO A LAWFUL DWELLING UNIT. ANY AMENDMENT OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH CITY, AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRON- MENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW. 4. THE PROGRAM ESTABLISHED BY A LOCAL LAW ENACTED PURSUANT TO THIS SECTION SHALL BE APPLICABLE ONLY WITHIN COMMUNITY DISTRICTS SELECTED BY THE LOCAL LEGISLATIVE BODY FROM THE FOLLOWING LIST: BRONX COMMUNITY DISTRICT NINE; BRONX COMMUNITY DISTRICT TEN; BRONX COMMUNITY DISTRICT ELEVEN; BRONX COMMUNITY DISTRICT TWELVE; BROOKLYN COMMUNITY DISTRICT FOUR; BROOKLYN COMMUNITY DISTRICT TEN; BROOKLYN COMMUNITY DISTRICT ELEV- EN; BROOKLYN COMMUNITY DISTRICT SEVENTEEN; MANHATTAN COMMUNITY DISTRICT TWO; MANHATTAN COMMUNITY DISTRICT THREE; MANHATTAN COMMUNITY DISTRICT NINE; MANHATTAN COMMUNITY DISTRICT TEN; MANHATTAN COMMUNITY DISTRICT ELEVEN; MANHATTAN COMMUNITY DISTRICT TWELVE; AND QUEENS COMMUNITY DISTRICT TWO. PRIOR TO THE ADOPTION OF THE LOCAL LAW AUTHORIZED BY THIS SECTION, BUT NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMUNITY BOARD OF A COMMUNITY DISTRICT NAMED IN THIS SUBDIVISION MAY ADOPT AND SUBMIT TO THE SPEAKER OF THE CITY COUNCIL A RESOLUTION IN SUPPORT OR OPPOSITION OF THE INCLUSION OF THE COMMUNITY DISTRICT IN THE PROGRAM ESTABLISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE. § 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS. 1. THE PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT BE ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE- S. 8306--C 63 A. 8806--C GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS. 2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE, WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB- LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR- IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT. 3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT. § 2. This act shall take effect immediately. PART T Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of section 421-a of the real property tax law, as amended by section 3 of part TTT of chapter 59 of the laws of 2017, is amended to read as follows: (xxviii) "Eligible multiple dwelling" shall mean EITHER (1) a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion for which the commencement date is after December thirty-first, two thousand fifteen and on or before June fifteenth, two thousand twenty-two, and for which the completion date is on or before June fifteenth, two thousand twen- ty-six, OR (2) A MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT CONTAINING SIX OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION WHICH COMPLIES WITH AFFORDABILITY OPTION A, AFFORDABILITY OPTION B, AFFORDABILITY OPTION D, AFFORDABILITY OPTION E OR AFFORDABILI- TY OPTION F, AND FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER THIR- TY-FIRST, TWO THOUSAND FIFTEEN AND ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO, AND FOR WHICH THE COMPLETION DATE IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-ONE, PROVIDED THAT THE OWNER OF SUCH MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT SUBMITS A LETTER OF INTENT ON A FORM TO BE PROMULGATED BY THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, TO SUCH DEPARTMENT, WITHIN NINETY DAYS OF THE DATE THAT SUCH DEPARTMENT PROMULGATES SUCH FORM. THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL PROMULGATE SUCH FORM NO LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2024 WHICH AMENDED THIS SUBPARAGRAPH. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM "LETTER OF INTENT" MEANS DOCUMENTATION CERTIFYING THAT THE OWNER OF SUCH MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT OUTLINED IN THIS SUBPARAGRAPH INTENDS TO APPLY FOR THE BENEFITS DESCRIBED IN THIS SECTION UPON THE CONSTRUCTION COMPLETION DATE. THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL PRESCRIBE, AND MAKE AVAILABLE TO THE PUBLIC, A "LETTER OF INTENT FORM" S. 8306--C 64 A. 8806--C BY WHICH OWNERS MAY USE TO SUBMIT SUCH LETTER OF INTENT OUTLINED IN THIS SUBPARAGRAPH. THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL MAKE INFORMATION RELATING TO LETTERS OF INTENT AND CORRESPONDING PROJECTS AVAILABLE TO THE PUBLIC. § 2. This act shall take effect immediately. PART U Section 1. The real property tax law is amended by adding a new section 485-x to read as follows: § 485-X. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION: (A) "AFFORDABILITY OPTION A" SHALL MEAN: (I) FOR A LARGE RENTAL PROJECT, THAT, WITHIN ANY ELIGIBLE SITE: (A) NOT LESS THAN TWENTY-FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (B) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (C) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (D) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (II) FOR A VERY LARGE RENTAL PROJECT, THAT, WITHIN ANY ELIGIBLE SITE: (A) NOT LESS THAN TWENTY-FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDA- BLE HOUSING UNITS; (B) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (C) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (D) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. (B) "AFFORDABILITY OPTION B" SHALL MEAN THAT, WITHIN ANY ELIGIBLE SITE: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS; (II) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (III) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (IV) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE. (C) "AFFORDABILITY OPTION C" SHALL MEAN THAT, WITHIN ANY ELIGIBLE SITE, NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS ARE SUBJECT TO RENT STABILIZATION FOR THE RESTRICTION PERIOD. (D) "AFFORDABILITY OPTION D" SHALL MEAN A HOMEOWNERSHIP PROJECT IN WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL HAVE AN AVERAGE ASSESSED VALUE PER SQUARE FOOT THAT DOES NOT EXCEED EIGHTY-NINE DOLLARS UPON THE FIRST ASSESSMENT FOLLOWING THE COMPLETION DATE AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR NO LESS THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT. (E) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN SUCH ELIGIBLE SITE. (F) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS (HEREINAFTER REFERRED TO AS "ANNY PROGRAM BENEFITS")" SHALL MEAN THE EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION. (G) "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH ANNY PROGRAM BENEFITS ARE S. 8306--C 65 A. 8806--C GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD- ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT EXCEED A PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. (H) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT. (I) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS. (J) "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 SITE, INCLUDING, BUT NOT LIMITED TO, A WATCHPER- SON, GUARD, DOORPERSON, BUILDING CLEANER, PORTER, HANDYPERSON, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT THE ELIGIBLE SITE. (K) "COLLECTIVE BARGAINING AGREEMENT" SHALL MEAN AN AGREEMENT ENTERED INTO PURSUANT TO SECTION EIGHT-F OR SECTION NINE-A OF THE NATIONAL LABOR RELATIONS ACT (29 U.S.C. SECTIONS 159(A) AND 158(F)) BETWEEN A CONTRAC- TOR OR SUBCONTRACTOR AND A LABOR ORGANIZATION SETTING FORTH TERMS AND CONDITIONS OF EMPLOYMENT FOR THOSE CONSTRUCTION EMPLOYEES REPRESENTED BY THE LABOR ORGANIZATION AND EMPLOYED BY THE CONTRACTOR OR SUBCONTRACTOR TO PERFORM CONSTRUCTION WORK ON AN ELIGIBLE SITE. (L) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH. (M) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTI- PLE DWELLING, THE DATE UPON WHICH THE LOCAL DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVER- ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING. (N) "CONSTRUCTION EMPLOYEE" SHALL MEAN ANY PERSON PERFORMING CONSTRUCTION WORK WHO IS A LABORER, WORKER, OR MECHANIC. (O) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE- MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL- ING. (P) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE, WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM, MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA- TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP- MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES. (Q) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR IMPROVEMENT OF A PRE-EXISTING BUILDING OR STRUCTURE RESULTING IN A MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE. (R) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT CONTAINING SIX OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE- MENT DATE IS AFTER JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO AND ON OR S. 8306--C 66 A. 8806--C BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-FOUR AND THE COMPLETION DATE IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-EIGHT. (S) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A TAX LOT CONTAINING AN ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION. (T) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION EMPLOYEES, OTHER THAN WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING. THE VALUE OF ANY EMPLOYEE BENEFITS RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION EMPLOYEES. (U) "EXTENDED CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY VERY LARGE RENTAL PROJECT LOCATED IN ZONE A, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR FIVE YEARS BEFORE THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL- ING; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. (V) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. (W) "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO- RY STRUCTURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR FROM THE CENTER LINE OF PARTY WALLS. (X) "FORTY YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD OR EXTENDED CONSTRUCTION PERIOD, AS APPLICABLE, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. (Y) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING; HOWEVER, IT SHALL NOT INCLUDE A MULTIPLE DWELLING OR PORTION THEREOF OPERATED AS CONDOMINIUM OR COOPER- ATIVE HOUSING LOCATED WITHIN THE BOROUGH OF MANHATTAN. (Z) "HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF, A CONSTRUCTION EMPLOYEE FOR EACH HOUR OF CONSTRUCTION WORK. (AA) "JOBSITE AGREEMENT" SHALL MEAN A COLLECTIVE BARGAINING AGREEMENT THAT ONLY SETS FORTH TERMS AND CONDITIONS OF EMPLOYMENT FOR CONSTRUCTION EMPLOYEES PERFORMING CONSTRUCTION WORK UNDER THE AGREEMENT AT ONE SPECIFIC ELIGIBLE SITE. (BB) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF ONE HUNDRED OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING. (CC) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE DWELLING OTHER THAN A RESTRICTED UNIT. (DD) "MARKETING BAND" SHALL MEAN MAXIMUM RENT RANGING FROM TWENTY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT. (EE) "MODEST RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF MORE THAN FIVE AND LESS THAN ONE HUNDRED RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING, OTHER THAN A SMALL RENTAL PROJECT. (FF) "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING SET FORTH IN SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW. S. 8306--C 67 A. 8806--C (GG) "NEIGHBORHOOD TABULATION AREA" SHALL MEAN A GEOGRAPHICAL AREA DEFINED BY THE DEPARTMENT OF CITY PLANNING FOR THE PURPOSES OF PROVIDING NEIGHBORHOOD-LEVEL DATA. (HH) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT CONTAIN ANY DWELLING UNITS. (II) "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN A CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZA- TION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION WORK ON AN ELIGIBLE SITE, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM CONSTRUCTION WORK ON AN ELIGIBLE SITE. (JJ) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI- ZATION 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 THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN- TIALLY THE SAME SUBJECT MATTER. (KK) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, A VERY LARGE RENTAL PROJECT, LARGE RENTAL PROJECT, MODEST RENTAL PROJECT, AND SMALL RENTAL PROJECT. (LL) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING UNITS. (MM) "RESTRICTED UNIT" SHALL MEAN, INDIVIDUALLY AND COLLECTIVELY: (I) AFFORDABLE HOUSING UNITS; AND (II) DWELLING UNITS THAT ARE SUBJECT TO RENT STABILIZATION IN ACCORDANCE WITH AFFORDABILITY OPTION C. (NN) "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION OF AFFORDABLE CITYWIDE CONSTRUCTION PROGRAM BENEFITS: (I) WITH RESPECT TO A RENTAL PROJECT, A PERIOD COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY; AND (II) WITH RESPECT TO A HOMEOWNERSHIP PROJECT, A PERIOD COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE TWENTIETH ANNIVERSARY OF THE COMPLETION DATE. (OO) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF MORE THAN FIVE AND LESS THAN ELEVEN RESIDENTIAL DWELLING UNITS, LOCATED OUTSIDE THE BOROUGH OF MANHATTAN ON A ZONING LOT THAT PERMITS A RESIDEN- TIAL FLOOR AREA NOT EXCEEDING TWELVE-THOUSAND FIVE HUNDRED SQUARE FEET, IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING AND THAT ELECTS TO COMPLY WITH AFFORDABILITY OPTION C. (PP) "TEN YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TEN YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. (QQ) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN- TY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVE- MENTS; AND (III) FOR THE TEN YEARS OF THE RESTRICTION PERIOD SUBSEQUENT TO SUCH TWENTY-FIVE YEARS, (A) WITH RESPECT TO MODEST RENTAL PROJECTS, AN EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE, AND (B) WITH RESPECT TO LARGE RENTAL PROJECTS, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS. S. 8306--C 68 A. 8806--C (RR) "TWENTY YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI- OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST FOURTEEN YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, PROVIDED, HOWEVER, THAT NO EXEMPTION SHALL BE GIVEN FOR ANY PORTION OF THE SQUARE FOOTAGE OF A UNIT WITH AN ASSESSED VALUE THAT EXCEEDS EIGHT- Y-NINE DOLLARS PER SQUARE FOOT; AND (III) FOR THE FINAL SIX YEARS OF THE RESTRICTION PERIOD, A TWENTY-FIVE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, PROVIDED, HOWEVER, THAT NO EXEMPTION SHALL BE GIVEN FOR ANY PORTION OF THE SQUARE FOOTAGE OF A UNIT WITH AN ASSESSED VALUE THAT EXCEEDS EIGHTY-NINE DOLLARS PER SQUARE FOOT. (SS) "VERY LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE LOCATED IN ZONE A OR ZONE B CONSISTING OF ONE HUNDRED FIFTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING. (TT) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF ANY KIND PAID TO, OR ON BEHALF OF, CONSTRUCTION EMPLOYEES, INCLUDING, WITHOUT LIMITATION, ANY HOURLY COMPENSATION PAID DIRECTLY TO THE CONSTRUCTION EMPLOYEE, TOGETHER WITH EMPLOYEE BENEFITS, SUCH AS HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI- TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL UNEMPLOYMENT INSURANCE AND PURSUANT TO THE FEDERAL INSURANCE CONTRIB- UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER. (UU) "ZONE A" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHAT- TAN OR IN ANY OF THE FOLLOWING NEIGHBORHOOD TABULATION AREAS AS MOST RECENTLY DEFINED BY THE DEPARTMENT OF NEW YORK CITY PLANNING: BROOKLYN 0101, BROOKLYN 0102, BROOKLYN 0103, BROOKLYN 0104, AND QUEENS 0201. (VV) "ZONE B" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY IN ANY OF THE FOLLOWING NEIGHBORHOOD TABU- LATION AREAS AS MOST RECENTLY DEFINED BY THE DEPARTMENT OF NEW YORK CITY PLANNING: BROOKLYN 0201, BROOKLYN 0202, BROOKLYN 0203, BROOKLYN 0204, BROOKLYN 0601, BROOKLYN 0602, BROOKLYN 0801, QUEENS 0105, AND QUEENS 0102. 2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED AS FOLLOWS: (A) A SMALL RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS OF THIS SUBDIVISION SHALL RECEIVE A TEN YEAR BENEFIT; (B) A MODEST RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS OF THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT; (C) A LARGE RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS OF THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT; (D) A VERY LARGE RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIRE- MENTS OF THIS SUBDIVISION SHALL RECEIVE A FORTY YEAR BENEFIT; AND (E) A HOMEOWNERSHIP PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS OF THIS SUBDIVISION SHALL RECEIVE A TWENTY YEAR BENEFIT. S. 8306--C 69 A. 8806--C 3. CONSTRUCTION WORK REQUIREMENTS. IN ADDITION TO ALL OTHER REQUIRE- MENTS SET FORTH IN THIS SECTION, ANY ELIGIBLE SITE CONTAINING ONE HUNDRED OR MORE DWELLING UNITS WITHIN THE CITY OF NEW YORK SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION EXCEPT AS OTHERWISE PROVIDED IN ANY PARAGRAPH OF THIS SUBDIVISION. (A) CONSTRUCTION WORK ON ANY ELIGIBLE SITE CONTAINING ONE HUNDRED UNITS OR MORE SHALL BE SUBJECT TO REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THE LABOR LAW; PROVIDED, HOWEVER, THAT THE MINIMUM HOURLY RATE OF WAGES AND SUPPLEMENTS REQUIRED TO BE PAID TO CONSTRUCTION EMPLOYEES SHALL BE FORTY DOLLARS, WHICH SHALL INCREASE BY TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF JULY IN THE YEAR TWO THOUSAND TWENTY-FIVE AND BY TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF JULY IN EACH YEAR THEREAFTER. (B) CONSTRUCTION WORK ON ANY ELIGIBLE SITE CONTAINING ONE HUNDRED FIFTY UNITS OR MORE, WITHIN ZONE A, SHALL BE SUBJECT TO REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THE LABOR LAW; PROVIDED, HOWEVER, THAT THE MINIMUM HOURLY RATE OF WAGES AND SUPPLEMENTS REQUIRED TO BE PAID TO CONSTRUCTION EMPLOYEES SHALL BE THE LESSER OF SEVENTY-TWO DOLLARS AND FORTY-FIVE CENTS, WHICH SHALL INCREASE BY TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF JULY IN THE YEAR TWO THOUSAND TWENTY-FIVE AND BY TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF JULY IN EACH YEAR THEREAFTER, OR SIXTY-FIVE PERCENT OF THE GREATEST PREVAILING RATE OF WAGES AND SUPPLEMENTS WITHIN A CLASSIFICA- TION. (C) CONSTRUCTION WORK ON ANY ELIGIBLE SITE CONTAINING ONE HUNDRED FIFTY UNITS OR MORE, WITHIN ZONE B, SHALL BE SUBJECT TO REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THE LABOR LAW; PROVIDED, HOWEVER, THAT THE MINIMUM HOURLY RATE OF WAGES AND SUPPLEMENTS REQUIRED TO BE PAID TO CONSTRUCTION EMPLOYEES SHALL BE THE LESSER OF SIXTY-THREE DOLLARS, WHICH SHALL INCREASE BY TWO AND ONE- HALF PERCENT ON THE FIRST DAY OF JULY IN THE YEAR TWO THOUSAND TWENTY- FIVE AND BY TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF JULY IN EACH YEAR THEREAFTER, OR SIXTY PERCENT OF THE GREATEST PREVAILING RATE OF WAGES AND SUPPLEMENTS WITHIN A CLASSIFICATION. (D) THE OWNER OF AN ELIGIBLE SITE SHALL BE RESPONSIBLE FOR NOTIFYING THE FISCAL OFFICER AND THE AGENCY AT LEAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION WORK OF THE LOCATION OF THE PROJECT, THE ANTICIPATED CONSTRUCTION START DATE, THE ANTICIPATED CONSTRUCTION END DATE, AND THE EXISTENCE OF ANY PROJECT LABOR AGREEMENT ON THE ELIGIBLE SITE. FAILURE TO PROVIDE SUCH NOTICE IN THE TIME AND MANNER REQUIRED SHALL SUBJECT THE OWNER TO FINES AND PENALTIES NOT TO EXCEED FIVE-THOU- SAND DOLLARS PER DAY. IN ADDITION TO THE FINES AND PENALTIES SET FORTH HEREIN, AN OWNER SHALL FORFEIT THE TAX ABATEMENTS AND EXEMPTIONS PROVIDED UNDER THIS SECTION IF CONSTRUCTION COMMENCES PRIOR TO PROVIDING THE NOTICE REQUIRED UNDER THIS SECTION. (E) THE OWNER OF AN ELIGIBLE SITE SHALL BE RESPONSIBLE FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, AS MODIFIED BY PARAGRAPH (A) OF THIS SUBDIVISION, FOR A PERIOD OF SIX YEARS FROM THE COMPLETION DATE. ALL PAYROLL RECORDS MAINTAINED BY AN OWNER PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO INSPECTION ON REQUEST OF THE FISCAL OFFICER. SUCH OWNER MAY AUTHORIZE THE PRIME CONTRACTOR ON THE ELIGIBLE SITE TO TAKE RESPONSIBILITY FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD JOINTLY AND SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR- MATION LAW. S. 8306--C 70 A. 8806--C (F) THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE PROVISIONS OF THIS SUBDIVISION. VIOLATIONS OF THIS SUBDIVISION SHALL BE GROUNDS FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B OF THE LABOR LAW. (G) WHERE A COMPLAINT IS RECEIVED PURSUANT TO THIS SUBDIVISION, IF THE FISCAL OFFICER FINDS CAUSE TO BELIEVE THAT AN APPLICANT OR ANY PERSON ACTING ON BEHALF OF OR AS AN AGENT OF AN APPLICANT, IN CONNECTION WITH THE PERFORMANCE OF ANY CONTRACT FOR CONSTRUCTION WORK PURSUANT TO THIS SUBDIVISION, HAS COMMITTED A VIOLATION OF THE PROVISIONS OF THIS SUBDI- VISION, THE FISCAL OFFICER MAY RECAPTURE TAX ABATEMENTS OR EXEMPTIONS PROVIDED PURSUANT TO THIS SECTION AND/OR TERMINATE FUTURE TAX ABATEMENTS OR EXEMPTIONS MADE AVAILABLE PURSUANT TO THIS SECTION PURSUANT TO THE FOLLOWING: (I) IF AN APPLICANT OR ANY PERSON ACTING ON BEHALF OF OR AS AN AGENT OF AN APPLICANT, IN CONNECTION WITH THE PERFORMANCE OF ANY CONTRACT FOR CONSTRUCTION WORK PURSUANT TO THIS SUBDIVISION, HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION WITHIN A FIVE-YEAR PERIOD, THE FISCAL OFFICER MAY RECAPTURE TAX ABATEMENTS OR EXEMPTIONS PROVIDED PURSUANT TO THIS SECTION AND/OR TERMINATE FUTURE TAX ABATEMENTS OR EXEMPTIONS MADE AVAILABLE PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE RECAPTURE OF TAX ABATEMENTS OR EXEMPTIONS PROVIDED PURSUANT TO THIS SECTION AND/OR TERMINATION OF FUTURE TAX ABATEMENTS OR EXEMPTIONS MADE AVAILABLE PURSUANT TO THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS PARAGRAPH. (II) FOR PURPOSES OF THIS SUBDIVISION, A "VIOLATION" OF PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLICANT OR ANY PERSON ACTING ON BEHALF OF OR AS AN AGENT OF AN APPLICANT HAS FAILED TO COMPLY WITH PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION AND HAS FAILED TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING. (III) IF THE FISCAL OFFICER RECAPTURES TAX ABATEMENTS OR EXEMPTIONS PROVIDED PURSUANT TO THIS SECTION AND/OR TERMINATES FUTURE TAX ABATE- MENTS OR EXEMPTIONS MADE AVAILABLE PURSUANT TO THIS SECTION FOR NONCOM- PLIANCE WITH PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION PURSUANT TO THIS PARAGRAPH: (A) ALL OF THE RESTRICTED UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN RECAPTURED OR TERMINATED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN RECAPTURED OR TERMINATED. (H) AN ELIGIBLE SITE SHALL BE EXCLUDED FROM THE REQUIREMENTS OF PARA- GRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WHERE THE PERFORMANCE OF ALL CONSTRUCTION WORK ON THE ELIGIBLE SITE IS COVERED BY A PROJECT LABOR AGREEMENT. (I) A CONTRACTOR AND OWNER MAY BE EXCLUDED FROM THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WITH RESPECT TO ONLY THOSE CONSTRUCTION EMPLOYEES OF THE CONTRACTOR THAT ARE PERFORMING CONSTRUCTION WORK ON THE ELIGIBLE SITE UNDER A COLLECTIVE BARGAINING AGREEMENT OR A JOBSITE AGREEMENT THAT HAS EXPRESSLY WAIVED THE PROVISIONS OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION. S. 8306--C 71 A. 8806--C 4. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN ELIGIBLE SITE MUST, OVER THE COURSE OF THE DESIGN AND CONSTRUCTION OF SUCH ELIGIBLE SITE, MAKE ALL REASONABLE EFFORTS TO SPEND ON CONTRACTS WITH MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST TWENTY-FIVE PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE DEFINED IN RULES OF THE AGENCY. SUCH RULES SHALL SET FORTH REQUIRED MEASURES WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT ARE COMPARABLE, TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY AGENCIES OF THE CITY OF NEW YORK TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW, INCLUDING SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. 5. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO THIS SECTION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS: (A) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH- OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION IN EFFECT DURING SUCH TAX YEAR, WHICH REAL PROPERTY TAXES SHALL BE CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE, PROVIDED, HOWEVER, THAT THIS PARAGRAPH SHALL NOT APPLY TO ANY VERY LARGE RENTAL PROJECT DURING THE CONSTRUCTION PERIOD OR EXTENDED CONSTRUCTION PERIOD, AS APPLICABLE; AND (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 6. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN AN ELIGIBLE SITE, OTHER THAN PARKING WHICH IS LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. 7. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO BE EXEMPTED. 8. AFFORDABILITY AND RENT STABILIZATION REQUIREMENTS. DURING THE RESTRICTION PERIOD, A LARGE RENTAL PROJECT AND A VERY LARGE RENTAL PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION A, A MODEST RENTAL PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION B, A SMALL RENTAL PROJECT SHALL COMPLY WITH THE REQUIREMENTS OF AFFORDABILITY OPTION C, AND A HOMEOWNERSHIP PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION D. SUCH ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL NOT THEREAFTER BE CHANGED. (A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT S. 8306--C 72 A. 8806--C IN THE ELIGIBLE MULTIPLE DWELLING FOR INGRESS AND EGRESS FROM SUCH ELIGIBLE MULTIPLE DWELLING. (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM. (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA- RY, (I) ALL RESTRICTED UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILI- ZATION BOTH DURING AND SUBSEQUENT TO THE RESTRICTION PERIOD, AND (II) ANY RESTRICTED UNIT OCCUPIED BY A TENANT WHOSE ELIGIBILITY HAS BEEN APPROVED BY THE AGENCY SHALL REMAIN SUBJECT TO RENT STABILIZATION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT WHERE, (A) SUCH APPROVAL OCCURRED PRIOR TO THE AGENCY'S DENIAL OF AN APPLICATION FOR ANNY PROGRAM BENEFITS FOR THE MULTIPLE DWELLING CONTAINING SUCH RESTRICTED UNIT, OR (B) SUCH RESTRICTED UNIT IS IN A MULTIPLE DWELLING FOR WHICH AN APPLICATION FOR ANNY PROGRAM BENEFITS HAS NOT BEEN FILED OR HAS BEEN WITHDRAWN AFTER FILING. (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL: (I) CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUS- ING UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUSING UNITS"; (II) CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES DWELLING UNITS THAT ARE SUBJECT TO RENT STABILIZATION IN ACCORDANCE WITH AFFORDABILITY OPTION C; AND (III) CONTAIN AN EXPLANATION OF THE REQUIRE- MENTS THAT APPLY TO ALL SUCH RESTRICTED UNITS. (E) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE AND OCCUPANCY OF RESTRICTED UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP PROJECT THE FAILURE TO COMPLY WITH THE AFFORDABLE HOMEOWNERSHIP PROJECT REQUIRE- MENTS SHALL RESULT IN THE EXERCISE OF THE AGENCY'S ENFORCEMENT POWERS IN ACCORDANCE WITH THIS SECTION, WHICH INCLUDE, BUT ARE NOT LIMITED TO, REVOCATION OF ANY ANNY PROGRAM BENEFITS. (F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. (G) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. A RESTRICTED UNIT SHALL NOT BE (I) RENTED TO A CORPO- RATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH RESTRICTED UNIT AVAILABLE FOR OCCUPANCY. (H) A RESTRICTED UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR A RESTRICTED UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT. S. 8306--C 73 A. 8806--C (I) A RESTRICTED UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDO- MINIUM OWNERSHIP. (J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF RESTRICTED UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE ESTAB- LISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS, AND (IV) THE MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER. (K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT STABILIZATION. 9. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI- SION, (I) "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS AND/OR ANY SUCCESSOR TO SUCH APPLICANT; AND (II) "COVERED BUILDING SERVICE EMPLOYER" SHALL MEAN ANY APPLICANT AND/OR ANY EMPLOYER OF BUILD- ING SERVICE EMPLOYEES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGEMENT COMPANY OR CONTRACTOR. (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE COVERED BUILDING SERVICE EMPLOYER AT THE ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURATION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED. (C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES, PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE- NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES; (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG- NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION; (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO SUCH FISCAL OFFICER'S DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (VIII) TO PROMULGATE RULES AS SUCH FISCAL OFFICER SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND S. 8306--C 74 A. 8806--C POWERS CONFERRED UPON SUCH FISCAL OFFICER BY THE PROVISIONS OF THIS PARAGRAPH; AND (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBPARA- GRAPH, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE AGENCY. (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF SUCH AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDI- VISION. UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVI- SION. (F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH AND THE AFFIDAVITS REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION. 10. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE- MENT DATE OF THE FIRST ELIGIBLE MULTIPLE DWELLING THEREON, THEN SUCH ELIGIBLE MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED, PROVIDED THAT IF SUCH ELIGIBLE MULTIPLE DWELLING OR DWELLINGS BUILT THEREON IS A SMALL RENTAL PROJECT, THEN SUCH ELIGIBLE MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE RESTRICTED UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED. 11. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 12. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSUANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 13. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR FAILURE TO COMPLY WITH THIS SECTION; PROVIDED, HOWEVER, THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM S. 8306--C 75 A. 8806--C BENEFITS FOR A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION. IF A COVERED BUILDING SERVICE EMPLOYER HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGENCY MAY REVOKE ANY BENEFITS ASSOCIATED WITH SUCH ELIGIBLE MULTIPLE DWELLING UNDER THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION, A "VIOLATION" OF PARAGRAPH (B) OF SUBDIVISION NINE OF THIS SECTION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE COVERED BUILDING SERVICE EMPLOYER HAS FAILED TO COMPLY WITH PARAGRAPH (B) OF SUBDIVISION NINE OF THIS SECTION AND HAS FAILED TO CURE THE DEFI- CIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS SUBDIVISION. IF ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF THE RESTRICTED UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE APPLICABLE RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED. 14. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT LAW OR IN EQUITY. 15. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH MULTIPLE DWELLING. 16. APPLICANT REGISTRATION. (A) PROSPECTIVE APPLICANTS FOR ANNY PROGRAM BENEFITS PURSUANT TO THIS SECTION SHALL FILE WITH THE AGENCY A FORM SUPPLIED BY THE AGENCY WHICH: (I) STATES AN INTENTION TO FILE FOR SUCH BENEFITS UNDER THE PROVISIONS OF THIS SUBDIVISION; (II) INCLUDES THE COMMENCEMENT DATE; AND (III) ESTABLISHES THE INTENDED NUMBER OF TOTAL DWELLING UNITS AND, IF APPLICABLE, RESTRICTED UNITS. THE AGENCY SHALL PROMULGATE SUCH FORM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. (B) THE FORM DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE FILED: (I) FOR PROJECTS WITH A COMMENCEMENT DATE BEFORE THE EFFECTIVE DATE OF THIS SECTION, NO LATER THAN SIX MONTHS AFTER SUCH EFFECTIVE DATE OR SIX MONTHS AFTER THE AGENCY PROMULGATES THE FORM DESCRIBED IN PARA- GRAPH (A) OF THIS SUBDIVISION, WHICHEVER IS LATER; OR (II) FOR PROJECTS WITH A COMMENCEMENT DATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO LATER THAN SIX MONTHS AFTER SUCH COMMENCEMENT DATE OR SIX MONTHS AFTER THE AGENCY PROMULGATES THE FORM DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, WHICHEVER IS LATER. (C) APPLICANTS WHO FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDI- VISION SHALL BE SUBJECT TO A PENALTY NOT TO EXCEED ONE HUNDRED PERCENT OF THE APPLICATION FILING FEE OTHERWISE PAYABLE PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION. S. 8306--C 76 A. 8806--C 17. APPLICATIONS. (A) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. (B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE FILED ELECTRONICALLY. (C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE- AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION. (D) THE AGENCY SHALL NOT REQUIRE THAT THE APPLICANT DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION AS A CONDITION TO APPROVAL OF THE APPLICATION. 18. FILING FEE. (A) THE AGENCY MAY REQUIRE A FILING FEE OF: (I) THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION FOR AN ELIGIBLE SITE CONSISTING OF MORE THAN FIVE AND LESS THAN ELEVEN RESIDENTIAL RENTAL DWELLING UNITS; (II) FOUR THOUSAND DOLLARS PER DWELL- ING UNIT IN CONNECTION WITH ANY APPLICATION FOR AN ELIGIBLE SITE CONSISTING OF MORE THAN ELEVEN UNITS AND LESS THAN ONE HUNDRED RESIDEN- TIAL DWELLING UNITS; (III) FOUR THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION FOR A HOMEOWNERSHIP PROJECT; AND (IV) FIVE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA- TION FOR AN ELIGIBLE SITE CONSISTING OF ONE HUNDRED OR MORE RESIDENTIAL DWELLING UNITS. (B) NOTWITHSTANDING THE PROVISIONS CONTAINED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE AGENCY MAY PROMULGATE RULES: (I) IMPOSING A LESSER FEE FOR ELIGIBLE SITES CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AND (II) REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV- ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR A MODEST RENTAL PROJECT, A LARGE RENTAL PROJECT, OR A VERY LARGE RENTAL PROJECT. 19. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE OF THIS SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF THIS SECTION. 20. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS- SIONER OF THE AGENCY SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE NUMBER OF TOTAL PROJECTS AND UNITS CREATED BY THIS SECTION BY YEAR, LEVEL OF AFFORDABILITY, AND COMMUNITY BOARD, THE COST OF THE ANNY PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE. THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART- MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO- RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE- FITS PURSUANT TO THIS SECTION. S. 8306--C 77 A. 8806--C 21. PENALTIES FOR VIOLATIONS OF AFFORDABILITY AND RENT STABILIZATION REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE OF THE TEN YEAR BENE- FIT, TWENTY YEAR BENEFIT, THIRTY-FIVE YEAR BENEFIT, OR FORTY YEAR BENE- FIT, AS APPLICABLE, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTU- NITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE AFFORDABILITY AND RENT STABLIZATION REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION BY SUCH SMALL RENTAL PROJECT, MODEST RENTAL PROJECT, LARGE RENTAL PROJECT, VERY LARGE RENTAL PROJECT, OR HOMEOWNERSHIP PROJECT. THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION. (B) A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF THE ELIGIBLE SITE CONTAINING SUCH SMALL RENTAL PROJECT, MODEST RENTAL PROJECT, LARGE RENTAL PROJECT, VERY LARGE RENTAL PROJECT, OR HOMEOWNER- SHIP PROJECT AT THE TIME THE VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE SITE. A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLI- CABLE LAW AND REGULATION. § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, are amended and a new paragraph h is added to read as follows: f. funds provided pursuant to subdivision three of section twenty- eight hundred fifty-three of the education law; [and] g. any other public monies, credits, savings or loans, determined by the public subsidy board created in section two hundred twenty-four-c of this article as exempt from this definition[.]; AND H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-X OF THE REAL PROP- ERTY TAX LAW. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section 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. § 4. This act shall take effect immediately. PART V Section 1. The executive law is amended by adding a new section 373-b to read as follows: § 373-B. STANDARDS FOR SINGLE-EXIT, SINGLE STAIRWAY MULTI-UNIT RESI- DENTIAL BUILDINGS STUDY. THE COUNCIL SHALL CONDUCT A STUDY RELATING TO STANDARDS FOR EGRESS INCLUDING PROVISIONS FOR MULTI-UNIT RESIDENTIAL BUILDINGS ABOVE THREE STORIES, UP TO AT LEAST SIX STORIES. SUCH STUDY SHALL CONSIDER EXAMINING EXISTING BUILDING CODES FOR SINGLE-EXIT, SINGLE STAIRWAY MULTI-UNIT RESIDENTIAL BUILDINGS ABOVE THREE STORIES, UP TO AT LEAST SIX STORIES IN THE CITY OF NEW YORK AND IN OTHER CITIES AND JURIS- DICTIONS THAT HAVE ADOPTED PROVISIONS ALLOWING FOR THE CONSTRUCTION OF SUCH BUILDINGS INTO THEIR BUILDING CODES. SUCH STUDY SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SIX. THE COUNCIL SHALL CONSIDER SUCH STUDY FINDINGS AND AMEND THE UNIFORM CODE IF NECESSARY. § 2. This act shall take effect immediately and shall expire and be deemed repealed January 1, 2029. S. 8306--C 78 A. 8806--C PART W Section 1. Paragraph a of subdivision 1 of section 667-c of the educa- tion law, as amended by section 1 of part E of chapter 56 of the laws of 2022, is amended to read as follows: a. part-time students enrolled at [the state university, a community college, the city university of New York, and a non-profit college or university] A DEGREE GRANTING INSTITUTION OF HIGHER EDUCATION incorpo- rated by the regents or by the legislature who meet all requirements for tuition assistance program awards except for the students' part-time attendance; or § 2. This act shall take effect July 1, 2024. PART X Section 1. Subparagraphs (ii), (iii), and (vi) of paragraph a of subdivision 3 of section 667 of the education law, subparagraphs (ii) and (vi) as amended by section 1 of part B of chapter 60 of the laws of 2000, subparagraph (iii) as amended by section 3 of part H of chapter 58 of the laws of 2011, are amended and a new (vii) is added to read as follows: (ii) Except for students as noted in subparagraph (iii) of this para- graph, the base amount as determined from subparagraph (i) of this para- graph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction of base amount (A) Less than seven thousand None dollars (B) Seven thousand dollars or Seven per centum of excess more, but less than eleven over seven thousand dollars thousand dollars (C) Eleven thousand dollars or Two hundred eighty dollars more, but less than eighteen plus ten per centum of excess thousand dollars over eleven thousand dollars (D) Eighteen thousand dollars or Nine hundred eighty dollars more, but not more than plus twelve per centum of [eighty] ONE 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 amount in excess of three [ten] THIRTY thousand thousand dollars dollars S. 8306--C 79 A. 8806--C (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 applica- tion 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 Nine hundred eighty dollars or more, but not more than plus twelve per centum of [forty] SIXTY thousand excess over eighteen dollars thousand dollars (vi) For the two thousand two--two thousand three THROUGH TWO THOUSAND TWENTY-THREE--TWENTY-FOUR academic [year and thereafter] 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) 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 PARAGRAPH REDUCED PURSUANT TO SUBPARAGRAPH (II) OR (III) OF THIS PARA- GRAPH BUT THE AWARD SHALL NOT BE REDUCED BELOW ONE THOUSAND DOLLARS. § 2. This act shall take effect July 1, 2024. PART Y Section 1. Section 410-x of the social services law is amended by adding a new subdivision 10 to read as follows: 10. DIFFERENTIAL PAYMENT RATES FOR CHILD CARE SERVICES SHALL BE ESTAB- LISHED AS REQUIRED BY THIS SUBDIVISION; PROVIDED HOWEVER NO PROVIDER SHALL RECEIVE AN AGGREGATE DIFFERENTIAL IN EXCESS OF A LIMIT TO BE SET BY THE REGULATIONS OF THE OFFICE. (A) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN EXPERIENC- ING HOMELESSNESS. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE NO LESS THAN TEN PERCENT HIGHER BUT NO GREATER THAN FIFTEEN PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RELATED PAYMENT RATE ESTAB- LISHED BY THE OFFICE IN REGULATIONS, WHICHEVER IS LESS. (B) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED, OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD DURING NONTRADITIONAL HOURS. NONTRADITIONAL HOURS SHALL MEAN CARE PROVIDED OTHER THAN BETWEEN SIX O'CLOCK ANTE MERIDIAN AND SEVEN O'CLOCK POST MERIDIAN ON WEEKDAYS. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE NO LESS S. 8306--C 80 A. 8806--C THAN TEN PERCENT HIGHER BUT NO GREATER THAN FIFTEEN PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RELATED PAYMENT RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER IS LESS. (C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO ESTABLISH ADDITIONAL DIFFERENTIAL PAYMENT RATES BY REGULATION. § 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART Z Section 1. Section 33 of chapter 277 of the laws of 2021 amending the labor law relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed, as amended by section 1 of part CC of chapter 56 of the laws of 2023, is amended to read as follows: § 33. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that sections one through thirty of this act shall take effect on [the first Monday after April 1,] THE FIRST MONDAY AFTER OCTOBER 1, 2024 or thirty days after the commissioner of labor certifies that the department of labor has an information tech- nology system capable of accommodating the amendments in this act, whichever occurs earlier, and shall be applicable to all claims filed and payments made after such date; provided that section thirty-one of this act shall take effect on the thirtieth day after it shall have become a law and shall be applicable to new claims on such date and thereafter and shall be deemed repealed on the same date as the remain- ing provisions of this act take effect. SUCH EFFECTIVE DATE APPLICABLE TO SECTIONS ONE THROUGH THIRTY OF THIS ACT MAY BE EXTENDED IN FIFTEEN DAY INCREMENTS UPON NOTICE AND REPORT OF THE REASON NECESSITATING SUCH EXTENSION FROM THE COMMISSIONER OF LABOR TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, PROVIDED THE EFFECTIVE DATE SHALL NOT BE EXTENDED PAST FEBRUARY 1, 2025. In a manner consistent with the provisions of this section, the commissioner of labor shall notify the legislative bill drafting commission upon issuing [his or her certification] SUCH EXTENSIONS EVERY SUCH FIFTEEN DAYS AND IF PRIOR TO FEBRUARY 1, 2025, AND SHALL INFORM SUCH COMMISSION OF THE DATE OF IMPLE- MENTATION OF SUCH INFORMATION TECHNOLOGY SYSTEM 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 effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law, and provided further that the amendments to subdivision 1 of section 591 of the labor law made by section twelve of this act shall be subject to the expiration and rever- sion of such subdivision pursuant to section 10 of chapter 413 of the laws of 2003, as amended, when upon such date the provisions of section thirteen of this act shall take effect; provided further that the amend- ments to section 591-a of the labor law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed 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, 2024. PART AA S. 8306--C 81 A. 8806--C Section 1. Paragraphs 1, 1-a, 2 and subparagraph (iii) of paragraph 4 of subdivision (a) of section 1174-a of the vehicle and traffic law, as added by chapter 145 of the laws of 2019, are amended to read as follows: 1. Notwithstanding any other provision of law, a county, city, town or village located within a school district ("district") is hereby author- ized and empowered to adopt and amend a local law or ordinance estab- lishing a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with SUBDIVI- SION (A) OF section eleven hundred seventy-four of this [chapter] ARTI- CLE when meeting a school bus marked and equipped as provided in subdi- visions twenty and twenty-one-c of section three hundred seventy-five of this chapter and operated in such county, city, town or village, in accordance with the provisions of this section. Such demonstration program shall empower such county, city, town or village to install and operate school bus photo violation monitoring systems which may be stationary or mobile, and which may be installed, pursuant to an agree- ment with a school district within such county, city, town or village, on school buses owned and operated by such school district or privately owned and operated for compensation under contract with such district. Provided, however, that (a) no stationary school bus photo violation monitoring system shall be installed or operated by a county, city, town or village except on roadways under the jurisdiction of such county, city, town or village, and (b) no mobile school bus photo violation monitoring system shall be installed or operated on any such school buses unless such county, city, town or village and such district enter into an agreement for such installation and operation. 1-a. Any county, city, town or village, located within a school district, that has adopted a local law or ordinance pursuant to this section establishing a demonstration program imposing liability on the owner of a vehicle for failure of an operator thereof to comply with SUBDIVISION (A) OF section eleven hundred seventy-four of this [chapter] ARTICLE when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter and operated in such county, city, town or village may enter into an agreement with the applicable school district for the installation, maintenance and use of school bus photo violation monitor- ing systems on school buses pursuant to this section and section twen- ty-two of the chapter of the laws of two thousand nineteen which added this section, for the proper handling and custody of photographs, micro- photographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the applicable county, city, town or village. Any agreement entered into hereunder shall be approved by each participating county, city, town or village by a major- ity vote of the voting strength of its governing body and by resolution of the district pursuant to section sixteen hundred four, section seven- teen hundred nine, section twenty-five hundred three, section twenty- five hundred fifty-four or section twenty-five hundred ninety-h of the education law, as applicable. Provided, however, that where a district has entered an agreement as provided hereunder with a county, no cities, towns or villages within the same county may enter into, or be a party to, any agreement with such district pursuant to this section. Provided further, however, that no county shall enter an agreement with any city school district wholly contained within a city. Nothing in this section shall be construed to prevent a county, city, town, village or district S. 8306--C 82 A. 8806--C at any time to withdraw from or terminate an agreement entered pursuant to this section and section twenty-two of [the] chapter ONE HUNDRED FORTY-FIVE of the laws of [2019] TWO THOUSAND NINETEEN which added this section. 2. Any image or images captured by school bus photo violation monitor- ing systems shall be inadmissible in any disciplinary proceeding convened by any school district or any school bus contractor thereof, and any proceeding initiated by the department involving licensure priv- ileges of school bus operators. Any school bus photo violation monitor- ing device mounted on a school bus shall be directed outwardly from such school bus to capture images of vehicles operated in violation of SUBDI- VISION (A) OF section eleven hundred seventy-four of this [chapter] ARTICLE, and images produced by such device shall not be used for any other purpose. (iii) the installation of signage in conformance with standards estab- lished in the MUTCD at each roadway entrance of the jurisdictional boun- daries of such county, city, town or village giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating SUBDIVISION (A) OF section eleven hundred seven- ty-four of this [chapter] ARTICLE. For the purposes of this paragraph, the term "roadway" shall not include state expressway routes or state interstate routes but shall include controlled-access highway exit ramps that enter the jurisdictional boundaries of a county, city, town or village; and § 2. Paragraph 2 of subdivision (k) of section 1174-a of the vehicle and traffic law, as added by chapter 145 of the laws of 2019, is amended to read as follows: 2. Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicle was operating such vehicle with- out the consent of the owner at the time such operator failed to comply with SUBDIVISION (A) OF section eleven hundred seventy-four of this [chapter] ARTICLE. For purposes of this subdivision there shall be a presumption that the operator of such vehicle was operating such vehicle with the consent of the owner at the time such operator failed to comply with SUBDIVISION (A) OF section eleven hundred seventy-four of this [chapter] ARTICLE. § 3. Subdivision (d) of section 1174-a of the vehicle and traffic law, as added by chapter 145 of the laws of 2019, is amended to read as follows: (d) A certificate, sworn to or affirmed by a technician employed by the county, city, town or village in which the charged violation occurred, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a school bus photo violation monitoring system, AND OTHER DOCUMENTS OR DECLARATIONS PERTAINING TO INSPECTIONS BY THE DEPARTMENT OF TRANSPORTA- TION, shall be prima facie evidence of the facts contained therein. SUCH CERTIFICATE, OR A FACSIMILE THEREOF, SHALL PROVIDE THE IDENTIFICATION NUMBER OF THE SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM WHICH RECORDED THE VIOLATION, A STATEMENT CONFIRMING THAT AT THE TIME SUCH VIOLATION WAS RECORDED BY SUCH SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM, SUCH SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM WAS INSTALLED ON A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER AS EVIDENCED BY A VALID CERTIFICATE OF INSPECTION ISSUED TO SUCH SCHOOL BUS BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION ONE HUNDRED S. 8306--C 83 A. 8806--C FORTY OF THE TRANSPORTATION LAW AND THE SAFETY RULES AND REGULATIONS PROMULGATED THEREUNDER, AND THE REGISTRATION NUMBER OF THE SCHOOL BUS TO WHICH SUCH SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM WAS ATTACHED. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall INCLUDE A RECORDED IMAGE OF THE OUTSIDE OF THE MOTOR VEHICLE INVOLVED IN SUCH VIOLATION, THE REGISTRA- TION NUMBER OF SUCH VEHICLE, AT LEAST ONE ACTIVATED SCHOOL BUS STOP-ARM, AND AN ELECTRONIC INDICATOR OR INDICATORS SHOWING THE ACTIVATION OF THE FLASHING RED SIGNAL LAMPS OF THE SCHOOL BUS TO WHICH THE SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM PRODUCING SUCH PHOTOGRAPHS, MICROPHO- TOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES WAS INSTALLED AT THE TIME SUCH VIOLATION OCCURRED, AND SHALL be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to a local law or ordinance adopted pursuant to this section. WHERE RECORDED IMAGES FROM A SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM ATTACHED TO A SCHOOL BUS, AS CERTIFIED PURSUANT TO THIS SUBDIVISION, SHOW THE ACTI- VATION OF AT LEAST ONE SCHOOL BUS STOP-ARM AND AN ELECTRONIC INDICATOR OR INDICATORS AS REQUIRED PURSUANT TO THIS SUBDIVISION, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH SCHOOL BUS WAS STOPPED FOR THE PURPOSE OF RECEIVING OR DISCHARGING ANY PASSENGERS OR BECAUSE A SCHOOL BUS IN FRONT OF IT HAD STOPPED TO RECEIVE OR DISCHARGE ANY PASSENGERS. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE COUN- TY, CITY, TOWN OR VILLAGE IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, AFTER REVIEWING EVIDENCE THAT ON THE DAY THE CHARGED VIOLATION OCCURRED SUCH SCHOOL BUS HAD A VALID CERTIFICATE OF INSPECTION ISSUED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW AND THE SAFETY RULES AND REGU- LATIONS PROMULGATED THEREUNDER, SHALL BE PRIMA FACIE EVIDENCE THAT SUCH SCHOOL BUS WAS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER AND THE FLASHING RED SIGNAL LAMP OF SUCH SCHOOL BUS WAS IN OPERATION AT THE TIME THE VIOLATION OCCURRED. § 4. Paragraph 2 of subdivision (g) of section 1174-a of the vehicle and traffic law, as added by chapter 145 of the laws of 2019, is amended to read as follows: 2. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of subdivision (a) of section eleven hundred seventy-four of this article pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation [and], the identification number of the [camera] SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM which recorded the violation or other document locator number, AND THE REGISTRATION NUMBER OF THE SCHOOL BUS ON WHICH THE SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM WHICH RECORDED THE VIOLATION WAS INSTALLED. § 5. The opening paragraph of section 25 of chapter 145 of the laws of 2019 amending the vehicle and traffic law relating to school bus photo violation monitoring systems and owner liability for failure of operator to stop for a school bus displaying a red visual signal, is amended to read as follows: This act shall take effect on the thirtieth day after it shall have become a law and shall expire December 1, [2024] 2029 when upon such date the provisions of this act shall be deemed repealed; provided that any such local law as may be enacted pursuant to this act shall remain in full force and effect only until December 1, [2024] 2029 and provided, further, that: S. 8306--C 84 A. 8806--C § 6. This act shall take effect immediately; provided, however, that the amendments to section 1174-a of the vehicle and traffic law made by sections one, two, three and four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART BB Section 1. The insurance law is amended by adding a new section 3462 to read as follows: § 3462. AFFORDABLE HOUSING UNDERWRITING AND RATING. (A) AN INSURER THAT ISSUES OR DELIVERS IN THIS STATE A POLICY OF INSURANCE COVERING LOSS OF OR DAMAGE TO REAL PROPERTY CONTAINING UNITS FOR RESIDENTIAL PURPOSES OR LEGAL LIABILITY OF AN OWNER OF SUCH REAL PROPERTY, SHALL NOT INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER CANCEL, REFUSE TO ISSUE, REFUSE TO RENEW OR INCREASE THE PREMIUM OF A POLICY, OR EXCLUDE, LIMIT, RESTRICT, OR REDUCE COVERAGE UNDER A POLICY BASED ON, THE FOLLOW- ING: (1) THE RESIDENTIAL BUILDING CONTAINS DWELLING UNITS THAT SHALL BE AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO A STAT- UTE, REGULATION, RESTRICTIVE DECLARATION, OR REGULATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY; (2) THE REAL PROPERTY OWNER OR TENANTS OF SUCH RESIDENTIAL BUILDING OR THE SHAREHOLDERS OF A COOPERATIVE HOUSING CORPORATION RECEIVE RENTAL ASSISTANCE PROVIDED BY A LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY, INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF FEDERAL VOUCHERS ISSUED UNDER SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937(42 U.S.C. § 1437F); (3) THE LEVEL OR SOURCE OF INCOME OF THE TENANTS OF THE RESIDENTIAL BUILDING OR THE SHAREHOLDERS OF A COOPERATIVE HOUSING CORPORATION; OR (4) WHETHER SUCH RESIDENTIAL BUILDING IS OWNED BY A LIMITED-EQUITY COOPERATIVE; OWNED BY A PUBLIC HOUSING AUTHORITY; OR OWNED BY A COOPER- ATIVE HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF ARTICLE TWO, ARTICLE FOUR, ARTICLE FIVE OR ARTICLE ELEVEN OF THE PRIVATE HOUSING FINANCE LAW. (B) NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM CANCELING, REFUSING TO ISSUE, REFUSING TO RENEW, OR INCREASING THE PREMIUM OF, AN INSURANCE POLICY, OR EXCLUDING, LIMITING, RESTRICTING, OR REDUCING COVERAGE UNDER SUCH POLICY, DUE TO OTHER FACTORS THAT ARE PERMITTED OR NOT PROHIBITED BY ANY OTHER SECTION OF THIS CHAPTER. § 2. This act shall take effect immediately. PART CC Section 1. Section 370 of the education law is amended by adding a new subdivision 6-a to read as follows: 6-A. "LARGE-SCALE CONSTRUCTION PROJECT" SHALL MEAN ANY PROJECT FOR WHICH THE TOTAL ESTIMATED COST OF THE CONTRACT OR CONTRACTS IS TEN MILLION DOLLARS OR MORE THAT IS: (A) A PROJECT PERFORMED UNDER THE APPROVED MASTER PLAN OF THE STATE UNIVERSITY SUBMITTED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED FIFTY-FIVE OF THIS CHAPTER; OR (B) WHICH INVOLVES THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES, WITH RESPECT TO UNIVERSITY-RELATED ECONOMIC DEVELOP- MENT PROJECTS AUTHORIZED BY LAW PURSUANT TO SECTION THREE HUNDRED SEVEN- TY-TWO-A OF THIS ARTICLE. S. 8306--C 85 A. 8806--C § 2. Section 376 of the education law is amended by adding a new subdivision 11 to read as follows: 11. (A) EACH CONTRACT INVOLVING THE AWARDING OF A LARGE-SCALE CONSTRUCTION PROJECT SHALL REQUIRE THE USE OF A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, FOR ALL CONTRACTORS AND SUBCONTRACTORS ON THE PROJECT, CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION. (B) THE FUND SHALL NOT BE REQUIRED TO USE A PROJECT LABOR AGREEMENT WHERE IT DETERMINES THAT SUCH AGREEMENT WOULD BE INCONSISTENT WITH PARA- GRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW OR STATE COMPETITIVE BIDDING LAWS. ANY SUCH DETERMINATION SHALL BE PROVIDED IN A WRITTEN EXPLANATION FOR A PARTICULAR PROJECT CONTRACT BY THE SOLICITATION DATE. THE GOALS AND REQUIREMENTS OF ARTI- CLE FIFTEEN-A OF THE EXECUTIVE LAW AND ARTICLE THREE OF THE VETERAN SERVICES LAW SHALL APPLY TO ALL PROJECT LABOR AGREEMENTS. (C) AN AGENCY MAY REQUIRE THE USE OF A PROJECT LABOR AGREEMENT ON CONSTRUCTION PROJECTS WHERE THE TOTAL COST TO THE FUND IS LESS THAN THAT FOR A LARGE-SCALE CONSTRUCTION PROJECT, IF CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW. § 3. This act shall take effect January 1, 2025 and shall apply to all large-scale construction projects for which a bid advertisement has not been published in the contract reporter as of such effective date. PART DD Section 1. Short title. This act shall be known and may be cited as the "city of Dunkirk fiscal recovery act". § 2. Definitions. As used in this act, the following words and terms shall have the following meanings respectively, unless the text shall indicate another or different meaning or intent: (a) "Budget" means a current operating budget of the city prepared or adopted pursuant to general, special or local law, being the annual budget and estimate of expenditures to be made during a fiscal year for the general support and current expenses of the government of the city to be paid from taxes or assessments or other current revenues of the city for such year. (b) "City" means the city of Dunkirk, in the county of Chautauqua. (c) "City treasurer" means the treasurer of the city. (d) "City council" means the city council of the city. (e) "City fiscal affairs officer" means the city fiscal affairs offi- cer of the city. (f) "City taxes" means and includes all taxes on real property levied and assessed by the city, based on valuation thereof and shall not mean any rent, rate, fee, special assessment or other charge based on benefit or use. (g) "Collecting officer" means the officer empowered to collect and receive city taxes. (h) "Deficit bonds" means the bonds authorized to be issued by section three of this act. (i) "Deficit notes" means bond anticipation notes issued in antic- ipation of the issuance of deficit bonds. (j) "Financial plan" means the three-year financial plan required by section nine of this act. (k) "Fiscal year" means the fiscal year of the city. S. 8306--C 86 A. 8806--C (l) "Mayor" means the mayor of the city. (m) "Outstanding", when used with respect to obligations of the city as of any particular date, means all obligations of the city theretofore issued and thereupon being issued except any obligation theretofore paid and discharged or for the payment of the principal of and interest on which money is held by or on behalf of the city, in trust solely and in all events only for the purpose and sufficient to pay in full the prin- cipal and redemption premium, if any, of and interest on such obli- gations. (n) "Special debt service" means, with respect to a fiscal year, the amounts required for the timely payment of (i) all principal due or becoming due and payable in said year with respect to any serial bonds, tax anticipation notes, capital notes or budget notes of the city, and all principal amortization for said year required by law with respect to bond anticipation notes or other securities of the city, and not specif- ically mentioned in paragraph (ii) of this subdivision, (ii) all inter- est due or becoming due and payable in said year with respect to any serial bonds, bond anticipation notes, tax anticipation notes, revenue anticipation notes, capital notes, budget notes or other securities of the city not specifically mentioned herein, and (iii) all sinking fund contributions required in said year with respect to any sinking fund bonds. (o) "Special debt service fund" means the fund which is held by the state comptroller and is described and provided for in section thirteen of this act. (p) "State aid" means all aid and incentives for municipalities pursu- ant to section 54 of the state finance law, any successor type of aid and any new aid appropriated by the state as local government assistance for the benefit of the city. (q) "State comptroller" means the comptroller of the state, pursuant to their authority to supervise the accounts of any political subdivi- sion of the state. Unless the context specifically provides otherwise, any terms used in this act such as revenues, expenditures or expenses shall be construed as such term is construed under applicable accounting principles incor- porated in the uniform system of accounts prescribed by the state comp- troller. § 3. Deficit bond and deficit note issuance authorization. The city is hereby authorized to issue bonds, subject to the provisions of this act, on or before December 31, 2025, in an aggregate principal amount not to exceed eighteen million five hundred thousand dollars ($18,500,000) (exclusive of the costs and expenses incidental to the issuance of the bonds authorized to be issued by this section) for the specific object or purpose of liquidating actual deficits in its general fund, water fund, sewer fund, and the capital projects fund existing at the close of its 2024 fiscal year. In anticipation of the issuance of such bonds, deficit notes are hereby authorized to be issued. § 4. Period of probable usefulness established. It is hereby deter- mined that the financing of the deficits described in section three of this act is an object or purpose of the city for which indebtedness may be incurred, the period of probable usefulness of which is hereby deter- mined to be fifteen years, computed from the date of such deficit bonds or from the date of the first deficit notes, whichever date is earlier. Such deficit bonds and deficit notes shall be general obligations of the city, to which the faith and credit of the city is pledged, and the city S. 8306--C 87 A. 8806--C shall make an annual appropriation sufficient to pay the principal of and interest on such obligations as the same shall become due. § 5. Certification of deficit. No deficit bonds may be issued unless and until the state comptroller shall first review and confirm the existence of the deficits described in section three of this act, as well as certify the amount of the deficits. As soon as practicable after the effective date of this act, but in no event prior to the close of the city's 2024 fiscal year, the city shall prepare a report detailing the amount and cause of the deficit and submit to the state comptroller such report, together with the independent audit report for its last completed fiscal year and such other information as the state comp- troller may deem necessary. Within thirty days after receiving all necessary reports and information, the state comptroller shall: (a) perform such reviews as may be necessary; (b) confirm the existence and certify the amount of the deficits; and (c) provide notification to the city fiscal affairs officer, the city treasurer, the mayor and the city council as to the existence and amount of any such deficits. § 6. Limit on amount of deficit bonds. Deficit bonds may not be issued in an amount exceeding the amount of such deficits as certified by the state comptroller. If the city issues deficit notes prior to a determi- nation by the state comptroller pursuant to section five of this act in an amount in excess of the amount of such deficits as confirmed by the state comptroller, the city shall, from funds other than proceeds of bonds or bond anticipation notes, either redeem such deficit notes in the amount by which the amount of such deficit notes exceeds the amount of such deficits as confirmed by the state comptroller or deposit a sum equal to the amount by which such deficit notes exceed the amount of such deficits as confirmed by the state comptroller into the special debt service fund. § 7. Quarterly budget reports and trial balances. For each fiscal year during the effective period of this act, the city treasurer shall moni- tor budgets of the city and, for each budget, prepare a quarterly report of summarized budget data depicting overall trends of actual revenues and budget expenditures for the entire budget rather than individual line items. Such reports shall compare revenue estimates and appropri- ations as set forth in such budget with the actual revenues and expendi- tures made to date. All quarterly reports shall be accompanied by a recommendation by the city fiscal affairs officer setting forth any remedial action necessary to resolve any unfavorable budget variance including the overestimation of revenues and the underestimation of appropriations, and shall be completed within thirty days of the end of each quarter. The city treasurer shall also prepare, as part of such report, a quarterly trial balance of general ledger accounts. The above quarterly budgetary reports and quarterly trial balances shall be prepared in accordance with applicable accounting principles incorpo- rated in the uniform system of accounts prescribed by the state comp- troller. These reports shall be submitted to the city fiscal affairs officer, the mayor, the city council, the state director of the budget, the state comptroller, the chair of the assembly ways and means commit- tee, and the chair of the senate finance committee. § 8. Budget review by state comptroller. During the effective period of this act, the city fiscal affairs officer shall submit the proposed budget for the next succeeding fiscal year to the state comptroller no later than thirty days before the date scheduled for the city council's vote on the adoption of the final budget or the last date on which the S. 8306--C 88 A. 8806--C budget may be finally adopted, whichever is sooner. The state comp- troller shall examine such proposed budget and make such recommendations as deemed appropriate thereon to the city prior to the adoption of the budget, but no later than ten days before the date scheduled for the city council's vote on the adoption of the final budget or the last date on which the budget must be adopted, whichever is sooner. Such recommen- dations shall be made after examination into the estimates of revenues and expenditures of the city. The city council, no later than five days prior to the adoption of the budget, shall review any such recommenda- tions and make adjustments to the proposed budget consistent with any recommendations made by the state comptroller. § 9. Multiyear financial plans. During the effective period of this act, the city fiscal affairs officer shall prepare, along with the proposed budget for the next succeeding fiscal year, a three-year finan- cial plan covering the next succeeding fiscal year and the two fiscal years thereafter. The financial plan shall, at a minimum, contain projected employment levels, projected annual expenditures for personal service, fringe benefits, non-personal services and debt service; appro- priate reserve fund amounts; estimated annual revenues including projec- tion of property tax rates, the value of the taxable real property and resulting tax levy, annual growth in sales tax and non-property tax revenues; and the proposed use of one-time revenue sources. The finan- cial plan shall also identify actions necessary to achieve and maintain long-term fiscal stability, including, but not limited to, improved management practices, initiatives to minimize or reduce operating expenses, and potential shared services agreements with other munici- palities. Within thirty days following the adoption by the city council of the budget for the next succeeding fiscal year and upon the completion of each quarterly budget report pursuant to section seven of this act, the city fiscal affairs officer shall update the financial plan consistent with such adopted budget or such quarterly budget report. Copies of the financial plan and any update shall be provided to the city treasurer, the mayor, the city council, the state director of the budget, the state comptroller, the chair of the assembly ways and means committee, and the chair of the senate finance committee. § 10. State comptroller to comment on further debt issuance. During the effective period of this act, the city treasurer shall notify the state comptroller at least fifteen days prior to the issuance of any bonds or notes or entering into any installment purchase contract, and the state comptroller may review and make recommendations regarding the affordability to the city of any such proposed issuance or contract. § 11. Private sale of bonds authorized. To facilitate the marketing of (a) deficit bonds, (b) any bonds issued to refund such deficit bonds, and (c) any other bonds to be issued on or before December 31, 2025, the city may, notwithstanding any limitation on the private sales of bonds provided by law and subject to the approval of the state comptroller of the terms and conditions of such sales: (1) arrange for the underwriting of such bonds at private sale through negotiated fees or by sale of such bonds to an underwriter; or (2) arrange for the private sale of such bonds through negotiated agreement, with compensation for such sales to be provided by negotiated agreement and/or negotiated fee, if required. The cost of such underwriting or private placement shall be deemed to be a preliminary cost for purposes of section 11.00 of the local finance law. S. 8306--C 89 A. 8806--C § 12. Exceptions to the local finance law. Except as provided in this act, all proceedings in connection with the issuance of such deficit bonds or deficit notes shall be had and taken in accordance with the provisions of the local finance law, provided, however, that any resol- ution or resolutions authorizing the issuance of such bonds or bond anticipation notes shall not be subject to (a) any mandatory or permis- sive referendum, (b) the provisions of section 107.00 of the local finance law with respect to any requirements for a down payment and (c) the provisions of section 10.10 of the local finance law. § 13. Special debt service fund. (a) Upon the issuance of any deficit bonds or deficit notes, the city council shall establish and thereafter maintain a special debt service fund with the state comptroller for the purpose of paying the special debt service due or becoming due in subse- quent fiscal years. Such special debt service fund shall be discontinued upon the expiration of the effectiveness of this act, and any balance remaining in the special debt service fund at that time shall be paid by the state comptroller to the city treasurer for use by the city in the manner provided by law. (b) The state comptroller shall deposit and pay into the special debt service fund any portion of state aid as the state comptroller deter- mines necessary to ensure sufficient moneys are available to make sched- uled special debt service payments from the special debt service fund over the succeeding twelve month period taking account of the city's receipt of city taxes and state aid during such twelve month period and the availability of other amounts appropriated or set aside by the city to make such payments. Thereafter, the state comptroller shall, as soon as practicable, pay over the remainder of any such state aid to the city treasurer for use by the city in the manner provided by law. (c) Not later than the first day of each fiscal year beginning after issuance of any deficit bonds or deficit notes, the city treasurer shall certify to the state comptroller the percentage obtained by dividing the balance obtained by subtracting the amount of the appropriation for such year for a reserve for uncollected taxes from the total amount of city taxes levied and assessed for such year, into the total appropriation in the budget of such year for special debt service, and the percentage so certified shall constitute the debt service percentage for such fiscal year. Immediately upon receipt of any payment during such fiscal year of or on account of any city taxes, the city, its collecting officer and any agent receiving the same shall remit such payment to the state comp- troller. Of each sum so received, the state comptroller shall deposit and pay into the special debt service fund the portion thereof equal to the debt service percentage of the total sum, and shall deposit and pay into the fund such additional amounts as the state comptroller deter- mines necessary to ensure sufficient moneys are available to make sched- uled special debt service payments from the special debt service fund over the succeeding twelve month period taking account of the timing of the city's receipt of city taxes and state aid during such twelve month period and the availability of other amounts appropriated or set aside by the city to make such payments. Thereafter, the state comptroller shall, as soon as practicable, pay over the remainder of such sum to the city treasurer for use by the city in the manner provided by law. (d) The moneys in the special debt service fund shall be invested in the manner provided by section 11 of the general municipal law, provided, however, that the investments shall be made for and on behalf of the city by the state comptroller upon instructions from the chief fiscal officer of the city which shall be consistent with the city's S. 8306--C 90 A. 8806--C investment policy adopted pursuant to section 39 of the general munici- pal law. (e) The state comptroller shall from time to time during each fiscal year withdraw from the special debt service fund all amounts required for the payment as the same becomes due of all special debt service of such fiscal year and cause the amounts so withdrawn to be applied to such payments as and when due. (f) The special debt service fund and all monies or securities therein or payable thereto in accordance with this section is hereby declared to be city property devoted to essential governmental purposes and accord- ingly, shall not be applied to any purpose other than as provided herein and shall not be subject to any order, judgment, lien, execution, attachment, setoff or counterclaim by any creditor of the city other than a creditor for whose benefit such fund is established and main- tained and entitled thereto under and pursuant to this act. § 14. Agreement with the state. (a) The state does hereby pledge to and agree with the holders of any bonds, notes or other obligations issued by the city during the effective period of this act and secured by such a pledge that the state will not limit, alter or impair the rights hereby vested in the city to fulfill the terms of any agreements made with such holders pursuant to this act, or in any way impair the rights and remedies of such holders or the security for such bonds, notes or other obligations until such bonds, notes or other obligations together with the interest thereon and all costs and expenses in connection with any action or proceeding by or on behalf of such hold- ers, are fully paid and discharged. The city is authorized to include this pledge and agreement of the state in any agreement with the holders of such bonds, notes or other obligations. Nothing contained in this act shall be deemed to (i) obligate the state to make any payments or impose any taxes to satisfy the debt service obligations of the city, (ii) restrict any right of the state to amend, modify, repeal or otherwise alter (A) section 54 of the state finance law or any other provision relating to state aid, or (B) statutes imposing or relating to taxes or fees, or appropriations relating thereto, or (iii) create a debt of the state within the meaning of any constitutional or statutory provisions. The city shall not include in any resolution, contract or agreement with holders of such bonds, notes or other obligations any provision which provides that an event of default occurs as a result of the state exer- cising its rights described in paragraph (ii) of this subdivision. (b) Any provision with respect to state aid shall be deemed executory only to the extent of moneys available, and no liability shall be incurred by the state beyond the moneys available for that purpose, and any such payment by the state comptroller of state aid shall be subject to annual appropriation of state aid by the state legislature. § 15. Rights of the state comptroller and bondholders. (a) In the event that the city shall fail to comply with any provision of this act, and such non-compliance shall continue for a period of 30 days, (1) the state comptroller acting alone, or (2) a duly appointed representative of the holders of at least 25 per centum in aggregate principal amount of (i) any series of deficit bonds or deficit notes, (ii) any series of bonds issued to refund such deficit bonds or deficit notes, or (iii) any other series of notes or bonds issued by the city during the effective period of this act, by instrument or instruments filed in the office of the clerk of Chautauqua county and proved or acknowledged in the same manner as a deed to be recorded, may bring an action or commence a proceeding in accordance with the civil practice law and rules to (A) S. 8306--C 91 A. 8806--C require the city to carry out any of its obligations under this act or (B) enjoin any acts or things which may be unlawful or in violation of the obligations imposed on the city under this act. In addition, the duly appointed representative of the bondholders of any such series of notes or bonds may bring an action or commence a proceeding in accord- ance with the civil practice law and rules to enforce the rights of the holders of such series of notes or bonds. (b) The supreme court in the county of Chautauqua shall have jurisdic- tion of any action or proceeding by the state comptroller or the repre- sentative of such bondholders. § 16. Severability clause. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent juris- diction to be invalid, such judgment shall not affect, impair or invali- date the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part involved in the contro- versy in which such judgment shall have been rendered. The provisions of this act shall be liberally construed to assist the effectuation of the public purposes furthered hereby. § 17. This act shall take effect immediately; and shall remain in full force and effect until the fifteenth anniversary of the date of first issuance of deficit bonds or deficit notes pursuant to this act, when upon such date the provisions of this act shall be deemed repealed; and provided, however, that the state comptroller shall notify the legisla- tive bill drafting commission upon the occurrence of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furth- erance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART EE Section 1. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF NEWLY-CONSTRUCTED OR CONVERTED RENTAL MULTIPLE DWELLINGS. 1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED OR CONVERTED IN A BENEFIT AREA DESIGNATED IN SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY RESOLUTION. (B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES. (C) THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN A HOTEL, CONSISTING OF TEN OR MORE DWELLING UNITS, WHERE ALL OF THE UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND TWENTY-FIVE PERCENT OF SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOW- ING A VACANCY DURING THE BENEFIT PERIOD, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A WEIGHTED AVERAGE OF NO LESS THAN SIXTY PERCENT OF THE AREA MEDIAN INCOME AND NO MORE THAN EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSE- HOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT S. 8306--C 92 A. 8806--C RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI- LY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. PROVIDED FURTHER, THAT ANY LOCAL LAW AUTHORIZING AN EXEMPTION PURSUANT TO THIS SECTION MAY PROVIDE FOR THE AREA MEDIAN INCOME WEIGHTED AVERAGE WITHIN THE AMOUNTS SET FORTH IN THIS PARAGRAPH. SUCH RESTRICTION PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT. 2. ELIGIBLE NEWLY-CONSTRUCTED OR CONVERTED RENTAL MULTIPLE DWELLINGS IN A DESIGNATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE UNDER CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF TWENTY-FIVE YEARS, PROVIDED, THAT THE EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF TWENTY-FIVE YEARS SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE BY FOUR PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER: (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS THEREON DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION. (B) NO OTHER EXEMPTION MAY BE GRANTED CONCURRENTLY TO THE SAME IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW. 3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, ANY NEW CONSTRUCTION SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERU- TILIZED LAND, OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING ONE OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY NEW CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION. 4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE. 5. IN THE CASE OF A NEWLY CONSTRUCTED OR CONVERTED PROPERTY WHICH IS USED PARTIALLY AS A RENTAL MULTIPLE DWELLING AND PARTIALLY FOR COMMER- CIAL OR OTHER PURPOSES, THE PORTION OF THE PROPERTY THAT IS USED AS A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHORIZED BY THIS SECTION IF: (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL- ING REPRESENTS AT LEAST FIFTY PERCENT OF THE SQUARE FOOTAGE OF THE ENTIRE PROPERTY; (B) THE RENTAL UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES AS DETERMINED ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION; AND (C) THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED WITH RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL- ING. 6. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "APPLICANT" SHALL MEAN AN APPLICANT FOR THE EXEMPTION AUTHORIZED BY THIS SECTION AND/OR ANY SUCCESSOR TO SUCH APPLICANT. (II) "COVERED BUILDING SERVICE EMPLOYER" SHALL MEAN ANY APPLICANT AND/OR ANY EMPLOYER OF BUILDING SERVICE EMPLOYEES FOR SUCH APPLICANT S. 8306--C 93 A. 8806--C INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGEMENT COMPANY OR CONTRAC- TOR. (III) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGU- LARLY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTENANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMIT- ED TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING. (IV) "FISCAL OFFICER" SHALL MEAN THE COMMISSIONER OF LABOR. (V) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN ANY NEWLY-CONSTRUCTED OR CONVERTED RENTAL MULTIPLE DWELLINGS THAT RECEIVE BENEFITS PURSUANT TO THIS SECTION. (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE COVERED BUILDING SERVICE EMPLOYER AT THE ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE IN ACCORDANCE WITH ARTICLE NINE OF THE LABOR LAW FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED. SUCH APPLICABLE PREVAILING WAGE SHALL IN NO CASE BE LOWER THAN THE PREVAILING WAGE PROVIDED TO BUILDING SERVICE EMPLOYEES FOR WORK PERFORMED WITHIN THE RESPECTIVE COUNTY UNDER THE COLLECTIVE BARGAINING AGREEMENT COVERING THE LARGEST NUMBER OF HOUR- LY BUILDING SERVICE EMPLOYEES EMPLOYED AT RESIDENTIAL BUILDINGS WITHIN SUCH COUNTY IN EACH JOB CLASSIFICATION ESTABLISHED BY THE COMMISSIONER OF LABOR. THE COMMISSIONER OF LABOR SHALL DETERMINE THE APPLICABLE PREVAILING WAGE RATES AND PREVAILING RATE OF FRINGE BENEFITS FOR EACH JOB CLASSIFICATION CONSISTENT WITH THE CORRESPONDING JOB CLASSIFICATIONS COVERED BY SUCH COLLECTIVE BARGAINING AGREEMENTS. TO DETERMINE THE APPLICABLE SUPPLEMENT BENEFIT RATE, THE COMMISSIONER OF LABOR SHALL IDENTIFY THE APPLICABLE HOURLY, WEEKLY OR MONTHLY COST TO AN EMPLOYER AS SPECIFIED UNDER THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT OF PROVIDING SUCH SUPPLEMENTS. (C) (I) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: (A) TO INVESTIGATE OR CAUSE AN INVESTI- GATION TO BE MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES, AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELL- ING UNIT SHALL NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (B) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (C) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (E) TO MAKE A CLASSI- FICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLAS- SIFICATION; (F) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD OF THE WAGES ACTUALLY PAID TO THE BUILDING SERVICE EMPLOYEES AND OF THEIR HOURS OF WORK; (G) TO DELEGATE ANY OF THE FOREGOING POWERS TO SUCH FISCAL OFFICER'S DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE; (H) TO PROMULGATE RULES AS SUCH FISCAL OFFICER SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (I) S. 8306--C 94 A. 8806--C TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. (II) FOR EACH VIOLATION OF PARAGRAPH (B) OF THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A) BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS; AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, SUCH FISCAL OFFICER SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE VILLAGE, TOWN, OR CITY THAT ENACTED A LOCAL LAW PURSUANT TO THIS SECTION, OR TO ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN SUCH LOCAL LAW. (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS; OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE NEW CONSTRUCTION OR CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDI- VISION. UPON THE APPROVAL OF THE VILLAGE, TOWN, OR CITY THAT ENACTED A LOCAL LAW PURSUANT TO THIS SECTION, OR OF ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN SUCH LOCAL LAW, OF SUCH APPLICATION, THE APPLICANT WHO IS NOT EXEMPT IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION SHALL SUBMIT ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION. (F) THE VILLAGE, TOWN, OR CITY THAT ENACTED A LOCAL LAW PURSUANT TO THIS SECTION, OR ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN SUCH LOCAL LAW SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES SUBJECT TO THE REQUIREMENTS OF THIS SUBDIVISION AND THE AFFADAVITS REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION. (G) IF A COVERED BUILDING SERVICE EMPLOYER HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION WITH RESPECT TO THE SAME ELIGIBLE MULTIPLE DWELLING WITHIN A FIVE-YEAR PERI- OD, THE VILLAGE, TOWN, OR CITY THAT ENACTED A LOCAL LAW PURSUANT TO THIS SECTION, OR ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN SUCH LOCAL LAW MAY REVOKE ANY BENEFITS ASSOCIATED WITH SUCH ELIGIBLE MULTIPLE DWELLING UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH, A "VIOLATION" OF PARAGRAPH (B) OF THIS SUBDIVISION WILL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT A COVERED BUILDING SERVICE EMPLOYER HAS FAILED TO COMPLY WITH PARAGRAPH (B) OF THIS SUBDIVISION AND HAS FAILED TO CURE THE DEFI- CIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF BENEFITS ARE TERMINATED OR REVOKED FOR FAILURE TO COMPLY WITH THIS SUBDIVISION ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED. 7. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. S. 8306--C 95 A. 8806--C 8. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION. § 2. The real property tax law is amended by adding a new section 421-pp to read as follows: § 421-PP. EXEMPTION OF NEWLY CONVERTED OR CONSTRUCTED FULLY INCOME RESTRICTED RENTAL MULTIPLE DWELLINGS. 1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL MULTIPLE DWELL- INGS CONSTRUCTED OR CONVERTED IN A BENEFIT AREA DESIGNATED IN SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL AD VALO- REM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY RESOL- UTION. (B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES. (C) AS USED IN THIS SECTION, THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN A HOTEL, CONSISTING OF TEN OR MORE DWELLING UNITS, WHERE ALL BUT A MAXIMUM OF TWO OF THE UNITS ARE RENTED FOR RESI- DENTIAL PURPOSES, AND ALL OF SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A WEIGHTED AVERAGE OF NO LESS THAN SIXTY PERCENT OF THE AREA MEDIAN INCOME AND NO MORE THAN EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSE- HOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI- LY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. THE TWO RESIDENTIAL UNITS THAT ARE NOT INCOME RESTRICTED MUST BE OCCUPIED BY SUPERINTENDENTS, CARETAKERS, MANAGERS OR OTHER EMPLOYEES TO WHOM THE SPACE IS PROVIDED AS PART OR ALL OF THEIR COMPENSATION WITHOUT PAYMENT OF RENT AND WHO ARE EMPLOYED FOR THE PURPOSE OF RENDERING SERVICES IN CONNECTION WITH THE PREMISES OF WHICH THE HOUSING ACCOMMO- DATION IS A PART. IN THE EVENT NO UNIT IS PROVIDED OR RENTED TO SUCH AN EMPLOYEE, ALL UNITS IN THE BUILDING MUST BE INCOME RESTRICTED PURSUANT TO THIS PARAGRAPH. PROVIDED FURTHER THAT ANY LOCAL LAW AUTHORIZING AN EXEMPTION PURSUANT TO THIS SECTION MAY PROVIDE FOR THE AREA MEDIAN INCOME WEIGHTED AVERAGE WITHIN THE AMOUNTS SET FORTH IN THIS PARAGRAPH. SUCH RESTRICTION PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT. S. 8306--C 96 A. 8806--C 2. ELIGIBLE NEWLY-CONSTRUCTED OR CONVERTED RENTAL MULTIPLE DWELLINGS IN A DESIGNATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE UNDER CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF THIRTY YEARS. PROVIDED, HOWEVER: (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT TO BE DETERMINED BY THE LOCAL LAW PROVIDING THE EXCEPTION PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT AMOUNT SHALL BE NO GREATER THAN TEN PER CENTUM OF THE SHELTER RENT OF THE ELIGIBLE RENTAL MULTIPLE DWELLING EXEMPTED PURSUANT TO THIS SECTION. (B) NO OTHER EXEMPTION MAY BE GRANTED CONCURRENTLY TO THE SAME IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW. 3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, ANY NEW CONSTRUCTION SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERU- TILIZED LAND, OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING ONE OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY NEW CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION. 4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE. 5. IN THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS USED PARTIALLY AS A RENTAL MULTIPLE DWELLING AND PARTIALLY FOR COMMERCIAL OR OTHER PURPOSES, THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED AS A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHOR- IZED BY THIS SECTION IF: (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL- ING REPRESENTS AT LEAST FIFTY PERCENT OF THE SQUARE FOOTAGE OF THE ENTIRE PROPERTY; (B) THE RENTAL UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES AS DETERMINED ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION; AND (C) THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED WITH RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL- ING. 6. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. 7. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION. § 3. This act shall take effect immediately. PART FF Section 1. Paragraph 1 of subdivision d of section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 18 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (1) there has been a substantial modification or increase of dwelling space, or installation of new equipment or improvements or new furniture S. 8306--C 97 A. 8806--C or furnishings, provided in or to a tenant's housing accommodation, on written informed tenant consent to the rent increase. In the case of a vacant housing accommodation, tenant consent shall not be required. [The temporary] EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH, THE increase in the legal regulated rent for the affected housing accommo- dation shall be one-one hundred sixty-eighth, in the case of a building with thirty-five or fewer housing accommodations or one-one hundred eightieth in the case of a building with more than thirty-five housing accommodations where such increase takes effect on or after the effec- tive date of the chapter of the laws of two thousand nineteen that amended this paragraph, of the total actual cost incurred by the land- lord up to [fifteen thousand dollars] AN AMOUNT SET FORTH IN THIS PARA- GRAPH in providing such reasonable and verifiable modification or increase in dwelling space, furniture, furnishings, or equipment, including the cost of installation but excluding finance charges and any costs that exceed reasonable costs established by rules and regulations promulgated by the division of housing and community renewal. Such rules and regulations shall include: (i) requirements for work to be done by licensed contractors and a prohibition on common ownership between the landlord and the contractor or vendor; and (ii) a requirement that the owner resolve within the dwelling space all outstanding hazardous or immediately hazardous violations of the Uniform Fire Prevention and Building Code (Uniform Code), New York City Fire Code, or New York City Building and Housing Maintenance Codes, if applicable. Provided further that an owner who is entitled to a rent increase pursuant to this para- graph shall not be entitled to a further rent increase based upon the installation of similar equipment, or new furniture or furnishings with- in the useful life of such new equipment, or new furniture or furnishings. Provided further that the recoverable costs incurred by the landlord, pursuant to this paragraph, shall be limited to an aggregate cost [of fifteen thousand dollars that may be expended on no more than three separate individual apartment improvements in a fifteen year peri- od beginning with the first individual apartment improvement on or after June fourteenth, two thousand nineteen. Provided further that increases to the legal regulated rent pursuant to this paragraph shall be removed from the legal regulated rent thirty years from the date the increase became effective inclusive of any increases granted by the applicable rent guidelines board.] PURSUANT TO THE FOLLOWING: (A) THIRTY THOUSAND DOLLARS THAT MAY BE EXPENDED IN A FIFTEEN-YEAR PERIOD BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN, PROVIDED FURTHER THAT: (1) IF THERE IS A TENANT IN PLACE AT THE TIME THE INDIVIDUAL APARTMENT IMPROVEMENT IS UNDERTAKEN, NO COSTS INCURRED BY THE LANDLORD SHALL BE RECOVERABLE PURSUANT TO THIS SUBPARAGRAPH UNLESS THE LANDLORD OBTAINS WRITTEN TENANT CONSENT FROM THE TENANT IN PLACE AT THE TIME THE INDIVID- UAL APARTMENT IMPROVEMENT WAS UNDERTAKEN; (2) INCREASES TO THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA- GRAPH SHALL BE PERMANENT; AND (3) THE THIRTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGREGATE, ON ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN- YEAR PERIOD, BUT IN NO EVENT SHALL COSTS ABOVE THIRTY THOUSAND DOLLARS BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPARAGRAPH. (B) FIFTY THOUSAND DOLLARS THAT MAY BE EXPENDED IN A FIFTEEN-YEAR PERIOD BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN, PURSUANT TO REGULATION, S. 8306--C 98 A. 8806--C OPERATIONAL BULLETIN OR SUCH OTHER GUIDANCE AS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY ISSUE, PROVIDED FURTHER THAT: (1) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT UNDERTAKEN DURING A VACANCY; (2) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT IF (I) THE APART- MENT WAS TIMELY REGISTERED AS VACANT BY NO LATER THAN THE THIRTY-FIRST OF DECEMBER IN EACH OF TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY- THREE, AND TWO THOUSAND TWENTY-FOUR, PROVIDED THAT A LANDLORD MAY RECOVER COSTS ON THIS BASIS NO MORE THAN ONCE, OR (II) IF THE APARTMENT IS VACANT FOLLOWING A PERIOD OF CONTINUOUS OCCUPANCY OF AT LEAST TWEN- TY-FIVE YEARS THAT OCCURRED IMMEDIATELY PRIOR TO THE COMMENCEMENT OF SUCH INDIVIDUAL APARTMENT IMPROVEMENT; (3) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH IF SUCH LANDLORD HAS RECEIVED PRIOR CERTIFICATION TO RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH FROM THE DIVISION OF HOUSING AND COMMUNITY RENEWAL BASED ON ESTABLISHING THAT THE LANDLORD SATISFIES ONE OF THE ELIGIBILITY CRITERIA DELINEATED IN CLAUSE TWO OF THIS SUBPAR- AGRAPH, PROVIDED FURTHER THAT SUCH CERTIFICATION SHALL NOT BE DEEMED AS EVIDENCE THAT THE WORK PERFORMED OR COSTS CLAIMED FOR THE INDIVIDUAL APARTMENT IMPROVEMENT WAS SUBSTANTIATED OR TO OTHERWISE ACT AS A DEFENSE IN ANY SUBSEQUENT RENT OVERCHARGE PROCEEDING, DETERMINATION, OR AUDIT; (4) INCREASES TO THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA- GRAPH SHALL BE PERMANENT; (5) THE INCREASE IN THE LEGAL REGULATED RENT FOR THE AFFECTED HOUSING ACCOMMODATION SHALL BE ONE-ONE HUNDRED FORTY-FOURTH, IN THE CASE OF A BUILDING WITH THIRTY-FIVE OR FEWER HOUSING ACCOMMODATIONS OR ONE-ONE HUNDRED FIFTY-SIXTH IN THE CASE OF A BUILDING WITH MORE THAN THIRTY-FIVE HOUSING ACCOMMODATIONS WHERE SUCH INCREASE TAKES EFFECT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS PARAGRAPH, OF THE TOTAL ACTUAL COST INCURRED BY THE LANDLORD UP TO FIFTY THOUSAND DOLLARS IN PROVIDING SUCH REASONABLE AND VERIFIABLE MODIFICATION OR INCREASE IN DWELLING SPACE, FURNITURE, FURNISHINGS, OR EQUIPMENT, INCLUDING THE COST OF INSTALLATION BUT EXCLUDING FINANCE CHARGES AND ANY COSTS THAT EXCEED REASONABLE COSTS ESTABLISHED BY RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; (6) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT IF, IMMEDIATELY PRIOR TO UNDERTAKING SUCH INDIVIDUAL APARTMENT IMPROVEMENT, THE LANDLORD SUBMITS TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY EVIDENCE THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECESSARY AND REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER GUIDANCE, DEMONSTRATING THAT THE IMPROVEMENT WAS NECESSITATED BY A SUB-STANDARD CONDITION OR EXCEEDING ITS USEFUL LIFE IMMEDIATELY PRIOR TO THE LAND- LORD'S WORK TO IMPROVE THE UNIT AND THE LANDLORD'S PLANNED WORK TO IMPROVE THE UNIT. SUCH EVIDENCE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PHOTOS OF ANY AREAS, ASPECTS OR APPLIANCES IN THE APARTMENT THAT WILL BE IMPROVED, AND ANY NECESSARY PERMITS REQUIRED TO UNDERTAKE THE IMPROVEMENTS; (7) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT IF, IMMEDIATELY SUBSEQUENT TO UNDERTAKING THE INDIVIDUAL APARTMENT IMPROVEMENT, THE LANDLORD SUBMITS TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY EVIDENCE THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECES- S. 8306--C 99 A. 8806--C SARY AND REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER GUIDANCE, EVIDENCE OF THE COMPLETED WORK. SUCH EVIDENCE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PHOTOGRAPHS OF THE COMPLETED WORK, ITEMIZED RECEIPTS FOR ALL PARTS, MATERIALS, APPLIANCES, AND LABOR COSTS, AND PROOF OF PAYMENT. PROVIDED FURTHER, THE DIVISION OF HOUSING AND COMMUNI- TY RENEWAL SHALL REQUIRE THE PAYMENT OF A FEE THAT EQUALS ONE PERCENT OF THE AMOUNT CLAIMED FOR THE INDIVIDUAL APARTMENT IMPROVEMENT AT THE TIME OF SUCH FILING; (8) FOR COSTS RECOVERABLE PURSUANT TO ITEM (II) OF CLAUSE TWO OF THIS SUBPARAGRAPH, THE FIFTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGRE- GATE, ON ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN-YEAR PERIOD, BUT IN NO EVENT SHALL COSTS ABOVE FIFTY THOUSAND DOLLARS BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPAR- AGRAPH; (9) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY PERFORM AN AUDIT OF ANY INDIVIDUAL APARTMENT IMPROVEMENT CONDUCTED PURSUANT TO THIS SUBPARAGRAPH TO DETERMINE WHETHER THE INDIVIDUAL APARTMENT IMPROVEMENT WAS UNDERTAKEN IN THE MANNER DESCRIBED AND TO THE EXTENT CLAIMED BY THE LANDLORD, WHETHER THE COSTS CLAIMED WERE SUBSTANTIATED BY RECORDS, AND WHETHER THE RENT WAS PROPERLY ADJUSTED. SUCH AUDIT MAY INCORPORATE AN INSPECTION OF THE ACCOMMODATION AT BAR. THE LANDLORD AND THE TENANT LIVING IN THE ACCOMMODATION MAY PARTICIPATE IN SUCH AUDIT. IN THE EVENT THE AUDIT FINDS THAT THE RECOVERABLE COSTS CLAIMED BY THE LANDLORD CANNOT BE SUBSTANTIATED, THE RESULTING OVERCHARGE SHALL BE CONSIDERED TO BE WILLFUL. IN ADDITION, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY ISSUE ANY FINES OR PENALTIES SET FORTH IN REGULATIONS; (10) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PERFORM RANDOM ON-SITE INSPECTIONS, AS IT DEEMS NECESSARY, FOR ANY UNIT FOR WHICH THE OWNER SEEKS TO RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH; AND (11) NO OWNER SHALL BE ELIGIBLE FOR THE RENT INCREASE BASED ON INDI- VIDUAL APARTMENT IMPROVEMENTS PURSUANT TO THIS SUBPARAGRAPH IF, WITHIN THE FIVE YEAR PERIOD PRIOR TO FILING SUCH INDIVIDUAL APARTMENT IMPROVE- MENT, ANY UNIT WITHIN ANY BUILDING OWNED BY ANY OWNER OF THE BUILDING IN WHICH THE UNIT FOR WHICH THE OWNER SEEKS AN INDIVIDUAL APARTMENT IMPROVEMENT IS LOCATED, INCLUDING BUT NOT LIMITED TO PARTIAL OR BENEFI- CIAL OWNERS, HAS BEEN THE SUBJECT OF AN AWARD OR DETERMINATION BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURIS- DICTION FOR TREBLE DAMAGES DUE TO AN OVERCHARGE OR THE OWNER OF THE BUILDING IN WHICH THE UNIT IS LOCATED HAS BEEN THE SUBJECT OF AN AWARD OR DETERMINATION BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURISDICTION FOR HARASSMENT OF ANY TENANTS, PROVIDED THAT SUCH OWNER SHALL PROVIDE AN AFFIDAVIT CONFIRMING SUCH OWNER'S ELIGIBILITY UNDER THIS CLAUSE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AT THE SAME TIME AS, AND IN ADDITION TO, ANY OTHER MATERIALS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL REQUIRE AN OWNER TO SUBMIT PURSUANT TO CLAUSE SIX OF THIS SUBPARAGRAPH, AND PROVIDED FURTHER THAT SUCH AFFIDAVIT SHALL NOT BE DEEMED TO BE EVIDENCE OF COMPLIANCE WITH THIS CLAUSE OR A DEFENSE IN ANY SUBSEQUENT RENT OVERCHARGE PROCEED- ING, DETERMINATION, OR AUDIT. § 2. Paragraph 12 of subdivision (a) of section 10-b of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 23 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: 12. establish a form in the top six languages other than English spoken in the state according to the latest available data from the U.S. S. 8306--C 100 A. 8806--C Bureau of Census for [a temporary] AN individual apartment improvement rent increase for a tenant in occupancy which shall be used by landlords to obtain written informed consent that shall include the estimated total cost of the improvement and the estimated monthly rent increase. SUCH CONSENT SHALL BE EXECUTED IN THE TENANT'S PRIMARY LANGUAGE. Such form shall be completed and preserved in the centralized electronic retention system to be operational by June 14, 2020, PROVIDED FURTHER THAT ANY CHANGES TO THE FORM REQUIRED DUE TO THE INDIVIDUAL APARTMENT IMPROVEMENT BEING PERMANENT SHALL BE COMPLETED AS OF OCTOBER 14, 2024. Nothing herein shall relieve a landlord, lessor, or agent thereof of [his or her] SUCH PERSON'S duty to retain proper documentation of all improvements performed or any rent increases resulting from said improvements. § 3. Paragraph 13 of subdivision c of section 26-511 of the adminis- trative code of the city of New York, as amended by section 19 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (13) provides that an owner is entitled to a rent increase where there has been a substantial modification or increase of dwelling space, or installation of new equipment or improvements or new furniture or furnishings provided in or to a tenant's housing accommodation, on writ- ten informed tenant consent to the rent increase. In the case of a vacant housing accommodation, tenant consent shall not be required. [The temporary] EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH, increase in the legal regulated rent for the affected housing accommo- dation shall be one-one hundred sixty-eighth, in the case of a building with thirty-five or fewer housing accommodations or one-one hundred eightieth in the case of a building with more than thirty-five housing accommodations where such increase takes effect on or after the effec- tive date of the chapter of the laws of two thousand nineteen that amended this paragraph, of the total actual cost incurred by the land- lord in providing such reasonable and verifiable modification or increase in dwelling space, furniture, furnishings, or equipment, including the cost of installation but excluding finance charges and any costs that exceed reasonable costs established by rules and regulations promulgated by the division of housing and community renewal. Such rules and regulations shall include: (i) requirements for work to be done by licensed contractors and prohibit common ownership between the landlord and the contractor or vendor; and (ii) a requirement that the owner resolve within the dwelling space all outstanding hazardous or imme- diately hazardous violations of the Uniform Fire Prevention and Building Code (Uniform Code), New York City Fire Code, or New York City Building and Housing Maintenance Codes, if applicable. Provided further that an owner who is entitled to a rent increase pursuant to this paragraph shall not be entitled to a further rent increase based upon the instal- lation of similar equipment, or new furniture or furnishings within the useful life of such new equipment, or new furniture or furnishings. Provided further that the recoverable costs incurred by the landlord, pursuant to this paragraph, shall be limited to an aggregate cost of [fifteen thousand dollars that may be expended on no more than three separate individual apartment improvements in a fifteen year period] AN AMOUNT SET FORTH IN THIS PARAGRAPH beginning with the first individual apartment improvement on or after June fourteenth, two thousand nine- teen. Provided further that increases to the legal regulated rent pursu- ant to this paragraph shall [be removed from the legal regulated rent thirty years from the date the increase became effective inclusive of S. 8306--C 101 A. 8806--C any increases granted by the applicable rent guidelines board.] BE LIMITED TO AN AGGREGATE COST PURSUANT TO THE FOLLOWING: (A) THIRTY THOUSAND DOLLARS THAT MAY BE EXPENDED IN A FIFTEEN-YEAR PERIOD BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN, PROVIDED FURTHER THAT: (1) IF THERE IS A TENANT IN PLACE AT THE TIME THE INDIVIDUAL APARTMENT IMPROVEMENT IS UNDERTAKEN, NO COSTS INCURRED BY THE LANDLORD SHALL BE RECOVERABLE PURSUANT TO THIS SUBPARAGRAPH UNLESS THE LANDLORD OBTAINS WRITTEN TENANT CONSENT FROM THE TENANT IN PLACE AT THE TIME THE INDIVID- UAL APARTMENT IMPROVEMENT WAS UNDERTAKEN; (2) INCREASES TO THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA- GRAPH SHALL BE PERMANENT; AND (3) THE THIRTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGREGATE, ON ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN- YEAR PERIOD, BUT IN NO EVENT SHALL COSTS ABOVE THIRTY THOUSAND DOLLARS BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPARAGRAPH. (B) FIFTY THOUSAND DOLLARS THAT MAY BE EXPENDED IN A FIFTEEN-YEAR PERIOD BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN, PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR SUCH OTHER GUIDANCE AS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY ISSUE, PROVIDED FURTHER THAT: (1) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT UNDERTAKEN DURING A VACANCY; (2) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT IF (I) THE APART- MENT WAS TIMELY REGISTERED AS VACANT BY NO LATER THAN THE THIRTY-FIRST OF DECEMBER IN EACH OF TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY- THREE, AND TWO-THOUSAND TWENTY-FOUR, PROVIDED THAT A LANDLORD MAY RECOVER COSTS ON THIS BASIS NO MORE THAN ONCE, OR (II) IF THE APARTMENT IS VACANT FOLLOWING A PERIOD OF CONTINUOUS OCCUPANCY OF AT LEAST TWEN- TY-FIVE YEARS THAT OCCURRED IMMEDIATELY PRIOR TO THE COMMENCEMENT OF SUCH INDIVIDUAL APARTMENT IMPROVEMENT; (3) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH IF SUCH LANDLORD HAS RECEIVED PRIOR CERTIFICATION TO RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH FROM THE DIVISION OF HOUSING AND COMMUNITY RENEWAL BASED ON ESTABLISHING THAT THE LANDLORD SATISFIES ONE OF THE ELIGIBILITY CRITERIA DELINEATED IN CLAUSE TWO OF THIS SUBPAR- AGRAPH, PROVIDED FURTHER THAT SUCH CERTIFICATION SHALL NOT BE DEEMED AS EVIDENCE THAT THE WORK PERFORMED OR COSTS CLAIMED FOR THE INDIVIDUAL APARTMENT IMPROVEMENT WAS SUBSTANTIATED OR TO OTHERWISE ACT AS A DEFENSE IN ANY SUBSEQUENT RENT OVERCHARGE PROCEEDING, DETERMINATION, OR AUDIT; (4) INCREASES TO THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA- GRAPH SHALL BE PERMANENT; (5) THE INCREASE IN THE LEGAL REGULATED RENT FOR THE AFFECTED HOUSING ACCOMMODATION SHALL BE ONE-ONE HUNDRED FORTY-FOURTH, IN THE CASE OF A BUILDING WITH THIRTY-FIVE OR FEWER HOUSING ACCOMMODATIONS OR ONE-ONE HUNDRED FIFTY-SIXTH IN THE CASE OF A BUILDING WITH MORE THAN THIRTY-FIVE HOUSING ACCOMMODATIONS WHERE SUCH INCREASE TAKES EFFECT ON OR AFTER THE EFFECTIVE DATE OF THIS CHAPTER, OF THE TOTAL ACTUAL COST INCURRED BY THE LANDLORD UP TO FIFTY THOUSAND DOLLARS IN PROVIDING SUCH REASONABLE AND VERIFIABLE MODIFICATION OR INCREASE IN DWELLING SPACE, FURNITURE, FURNISHINGS, OR EQUIPMENT, INCLUDING THE COST OF INSTALLATION BUT EXCLUDING FINANCE CHARGES AND ANY COSTS THAT EXCEED REASONABLE COSTS ESTABLISHED BY RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; S. 8306--C 102 A. 8806--C (6) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT IF, IMMEDIATELY PRIOR TO UNDERTAKING SUCH INDIVIDUAL APARTMENT IMPROVEMENT, THE LANDLORD SUBMITS TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY EVIDENCE THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECESSARY AND REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER GUIDANCE, DEMONSTRATING THAT THE IMPROVEMENT WAS NECESSITATED BY A SUB-STANDARD CONDITION OR EXCEEDING ITS USEFUL LIFE IMMEDIATELY PRIOR TO THE LAND- LORD'S WORK TO IMPROVE THE UNIT AND THE LANDLORD'S PLANNED WORK TO IMPROVE THE UNIT. SUCH EVIDENCE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PHOTOS OF ANY AREAS, ASPECTS OR APPLIANCES IN THE APARTMENT THAT WILL BE IMPROVED, AND ANY NECESSARY PERMITS REQUIRED TO UNDERTAKE THE IMPROVEMENTS; (7) COSTS SHALL ONLY BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT IF, IMMEDIATELY SUBSEQUENT TO UNDERTAKING THE INDIVIDUAL APARTMENT IMPROVEMENT, THE LANDLORD SUBMITS TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY EVIDENCE THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECES- SARY AND REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER GUIDANCE, EVIDENCE OF THE COMPLETED WORK. SUCH EVIDENCE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PHOTOGRAPHS OF THE COMPLETED WORK, ITEMIZED RECEIPTS FOR ALL PARTS, MATERIALS, APPLIANCES, AND LABOR COSTS, AND PROOF OF PAYMENT. PROVIDED FURTHER, THE DIVISION OF HOUSING AND COMMUNI- TY RENEWAL SHALL REQUIRE THE PAYMENT OF A FEE THAT EQUALS ONE PERCENT OF THE AMOUNT CLAIMED FOR THE INDIVIDUAL APARTMENT IMPROVEMENT AT THE TIME OF SUCH FILING; (8) FOR COSTS RECOVERABLE PURSUANT TO ITEM (II) OF CLAUSE TWO OF THIS SUBPARAGRAPH, THE FIFTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGRE- GATE, ON ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN-YEAR PERIOD, BUT IN NO EVENT SHALL COSTS ABOVE FIFTY THOUSAND DOLLARS BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPAR- AGRAPH; (9) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY PERFORM AN AUDIT OF ANY INDIVIDUAL APARTMENT IMPROVEMENT CONDUCTED PURSUANT TO THIS SUBPARAGRAPH TO DETERMINE WHETHER THE INDIVIDUAL APARTMENT IMPROVEMENT WAS UNDERTAKEN IN THE MANNER DESCRIBED AND TO THE EXTENT CLAIMED BY THE LANDLORD, WHETHER THE COSTS CLAIMED WERE SUBSTANTIATED BY RECORDS, AND WHETHER THE RENT WAS PROPERLY ADJUSTED. SUCH AUDIT MAY INCORPORATE AN INSPECTION OF THE ACCOMMODATION AT BAR. THE LANDLORD AND THE TENANT LIVING IN THE ACCOMMODATION MAY PARTICIPATE IN SUCH AUDIT. IN THE EVENT THE AUDIT FINDS THAT THE RECOVERABLE COSTS CLAIMED BY THE LANDLORD CANNOT BE SUBSTANTIATED, THE RESULTING OVERCHARGE SHALL BE CONSIDERED TO BE WILLFUL. IN ADDITION, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY ISSUE ANY FINES OR PENALTIES SET FORTH IN REGULATIONS; (10) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PERFORM RANDOM ON-SITE INSPECTIONS, AS IT DEEMS NECESSARY, FOR ANY UNIT FOR WHICH THE OWNER SEEKS TO RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH; AND (11) NO OWNER SHALL BE ELIGIBLE FOR THE RENT INCREASE BASED ON INDI- VIDUAL APARTMENT IMPROVEMENTS PURSUANT TO THIS SUBPARAGRAPH IF, WITHIN THE FIVE-YEAR PERIOD PRIOR TO FILING SUCH INDIVIDUAL APARTMENT IMPROVE- MENT, ANY UNIT WITHIN ANY BUILDING OWNED BY ANY OWNER OF THE BUILDING IN WHICH THE UNIT FOR WHICH THE OWNER SEEKS AN INDIVIDUAL APARTMENT IMPROVEMENT IS LOCATED, INCLUDING BUT NOT LIMITED TO PARTIAL OR BENEFI- CIAL OWNERS, HAS BEEN THE SUBJECT OF AN AWARD OR DETERMINATION BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURIS- S. 8306--C 103 A. 8806--C DICTION FOR TREBLE DAMAGES DUE TO AN OVERCHARGE OR THE OWNER OF THE BUILDING IN WHICH THE UNIT IS LOCATED HAS BEEN THE SUBJECT OF AN AWARD OR DETERMINATION BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURISDICTION FOR HARASSMENT OF ANY TENANTS, PROVIDED THAT SUCH OWNER SHALL PROVIDE AN AFFIDAVIT CONFIRMING SUCH OWNER'S ELIGIBILITY UNDER THIS CLAUSE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AT THE SAME TIME AS, AND IN ADDITION TO, ANY OTHER MATERIALS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL REQUIRE AN OWNER TO SUBMIT PURSUANT TO CLAUSE SIX OF THIS SUBPARAGRAPH, AND PROVIDED FURTHER THAT SUCH AFFIDAVIT SHALL NOT BE DEEMED TO BE EVIDENCE OF COMPLIANCE WITH THIS CLAUSE OR A DEFENSE IN ANY SUBSEQUENT RENT OVERCHARGE PROCEED- ING, DETERMINATION, OR AUDIT. § 4. Paragraph 12 of subdivision a of section 26-511.1 of the adminis- trative code of the city of New York, as amended by section 21 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (12) establish a form in the top six languages other than English spoken in the state according to the latest available data from the U.S. Bureau of Census for [a temporary] AN individual apartment improvement rent increase for a tenant in occupancy which shall be used by landlords to obtain written informed consent that shall include the estimated total cost of the improvement and the estimated monthly rent increase. SUCH CONSENT SHALL BE EXECUTED IN THE TENANT'S PRIMARY LANGUAGE. Such form shall be completed and preserved in the centralized electronic retention system to be operational by June 14, 2020, PROVIDED FURTHER THAT ANY CHANGES TO THE FORM REQUIRED DUE TO THE INDIVIDUAL APARTMENT IMPROVEMENT BEING PERMANENT SHALL BE COMPLETED AS OF OCTOBER 14, 2024. Nothing herein shall relieve a landlord, lessor, or agent thereof of [his or her] SUCH PERSON'S duty to retain proper documentation of all improvements performed or any rent increases resulting from said improvements. § 5. Subparagraph (e) of paragraph 1 of subdivision g of section 26-405 of the administrative code of the city of New York, as amended by section 20 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (e) The landlord and tenant by mutual voluntary written agreement demonstrating informed consent agree to a substantial increase or decrease in dwelling space or a change in furniture, furnishings or equipment provided in the housing accommodations. An adjustment under this subparagraph shall be equal to one-one hundred sixty-eighth, in the case of a building with thirty-five or fewer housing accommodations or one-one hundred eightieth in the case of a building with more than thir- ty-five housing accommodations where such [temporary] adjustment takes effect on or after the effective date of the chapter of the laws of two thousand nineteen that amended this subparagraph, of the total actual cost incurred by the landlord in providing such reasonable and verifi- able modification or increase in dwelling space, furniture, furnishings, or equipment, including the cost of installation but excluding finance charges and any costs that exceed reasonable costs established by rules and regulations promulgated by the division of housing and community renewal. Such rules and regulations shall include: (i) requirements for work to be done by licensed contractors and prohibit common ownership between the landlord and the contractor or vendor; and (ii) a require- ment that the owner resolve within the dwelling space all outstanding hazardous or immediately hazardous violations of the Uniform Fire Prevention and Building Code (Uniform Code), New York City Fire Code, or New York City Building and Housing Maintenance Codes, if applicable. S. 8306--C 104 A. 8806--C Provided further that an owner who is entitled to a rent increase pursu- ant to this subparagraph shall not be entitled to a further rent increase based upon the installation of similar equipment, or new furni- ture or furnishings within the useful life of such new equipment, or new furniture or furnishings. Provided further that the recoverable costs incurred by the landlord, pursuant to this subparagraph shall be limited to an aggregate cost of [fifteen] THIRTY thousand dollars [that may be expended on no more than three separate individual apartment improve- ments] in a fifteen year period beginning with the first individual apartment improvement on or after June fourteenth, two thousand nine- teen. [Provided further that increases to the legal regulated rent pursuant to this subparagraph shall be removed from the legal regulated rent thirty years from the date the increase became effective inclusive of any increases granted by the applicable rent guidelines board.] The owner shall give written notice to the city rent agency of any such [temporary] adjustment pursuant to this subparagraph; or § 6. Paragraph 12 of subdivision a of section 26-405.1 of the adminis- trative code of the city of New York, as amended by section 22 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (12) establish a form in the top six languages other than English spoken in the state according to the latest available data from the U.S. Bureau of Census for [a temporary] AN individual apartment improvement rent increase for a tenant in occupancy which shall be used by landlords to obtain written informed consent that shall include the estimated total cost of the improvement and the estimated monthly rent increase. SUCH CONSENT SHALL BE EXECUTED IN THE TENANT'S PRIMARY LANGUAGE. Such form shall be completed and preserved in the centralized electronic retention system to be operational by June 14, 2020, PROVIDED FURTHER THAT ANY CHANGES TO THE FORM REQUIRED DUE TO THE INDIVIDUAL APARTMENT IMPROVEMENT BEING PERMANENT SHALL BE COMPLETED AS OF OCTOBER 14, 2024. Nothing herein shall relieve a landlord, lessor, or agent thereof of [his or her] SUCH PERSON'S duty to retain proper documentation of all improvements performed or any rent increases resulting from said improvements. § 7. Subparagraph 5 of the second undesignated paragraph of paragraph (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946 constituting the emergency housing rent control law, as amended by section 36 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (5) the landlord and tenant by mutual voluntary written informed agreement agree to a substantial increase or decrease in dwelling space, furniture, furnishings or equipment provided in the housing accommo- dations; provided that an owner shall be entitled to a rent increase where there has been a substantial modification or increase of dwelling space, or installation of new equipment or improvements or new furniture or furnishings provided in or to a tenant's housing accommodation. The [temporary] increase in the maximum rent for the affected housing accom- modation shall be one-one hundred sixty-eighth, in the case of a build- ing with thirty-five or fewer housing accommodations, or one-one hundred eightieth, in the case of a building with more than thirty-five housing accommodations where such increase takes effect on or after the effec- tive date of the chapter of the laws of two thousand nineteen that amended this subparagraph, of the total actual cost incurred by the landlord up to [fifteen] THIRTY thousand dollars in providing such reasonable and verifiable modification or increase in dwelling space, furniture, furnishings, or equipment, including the cost of installation S. 8306--C 105 A. 8806--C but excluding finance charges and any costs that exceed reasonable costs established by rules and regulations promulgated by the division of housing and community renewal. Such rules and regulations shall include: (i) requirements for work to be done by licensed contractors and a prohibition on common ownership between the landlord and the contractor or vendor; and (ii) a requirement that the owner resolve within the dwelling space all outstanding hazardous or immediately hazardous violations of the uniform fire prevention and building code (Uniform Code), New York city fire code, or New York city building and housing maintenance codes, if applicable. Provided further that an owner who is entitled to a rent increase pursuant to this clause shall not be enti- tled to a further rent increase based upon the installation of similar equipment, or new furniture or furnishings within the useful life of such new equipment, or new furniture or furnishings. Provided further that the recoverable costs incurred by the landlord, pursuant to this subparagraph, shall be limited to an aggregate cost of [fifteen] THIRTY thousand dollars [that may be expended on no more than three separate individual apartment improvements] in a fifteen year period beginning with the first individual apartment improvement on or after June four- teenth, two thousand nineteen. [Provided further that increases to the legal regulated rent pursuant to this paragraph shall be removed from the legal regulated rent thirty years from the date the increase became effective inclusive of any increases granted by the applicable rent guidelines board.] The owner shall give written notice to the commission of any such adjustment pursuant to this clause; or § 8. Paragraph (l) of subdivision 1 of section 8-a of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by section 24 of part Q of chapter 39 of the laws of 2019, is amended to read as follows: (l) establish a form in the top six languages other than English spoken in the state according to the latest available data from the U.S. Bureau of Census for [a temporary] AN individual apartment improvement rent increase for a tenant in occupancy which shall be used by landlords to obtain written informed consent that shall include the estimated total cost of the improvement and the estimated monthly rent increase. SUCH CONSENT SHALL BE EXECUTED IN THE TENANT'S PRIMARY LANGUAGE. Such form shall be completed and preserved in the centralized electronic retention system to be operational by June 14, 2020, PROVIDED FURTHER THAT ANY CHANGES TO THE FORM REQUIRED DUE TO THE INDIVIDUAL APARTMENT IMPROVEMENT BEING PERMANENT SHALL BE COMPLETED AS OF OCTOBER 14, 2024. Nothing herein shall relieve a landlord, lessor, or agent thereof of [his or her] SUCH PERSON'S duty to retain proper documentation of all improvements performed or any rent increases resulting from said improvements. § 9. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the amendments to sections 26-405 and 26-405.1 of the city rent and rehabilitation law made by sections five and six of this act shall remain in full force and effect only as long as the public emergency requiring the regulation and control of residential rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act; and provided, further, that the amendments to sections 26-511 and 26-511.1 of chapter 4 of title 26 of the administrative code of the city of New York made by sections three and four of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law. S. 8306--C 106 A. 8806--C PART GG Section 1. Subdivision 10 of section 292 of the executive law, as added by chapter 340 of the laws of 1955, is amended to read as follows: 10. The term "housing accommodation" includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings. THE TERM "HOUSING ACCOMMODATION" ALSO INCLUDES ANY ACCESSORY DWELLING UNIT, DEFINED AS ANY ATTACHED OR A DETACHED RESIDENTIAL DWELLING UNIT THAT PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING PRIMARY RESIDENCE AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE SINGLE-FAMILY OR MULTI-FAMILY DWELLING. § 2. The real property tax law is amended by adding a new section 421-p to read as follows: § 421-P. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL NEW CONSTRUCTION INVOLVING THE CREATION OF ACCESSORY DWELLING UNITS. 1. RESIDENTIAL BUILDINGS RECONSTRUCTED, ALTERED, IMPROVED, OR NEWLY CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL- ING UNITS ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN- ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY- TWO OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOL- UTION SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED. 2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FIVE YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION FOR SUCH ADDITIONAL RESIDENTIAL UNIT OR UNITS THAT PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING: (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS DURING SUCH ADDITIONAL PERIOD AND SHALL BE DECREASED BY A FURTHER TEN PER CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE FINAL TWO YEARS OF SUCH ADDITIONAL PERIOD. THE EXEMPTION SHALL EXPIRE AT THE END OF THE EXTENDED PERIOD. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM OF THE EXEMPTION, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) IN ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS- ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE IMMEDIATELY PRECEDING ASSESSMENT ROLL), AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL ASSESS- MENT ROLL. THE RESULT SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION S. 8306--C 107 A. 8806--C SHALL THEREUPON BE RECOMPUTED TO TAKE INTO ACCOUNT THE NEW EXEMPTION BASE, NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION IS RECEIVED, THE ASSESSOR SHALL CERTIFY THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS HAVING CUSTODY AND CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE HEREBY DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI- FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF SUCH PROPERTY OWNER BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS. (III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND DOLLARS IN INCREASED MARKET VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE FOR THE EXEMPTION PURSUANT TO THIS SECTION. FOR THE PURPOSES OF THIS SECTION, THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE EQUAL TO THE INCREASED ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION DIVIDED BY THE CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY ESTAB- LISHED STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE IN THE REMAINDER OF THE STATE, EXCEPT WHERE THE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE EQUALS OR EXCEEDS NINETY-FIVE PERCENT, IN WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON- STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION SHALL BE DEEMED TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVE- MENT, OR NEW CONSTRUCTION. (B) NO SUCH EXEMPTION SHALL BE GRANTED FOR RECONSTRUCTION, ALTER- ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS: (I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND (III) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL DWELLING UNITS ON THE SAME PARCEL AS THE PRE-EXISTING RESIDENTIAL BUILDING TO PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS. (C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION, IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS. 3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA- TION SHALL BE FILED WITH THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY. 4. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU- ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL S. 8306--C 108 A. 8806--C WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN. 5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN- TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES. 6. IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES, OR TITLE THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. 7. (A) A COUNTY, CITY, TOWN OR VILLAGE MAY, BY ITS LOCAL LAW, OR SCHOOL DISTRICT, BY ITS RESOLUTION: (I) REDUCE THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO THIS SECTION; AND (II) LIMIT ELIGIBILITY FOR THE EXEMPTION TO THOSE FORMS OF RECON- STRUCTION, ALTERATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION AS ARE PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION. (B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION GRANTED PURSUANT TO THIS SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH SUCH EXEMPTION WAS GRANTED. § 3. This act shall take effect immediately and shall apply to assess- ment rolls based on taxable status dates occurring on or after such effective date. PART HH Section 1. The real property law is amended by adding a new article 6-A to read as follows: ARTICLE 6-A GOOD CAUSE EVICTION LAW SECTION 210. SHORT TITLE. 211. DEFINITIONS. 212. APPLICABILITY IN THE CITY OF NEW YORK. 213. VOLUNTARY PARTICIPATION BY LOCAL GOVERNMENTS OUTSIDE THE CITY OF NEW YORK. 214. COVERED HOUSING ACCOMMODATIONS. 215. NECESSITY FOR GOOD CAUSE. 216. GROUNDS FOR REMOVAL OF TENANTS. 217. PRESERVATION OF EXISTING REQUIREMENTS OF LAW. 218. WAIVER OF RIGHTS VOID. § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "GOOD CAUSE EVICTION LAW". § 211. DEFINITIONS. 1. THE TERM "HOUSING ACCOMMODATION", AS USED IN THIS ARTICLE SHALL MEAN ANY RESIDENTIAL PREMISES, INCLUDING ANY RESIDEN- TIAL PREMISES LOCATED WITHIN A MIXED-USE RESIDENTIAL PREMISES. 2. THE TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN ANY FEE OWNER, LESSOR, SUBLESSOR, ASSIGNOR, COURT APPOINTED RECEIVER, OR ANY OTHER PERSON OR ENTITY RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN AGENT OF ANY OF THE FOREGO- ING. 3. (A) THE TERM "SMALL LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN A LANDLORD OF NO MORE THAN (I) TEN UNITS IN THE STATE, OR (II) SUCH OTHER NUMBER OF UNITS IN THE STATE DESIGNATED BY LOCAL LAW PURSUANT TO PARA- GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE. (B) IF A LANDLORD IS A SINGLE NATURAL PERSON, THEN THAT LANDLORD IS A SMALL LANDLORD IF THEY OWN OR ARE A BENEFICIAL OWNER OF, DIRECTLY OR S. 8306--C 109 A. 8806--C INDIRECTLY, IN WHOLE OR IN PART, NO MORE THAN THE NUMBER OF UNITS ESTAB- LISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; IF THERE IS MORE THAN ONE NATURAL PERSON OWNER, THEN NO ONE PERSON MAY OWN OR BE A BENE- FICIAL OWNER OF, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, MORE THAN THE NUMBER OF UNITS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION. (C) IF A LANDLORD IS AN ENTITY, ORGANIZED UNDER THE LAWS OF THIS STATE OR OF ANY OTHER JURISDICTION, THEN THAT LANDLORD IS A SMALL LANDLORD IF EACH NATURAL PERSON WITH A DIRECT OR INDIRECT OWNERSHIP INTEREST IN THE ENTITY OR ANY AFFILIATED ENTITY OWNS NO MORE THAN THE NUMBER OF UNITS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. IF AN ENTITY CANNOT PROVIDE THE NAMES OF ALL NATURAL PERSONS WITH A DIRECT OR INDI- RECT OWNERSHIP INTEREST IN THE ENTITY, SUCH ENTITY SHALL NOT QUALIFY AS A SMALL LANDLORD. 4. THE TERM "TENANT" AS USED IN THIS ARTICLE SHALL MEAN A TENANT, SUB-TENANT, LESSEE, SUBLESSEE, OR ANY OTHER PERSON ENTITLED TO THE LAWFUL POSSESSION, USE OR OCCUPANCY OF ANY HOUSING ACCOMMODATION. AN INDIVIDUAL SHALL NOT BE CONSIDERED A TENANT FOR THE PURPOSES OF THIS ARTICLE IF: (A) NO LANDLORD-TENANT RELATIONSHIP EXISTS, AS ESTABLISHED PURSUANT TO ANY OF THE GROUNDS SET FORTH IN SECTION SEVEN HUNDRED THIRTEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW; OR (B) THE INDIVIDUAL IS AN OCCUPANT, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-FIVE-F OF THIS CHAPTER, WHO HAS NOT RECEIVED THE LANDLORD'S EXPRESS OR IMPLIED CONSENT TO USE THE HOUSING ACCOMMODATION AS THEIR PRIMARY RESIDENCE IN EXCHANGE FOR PAYMENT OF RENT. 5. THE TERM "RENT" AS USED IN THIS ARTICLE SHALL MEAN ANY CONSIDER- ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM- MODATIONS OR THE EXECUTION OR TRANSFER OF A LEASE FOR SUCH HOUSING ACCOMMODATIONS. THE TERM "RENT" SHALL NOT INCLUDE ANY SEPARATE CHARGES FOR SERVICES, AMENITIES OR FACILITIES WHICH THE TENANT PAYS IN ADDITION TO RENT, INCLUDING BUT NOT LIMITED TO CHARGES FOR FITNESS CENTERS, PARK- ING, STORAGE, OR FACILITY RENTALS, PROVIDED THAT SUCH CHARGES ARE NOT IMPOSED OR INCREASED FOR THE PURPOSES OF CIRCUMVENTING THIS ARTICLE. 6. THE TERM "DISABLED PERSON" AS USED IN THIS ARTICLE SHALL MEAN A PERSON WHO HAS AN IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOG- ICAL OR PSYCHOLOGICAL CONDITIONS, OTHER THAN ADDICTION TO ALCOHOL, GAMBLING, OR ANY CONTROLLED SUBSTANCE, WHICH ARE DEMONSTRABLE BY MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, AND WHICH ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES. 7. THE TERM "INFLATION INDEX" SHALL MEAN FIVE PERCENT PLUS THE ANNUAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATIS- TICS FOR THE REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS ESTABLISHED FOR THE MOST RECENT PRECEDING CALENDAR YEAR AS SHALL BE PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LATER THAN THE FIRST OF AUGUST IN ANY GIVEN YEAR, PROVIDED FURTHER THAT FOR NEW YORK CITY AND ANY VILLAGE, TOWN, OR CITY THAT ADOPTS THE PROVISIONS OF THIS ARTICLE BY LOCAL LAW PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE IN THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM, ROCKLAND, SUFFOLK, AND WESTCHESTER, SUCH CONSUMER PRICE INDEX SHALL BE THE NEW YORK-NEWARK-JERSEY CITY, NY-NJ-PA CONSUMER PRICE INDEX, AND PROVIDED FURTHER THAT FOR ANY OTHER VILLAGE, TOWN, OR CITY S. 8306--C 110 A. 8806--C THAT ADOPTS THE PROVISIONS OF THIS ARTICLE BY LOCAL LAW PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE, SUCH CONSUMER PRICE INDEX SHALL BE THE NORTHEAST REGION CONSUMER PRICE INDEX. 8. THE TERM "LOCAL RENT STANDARD" SHALL MEAN A RENT INCREASE EQUAL TO THE INFLATION INDEX OR TEN PERCENT, WHICHEVER IS LOWER. § 212. APPLICABILITY IN THE CITY OF NEW YORK. UPON THE EFFECTIVE DATE OF THIS SECTION, THIS ARTICLE SHALL APPLY TO THE CITY OF NEW YORK. § 213. VOLUNTARY PARTICIPATION BY LOCAL GOVERNMENTS OUTSIDE THE CITY OF NEW YORK. 1. APPLICABILITY. THIS ARTICLE SHALL APPLY IN ANY VILLAGE, TOWN, OR A CITY, OTHER THAN THE CITY OF NEW YORK, THAT, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, ADOPTS THE PROVISIONS OF THIS ARTICLE BY LOCAL LAW. 2. OPT-IN BY A VILLAGE, TOWN, OR CITY, OTHER THAN THE CITY OF NEW YORK. A VILLAGE, TOWN, OR CITY THAT ADOPTS THE PROVISIONS OF THIS ARTI- CLE BY LOCAL LAW PURSUANT TO SUBDIVISION ONE OF THIS SECTION MAY: (A) PROVIDE THAT ANY UNIT ON OR WITHIN A HOUSING ACCOMMODATION SHALL BE EXEMPT FROM THE PROVISIONS OF THIS ARTICLE IF SUCH UNIT HAS A MONTHLY RENT ABOVE A PERCENT OF FAIR MARKET RENT, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AS SHALL BE PUBLISHED FOR EACH COUNTY IN THE STATE BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE, THAT SHALL BE ESTABLISHED IN THE LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT IF SUCH LOCAL LAW DOES NOT ESTABLISH SUCH PERCENT OF FAIR MARKET RENT, ANY UNIT ON OR WITHIN A HOUSING ACCOMMODATION WITH A MONTHLY RENT GREATER THAN TWO HUNDRED FORTY-FIVE PERCENT OF SUCH FAIR MARKET RENT SHALL BE EXEMPT FROM THE PROVISIONS OF THIS ARTICLE; AND/OR (B) DEFINE "SMALL LANDLORD" AS A LANDLORD OF NO MORE THAN ANY NUMBER OF UNITS IN THE STATE THAT THE VILLAGE, TOWN, OR CITY ENACTS BY LOCAL LAW, PROVIDED THAT IF SUCH LOCAL LAW DOES NOT DEFINE "SMALL LANDLORD," A "SMALL LANDLORD" SHALL MEAN A LANDLORD OF NO MORE THAN TEN UNITS IN THE STATE. 3. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IF A TOWN AND A VILLAGE WITHIN SUCH TOWN BOTH ADOPT THE PROVISIONS OF THIS ARTICLE BY LOCAL LAW PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE LOCAL LAW ADOPTED BY SUCH TOWN SHALL NOT APPLY WITHIN THE TERRITORIAL LIMITS OF A VILLAGE WITHIN SUCH TOWN. 4. NOTHING IN THIS SECTION SHALL PERMIT A VILLAGE, TOWN, OR CITY TO WHICH THIS ARTICLE APPLIES TO PREEMPT OR ALTER THE TERMS AND PROVISIONS OF THIS ARTICLE WITHIN SUCH VILLAGE, TOWN OR CITY. 5. WITHIN THIRTY DAYS OF RECEIPT OF A LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND FILED WITH THE DEPARTMENT OF STATE PURSUANT TO SECTION TWENTY-SEVEN OF THE MUNICIPAL HOME RULE LAW, THE DEPARTMENT OF STATE SHALL NOTIFY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OF SUCH ADOPTION. 6. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL INCLUDE IN THE ANNUAL PUBLICATION REQUIRED PURSUANT TO SUBDIVISION SEVEN OF SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE A LIST INCLUDING ANY VILLAGE, TOWN, OR CITY, OTHER THAN THE CITY OF NEW YORK, AS TO WHICH THE DIVISION OF HOUS- ING AND COMMUNITY RENEWAL HAS RECEIVED THE NOTICE FROM THE DEPARTMENT OF STATE REQUIRED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION INDICATING THAT SUCH VILLAGE, TOWN, OR CITY HAS ADOPTED A LOCAL LAW PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO APPLY THE PROVISIONS OF THIS ARTICLE WITHIN SUCH VILLAGE, TOWN, OR CITY. SUCH LIST SHALL INCLUDE THE NAME OF EACH VILLAGE, TOWN, OR CITY THAT HAS ADOPTED SUCH A LOCAL LAW, THE APPLICABLE FAIR MARKET RENT THRESHOLD WITHIN SUCH VILLAGE, TOWN, OR CITY S. 8306--C 111 A. 8806--C FOR EXEMPTION FROM THE PROVISIONS OF THIS ARTICLE ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND THE APPLICABLE DEFINITION OF SMALL LANDLORD WITHIN SUCH VILLAGE, TOWN, OR CITY ESTAB- LISHED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. § 214. COVERED HOUSING ACCOMMODATIONS. WHERE THIS ARTICLE APPLIES, IT SHALL APPLY TO ALL HOUSING ACCOMMODATIONS EXCEPT A: 1. PREMISES OWNED BY A SMALL LANDLORD PROVIDED THAT IN CONNECTION WITH ANY EVICTION PROCEEDING IN WHICH THE LANDLORD CLAIMS AN EXEMPTION FROM THE PROVISIONS OF THIS ARTICLE ON THE BASIS OF BEING A SMALL LANDLORD, SUCH LANDLORD SHALL PROVIDE TO THE TENANT OR TENANTS SUBJECT TO THE PROCEEDING THE NAME OF EACH NATURAL PERSON WHO OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, THE HOUSING ACCOMMODATION AT ISSUE IN THE PROCEEDING, THE NUMBER OF UNITS OWNED, JOINTLY OR SEPARATELY, BY EACH SUCH NATURAL PERSON OWNER, AND THE ADDRESSES OF ANY SUCH UNITS, EXCLUDING EACH NATURAL PERSON OWNER'S PRIN- CIPAL RESIDENCE; PROVIDED FURTHER THAT IF THE LANDLORD IS AN ENTITY, ORGANIZED UNDER THE LAWS OF THIS STATE OR OF ANY OTHER JURISDICTION, THEN SUCH LANDLORD SHALL PROVIDE TO THE TENANT OR TENANTS SUBJECT TO THE PROCEEDING THE NAME OF EACH NATURAL PERSON WITH A DIRECT OR INDIRECT OWNERSHIP INTEREST IN SUCH ENTITY OR ANY AFFILIATED ENTITY, THE NUMBER OF UNITS OWNED, JOINTLY OR SEPARATELY, BY EACH SUCH NATURAL PERSON OWNER, AND THE ADDRESSES OF ANY SUCH UNITS, EXCLUDING EACH NATURAL PERSON OWNER'S PRINCIPAL RESIDENCE; 2. OWNER-OCCUPIED HOUSING ACCOMMODATION WITH NO MORE THEN TEN UNITS; 3. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE SUCH UNIT IS SUBLET PURSUANT TO SECTION TWO HUNDRED TWENTY-SIX-B OF THIS CHAPTER, OR OTHER- WISE, WHERE THE SUBLESSOR SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF SUCH HOUSING ACCOMMODATION FOR THEIR OWN PERSONAL USE AND OCCUPANCY; 4. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY INCIDENT TO EMPLOYMENT AND SUCH EMPLOY- MENT IS BEING OR HAS BEEN LAWFULLY TERMINATED; 5. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE SUCH UNIT IS OTHER- WISE SUBJECT TO REGULATION OF RENTS OR EVICTIONS PURSUANT TO LOCAL, STATE OR FEDERAL LAW, RULE, OR REGULATION; 6. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE SUCH UNIT MUST BE AFFORDABLE TO TENANTS AT A SPECIFIC INCOME LEVEL PURSUANT TO STATUTE, REGULATION, RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULATORY AGREE- MENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY; 7. UNIT ON OR WITHIN A HOUSING ACCOMMODATION OWNED AS A CONDOMINIUM OR COOPERATIVE, OR A UNIT ON OR WITHIN A HOUSING ACCOMMODATION SUBJECT TO AN OFFERING PLAN SUBMITTED TO THE OFFICE OF THE ATTORNEY GENERAL, PROVIDED THAT NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT ANY RIGHTS OR OBLIGATIONS A TENANT RESIDING IN A UNIT WITHIN A CONDOMINIUM OR COOPERATIVE OR A PURCHASER, OWNER, OR OFFEROR OF A CONDOMINIUM OR COOPERATIVE UNIT HAS PURSUANT TO ANY OTHER STATE LAW; 8. HOUSING ACCOMMODATION FOR WHICH A TEMPORARY OR PERMANENT CERTIF- ICATE OF OCCUPANCY WAS ISSUED ON OR AFTER THE FIRST OF JANUARY, TWO THOUSAND NINE, FOR A PERIOD OF TIME OF THIRTY YEARS FOLLOWING ISSUANCE OF SUCH CERTIFICATE; 9. UNIT ON OR WITHIN A HOUSING ACCOMMODATION THAT QUALIFIES AS A SEASONAL USE DWELLING UNIT PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF SECTION 7-108 OF THE GENERAL OBLIGATIONS LAW; 10. HOUSING ACCOMMODATION IN A HOSPITAL AS DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, CONTINUING CARE RETIREMENT COMMUNITY LICENSED PURSUANT TO ARTICLE FORTY-SIX OR FORTY-SIX-A OF THE PUBLIC HEALTH LAW, ASSISTED LIVING RESIDENCE LICENSED S. 8306--C 112 A. 8806--C PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, ADULT CARE FACILITY LICENSED PURSUANT TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, SENIOR RESIDENTIAL COMMUNITY THAT HAVE SUBMITTED AN OFFERING PLAN TO THE ATTORNEY GENERAL, AND NOT-FOR-PROFIT INDEPENDENT RETIREMENT COMMUNITY THAT OFFER PERSONAL EMERGENCY RESPONSE, HOUSEKEEPING, TRANSPORTATION AND MEALS TO THEIR RESIDENTS; 11. MANUFACTURED HOME LOCATED ON OR IN A MANUFACTURED HOME PARK AS DEFINED IN SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW; 12. HOTEL ROOM OR OTHER TRANSIENT USE COVERED BY THE DEFINITION OF A CLASS B MULTIPLE DWELLING UNDER SUBDIVISION NINE OF SECTION FOUR OF THE MULTIPLE DWELLING LAW, REGARDLESS OF WHETHER SUCH USE IS LOCATED IN A JURISDICTION IN WHICH THE MULTIPLE DWELLING LAW APPLIES; 13. DORMITORY OWNED AND OPERATED BY AN INSTITUTION OF HIGHER EDUCATION OR A KINDERGARTEN AND GRADES 1 TO 12, INCLUSIVE, SCHOOL; 14. HOUSING ACCOMMODATION WITHIN AND FOR USE BY A RELIGIOUS FACILITY OR INSTITUTION; AND 15. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE THE MONTHLY RENT IS GREATER THAN THE PERCENT OF FAIR MARKET RENT ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE IN A LOCAL LAW OF A VILLAGE, TOWN, OR CITY, OTHER THAN THE CITY OF NEW YORK, ADOPTING THE PROVISIONS OF THIS ARTICLE PURSUANT TO SUBDI- VISION ONE OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE, OR TWO HUNDRED FORTY-FIVE PERCENT OF THE FAIR MARKET RENT, PROVIDED THAT FAIR MARKET RENT SHALL REFER TO THE FIGURE PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS SHALL BE PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LATER THAN THE FIRST OF AUGUST IN ANY GIVEN YEAR. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PUBLISH THE FAIR MARKET RENT AND TWO HUNDRED FORTY-FIVE PERCENT OF THE FAIR MARKET RENT FOR EACH UNIT TYPE FOR WHICH SUCH FAIR MARKET RENT IS PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT FOR EACH COUNTY IN NEW YORK STATE IN THE ANNUAL PUBLICATION REQUIRED PURSUANT TO SUBDIVISION SEVEN OF SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE. § 215. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT OR TO RECOVER POSSESSION, BY EXCLUSION FROM POSSESSION, BY FAILURE TO RENEW ANY LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM HOUSING ACCOMMO- DATIONS COVERED BY SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE EXCEPT FOR GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED SIXTEEN OF THIS ARTI- CLE. § 216. GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL REMOVE A TENANT FROM ANY HOUSING ACCOMMODATION COVERED BY SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE, OR ATTEMPT SUCH REMOVAL OR EXCLUSION FROM POSSESSION, NOTWITHSTANDING THAT THE TENANT HAS NO WRITTEN LEASE OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHERWISE TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT JURISDICTION ENTERED IN AN APPROPRIATE JUDICIAL ACTION OR PROCEEDING IN WHICH THE PETITIONER OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS AS GOOD CAUSE FOR REMOVAL OR EVICTION: (A) (I) THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM A RENT INCREASE WHICH IS UNREASONABLE. IN DETERMINING WHETHER ALL OR PART OF THE RENT DUE AND OWING IS THE RESULT OF AN UNREASONABLE RENT INCREASE, IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE RENT FOR A DWELLING NOT PROTECTED BY RENT REGULATION IS UNREASONABLE IF SAID RENT HAS BEEN INCREASED IN ANY CALENDAR YEAR, AFTER THE EFFECTIVE DATE OF S. 8306--C 113 A. 8806--C THIS ARTICLE, OR AFTER THE EFFECTIVE DATE OF THE LOCAL LAW IN ANY VILLAGE, TOWN, OR CITY THAT ENACTS SUCH LOCAL LAW TO APPLY THIS ARTICLE TO SUCH VILLAGE, TOWN, OR CITY PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE, BY AN AMOUNT GREATER THAN THE LOCAL RENT STANDARD, PROVIDED FURTHER THAT NO RENT INCREASE LESS THAN OR EQUAL TO THE LOCAL RENT STANDARD SHALL BE DEEMED UNREASONABLE. (II) WHENEVER A COURT CONSIDERS WHETHER A RENT INCREASE IS UNREASON- ABLE, THE COURT MAY CONSIDER ALL RELEVANT FACTS, INCLUDING BUT NOT LIMITED TO A LANDLORD'S COSTS FOR FUEL AND OTHER UTILITIES, INSURANCE, AND MAINTENANCE; BUT IN ALL CASES, THE COURT SHALL CONSIDER THE LAND- LORD'S PROPERTY TAX EXPENSES AND ANY RECENT INCREASES THERETO; SUCH RELEVANT FACTS ALSO SHALL INCLUDE WHETHER THE LANDLORD, OTHER THAN IN CIRCUMSTANCES GOVERNED BY PARAGRAPH (D) OF THIS SUBDIVISION, SEEKS IN GOOD FAITH TO RAISE THE RENT UPON A RENEWAL LEASE TO REFLECT COMPLETED SIGNIFICANT REPAIRS TO THE HOUSING ACCOMMODATION, OR TO ANY OTHER PART OF THE BUILDING OR REAL PROPERTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, PROVIDED THAT THE LANDLORD CAN ESTABLISH THAT THE REPAIRS CONSTITUTED SIGNIFICANT REPAIRS AND THAT SUCH REPAIRS DID NOT RESULT FROM THE LANDLORD'S FAILURE TO PROPERLY MAINTAIN THE BUILDING OR HOUSING ACCOMMODATION, AND PROVIDED FURTHER THAT FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SIGNIFICANTLY REPAIR" MEANS THE REPLACEMENT OR SUBSTAN- TIAL MODIFICATION OF ANY STRUCTURAL, ELECTRICAL, PLUMBING, OR MECHANICAL SYSTEM THAT REQUIRES A PERMIT FROM A GOVERNMENTAL AGENCY, OR ABATEMENT OF HAZARDOUS MATERIALS, INCLUDING LEAD-BASED PAINT, MOLD, OR ASBESTOS IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, AND PROVIDED FURTHER COSMETIC IMPROVEMENTS ALONE, INCLUDING PAINTING, DECORATING, AND MINOR REPAIRS, DO NOT QUALIFY AS SIGNIFICANT REPAIRS; (B) THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION OF THEIR TENANCY OR BREACHING ANY OF THE LANDLORD'S RULES AND REGULATIONS GOVERNING SAID PREMISES, OTHER THAN THE OBLIGATION TO SURRENDER POSSESSION, AND HAS FAILED TO CURE SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV- ER, THAT THE OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE AND PROVIDED SUCH RULES OR REGULATIONS ARE REASONABLE AND HAVE BEEN ACCEPTED IN WRITING BY THE TENANT OR MADE A PART OF THE LEASE AT THE BEGINNING OF THE LEASE TERM; (C) THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN SUCH HOUSING ACCOMMODATION, OR ELSEWHERE IN THE BUILDING OR ON THE REAL PROPERTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, OR IS MALICIOUSLY OR BY REASON OF GROSS NEGLIGENCE SUBSTANTIALLY DAMAGING THE HOUSING ACCOMMO- DATION, OR CAUSING SUBSTANTIAL DAMAGE ELSEWHERE IN THE BUILDING OR ON THE REAL PROPERTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED; OR THE TENANT'S CONDUCT IS SUCH AS TO INTERFERE WITH THE COMFORT AND SAFETY OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE SAME OR ANOTHER ADJA- CENT BUILDING OR STRUCTURE; (D) OCCUPANCY OF THE HOUSING ACCOMMODATION BY THE TENANT IS IN VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO CIVIL OR CRIMINAL PENALTIES THEREFOR; PROVIDED HOWEVER THAT AN AGENCY OF THE STATE OR MUNICIPALITY HAVING JURISDICTION HAS ISSUED AN ORDER REQUIRING THE TENANT TO VACATE THE HOUSING ACCOMMODATION. NO TENANT SHALL BE REMOVED FROM POSSESSION OF A HOUSING ACCOMMODATION ON SUCH GROUND UNLESS THE COURT FINDS THAT THE CURE OF THE VIOLATION OF LAW REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH NEGLECT OR DELIBERATE ACTION OR FAILURE TO ACT CREATE THE CONDITION NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT S. 8306--C 114 A. 8806--C UNDERTAKE TO CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY OR SECURE PAYMENT IN A MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST RENT TO WHICH THE LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT IS ABSOLUTELY ESSENTIAL TO SUCH TENANT'S HEALTH AND SAFETY, THE REMOVAL OF THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER RIGHT OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE BEEN REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A TENANT TO BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD OR TO OTHERWISE COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL HOUSING CODES; (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION, OR ELSEWHERE IN THE BUILDING OR ON THE REAL PROPERTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, TO BE USED FOR AN ILLEGAL PURPOSE; (F) THE TENANT HAS UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE HOUSING ACCOMMODATION FOR THE PURPOSE OF MAKING NECESSARY REPAIRS OR IMPROVEMENTS REQUIRED BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING ACCOMMODATION TO A PROSPECTIVE PURCHASER, MORTGAGEE OR OTHER PERSON HAVING A LEGITIMATE INTEREST THEREIN; (G) THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS- ING ACCOMMODATION FOR THE LANDLORD'S OWN PERSONAL USE AND OCCUPANCY AS THE LANDLORD'S PRINCIPAL RESIDENCE, OR THE PERSONAL USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF THE LANDLORD'S SPOUSE, DOMESTIC PARTNER, CHILD, STEPCHILD, PARENT, STEP-PARENT, SIBLING, GRANDPARENT, GRANDCHILD, PARENT-IN-LAW OR SIBLING-IN-LAW, WHEN NO OTHER SUITABLE HOUSING ACCOMMO- DATION IN SUCH BUILDING IS AVAILABLE, PROVIDED THAT NO JUDGMENT IN FAVOR OF THE LANDLORD MAY BE GRANTED PURSUANT TO THIS PARAGRAPH UNLESS THE LANDLORD ESTABLISHES GOOD FAITH TO RECOVER POSSESSION OF A HOUSING ACCOMMODATION FOR THE LANDLORD'S OWN PERSONAL USE AND OCCUPANCY AS THE LANDLORD'S PRINCIPAL RESIDENCE, OR THE PERSONAL USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE OF THE LANDLORD'S SPOUSE, DOMESTIC PARTNER, CHILD, STEPCHILD, PARENT, STEP-PARENT, SIBLING, GRANDPARENT, GRANDCHILD, PARENT-IN-LAW OR SIBLING-IN-LAW, BY CLEAR AND CONVINCING EVIDENCE. THIS PARAGRAPH SHALL NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON; (H) THE LANDLORD IN GOOD FAITH SEEKS TO DEMOLISH THE HOUSING ACCOMMO- DATION, PROVIDED THAT NO JUDGMENT IN FAVOR OF THE LANDLORD MAY BE GRANT- ED PURSUANT TO THIS PARAGRAPH UNLESS THE LANDLORD ESTABLISHES GOOD FAITH TO DEMOLISH THE HOUSING ACCOMMODATION BY CLEAR AND CONVINCING EVIDENCE; (I) THE LANDLORD SEEKS IN GOOD FAITH TO WITHDRAW A HOUSING ACCOMMO- DATION FROM THE HOUSING RENTAL MARKET, PROVIDED THAT NO JUDGMENT IN FAVOR OF THE LANDLORD MAY BE GRANTED PURSUANT TO THIS PARAGRAPH UNLESS THE LANDLORD ESTABLISHES GOOD FAITH TO WITHDRAW THE HOUSING ACCOMMO- DATION FROM THE HOUSING RENTAL MARKET BY CLEAR AND CONVINCING EVIDENCE; OR (J) THE TENANT FAILS TO AGREE TO REASONABLE CHANGES TO A LEASE AT RENEWAL, INCLUDING INCREASES IN RENT THAT ARE NOT UNREASONABLE AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS LONG AS WRITTEN NOTICE OF THE CHANGES TO THE LEASE WERE PROVIDED TO THE TENANT AT LEAST THIRTY DAYS, BUT NO MORE THAN NINETY DAYS, PRIOR TO THE EXPIRATION OF THE CURRENT LEASE. 2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF THE OPERATION OF PARAGRAPH (G), (H), OR (I) OF SUBDIVISION ONE OF THIS S. 8306--C 115 A. 8806--C SECTION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC- TION FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF AGAINST A LANDLORD OR PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT REGARDING A PROPOSED USE, REMOVAL FROM THE RENTAL HOUSING MARKET, OR DEMOLITION OF THE HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SUBDIVISION A PREVAILING TENANT SHALL BE ENTITLED TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES. EXCEPT AS PROVIDED IN THIS SUBDIVISION, NOTHING IN THIS ARTICLE SHALL CREATE A CIVIL CLAIM OR CAUSE OF ACTION BY A TENANT AGAINST A LANDLORD. 3. NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION OF A WARRANT OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE UNDERLY- ING BASIS OF WHICH IS THE NONPAYMENT OF RENT, SO LONG AS THE TENANT COMPLIES WITH THE PROCEDURAL REQUIREMENTS OF SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW WHERE APPLI- CABLE. § 217. PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS- ING ACCOMMODATIONS PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF THIS ARTI- CLE, UNLESS THE LANDLORD HAS COMPLIED WITH ANY AND ALL APPLICABLE LAWS GOVERNING SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH ANY AND ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMITA- TION THE MANNER AND THE TIME OF SERVICE OF SUCH NOTICE AND THE CONTENTS OF SUCH NOTICE. § 218. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE OR HEREINAFTER ENTERED INTO IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT WAIVING OR MODIFYING THEIR RIGHTS AS SET FORTH IN THIS ARTICLE SHALL BE VOID AS CONTRARY TO PUBLIC POLICY. § 2. Paragraph (a) of subdivision 1 of section 226-c of the real prop- erty law, as amended by chapter 789 of the laws of 2021, is amended to read as follows: (a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section. THE NOTICE SHALL APPEND OR CONTAIN THE NOTICE REQUIRED PURSUANT TO SECTION TWO HUNDRED THIRTY-ONE-C OF THIS ARTICLE, WHICH SHALL STATE THE FOLLOWING: (I) IF THE UNIT IS OR IS NOT SUBJECT TO ARTICLE SIX-A OF THIS CHAPTER, THE "GOOD CAUSE EVICTION LAW", AND IF THE UNIT IS EXEMPT, SUCH NOTICE SHALL STATE WHY THE UNIT IS EXEMPT FROM SUCH LAW; (II) IF THE LANDLORD IS NOT RENEWING THE LEASE FOR A UNIT SUBJECT TO ARTICLE SIX-A OF THIS CHAPTER, THE LAWFUL BASIS FOR SUCH NON-RENEWAL; AND (III) IF THE LANDLORD IS INCREASING THE RENT UPON AN EXISTING LEASE OF A UNIT SUBJECT TO ARTICLE SIX-A OF THIS CHAPTER ABOVE THE APPLICABLE LOCAL RENT STANDARD, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THIS CHAP- TER, THE JUSTIFICATION FOR SUCH INCREASE. If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the land- lord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary. § 3. The real property law is amended by adding a new section 231-c to read as follows: S. 8306--C 116 A. 8806--C § 231-C. GOOD CAUSE EVICTION LAW NOTICE. 1. A LANDLORD AS DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED ELEVEN OF THIS CHAPTER SHALL APPEND TO OR INCORPORATE INTO ANY INITIAL LEASE, RENEWAL LEASE, NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-SIX-C OF THIS ARTICLE, NOTICE REQUIRED PURSUANT TO SUBDI- VISION TWO OF SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, OR PETITION PURSUANT TO SECTION SEVEN HUNDRED FORTY ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, THE FOLLOWING NOTICE: NOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK STATE GOOD CAUSE EVICTION LAW THIS NOTICE FROM YOUR LANDLORD SERVES TO INFORM YOU OF WHETHER OR NOT YOUR UNIT/APARTMENT/HOME IS COVERED BY THE NEW YORK STATE GOOD CAUSE EVICTION LAW (ARTICLE 6-A OF THE REAL PROPERTY LAW) AND, IF APPLICABLE, THE REASON PERMITTED UNDER THE NEW YORK STATE GOOD CAUSE EVICTION LAW THAT YOUR LANDLORD IS NOT RENEWING YOUR LEASE. EVEN IF YOUR APARTMENT IS NOT PROTECTED BY ARTICLE 6-A, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, YOU MAY HAVE OTHER RIGHTS UNDER OTHER LOCAL, STATE, OR FEDERAL LAWS AND REGULATIONS CONCERNING RENTS AND EVICTIONS. THIS NOTICE, WHICH YOUR LANDLORD IS REQUIRED TO FILL OUT AND GIVE TO YOU, DOES NOT CONSTITUTE LEGAL ADVICE. YOU MAY WISH TO CONSULT A LAWYER IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS UNDER THE NEW YORK STATE GOOD CAUSE EVICTION LAW OR ABOUT THIS NOTICE. NOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD) UNIT INFORMATION STREET: _______________________________________________________________________ UNIT OR APARTMENT NUMBER: _______________________________________________________________________ CITY/TOWN/VILLAGE: _______________________________________________________________________ STATE: _______________________________________________________________________ ZIP CODE: _______________________________________________________________________ 1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE ANSWER) YES ___ NO ___ 2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT FROM THAT LAW? (PLEASE MARK ALL APPLICABLE EXEMPTIONS) A. VILLAGE/TOWN/CITY OUTSIDE OF NEW YORK CITY HAS NOT ADOPTED GOOD CAUSE EVICTION UNDER SECTION 213 OF THE REAL PROPERTY LAW ___; B. UNIT IS OWNED BY A "SMALL LANDLORD," AS DEFINED IN SUBDIVISION 3 OF SECTION 211 OF THE REAL PROPERTY LAW, WHO OWNS NO MORE THAN 10 UNITS FOR SMALL LANDLORDS LOCATED IN NEW YORK CITY OR THE NUMBER OF UNITS ESTAB- LISHED AS THE MAXIMUM AMOUNT A "SMALL LANDLORD" CAN OWN IN THE STATE BY A LOCAL LAW OF A VILLAGE, TOWN, OR CITY, OTHER THAN NEW YORK CITY, ADOPTING THE PROVISIONS OF ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, OR NO MORE THAN 10 UNITS, AS APPLICABLE. IN CONNECTION WITH ANY EVICTION PROCEEDING IN WHICH THE LANDLORD CLAIMS AN EXEMPTION FROM THE PROVISIONS OF ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, ON THE BASIS OF BEING A SMALL LANDLORD, THE LANDLORD SHALL PROVIDE TO S. 8306--C 117 A. 8806--C THE TENANT OR TENANTS SUBJECT TO THE PROCEEDING THE NAME OF EACH NATURAL PERSON WHO OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, THE HOUSING ACCOMMODATION AT ISSUE IN THE PROCEEDING, THE NUMBER OF UNITS OWNED, JOINTLY OR SEPARATELY, BY EACH SUCH NATURAL PERSON OWNER, AND THE ADDRESSES OF ANY SUCH UNITS, EXCLUDING EACH NATURAL PERSON OWNER'S PRINCIPAL RESIDENCE. IF THE LANDLORD IS AN ENTI- TY, ORGANIZED UNDER THE LAWS OF THIS STATE OR OF ANY OTHER JURISDICTION, THEN SUCH LANDLORD SHALL PROVIDE TO THE TENANT OR TENANTS SUBJECT TO THE PROCEEDING THE NAME OF EACH NATURAL PERSON WITH A DIRECT OR INDIRECT OWNERSHIP INTEREST IN SUCH ENTITY OR ANY AFFILIATED ENTITY, THE NUMBER OF UNITS OWNED, JOINTLY OR SEPARATELY, BY EACH SUCH NATURAL PERSON OWNER, AND THE ADDRESSES OF ANY SUCH UNITS, EXCLUDING EACH NATURAL PERSON OWNER'S PRINCIPAL RESIDENCE (EXEMPTION UNDER SUBDIVISION 1 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; C. UNIT IS LOCATED IN AN OWNER-OCCUPIED HOUSING ACCOMMODATION WITH NO MORE THAN 10 UNITS (EXEMPTION UNDER SUBDIVISION 2 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; D. UNIT IS SUBJECT TO REGULATION OF RENTS OR EVICTIONS PURSUANT TO LOCAL, STATE, OR FEDERAL LAW (EXEMPTION UNDER SUBDIVISION 5 OF SECTION 214 OF THE REAL PROPERTY LAW)___; E. UNIT MUST BE AFFORDABLE TO TENANTS AT A SPECIFIC INCOME LEVEL PURSU- ANT TO STATUTE, REGULATION, RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY (EXEMPTION UNDER SUBDIVISION 6 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; F. UNIT IS ON OR WITHIN A HOUSING ACCOMMODATION OWNED AS A CONDOMINIUM OR COOPERATIVE, OR UNIT IS ON OR WITHIN A HOUSING ACCOMMODATION SUBJECT TO AN OFFERING PLAN SUBMITTED TO THE OFFICE OF THE ATTORNEY GENERAL (EXEMPTION UNDER SUBDIVISION 7 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; G. UNIT IS IN A HOUSING ACCOMMODATION THAT WAS ISSUED A TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY WITHIN THE PAST 30 YEARS (ONLY IF BUILDING RECEIVED THE CERTIFICATE ON OR AFTER JANUARY 1ST, 2009) (EXEMPTION UNDER SUBDIVISION 8 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; H. UNIT IS A SEASONAL USE DWELLING UNIT UNDER SUBDIVISIONS 4 AND 5 OF SECTION 7-108 OF THE GENERAL OBLIGATIONS LAW (EXEMPTION UNDER SUBDIVI- SION 9 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; I. UNIT IS IN A HOSPITAL AS DEFINED IN SUBDIVISION 1 OF SECTION 2801 OF THE PUBLIC HEALTH LAW, CONTINUING CARE RETIREMENT COMMUNITY LICENSED PURSUANT TO ARTICLE 46 OR 46-A OF THE PUBLIC HEALTH LAW, ASSISTED LIVING RESIDENCE LICENSED PURSUANT TO ARTICLE 46-B OF THE PUBLIC HEALTH LAW, ADULT CARE FACILITY LICENSED PURSUANT TO ARTICLE 7 OF THE SOCIAL SERVICES LAW, SENIOR RESIDENTIAL COMMUNITY THAT HAS SUBMITTED AN OFFER- ING PLAN TO THE ATTORNEY GENERAL, OR NOT-FOR-PROFIT INDEPENDENT RETIRE- MENT COMMUNITY THAT OFFERS PERSONAL EMERGENCY RESPONSE, HOUSEKEEPING, TRANSPORTATION AND MEALS TO THEIR RESIDENTS (EXEMPTION UNDER SUBDIVISION 10 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; J. UNIT IS A MANUFACTURED HOME LOCATED ON OR IN A MANUFACTURED HOME PARK AS DEFINED IN SECTION 233 OF THE REAL PROPERTY LAW (EXEMPTION UNDER SUBDIVISION 11 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; K. UNIT IS A HOTEL ROOM OR OTHER TRANSIENT USE COVERED BY THE DEFINITION OF A CLASS B MULTIPLE DWELLING UNDER SUBDIVISION 9 OF SECTION 4 OF THE MULTIPLE DWELLING LAW (EXEMPTION UNDER SUBDIVISION 12 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; S. 8306--C 118 A. 8806--C L. UNIT IS A DORMITORY OWNED AND OPERATED BY AN INSTITUTION OF HIGHER EDUCATION OR A SCHOOL (EXEMPTION UNDER SUBDIVISION 13 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; M. UNIT IS WITHIN AND FOR USE BY A RELIGIOUS FACILITY OR INSTITUTION (EXEMPTION UNDER SUBDIVISION 14 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; N. UNIT HAS A MONTHLY RENT THAT IS GREATER THAN THE PERCENT OF FAIR MARKET RENT ESTABLISHED IN A LOCAL LAW OF A VILLAGE, TOWN, OR CITY, OTHER THAN NEW YORK CITY, ADOPTING THE PROVISIONS OF ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK GOOD CAUSE EVICTION LAW, OR 245 PERCENT OF THE FAIR MARKET RENT, AS APPLICABLE. FAIR MARKET RENT REFERS TO THE FIGURE PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS SHALL BE PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LATER THAN AUGUST 1ST IN ANY GIVEN YEAR. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PUBLISH THE FAIR MARKET RENT AND 245 PERCENT OF THE FAIR MARKET RENT FOR EACH UNIT TYPE FOR WHICH SUCH FAIR MARKET RENT IS PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR EACH COUNTY IN NEW YORK STATE IN THE ANNUAL PUBLI- CATION REQUIRED PURSUANT TO SUBDIVISION 7 OF SECTION 211 OF THE REAL PROPERTY LAW (EXEMPTION UNDER SUBDIVISION 15 OF SECTION 214 OF THE REAL PROPERTY LAW) ___; 3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A RENT INCREASE IS PRESUMP- TIVELY UNREASONABLE IF THE INCREASE FROM THE PRIOR RENT IS GREATER THAN THE LOWER OF: (A) 5 PERCENT PLUS THE ANNUAL PERCENTAGE CHANGE 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 HOUSING ACCOMMODATION IS LOCATED, AS PUBLISHED NOT LATER THAN AUGUST 1ST OF EACH YEAR BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; OR (B) 10 PERCENT.) (PLEASE MARK AND FILL OUT THE APPLICABLE RESPONSE) A. THE RENT IS NOT BEING INCREASED ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES DESCRIBED ABOVE: ___; B. THE RENT IS BEING INCREASED ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES DESCRIBED ABOVE: ___; B-1: IF THE RENT IS BEING INCREASED ABOVE THE THRESHOLD FOR PRESUMPTIVE- LY UNREASONABLE RENT INCREASES DESCRIBED ABOVE, WHAT IS THE JUSTIFICA- TION FOR THE INCREASE: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE SERVES TO INFORM A TENANT THAT THE LANDLORD IS NOT RENEWING A LEASE, WHAT IS THE GOOD CAUSE FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL APPLICABLE REASONS) A. THIS UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, FOR THE REASONS STATED IN RESPONSE TO QUESTION 2, ABOVE (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___; S. 8306--C 119 A. 8806--C B. THE TENANT IS RECEIVING THIS NOTICE IN CONNECTION WITH A FIRST LEASE OR A RENEWAL LEASE, SO THE LANDLORD DOES NOT NEED TO CHECK ANY OF THE LAWFUL REASONS LISTED BELOW FOR NOT RENEWING A LEASE UNDER ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUES- TION SHOULD BE CHECKED) ___; C. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE UNIT IS SUBLET AND THE SUBLESSOR SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF THE UNIT FOR THEIR OWN PERSONAL USE AND OCCUPANCY (EXEMPTION UNDER SUBDIVISION 3 OF SECTION 214 OF THE REAL PROPERTY LAW): ___; D. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE POSSESSION, USE OR OCCUPANCY OF THE UNIT IS SOLELY INCIDENT TO EMPLOYMENT AND THE EMPLOY- MENT IS BEING OR HAS BEEN LAWFULLY TERMINATED (EXEMPTION UNDER SUBDIVI- SION 4 OF SECTION 214 OF THE REAL PROPERTY LAW): ___; E. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, AND THE RENT DUE OR OWING, OR ANY PART THERE- OF, DID NOT RESULT FROM A RENT INCREASE WHICH IS UNREASONABLE. A RENT INCREASE IS PRESUMPTIVELY UNREASONABLE IF THE INCREASE FROM THE PRIOR RENT IS GREATER THAN THE LOWER OF: (A) 5 PERCENT PLUS THE ANNUAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATIS- TICS FOR THE REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS PUBLISHED NOT LATER THAN AUGUST 1ST OF EACH YEAR BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; OR (B) 10 PERCENT (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH A OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; F. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT IS VIOLAT- ING A SUBSTANTIAL OBLIGATION OF THEIR TENANCY OR BREACHING ANY OF THE LANDLORD'S RULES AND REGULATIONS GOVERNING THE PREMISES, OTHER THAN THE OBLIGATION TO SURRENDER POSSESSION OF THE PREMISES, AND THE TENANT HAS FAILED TO CURE THE VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION MUST CEASE WITHIN 10 DAYS OF RECEIPT OF THE WRITTEN NOTICE. FOR THIS GOOD CAUSE TO APPLY, THE OBLIGATION THE TENANT VIOLATED CANNOT BE AN OBLIGATION THAT WAS IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW. THE LANDLORD'S RULES OR REGULATIONS THAT THE TENANT HAS VIOLATED ALSO MUST BE REASONABLE AND HAVE BEEN ACCEPTED IN WRITING BY THE TENANT OR MADE A PART OF THE LEASE AT THE BEGINNING OF THE LEASE TERM (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH B OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; G. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT IS EITHER (A) COMMITTING OR PERMITTING A NUISANCE ON THE UNIT OR THE PREMISES; (B) MALICIOUSLY OR GROSSLY NEGLIGENTLY CAUSING SUBSTANTIAL DAMAGE TO THE UNIT OR THE PREMISES; (C) INTERFERING WITH THE LANDLORD'S, ANOTHER TENANT'S, OR OCCUPANTS OF THE SAME OR AN ADJACENT BUILDING OR STRUC- TURE'S COMFORT AND SAFETY (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH C OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; H. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT'S OCCUPANCY OF THE UNIT VIOLATES LAW AND THE LANDLORD IS SUBJECT TO CIVIL OR CRIMI- NAL PENALTIES FOR CONTINUING TO LET THE TENANT OCCUPY THE UNIT. FOR THIS GOOD CAUSE TO APPLY, A STATE OR MUNICIPAL AGENCY HAVING JURISDICTION MUST HAVE ISSUED AN ORDER REQUIRING THE TENANT TO VACATE THE UNIT. NO TENANT SHALL BE REMOVED FROM POSSESSION OF A UNIT ON THIS BASIS UNLESS THE COURT FINDS THAT THE CURE OF THE VIOLATION OF LAW REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT, THROUGH NEGLECT OR DELIBERATE ACTION OR FAILURE TO ACT, CREATE THE CONDITION NECESSITATING S. 8306--C 120 A. 8806--C THE VACATE ORDER. IF THE LANDLORD DOES NOT TRY TO CURE THE CONDITIONS CAUSING THE VIOLATION OF THE LAW, THE TENANT HAS THE RIGHT TO PAY OR SECURE PAYMENT, IN A MANNER SATISFACTORY TO THE COURT, TO CURE THE VIOLATION. ANY TENANT EXPENDITURES TO CURE THE VIOLATION SHALL BE APPLIED AGAINST RENT OWED TO THE LANDLORD. EVEN IF REMOVAL OF A TENANT IS ABSOLUTELY ESSENTIAL TO THE TENANT'S HEALTH AND SAFETY, THE TENANT SHALL BE ENTITLED TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE BEEN REMOVED. THE TENANT ALSO RETAINS THE RIGHT TO BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD OR TO OTHER- WISE COMPEL THE LANDLORD TO COMPLY WITH ALL APPLICABLE STATE OR MUNICI- PAL HOUSING CODES (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH D OF SUBDIVI- SION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; I. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT IS USING OR PERMITTING THE UNIT OR PREMISES TO BE USED FOR AN ILLEGAL PURPOSE (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH E OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; J. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT HAS UNREA- SONABLY REFUSED THE LANDLORD ACCESS TO THE UNIT FOR THE PURPOSES OF MAKING NECESSARY REPAIRS OR IMPROVEMENTS REQUIRED BY LAW OR FOR THE PURPOSES OF SHOWING THE PREMISES TO A PROSPECTIVE PURCHASER, MORTGAGEE, OR OTHER PERSON WITH A LEGITIMATE INTEREST IN THE PREMISES (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH F OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; K. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF THE UNIT FOR THE LANDLORD'S PERSONAL USE AND OCCUPANCY AS THE LANDLORD'S PRINCIPAL RESIDENCE, OR FOR THE PERSONAL USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE BY THE LANDLORD'S SPOUSE, DOMESTIC PARTNER, CHILD, STEPCHILD, PARENT, STEP-PARENT, SIBLING, GRANDPARENT, GRANDCHILD, PARENT-IN-LAW, OR SIBLING-IN-LAW. THE LANDLORD CAN ONLY RECOVER THE UNIT FOR THESE PURPOSES IF THERE IS NO OTHER SUITABLE HOUSING ACCOMMODATION IN THE BUILDING THAT IS AVAILABLE. UNDER NO CIRCUMSTANCES CAN THE LANDLORD RECOVER THE UNIT FOR THESE PURPOSES IF THE TENANT IS (A) 65 YEARS OLD OR OLDER; OR (B) A "DISABLED PERSON" AS DEFINED IN SUBDIVISION 6 OF SECTION 211 OF THE REAL PROPERTY LAW. TO ESTABLISH THIS GOOD CAUSE IN AN EVICTION PROCEEDING, THE LAND- LORD MUST ESTABLISH GOOD FAITH TO RECOVER POSSESSION OF A HOUSING ACCOM- MODATION FOR THE USES DESCRIBED HEREIN BY CLEAR AND CONVINCING EVIDENCE (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH G OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; L. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE LANDLORD IN GOOD FAITH SEEKS TO DEMOLISH THE HOUSING ACCOMMODATION. TO ESTABLISH THIS GOOD CAUSE IN AN EVICTION PROCEEDING, THE LANDLORD MUST ESTABLISH GOOD FAITH TO DEMOLISH THE HOUSING ACCOMMODATION BY CLEAR AND CONVINCING EVIDENCE (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH H OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; M. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE LANDLORD SEEKS IN GOOD FAITH TO WITHDRAW THE UNIT FROM THE HOUSING RENTAL MARKET. TO ESTABLISH THIS GOOD CAUSE IN AN EVICTION PROCEEDING, THE LANDLORD MUST ESTABLISH GOOD FAITH TO WITHDRAW THE UNIT FROM THE RENTAL HOUSING MARKET BY CLEAR AND CONVINCING EVIDENCE (GOOD CAUSE FOR EVICTION UNDER PARA- GRAPH I OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___; N. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT HAS FAILED TO AGREE TO REASONABLE CHANGES AT LEASE RENEWAL, INCLUDING REASONABLE INCREASES IN RENT, AND THE LANDLORD GAVE WRITTEN NOTICE OF THE CHANGES TO THE LEASE TO THE TENANT AT LEAST 30 DAYS, BUT NO MORE THAN 90 DAYS, BEFORE THE CURRENT LEASE EXPIRED. A RENT INCREASE IS PRESUMPTIVELY S. 8306--C 121 A. 8806--C UNREASONABLE IF THE INCREASE FROM THE PRIOR RENT IS GREATER THAN THE LOWER OF: (A) 5 PERCENT PLUS THE ANNUAL PERCENTAGE CHANGE IN THE CONSUM- ER 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 HOUSING ACCOMMODATION IS LOCATED, AS PUBLISHED BY AUGUST 1ST OF EACH YEAR BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; OR (B) 10 PERCENT (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH J OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW):___. § 4. Subdivision 2 of section 711 of the real property actions and proceedings law, as amended by section 12 of part M of chapter 36 of the laws of 2019, is amended to read as follows: 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon [him] THE TENANT as prescribed in section seven hundred thirty-five of this article. THE FOURTEEN-DAY NOTICE SHALL APPEND OR CONTAIN THE NOTICE REQUIRED PURSUANT TO SECTION TWO HUNDRED THIRTY-ONE-C OF THE REAL PROPERTY LAW, WHICH SHALL STATE THE FOLLOWING: (I) IF THE PREMISES ARE OR ARE NOT SUBJECT TO ARTICLE SIX-A OF THE REAL PROPERTY LAW, THE "GOOD CAUSE EVICTION LAW", AND IF THE PREMISES ARE EXEMPT, SUCH NOTICE SHALL STATE WHY THE PREMISES ARE EXEMPT FROM SUCH LAW; (II) IF THE LANDLORD IS NOT RENEWING THE LEASE FOR A UNIT SUBJECT TO ARTICLE SIX-A OF THE REAL PROPERTY LAW, THE LAWFUL BASIS FOR SUCH NON-RENEWAL; AND (III) IF THE LANDLORD IS INCREASING THE RENT UPON AN EXISTING LEASE OF A UNIT SUBJECT TO ARTICLE SIX-A OF THE REAL PROPERTY LAW ABOVE THE APPLICABLE LOCAL RENT STANDARD, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THE REAL PROPERTY LAW, THE JUSTI- FICATION FOR SUCH INCREASE. Any person succeeding to the landlord's interest in the premises may proceed under this subdivision for rent due [his] SUCH PERSON'S predecessor in interest if [he has] SUCH PERSON HAS a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. § 5. Section 741 of the real property actions and proceedings law is amended by adding two new subdivisions 5-a and 5-b to read as follows: 5-A. APPEND OR INCORPORATE THE NOTICE REQUIRED PURSUANT TO SECTION TWO HUNDRED THIRTY-ONE-C OF THE REAL PROPERTY LAW, WHICH SHALL STATE THE FOLLOWING: (I) IF THE PREMISES ARE OR ARE NOT SUBJECT TO ARTICLE SIX-A OF THE REAL PROPERTY LAW, THE "GOOD CAUSE EVICTION LAW", AND IF THE PREMISES ARE EXEMPT, SUCH PETITION SHALL STATE WHY THE PREMISES ARE EXEMPT FROM SUCH LAW; (II) IF THE LANDLORD IS NOT RENEWING THE LEASE FOR A UNIT SUBJECT TO ARTICLE SIX-A OF THE REAL PROPERTY LAW, THE LAWFUL BASIS FOR SUCH NON-RENEWAL; AND (III) IF THE LANDLORD IS INCREASING THE RENT UPON AN EXISTING LEASE OF A UNIT SUBJECT TO ARTICLE SIX-A OF THE REAL PROPERTY LAW ABOVE THE APPLICABLE LOCAL RENT STANDARD, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THE REAL PROPERTY LAW, THE JUSTIFICATION FOR SUCH INCREASE. 5-B. IF THE PETITIONER CLAIMS EXEMPTION FROM THE PROVISIONS OF ARTICLE SIX-A OF THE REAL PROPERTY LAW PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FOURTEEN OF THE REAL PROPERTY LAW, APPEND OR INCORPORATE THE S. 8306--C 122 A. 8806--C INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FOURTEEN OF THE REAL PROPERTY LAW. § 6. Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this act, which can be given effect without that provision or application; and to that end, the provisions and applications of this act are severable. § 7. This act shall take effect immediately and shall apply to actions and proceedings commenced on or after such effective date; provided, however, that: (a) sections two, three, four, and five of this act shall take effect on the one hundred twentieth day after this act shall have become a law; (b) this act shall expire and be deemed repealed on June 15, 2034; and (c) any local law as may be enacted pursuant to subdivision 1 of 213 of article 6-A of the real property law established by section one of this act shall remain in full force and effect only until June 15, 2034. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. PART II Section 1. The opening paragraph of section 711 of the real property actions and proceedings law, as amended by section 12 of part M of chap- ter 36 of the laws of 2019, is amended to read as follows: A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer. A TENANT SHALL NOT INCLUDE A SQUATTER. FOR THE PURPOSES OF THIS SECTION, A SQUATTER IS A PERSON WHO ENTERS ONTO OR INTRUDES UPON REAL PROPERTY WITHOUT THE PERMISSION OF THE PERSON ENTITLED TO POSSESSION, AND CONTINUES TO OCCUPY THE PROPERTY WITHOUT TITLE, RIGHT OR PERMISSION OF THE OWNER OR OWNER'S AGENT OR A PERSON ENTITLED TO POSSESSION. IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS REGARDING SQUATTERS OF THIS SECTION AND THE PROVISIONS OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTEEN OF THIS ARTICLE, THE PROVISIONS OF SECTION SEVEN HUNDRED THIRTEEN OF THIS ARTICLE SHALL BE CONTROLLING. No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds: § 2. This act shall take effect immediately. PART JJ Section 1. Section 421-a of the real property tax law is amended by adding a new subdivision 18 to read as follows: 18. (A) FOR THE PURPOSES OF THIS SUBDIVISION: (I) "AGENCY" SHALL HAVE THE SAME MEANING AS IN SUBPARAGRAPH (XVI) OF PARAGRAPH (A) OF SUBDIVISION SIXTEEN OF THIS SECTION. (II) "AUDIT" SHALL MEAN ANY AUDIT OF AN ELIGIBLE PROPERTY PERFORMED BY THE AGENCY UNDER THE PROGRAM CREATED BY THE AGENCY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. S. 8306--C 123 A. 8806--C (III) "ELIGIBLE PROPERTY" SHALL MEAN ANY ELIGIBLE MULTIPLE DWELLING THAT WAS GRANTED BENEFITS UNDER THE AFFORDABLE NEW YORK HOUSING PROGRAM PURSUANT TO THIS SECTION, AND ANY PREVIOUS ITERATION OF SUCH TAX BENEFIT PROGRAM, ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, AND WAS SUBJECT TO RENT REGISTRATION, AFFORDABILITY, AND/OR RENT STABILIZATION REQUIREMENTS PURSUANT TO THIS SECTION ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN. (B) THE AGENCY SHALL CREATE A PROGRAM TO ANNUALLY AUDIT AND REVIEW ELIGIBLE PROPERTIES TO CONFIRM THAT OWNERS OF ELIGIBLE PROPERTIES ARE COMPLYING WITH THE RENT REGISTRATION, AFFORDABILITY, AND RENT STABILIZA- TION REQUIREMENTS OF THE APPLICABLE SUBDIVISION OF THIS SECTION. ANY OWNER OF AN ELIGIBLE PROPERTY SUBJECT TO AN AUDIT SHALL PROVIDE ANY AND ALL INFORMATION, DATA, OR DOCUMENTATION WITHIN SUCH OWNER'S OR AN AGENT OF SUCH OWNER'S REASONABLE POSSESSION OR CONTROL TO THE AGENCY WHICH THE AGENCY REQUESTS, IN SUCH FORM OR MANNER AS THE AGENCY REQUESTS, IN ORDER TO COMPLETE AN AUDIT. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND THE NEW YORK CITY DEPARTMENT OF FINANCE SHALL COOPERATE WITH THE AGENCY TO PROVIDE SUCH INFORMATION WITHIN THEIR REASONABLE POSSESSION AND CONTROL TO THE AGENCY AS THE AGENCY MAY REQUEST, IN SUCH FORM OR MANNER AS THE AGENCY REQUESTS, TO CARRY OUT AN AUDIT. THE INITIAL AUDIT SHALL BE COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY- FIVE. THE AGENCY SHALL PUBLISH THE RESULTS OF THE AUDIT ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST AND SHALL MAKE THE RESULTS OF ANY AUDIT PUBLICLY AVAILABLE ON THE AGENCY'S WEBSITE. NO MORE THAN TWENTY-FIVE PERCENT OF ELIGIBLE PROPERTIES SHALL BE SUBJECT TO AN AUDIT EACH YEAR, AND NO ELIGIBLE PROPERTY SHALL BE SUBJECT TO AN AUDIT IN TWO CONSECUTIVE AUDITS. THE AGENCY SHALL SELECT PROPERTIES FOR AN AUDIT THROUGH A RANDOMIZED PROCESS TO BE ESTABLISHED AND IMPLEMENTED BY THE AGENCY. ONLY ELIGIBLE PROPERTIES THAT RECEIVED BENEFITS AND WERE SUBJECT TO AFFORDA- BILITY, RENT STABILIZATION, AND/OR RENT REGISTRATION REQUIREMENTS DURING THE PRIOR YEAR SHALL BE CONSIDERED ELIGIBLE. (C) (I) IF AN AUDIT FINDS THAT ANY OWNER OF AN ELIGIBLE PROPERTY IS NOT IN COMPLIANCE WITH THE RENT REGISTRATION, AFFORDABILITY, OR RENT STABILIZATION REQUIREMENTS OF THE APPLICABLE SUBDIVISION OF THIS SECTION, THE AGENCY SHALL, WHERE NECESSARY FOR ENFORCEMENT, PRESENT EVIDENCE OF SUCH NONCOMPLIANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND THE NEW YORK CITY DEPARTMENT OF FINANCE OF SUCH NONCOMPLI- ANCE NO LATER THAN FIFTEEN DAYS AFTER THE RESULTS OF THE AUDIT HAVE BEEN PUBLISHED ON THE AGENCY'S WEBSITE. (II) THE AGENCY, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE NEW YORK CITY DEPARTMENT OF FINANCE MAY ENFORCE ANY NONCOMPLIANCE WITH THE RENT REGISTRATION, AFFORDABILITY, AND RENT STABILIZATION REQUIREMENTS OF THE APPLICABLE SUBDIVISION OF THIS SECTION THAT ARE IDENTIFIED PURSUANT TO AN AUDIT AS AUTHORIZED UNDER THIS SECTION OR ANY OTHER LAW, RULE, OR REGULATION. § 2. This act shall take effect immediately. PART KK Section 1. The private housing finance law is amended by adding a new article 32 to read as follows: ARTICLE 32 NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP AND RENTAL HOUSING PROGRAMS SECTION 1290. NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP PROGRAM. 1291. NEW YORK HOUSING FOR THE FUTURE RENTAL HOUSING PROGRAM. S. 8306--C 124 A. 8806--C § 1290. NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP PROGRAM. 1. PROGRAM ESTABLISHMENT. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAIL- ABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE HOUS- ING TRUST FUND CORPORATION, OR THE HOUSING FINANCE AGENCY SHALL DEVELOP AND ADMINISTER A PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN THE FORM OF PAYMENTS, GRANTS AND LOANS FOR THE FORMATION OF LIMITED EQUITY COOPER- ATIVE HOUSING UTILIZING FUNDING APPROPRIATED FOR SUCH A PURPOSE AS WELL AS ANY OTHER FUNDING SOURCE OR SOURCES WHICH THE COMMISSIONER MAY DETER- MINE IS SUITABLE TO SUPPORT SUCH A PROGRAM. SUCH PROGRAM MAY UTILIZE ANY APPROPRIATE SITE, INCLUDING, BUT NOT LIMITED TO, STATE OWNED SITES, MUNICIPALLY OWNED SITES, OR SITES OWNED BY A NOT-FOR-PROFIT CORPORATION OR COMMUNITY LAND TRUST FOR THE PURPOSE OF PROVIDING HOUSING PURSUANT TO THIS SECTION. REAL PROPERTY MAY BE ACQUIRED BY A MUNICIPALITY FOR THE PURPOSE OF SUCH PROGRAM AS AUTHORIZED PURSUANT TO SECTION FIVE HUNDRED SEVENTY-SIX-A OF THIS CHAPTER, PROVIDED, HOWEVER, THAT ANY ACQUISITIONS OR TRANSFERS UNDERTAKEN TO FURTHER THE GOALS OF THIS ARTICLE PURSUANT TO SUCH SECTION SHALL NOT BE REQUIRED TO BE TRANSFERRED TO A HOUSING DEVEL- OPMENT FUND COMPANY INCORPORATED AND ORGANIZED PURSUANT TO SECTION FIVE HUNDRED SEVENTY-THREE OF THIS CHAPTER. SUCH PROGRAM SHALL PROVIDE (A) HOUSING FOR HOUSEHOLDS WITH AN INCOME UP TO ONE HUNDRED AND THIRTY PERCENT OF AREA MEDIAN INCOME AT THE TIME OF PURCHASE, PROVIDED FURTHER THAT HOUSEHOLDS THAT ARE INITIALLY ELIGIBLE FOR THE PROGRAM AT THE TIME OF PURCHASE BUT REALIZE INCOME GAINS SUBSEQUENT TO PURCHASE MAY BE REQUIRED TO PAY A SURCHARGE AS DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE, (B) A PROCESS IN WHICH HOUSEHOLDS SHALL HAVE THE ABILITY TO ACCRUE EQUITY OVER TIME, AND (C) THAT HOUSING UNITS CREATED PURSUANT TO THIS SECTION REMAIN AFFORDABLE IN PERPETUITY. THE COMMISSIONER MAY ALSO ASSIST PROSPECTIVE HOMEBUYERS TO IDENTIFY FUNDING SOURCES THAT PROVIDE LOW INTEREST LOANS TO PROSPECTIVE HOMEBUYERS. 2. ADDITIONAL RESPONSIBILITIES. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE HOUSING TRUST FUND CORPORATION, OR THE HOUSING FINANCE AGENCY SHALL HAVE THE POWER TO ISSUE REGULATIONS, PLANS, GUIDANCE DOCU- MENTS, OR SET TERMS IN REGULATORY AGREEMENTS TO IMPLEMENT SUCH PROGRAM AND THE PROCESS FOR: (A) HOMEBUYERS OBTAINING A NEW UNIT WHICH SHALL INCLUDE BOTH CONFIRM- ING INCOME QUALIFICATIONS AS WELL AS A RESTRICTION ON THE MAXIMUM AMOUNT OF ASSETS ANY QUALIFIED HOMEBUYER MAY HAVE; (B) SELLING SHARES IN THE COOPERATIVE IN SUCH A WAY AS THE AFFORDABIL- ITY OF THE COOPERATIVE IS MAINTAINED WHILE ALLOWING HOUSEHOLDS TO GAIN EQUITY OVER TIME; (C) PROHIBITING THE USE OF A FIXED PERCENTAGE APPRECIATION CAP FOR THE PURPOSES OF DETERMINING AN ALLOWABLE SALES PRICE FOR SHARES IN THE COOP- ERATIVE; (D) SELECTING NEW HOUSEHOLDS ELIGIBLE TO PURCHASE HOUSING WHICH HAS BEEN VACATED BY A PREVIOUS OWNER; AND (E) THE CREATION OF BOARDS OF DIRECTORS FOR SUCH LIMITED PROFIT HOUS- ING COMPANIES ESTABLISHED BY THIS CHAPTER, PROVIDED HOWEVER THAT SUCH BOARDS SHALL HAVE THE POWERS AND BE SUBJECT TO THE LIMITATIONS CONTAINED IN THE NOT-FOR-PROFIT CORPORATION LAW IN THE SAME MANNER AND SUBJECT TO THE SAME EXCEPTIONS AS SET FORTH IN SECTION THIRTEEN-A OF THE THIS CHAP- TER. 3. MANAGEMENT. ALL SUCH HOUSING PROJECTS SHALL BE MANAGED INDEPENDENT- LY OF THE RESIDENTS OF THE PROJECT BY A CORPORATION OR NOT-FOR-PROFIT CORPORATION DETERMINED QUALIFIED BY THE DIVISION OF HOUSING AND COMMUNI- TY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE, PROVIDED S. 8306--C 125 A. 8806--C FURTHER THAT THE BOARD OF THE LIMITED EQUITY COOPERATIVE HOUSING CORPO- RATION SHALL HAVE OVERSIGHT OVER SUCH QUALIFIED CORPORATION OR NOT-FOR- PROFIT CORPORATION IN ACCORDANCE WITH STANDARDS OR GUIDELINES SET BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE. ANY REGULATORY AGREEMENT THAT IS EXECUTED FOR SUCH PROGRAM SHALL INCLUDE A REQUIREMENT THAT RESIDENT MAINTENANCE FEES INCREASE BY A MINIMUM PERCENTAGE ANNUALLY TO ENSURE THAT SUCH HOUSING CONTINUES TO BE IN GOOD REPAIR. 4. TAX EXEMPTIONS. HOUSING FOR SUCH PROGRAM SHALL BE ELIGIBLE FOR TAX EXEMPTIONS IN THE SAME MANNER AS PROJECTS UNDER ARTICLE ELEVEN OF THIS CHAPTER. 5. WAGE REQUIREMENTS. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY PROJECT CONSTRUCTED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THE LABOR LAW; PROVIDED, HOWEVER, SUCH REQUIREMENTS SHALL NOT APPLY TO CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR DEVELOPER AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF AND/OR ITS AFFILIATES 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 ORGAN- IZATION CAN PERFORM WORK ON SUCH A PROJECT. § 1291. NEW YORK HOUSING FOR THE FUTURE RENTAL HOUSING PROGRAM. 1. PROGRAM ESTABLISHMENT. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAIL- ABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE HOUS- ING TRUST FUND CORPORATION, OR THE HOUSING FINANCE AGENCY SHALL DEVELOP AND ADMINISTER A PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN THE FORM OF PAYMENTS, GRANTS AND LOANS FOR THE FORMATION OF INCOME-LIMITED RENTAL HOUSING UTILIZING FUNDING APPROPRIATED FOR SUCH A PURPOSE AS WELL AS ANY OTHER FUNDING SOURCE OR SOURCES WHICH THE COMMISSIONER MAY DETERMINE IS SUITABLE TO SUPPORT SUCH A PROGRAM. SUCH PROGRAM MAY UTILIZE ANY APPRO- PRIATE SITE, INCLUDING, BUT NOT LIMITED TO, STATE OWNED SITES, MUNICI- PALLY OWNED SITES, OR SITES OWNED BY A NOT-FOR-PROFIT CORPORATION OR COMMUNITY LAND TRUST FOR THE PURPOSE OF PROVIDING HOUSING PURSUANT TO THIS SECTION. REAL PROPERTY MAY BE ACQUIRED BY A MUNICIPALITY FOR THE PURPOSE OF SUCH PROGRAM AS AUTHORIZED PURSUANT TO SECTION FIVE HUNDRED SEVENTY-SIX-A OF THIS CHAPTER, PROVIDED, HOWEVER, THAT ANY ACQUISITIONS OR TRANSFERS UNDERTAKEN TO FURTHER THE GOALS OF THIS ARTICLE PURSUANT TO SUCH SECTION SHALL NOT BE REQUIRED TO BE TRANSFERRED TO A HOUSING DEVEL- OPMENT FUND COMPANY INCORPORATED AND ORGANIZED PURSUANT TO SECTION FIVE HUNDRED SEVENTY-THREE OF THIS CHAPTER. SUCH PROGRAM SHALL PROVIDE (A) HOUSING FOR HOUSEHOLDS WITH AN INCOME UP TO ONE HUNDRED AND THIRTY PERCENT OF AREA MEDIAN INCOME AT THE TIME SUCH HOUSEHOLD INITIALLY OCCU- PIES A UNIT, PROVIDED FURTHER THAT HOUSEHOLDS THAT ARE INITIALLY ELIGI- BLE FOR THE PROGRAM AT THE TIME SUCH HOUSEHOLD INITIALLY OCCUPIES A UNIT BUT REALIZE INCOME GAINS SUBSEQUENT TO OCCUPYING SUCH UNIT MAY BE REQUIRED TO PAY A SURCHARGE AS DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE, AND (B) THAT HOUSING UNITS CREATED PURSUANT TO THIS SECTION REMAIN AFFORDA- BLE IN PERPETUITY. 2. ADDITIONAL RESPONSIBILITIES. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE HOUSING TRUST FUND CORPORATION, OR THE HOUSING FINANCE AGENCY SHALL HAVE THE POWER TO ISSUE REGULATIONS, PLANS, GUIDANCE DOCU- MENTS, OR SET TERMS IN REGULATORY AGREEMENTS TO IMPLEMENT SUCH PROGRAM AND THE PROCESS FOR: (A) RENTERS LEASING A UNIT WHICH SHALL INCLUDE S. 8306--C 126 A. 8806--C BOTH CONFIRMING INCOME QUALIFICATIONS AS WELL AS A RESTRICTION ON THE MAXIMUM AMOUNT OF ASSETS ANY QUALIFIED RENTER MAY HAVE; (B) SELECTING NEW HOUSEHOLDS ELIGIBLE TO RENT HOUSING WHICH HAS BEEN VACATED BY A PREVIOUS RENTER; AND (C) THE CREATION OF BOARDS OF DIRECTORS FOR SUCH INCOME-LIMITED RENTAL HOUSING COMPANIES ESTABLISHED BY THIS CHAPTER, PROVIDED HOWEVER THAT SUCH BOARDS SHALL HAVE THE POWERS AND BE SUBJECT TO THE LIMITATIONS CONTAINED IN THE NOT-FOR-PROFIT CORPORATION LAW IN THE SAME MANNER AND SUBJECT TO THE SAME EXCEPTIONS AS SET FORTH IN SECTION THIRTEEN-A OF THIS CHAPTER. 3. MANAGEMENT. ALL SUCH INCOME-LIMITED RENTAL HOUSING PROJECTS SHALL BE MANAGED INDEPENDENTLY OF THE RESIDENTS OF THE PROJECT BY A CORPO- RATION OR NOT-FOR-PROFIT CORPORATION DETERMINED QUALIFIED BY THE DIVI- SION OF HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE, IN ACCORDANCE WITH STANDARDS OR GUIDELINES SET BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE. ANY REGULATORY AGREEMENT THAT IS EXECUTED FOR SUCH PROGRAM SHALL INCLUDE A REQUIREMENT THAT RESIDENT RENT INCREASES BY A MINIMUM PERCENTAGE ANNUALLY TO ENSURE THAT SUCH HOUSING CONTINUES TO BE IN GOOD REPAIR. 4. TAX EXEMPTIONS. HOUSING FOR SUCH PROGRAM SHALL BE ELIGIBLE FOR TAX EXEMPTIONS IN THE SAME MANNER AS PROJECTS UNDER ARTICLE ELEVEN OF THIS CHAPTER. 5. WAGE REQUIREMENTS. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY PROJECT CONSTRUCTED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THE LABOR LAW; PROVIDED, HOWEVER, SUCH REQUIREMENTS SHALL NOT APPLY TO CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR DEVELOPER AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF AND/OR ITS AFFILIATES 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 ORGAN- IZATION CAN PERFORM WORK ON SUCH A PROJECT. § 2. This act shall take effect immediately. PART LL Section 1. This act shall be known and may be cited as the "Doctor John L. Flateau Voting and Elections Database of New York Act". § 2. The election law is amended by adding a new section 3-112 to read as follows: § 3-112. STATE BOARD OF ELECTIONS; UNIFORM STANDARDS FOR PROCESSING DATA REQUESTS AND DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATA- BASE. 1. FOR THE PURPOSES OF THIS SECTION THE TERM "ELECTION AUTHORITY" SHALL MEAN ANY LOCAL GOVERNMENT ENTITY PRIMARILY RESPONSIBLE FOR MAIN- TAINING THE RECORDS LISTED IN THIS SECTION, INCLUDING, BUT NOT LIMITED TO, ANY COUNTY OR CITY BOARD OF ELECTIONS, OR ANY COUNTY, CITY, TOWN, VILLAGE, OR SCHOOL DISTRICT THAT ADMINISTERS THEIR OWN ELECTIONS OR MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS. 1-A. THERE IS HEREBY ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS THE NEW YORK VOTING AND ELECTIONS DATABASE. SUCH DATABASE SHALL BE A CENTRAL REPOSITORY OF CERTAIN ELECTIONS AND VOTING DATA AVAILABLE TO THE PUBLIC FROM AN ELECTION AUTHORITY IN THE STATE. THE STATE BOARD OF ELECTIONS SHALL COLLECT, HOST, AND MAINTAIN IN AN ELECTRONIC FORMAT S. 8306--C 127 A. 8806--C RECORDS PROVIDED TO THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SECTION. SUCH RECORDS SHALL BE MAINTAINED FOR AT LEAST TWELVE YEARS. 1-B. THE STATE BOARD OF ELECTIONS, SHALL PROMULGATE REGULATIONS WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION ON DATA STANDARDS FOR THE METHOD OF PROCESSING AND TRANSMITTING RECORDS REQUIRED TO BE PROVIDED PURSUANT TO THIS SECTION. SUCH DATA STANDARDS PROMULGATED BY THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SUBDIVISION SHALL: (A) BE CONSISTENT WITH ANY RELEVANT STANDARDS, GUIDELINES, OR GUIDANCE DEVELOPED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, THE ELECTION ASSISTANCE COMMISSION, OR THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY; AND (B) APPLY TO EVERY ELECTION AUTHORITY IN THE STATE. 2. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EVERY ELECTION, EACH ELECTION AUTHORITY SHALL, BY JANUARY FIRST AFTER SUCH ELECTION, OR WITHIN TEN BUSINESS DAYS, WHICHEVER IS LATER, TRANSMIT TO THE STATE BOARD OF ELECTIONS, IF SUCH ELECTION AUTHORITY IS ABLE TO MAINTAIN THE RECORD, COPIES OF: (A) ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATEWIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; (B) CONTEM- PORANEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE STATE BOARD OF ELECTIONS; (E) TABULATIONS OF THE NUMBER OF VALID AND INVALID AFFIDAVIT BALLOTS, THE REASONS FOR WHICH AFFIDAVIT BALLOTS WERE INVALID, AND THE QUANTITY AND DISPOSITION OF AFFIDAVIT BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVI- SION THREE OF SECTION 9-209 OF THIS CHAPTER; (F) TABULATIONS OF THE NUMBER OF VALID AND INVALID ABSENTEE BALLOTS, THE REASONS FOR WHICH ABSENTEE BALLOTS WERE INVALID AND THE QUANTITY OF ABSENTEE BALLOTS INVALID FOR EACH SUCH REASON, AND THE QUANTITY AND DISPOSITION OF ABSEN- TEE BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVISION THREE OF SECTION 9-209 OF THIS CHAPTER; (G) LISTS OF ELECTION DAY POLL SITES AND EARLY VOTING SITES AND MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE STATE BOARD OF ELECTIONS OF THE ELECTION DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL SITE OR EARLY VOTING SITE; (H) ADOPTED DISTRICTING OR REDISTRICTING PLANS FOR EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; AND (I) ANY OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY THE STATE BOARD OF ELECTIONS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN ELECTION AUTHORITY TO CREATE OR OTHERWISE PROVIDE A RECORD IT IS NOT CAPABLE OF COLLECTING. WITHIN SIXTY DAYS OF RECEIPT OF RECORDS PURSUANT TO THIS SECTION, THE NEW YORK VOTING AND ELECTIONS DATABASE SHALL POST SUCH RECORDS TO ITS PUBLIC FACING WEBSITE, PROVIDED THAT INDIVIDUAL VOTER REGISTRATION RECORDS SHALL NOT BE PUBLISHED, BUT ONLY MADE AVAILABLE TO THE PUBLIC UPON REQUEST PURSUANT TO SUBDIVISION FIVE OF SECTION 3-103 OF THE ELECTION LAW. NO COST SHALL BE CHARGED TO ACCESS SUCH RECORDS. 3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE ATTORNEY GENERAL WITH ACCESS TO COPIES OF THE NON-CONFIDENTIAL FIELDS OF THE STATEWIDE VOTER DATABASE OR ANY SIMILAR SUCCESSOR STATEWIDE VOTER REGISTRATION DATABASE UPON REQUEST, IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE READABLE FORMAT THAT CAN BE READILY ACCESSED AND ANALYZED. 4. EVERY SIX MONTHS, THE STATE BOARD OF ELECTIONS SHALL DETERMINE WHICH ELECTION AUTHORITIES HAVE FAILED TO TRANSMIT RECORDS TO THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SECTION AND SHALL PUBLISH A LIST OF SUCH ELECTION AUTHORITIES. UPON PUBLICATION OF THE LIST, AN ELECTION AUTHORITY THAT FAILED TO TRANSMIT RECORDS TO THE STATE BOARD OF S. 8306--C 128 A. 8806--C ELECTIONS PURSUANT TO THIS SECTION SHALL HAVE A CURE PERIOD OF TEN BUSI- NESS DAYS TO COME INTO COMPLIANCE OR PROVIDE TO THE STATE BOARD OF ELECTIONS AN ADEQUATE REASON THE AUTHORITY IS NOT CAPABLE OF TRANSMIT- TING SUCH RECORDS. THE STATE BOARD OF ELECTIONS MAY DETERMINE AN ADEQUATE REASON FOR NON-COMPLIANCE PURSUANT TO ITS RULES AND REGU- LATIONS. IF AFTER TEN BUSINESS DAYS, THE ELECTION AUTHORITY HAS TAKEN NO ACTION TO CURE ITS NON-COMPLIANCE THE STATE BOARD OF ELECTIONS OR THE ATTORNEY GENERAL MAY FILE AN ACTION AGAINST SUCH ELECTION AUTHORITY TO ENFORCE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. § 3. The civil practice law and rules is amended by adding a new rule 4551 to read as follows: RULE 4551. NEW YORK VOTING AND ELECTIONS DATABASE. THE DATA, INFORMA- TION, AND/OR ESTIMATES MAINTAINED BY THE NEW YORK VOTING AND ELECTIONS DATABASE WITHIN THE STATE BOARD OF ELECTIONS OR COPIES OF SUCH DATA, INFORMATION AND/OR ESTIMATES PROVIDED TO THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE OF SECTION 3-112 OF THE ELECTION LAW SHALL BE GRANTED A REBUTTABLE PRESUMPTION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT. § 4. The education law is amended by adding a new section 2614 to read as follows: § 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH SCHOOL DISTRICT THAT HOLDS ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT COPIES OF RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 5. Section 2038 of the education law is renumbered section 2039 and a new section 2038 is added to read as follows: § 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTI- CLE SHALL TRANSMIT COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 6. Section 2553 of the education law is amended by adding a new subdivision 2-a to read as follows: 2-A. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 7. The election law is amended by adding a new section 15-140 to read as follows: § 15-140. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH VILLAGE THAT HOLDS AN ELECTION NOT CONDUCTED BY A BOARD OF ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THIS CHAPTER IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 8. This act shall take effect April 1, 2026 and shall apply to any election on or after such date. Effective immediately, the addition, S. 8306--C 129 A. 8806--C amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. PART MM Section 1. Chapter 238 of the laws of 2021, relating to permitting the use of municipal space for outdoor dining, is REPEALED. § 2. The alcoholic beverage control law is amended by adding a new section 111-a to read as follows: § 111-A. USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE FOR ON-PREMISES ALCOHOLIC BEVERAGE SALES BY CERTAIN LICENSEES. 1. THE HOLDER OF A RETAIL ON-PREMISES LICENSE ISSUED PURSUANT TO SECTIONS FIFTY-FIVE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHT- Y-ONE, OR EIGHTY-ONE-A OF THIS CHAPTER OR A MANUFACTURING LICENSE THAT INCLUDES A PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES ISSUED PURSUANT TO SECTION THIRTY, THIRTY-ONE, FIFTY-ONE, FIFTY-ONE-A, FIFTY-EIGHT, FIFTY- EIGHT-C, SUBDIVISION TWO-C OF SECTION SIXTY-ONE, SECTION SEVENTY-SIX, SEVENTY-SIX-A, SEVENTY-SIX-C, OR SEVENTY-SIX-D OF THIS CHAPTER MAY FILE AN ALTERATION APPLICATION WITH THE AUTHORITY PURSUANT TO SUBDIVISION ONE OF SECTION NINETY-NINE-D OF THIS CHAPTER FOR PERMISSION TO ADD MUNICIPAL PUBLIC SPACE THAT IS EITHER CONTIGUOUS OR NON-CONTIGUOUS TO THE LICENSED PREMISES. UPON APPROVAL OF SUCH ALTERATION APPLICATION, SUCH A LICENSEE MAY EXERCISE THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED: (A) THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED ISSUES A PERMIT OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR AGENCY ISSUES WRITTEN AUTHORIZATION TO THE LICENSEE TO SELL AND/OR SERVE FOOD ON SUCH CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE; (B) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF SUCH MUNIC- IPAL PERMIT OR OTHER WRITTEN AUTHORIZATION ALONG WITH THE ALTERATION APPLICATION; (C) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF THE PERMIT APPLICATION SUBMITTED TO THE MUNICIPALITY TO OBTAIN THE MUNICIPAL PERMIT OR OTHER WRITTEN AUTHORIZATION FROM THE MUNICIPALITY ALONG WITH THE ALTERATION APPLICATION; (D) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A DIAGRAM DEPICTING BOTH THE LICENSED PREMISES AND THE CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE TO BE USED BY THE LICENSEE WITH THE ALTERATION APPLICATION; (E) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY PROOF THAT IT HAS PROVIDED COMMUNITY NOTIFICATION TO THE MUNICIPALITY, INCLUDING MUNICI- PALITIES OUTSIDE THE CITY OF NEW YORK, IN A MANNER CONSISTENT WITH OR REQUIRED BY SUBDIVISION TWO OF SECTION ONE HUNDRED TEN-B OF THIS ARTICLE AS REQUIRED FOR THE CITY OF NEW YORK; (F) THE LICENSEE SUBMITS PROOF TO THE LIQUOR AUTHORITY THAT: (I) SUCH LICENSEE HAS OBTAINED WORKERS' COMPENSATION INSURANCE FOR ALL EMPLOYEES, AS REQUIRED BY THE WORKERS' COMPENSATION LAW; AND (II) SUCH LICENSEE HAS OBTAINED GENERAL LIABILITY INSURANCE TO PROVIDE COVERAGE AGAINST LIABIL- ITY FOR INJURY SUSTAINED BY PERSONS ON THE CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE USED BY THE LICENSEE AND, IF APPLICABLE, PERSONS AND CYCLISTS USING OR CROSSING A BIKE THOROUGH- FARE THAT CONNECTS THE LICENSED PREMISES TO THE NON-CONTIGUOUS MUNICIPAL S. 8306--C 130 A. 8806--C PUBLIC SPACE USED BY THE LICENSEE. THE LICENSEE SHALL MAINTAIN SUCH GENERAL LIABILITY COVERAGE DURING THE TERM OF ITS MUNICIPAL PERMIT OR WRITTEN AUTHORIZATION TO USE THE CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE; AND (G) USE OF ANY SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE MEETS ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS, RULES, REGU- LATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS. 2. FOR THE PURPOSES OF THIS SECTION: (A) "NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS LOCATED IN FRONT OF, BEHIND, OR TO THE SIDE OF THE LICENSED PREMISES; (II) IS WITHIN THE PROPERTY BOUNDARIES OF THE LICENSED PREMISES AS EXTENDED OUT; OR WITHIN THE PROP- ERTY BOUNDARIES OF THE NEAREST ADJACENT PROPERTIES ON EITHER SIDE; (III) DOES NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY; (IV) IS SEPARATED FROM THE LICENSED PREMISES ONLY BY ONE OR MORE OF THE FOLLOW- ING: A PEDESTRIAN THOROUGHFARE, A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS; AND (V) OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS. (B) "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS LOCATED IN FRONT OF, BEHIND, OR TO THE SIDE OF THE LICENSED PREMISES; (II) IS WITHIN THE PROPERTY BOUNDARIES OF THE LICENSED PREMISES AS EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE NEAREST ADJACENT PROPERTIES ON EITHER SIDE; (III) OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS. 3. LICENSEES CHOOSING TO UTILIZE NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE THAT INCLUDES A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS, SHALL POST A SIGN OR POSTER IN SAID MUNICIPAL OUTDOOR SPACE WITH CONSPICUOUS LETTERING IN AT LEAST SEVENTY-TWO POINT BOLD FACE FONT THAT STATES: "CAUTION: BICYCLE LANE" PRIOR TO AND WHILE UTILIZING ANY SUCH MUNICIPAL SPACE FOR ON-PREM- ISES ALCOHOLIC BEVERAGE SALES TO PATRONS. SUCH LICENSEES SHALL BE SOLELY RESPONSIBLE FOR PRODUCTION OF AND MAINTENANCE OF SUCH SIGNAGE. COMPLI- ANCE BY THE LICENSEE WITH THE PROVISIONS OF ANY LOCAL LAW REQUIRING POSTING OF WARNING SIGNS REGARDING BICYCLE LANES ENACTED ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. NOTHING CONTAINED HEREIN, HOWEVER, SHALL BE DEEMED TO EXEMPT ANY LICENSEE NOT OTHERWISE SUBJECT TO THE PROVISIONS OF ANY SUCH LOCAL LAW FROM COMPLYING WITH THE PROVISIONS OF THIS SECTION. 4. IF AT ANY TIME THE MUNICIPALITY REVOKES, CANCELS OR SUSPENDS OR OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE, THE LICENSEE SHALL IMMEDIATELY CEASE EXERCISING THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON SUCH MUNICIPAL PUBLIC SPACE. THE LICENSEE SHALL THEN FILE A NEW ALTERATION APPLICATION REMOVING THE MUNICIPAL PUBLIC SPACE FROM ITS LICENSED PREMISES. THE FAILURE TO FILE A NEW ALTERATION APPLICATION WITH THE AUTHORITY WITHIN TEN BUSINESS DAYS OF THE REVOCATION, CANCELLATION, SUSPENSION, OR OTHER TERMINATION BY THE LOCAL MUNICIPALITY OF THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE SHALL BE CAUSE FOR REVOCATION, CANCELLATION, SUSPENSION AND/OR IMPOSITION OF A CIVIL PENALTY AGAINST THE LICENSE IN ACCORDANCE WITH SECTION ONE HUNDRED EIGHTEEN OF THIS ARTICLE. 5. THE AUTHORITY MAY PROMULGATE GUIDANCE, RULES AND/OR REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING EXISTING PROVISIONS OF THIS CHAPTER, THE AUTHORITY IS AUTHORIZED TO S. 8306--C 131 A. 8806--C PROVIDE SIMPLIFIED APPLICATIONS AND NOTIFICATION PROCEDURES FOR LICEN- SEES SEEKING TO UTILIZE MUNICIPAL SPACE FOR ON-PREMISES ALCOHOLIC BEVER- AGE SALES WHENEVER POSSIBLE OR APPROPRIATE. NOTHING IN THIS SECTION SHALL PROHIBIT THE AUTHORITY FROM REQUESTING ADDITIONAL INFORMATION FROM ANY APPLICANT SEEKING TO USE NEW MUNICIPAL SPACE OR RENEWAL OF EXISTING MUNICIPAL SPACE. § 3. This act shall take effect immediately and shall apply to all applications received by the state liquor authority on and after such effective date. Effective immediately, the authority is authorized to undertake the addition, amendment and/or repeal of any rule or regu- lation necessary for the implementation of this act. PART NN Section 1. Subparagraph (i-a) of paragraph b of subdivision 9 of section 140 of the transportation law, as added by section 4 of part K of a chapter of the laws of 2024, amending the transportation law and the vehicle and traffic law relating to enacting the stretch limousine passenger safety act, as proposed in legislative bills numbers S. 8308-C and A. 8808-C, is amended to read as follows: (i-a) No person, corporation, limited liability company or business entity, joint stock association, partnership, or any officer or agent thereof, shall operate or knowingly allow, require, permit or authorize any person to operate a motor vehicle while under suspension as provided in SUBPARAGRAPH (I) OF this [subdivision] PARAGRAPH. A violation of this subparagraph shall constitute a class A misdemeanor punishable by a fine of not less than five thousand dollars nor more than twenty-five thousand dollars in addition to any other penalties provided by law. § 2. This act shall take effect on the same date and in the same manner as section 4 of part K of a chapter of the laws of 2024, amending the transportation law and the vehicle and traffic law relating to enacting the stretch limousine passenger safety act, as proposed in legislative bills numbers S. 8308-C and A. 8808-C, takes effect. PART OO Section 1. Short title. This act shall be known and may be cited as "Sammy's law". § 2. Paragraphs 26 and 27 of subdivision (a) of section 1642 of the vehicle and traffic law, paragraph 26 as added and paragraph 27 as amended by chapter 248 of the laws of 2014, are amended to read as follows: 26. (a) With respect to highways (which term for the purposes of this paragraph shall include private roads open to public motor vehicle traf- fic) in such city, other than state highways maintained by the state on which the department of transportation shall have established higher or lower speed limits than the statutory fifty-five miles per hour speed limit as provided in section sixteen hundred twenty of this title, or on which the department of transportation shall have designated that such city shall not establish any maximum speed limit as provided in section sixteen hundred twenty-four of this title, subject to the limitations imposed by section sixteen hundred eighty-four of this title, establish- ment of maximum speed limits at which vehicles may proceed within such city or within designated areas of such city higher or lower than the fifty-five miles per hour maximum statutory limit. No such speed limit applicable throughout such city or within designated areas of such city S. 8306--C 132 A. 8806--C shall be established at less than [twenty-five] TWENTY miles per hour, except that (I) school speed limits may be established at no less than fifteen miles per hour pursuant to the provisions of section sixteen hundred forty-three of this article, AND (II) ON PORTIONS OF HIGHWAYS THAT CONSIST OF THREE OR MORE VEHICULAR TRAVEL LANES IN THE SAME DIREC- TION OUTSIDE OF NEW YORK COUNTY, SPEED LIMITS SHALL BE ESTABLISHED AT NO LESS THAN TWENTY-FIVE MILES PER HOUR. (b) A city shall not lower OR RAISE a speed limit [by more than five miles per hour] pursuant to this paragraph unless such city provides written notice and an opportunity to comment to the community board or community boards established pursuant to section twenty-eight hundred of the New York city charter with jurisdiction over the area in which the lower OR HIGHER speed limit shall apply. Such notice may be provided by electronic mail and shall be provided sixty days prior to the establish- ment of such lower OR HIGHER speed limit AND A COMMUNITY BOARD MAY ISSUE AN ADVISORY OPINION PRIOR TO THE RAISING OR LOWERING OF SUCH SPEED LIMIT. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION, A SPEED LIMIT APPLICABLE THROUGHOUT SUCH CITY SHALL ONLY BE LOWERED OR RAISED PURSUANT TO A LOCAL LAW. 27. (a) Establishment of maximum speed limits below [twenty-five] TWENTY miles per hour at which motor vehicles may proceed on or along designated highways within such city for the explicit purpose of imple- menting traffic calming measures as such term is defined herein; provided, however, that no speed limit shall be set below [fifteen] TEN miles per hour nor shall such speed limit be established where the traf- fic calming measure to be implemented consists solely of a traffic control sign. Establishment of such a speed limit shall, where applica- ble, be in compliance with the provisions of sections sixteen hundred twenty-four and sixteen hundred eighty-four of this [chapter] TITLE. Nothing contained herein shall be deemed to alter or affect the estab- lishment of school speed limits pursuant to the provisions of section sixteen hundred forty-three of this article. For the purposes of this paragraph, "traffic calming measures" shall mean any physical engineer- ing measure or measures that reduce the negative effects of motor vehi- cle use, alter driver behavior and improve conditions for non-motorized street users such as pedestrians and bicyclists. (b) Any city establishing maximum speed limits below [twenty-five] TWENTY miles per hour pursuant to clause (i) of this subparagraph shall submit a report to the governor, the temporary president of the senate and the speaker of the assembly on or before March first, two thousand fifteen and biannually thereafter on the results of using traffic calm- ing measures and speed limits lower than [twenty-five] TWENTY miles per hour as authorized by this paragraph. This report shall also be made available to the public by such city on its website. Such report shall include, but not be limited to the following: (i) a description of the designated highways where traffic calming measures and a lower speed limit were established [and]; (ii) a description of the specific traffic calming measures used and the maximum speed limit established [and]; (iii) AN EXPLANATION OF THE REASONS FOR SETTING LOWER SPEED LIMITS, HOW THOSE LOWER SPEED LIMITS COMPLY WITH ENGINEERING STANDARDS, AND HOW THEY WILL ENSURE THAT MOTOR VEHICLES CAN OPERATE AT SAFE SPEEDS IN A MANNER THAT OPTIMIZES ALL ROAD USERS' SAFETY AND CONVENIENCE; AND (IV) a comparison of the aggregate type, number, and severity of acci- dents reported on streets on which street calming measures and lower speed limits were implemented in the year preceding the implementation S. 8306--C 133 A. 8806--C of such measures and policies and the year following the implementation of such measures and policies, to the extent this information is main- tained by any agency of the state or the city. § 3. 1. For the purpose of informing and educating persons who operate motor vehicles in this state: (a) Any law enforcement official authorized to issue appearance tick- ets pursuant to the vehicle and traffic law may, during the six-month period beginning on the effective date of this act, stop motor vehicles and issue verbal warnings to persons who are in violation of the maximum speed limits lowered by section two of this act, and who are traveling at a speed of less than fifteen miles per hour over such maximum speed limits. (b) Any municipality authorized to issue a notice of liability where such municipality has installed a photo speed violation monitoring system pursuant to the vehicle and traffic law shall, for sixty days following the establishment of a lower speed limit pursuant to section two of this act, issue notices of liability to owners of vehicles who are in violation of the previous maximum speed limit. 2. The department of transportation for the city of New York shall implement an education campaign which shall, at a minimum: (a) Alert drivers to the passage of this act; (b) Educate drivers of the dangers of speeding; and (c) Educate drivers of the dangers of crashes involving pedestrians. 3. The department of transportation for the city of New York shall install signage around school speed zones that notifies drivers of the speed limit. § 4. This act shall take effect on the sixtieth day after it shall have become a law. PART PP Section 1. Article 25-A of the public health law is amended by adding a new section 2599-bb-1 to read as follows: § 2599-BB-1. REPRODUCTIVE FREEDOM AND EQUITY GRANT PROGRAM. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "ABORTION" SHALL MEAN THE TERMINATION OF PREGNANCY PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE. (B) "HEALTH CARE SERVICES" SHALL MEAN THE RANGE OF CARE RELATED TO THE PROVISION OF ABORTION. (C) "PROGRAM" SHALL MEAN THE REPRODUCTIVE FREEDOM AND EQUITY GRANT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. 2. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT A REPRODUCTIVE FREE- DOM AND EQUITY GRANT PROGRAM TO ENSURE ACCESS TO ABORTION CARE IN THE STATE. THE PROGRAM SHALL PROVIDE FUNDING TO ABORTION PROVIDERS AND NON- PROFIT ORGANIZATIONS THAT PROVIDE OR FACILITATE ACCESS TO ABORTION CARE. THE PROGRAM SHALL BE DESIGNED TO PROVIDE SUPPORT TO ABORTION PROVIDERS AND NON-PROFIT ORGANIZATIONS TO INCREASE ACCESS TO CARE, FUND UNCOMPEN- SATED CARE, AND TO ADDRESS THE SUPPORT NEEDS OF INDIVIDUALS ACCESSING ABORTION CARE. FUNDING USED TO SUPPORT THE PROGRAM SHALL BE SUBJECT TO APPROPRIATION. 3. THE COMMISSIONER SHALL DISTRIBUTE FUNDS MADE AVAILABLE FOR EXPENDI- TURE UNDER THIS SECTION. IN DETERMINING FUNDING FOR APPLICANTS UNDER THE GRANT PROGRAM, THE COMMISSIONER SHALL CONSIDER THE FOLLOWING CRITERIA AND GOALS: (A) INCREASE ACCESS TO CARE BY GROWING THE CAPACITY OF ABORTION PROVIDERS TO MEET PRESENT AND FUTURE CARE NEEDS. FUNDS MAY BE AWARDED TO S. 8306--C 134 A. 8806--C SUPPORT THE RECRUITMENT, HIRING, AND RETENTION OF CLINICAL AND MEDICAL STAFF, COSTS OF INCREASING THE NUMBER OF HOURS, DAYS, AND/OR ALTERNATE TIMES FOR CURRENTLY EMPLOYED CLINICAL STAFF TO PROVIDE INCREASED ACCESS, CARE MANAGEMENT AND NAVIGATION, STAFF TRAINING, OUTREACH AND MARKETING COSTS, AND OTHER OPERATIONAL NEEDS THAT INCREASE ACCESS TO ABORTION CARE. (B) FUND UNCOMPENSATED HEALTH CARE SERVICES ASSOCIATED WITH ABORTION CARE, TO ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR INDIVIDUALS WHO LACK ABILITY TO PAY FOR CARE, FOR INDIVIDUALS WHO LACK INSURANCE COVERAGE, ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUSABLE BY THE RENDERING PROVIDER. 4. IN ESTABLISHING AND OPERATING THE PROGRAM, THE COMMISSIONER MAY CONSULT A RANGE OF EXPERTS INCLUDING BUT NOT LIMITED TO INDIVIDUALS AND ENTITIES PROVIDING ABORTION CARE, ABORTION FUNDS AND OTHER ORGANIZATIONS WHOSE MISSION IS TO EXPAND ACCESS TO ABORTION CARE, TO ENSURE THE PROGRAM STRUCTURE AND EXPENDITURES REFLECT THE NEEDS OF ABORTION PROVID- ERS, ABORTION FUNDS AND CONSUMERS. THE COMMISSIONER MAY MAKE REGULATIONS NECESSARY FOR IMPLEMENTING THE PROGRAM. 5. THE DEPARTMENT AND ANY NON-PROFIT ORGANIZATION OR ABORTION PROVIDER RECEIVING FUNDS FROM THE PROGRAM SHALL TAKE ALL NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY OF THE INDIVIDUALS RECEIVING SERVICES PURSU- ANT TO STATE AND FEDERAL LAWS. THE COMMISSIONER MAY REQUEST AGGREGATE, DE-IDENTIFIED INFORMATION ABOUT HOW FUNDING ALLOCATED PURSUANT TO THE PROGRAM IS SPENT, PROVIDED THAT NO INFORMATION WHICH, ALONE OR IN COMBI- NATION, WOULD PERMIT A PATIENT, PROVIDER, OR AN INDIVIDUAL WHO SOUGHT, RECEIVED, PROVIDED, OR SUPPORTED HEALTH CARE SERVICES UNDER THE PROGRAM TO BE IDENTIFIED MAY BE REQUESTED OR SHARED. § 2. Severability clause. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent juris- diction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remain- der thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2024. PART QQ Section 1. Subdivisions a and b of section 512 of the retirement and social security law, subdivision a as amended by chapter 298 of the laws of 2016, and subdivision b as amended by chapter 18 of the laws of 2012, are amended to read as follows: a. A member's final average salary shall be the average wages earned by such a member during any three consecutive years which provide the highest average wage; provided, however, if the wages earned during any year included in the period used to determine final average salary exceeds that of the average of the previous two years by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary. [Notwithstanding the preceding provisions of this subdivision to the contrary, for a member who first becomes a member of the New York state and local employees' retirement system on or after April first, two thousand twelve, or for a New York city police/fire revised plan member, a New York city enhanced plan member who receives the ordinary disability benefit provided for in subdivision c-1 of section five hundred six of this article or the acci- S. 8306--C 135 A. 8806--C dental disability benefit provided for in paragraph three of subdivision c of section five hundred seven of this article, a New York city uniformed correction/sanitation revised plan member or an investigator revised plan member, a member's final average salary shall be the aver- age wages earned by such a member during any five consecutive years which provide the highest average wage; provided, however, if the wages earned during any year included in the period used to determine final average salary exceeds that of the average of the previous four years by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary.] In determining final average salary pursuant to any provision of this subdivision, where the period used to determine final average salary is the period which immediately precedes the date of retirement, any month or months (not in excess of twelve) which would otherwise be included in computing final average salary but during which the member was on authorized leave of absence at partial pay or without pay shall be excluded from the computation of final average salary and the month or an equal number of months immediately preceding such period shall be substituted in lieu thereof. b. Notwithstanding the provisions of subdivision a of this section, with respect to members of the New York state employees' retirement system [who first become members of the New York state and local employ- ees' retirement system before April first, two thousand twelve], the New York state and local police and fire retirement system and the New York city teachers' retirement system, a member's final average salary shall be equal to one-third of the highest total wages earned during any continuous period of employment for which the member was credited with three years of service credit; provided, however, if the wages earned during any year of credited service included the period used to deter- mine final average salary exceeds the average of the wages of the previ- ous two years of credited service by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary. [For members who first become a member of the New York state and local employees' retirement system on or after April first, two thousand twelve, with respect to members of the New York state and local employees' retirement system, a member's final average salary shall be equal to one-fifth of the highest total wages earned during any continuous period of employment for which the member was credited with five years of service credit; provided, however, if the wages earned during any year of credited service included the period used to deter- mine final average salary exceeds the average of the wages of the previ- ous four years of credited service by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary.] § 2. Subdivisions a and b of section 608 of the retirement and social security law, as amended by chapter 18 of the laws of 2012, are amended to read as follows: a. [For members who first become members of a public retirement system of the state before April first, two thousand twelve, a] A member's final average salary shall be the average wages earned by such a member during any three consecutive years which provide the highest average wage; provided, however, if the wages earned during any year included in the period used to determine final average salary exceeds that of the average of the previous two years by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary. [For members who first become members of the New York S. 8306--C 136 A. 8806--C state and local employees' retirement system or the New York state teachers' retirement system on or after April first, two thousand twelve, a member's final average salary shall be the average wages earned by such member during any five consecutive years which provide the highest average wage; provided, however, if the wages earned during any year included in the period used to determine final average salary exceeds that of the average of the previous four years by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary.] Where the period used to determine final average salary is the period which immediately precedes the date of retirement, any month or months (not in excess of twelve) which would otherwise be included in computing final average salary but during which the member was on authorized leave of absence at partial pay or without pay shall be excluded from the computation of final average salary and the month or an equal number of months immediately preceding such period shall be substituted in lieu thereof. b. Notwithstanding the provisions of subdivision a of this section, with respect to members [who first became members] of the New York state and local employees' retirement system and the New York city teachers' retirement system [before April first, two thousand twelve], a member's final average salary shall be equal to one-third of the highest total wages earned by such member during any continuous period of employment for which the member was credited with three years of service credit; provided, however, if the wages earned during any year of credited service included in the period used to determine final average salary exceeds the average of the wages of the previous two years of credited service by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary. [With respect to members who first become members of the New York state and local employees' retirement system and the New York city teachers' retirement system on or after April first, two thousand twelve, a member's final average salary shall be equal to one-fifth of the highest total wages earned by such member during any continuous period of employment for which the member was credited with five years of service credit; provided, however, if the wages earned during any year of cred- ited service included in the period used to determine final average salary exceeds the average of the wages of the previous four years of credited service by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary.] § 3. Subparagraph (ii) of paragraph 14 of subdivision e of section 13-638.4 of the administrative code of the city of New York, as amended by chapter 18 of the laws of 2012, is amended to read as follows: (ii) Subject to the provisions of subdivision f of this section where those provisions are applicable, and notwithstanding the provisions of subdivisions a and c of section six hundred eight of the RSSL, for a tier IV member of NYCERS who is a New York city revised plan member (as defined in subdivision m of section six hundred one of the RSSL) or a tier IV member of BERS who is a New York city revised plan member, the term "final average salary", as used in article fifteen of the RSSL, shall be equal to [one-fifth] ONE-THIRD of the highest total wages earned by such member during any continuous period of employment for which the member was credited with [five] THREE years of service credit; provided that if the wages earned during any year of credited service included in the period used to determine final average salary exceeds the average of the wages of the previous four years of credited service by more than ten percent, the amount in excess of ten percent shall be S. 8306--C 137 A. 8806--C excluded from the computation of final average salary, provided further that "wages", as used in this paragraph, shall mean the applicable provisions and limitations of the term "wages", as defined in subdivi- sion l of section six hundred one of the RSSL. § 4. Subdivision a of section 1209 of the retirement and social secu- rity law, as amended by chapter 705 of the laws of 2023, is amended to read as follows: a. For members who first become members of the New York state and local police and fire retirement system on or after April first, two thousand twelve, a member's final average salary shall be equal to one- fifth of the highest total wages earned by such member during any continuous period of employment for which the member was credited with five years of service credit; provided, however, if the wages earned during any year of credited service included in the period used to determine final average salary exceeds the average of the wages of the previous four years of credited service by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary. PROVIDED, HOWEVER, BEGINNING ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-FOUR, A MEMBER'S FINAL AVERAGE SALARY SHALL BE EQUAL TO ONE-THIRD OF THE HIGHEST TOTAL WAGES EARNED BY SUCH MEMBER DURING ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER WAS CREDITED WITH THREE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVIOUS TWO YEARS OF CREDITED SERVICE BY MORE THAN TEN PERCENT, THE AMOUNT IN EXCESS OF TEN PERCENT SHALL BE EXCLUDED FROM THE COMPUTA- TION OF FINAL AVERAGE SALARY. Wages in excess of the annual salary paid to the governor pursuant to section three of article four of the state constitution shall be excluded from the computation of final average salary for members who first become members of the New York state and local police and fire retirement system on or after April first, two thousand twelve. § 5. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to section 25 of the retirement and social security law. § 6. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would provide Tier 6 members in the New York State and Local Retirement System a final average salary based on their highest salary earned over three consecutive years, where the salary earned in any year cannot exceed the average of the previous two years by more than 10%. Currently, final average salary for these members is based on their highest salary earned over five consecutive years, where the salary earned in any year cannot exceed the average of the previous four years by more than 10%. The provisions of Section 25 of the Retirement and Social Security Law shall not apply. Insofar as this bill affects the New York State and Local Employees' Retirement System (NYSLERS), the increased costs would be shared by the State of New York and the local participating employers in the NYSLERS. If this bill were enacted during the 2024 Legislative Session, the increase in the present value of benefits would be approximately $1.17 billion. NYSLERS Increase in present Increase in required value benefits contributions Tiers 1 - 5 $0 $220 million Tier 6 $1.17 billion $950 million S. 8306--C 138 A. 8806--C Total $1.17 billion $1.17 billion In the NYSLERS, this benefit improvement will be funded by increasing the billing rates charged annually to cover both retrospective and prospective benefit increases. The annual contribution required of all participating employers in NYSLERS is 0.4% of billable salary, or approximately $51 million to the State of New York and approximately $76 million to the local participating employers. THIS PERMANENT ANNUAL COST WILL INCREASE as Tier 6 salary grows and will vary by employer based upon the plan coverage and salary reported in Tier 6. Insofar as this bill affects the New York State and Local Police and Fire Retirement System (NYSLPFRS), the increased costs would be shared by the State of New York and the local participating employers in the NYSLPFRS. If this bill were enacted during the 2024 Legislative Session, the increase in the present value of benefits would be approximately $341 million. NYSLPFRS Increase in present Increase in required value benefits contributions Tiers 1 - 5 $0 $33 million Tier 6 $341 million $308 million Total $341 million $341 million In the NYSLPFRS, this benefit improvement will be funded by increasing the billing rates charged annually to cover both retrospective and prospective benefit increases. The annual contribution required of all participating employers in the NYSLPFRS is 0.70% of billable salary, or approximately $6.0 million to the State of New York and approximately $25 million to the local participating employers. THE PERMANENT ANNUAL COST WILL INCREASE as Tier 6 salary grows and will vary by employer based upon the plan coverage and salary reported in Tier 6. These estimated costs are based on 265,533 Tier 6 members in the NYSLERS and 16,599 Tier 6 members in the NYSLPFRS, with annual salary of approximately $12 billion and $1.5 billion, respectively, as of March 31, 2023. Summary of relevant resources: Membership data as of March 31, 2023 was used in measuring the impact of the proposed change, the same data used in the April 1, 2023 actuari- al valuation. Distributions and other statistics can be found in the 2023 Report of the Actuary and the 2023 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2023 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2023 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated February 2, 2024, and intended for use only during the 2024 Legislative Session, is Fiscal Note No. 2024-118, prepared by the Actuary for the New York State and Local Retirement System. S. 8306--C 139 A. 8806--C FISCAL NOTE.--Pursuant to Legislative Law, Section 50: As it relates to the New York State Teacher's Retirement System, this bill would amend subdivisions a and b of Section 608 of the Retirement and Social Security Law to change the definition of final average salary for Tier 6 members to be the same as that for Tier 3, 4 and 5 members. The final average salary for Tier 6 members would be based on any three consecutive years which produce the highest average salary. Currently, the final average salary for Tier 6 members is based on the salaries earned during any five consecutive years which provide the highest aver- age salary. Additionally, under the bill, as in Tier 3, 4 and 5, if the salary for any year used in the period exceeds that of the average of the prior two years by more than 10%, the amount in excess of 10% shall be excluded from the computation. Currently, under Tier 6, if the salary for any year used in the period exceeds that of the average of the prior four years by more than 10%, the amount in excess of 10% is excluded from the computation. The annual cost to the employers of members of the New York State Teachers' Retirement System for this benefit is estimated to be $23.1 million or 0.12% of payroll if this bill is enacted. The System's "new entrant rate", a hypothetical employer contribution rate that would occur if we started a new Retirement System without any assets, is equal to 5.31% of pay under the current Tier 6 benefit struc- ture. This can be thought of as the long-term expected employer cost of Tier 6, based on current actuarial assumptions. For the proposed change to the Tier 6 benefit structure under this bill, this new entrant rate is estimated to increase to 5.55% of pay, an increase of 0.24% of pay. Member data is from the System's most recent actuarial valuation files as of June 30, 2023, consisting of data provided by the employers to the Retirement System. The most recent data distributions and statistics can be found in the System's Annual Report for fiscal year ended June 30, 2023. System assets are as reported in the System's financial state- ments and can also be found in the System's Annual Report. Actuarial assumptions and methods are provided in the System's Actuarial Valuation Report as of June 30, 2023. The source of this estimate is Fiscal Note 2024-17 dated February 2, 2024 prepared by the Office of the Actuary of the New York State Teach- ers' Retirement System and is intended for use only during the 2024 Legislative Session. I, Richard A. Young, am the Chief Actuary for the New York State Teachers' Retirement System. I am a member of the Ameri- can Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY: This proposed legislation, as it relates to the New York City Retirement Systems and Pension Funds (NYCRS), would increase the Final Average Salary used to calculate pension benefits for certain Tier 3 and Tier 6 members of NYCRS by reducing the number of years included in the average from five years to three years. EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS by Fiscal Year for the first 25 years ($ in Millions) Year NYCERS TRS BERS POLICE FIRE TOTAL 2025 67.2 56.2 5.7 47.8 19.4 196.3 2026 63.9 54.9 5.9 44.2 21.3 190.2 2027 68.0 57.8 6.2 49.2 23.3 204.5 S. 8306--C 140 A. 8806--C 2028 72.2 60.9 6.5 54.8 25.5 219.9 2029 76.5 64.2 6.9 60.2 27.8 235.6 2030 80.8 67.7 7.2 66.0 30.2 251.9 2031 85.2 71.4 7.6 71.4 32.7 268.3 2032 89.5 75.4 7.9 76.0 35.3 284.1 2033 93.9 79.6 8.3 80.5 38.0 300.3 2034 98.5 84.1 8.7 85.0 40.8 317.1 2035 103.0 88.9 9.0 89.4 43.7 334.0 2036 107.6 93.9 9.4 93.8 46.7 351.4 2037 112.2 99.2 9.8 98.4 49.8 369.4 2038 116.9 104.8 8.0 103.4 53.1 386.2 2039 121.7 110.8 8.5 108.5 56.3 405.8 2040 103.5 116.9 8.9 113.4 59.6 402.3 2041 108.2 123.3 9.3 107.4 63.0 411.2 2042 113.0 129.7 9.7 112.3 66.4 431.1 2043 117.8 136.1 10.2 117.3 64.2 445.6 2044 122.7 123.8 10.6 122.3 67.6 447.0 2045 127.6 130.1 11.1 127.4 70.9 467.1 2046 132.6 136.4 11.5 132.5 74.2 487.2 2047 137.7 142.5 12.0 137.6 77.4 507.2 2048 142.9 148.6 12.5 142.9 80.7 527.6 2049 148.1 154.8 13.0 148.4 83.9 548.2 Employer Contribution impact beyond Fiscal Year 2049 is not shown. Projected contributions include future new hires that may be impacted. The initial increase in employer contributions of $196.3 million is estimated to be $163.2 million for New York City and $33.1 million for the other obligors of NYCRS. INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES as of June 30, 2023 ($ in Millions) Present Value (PV) NYCERS TRS BERS POLICE FIRE PV of Benefits: 633.8 666.9 53.3 570.7 279.6 PV of Employee Contributions: 0.0 0.0 0.0 0.0 0.0 PV of Employer Contributions: 633.8 666.9 53.3 570.7 279.6 Unfunded Accrued Liabilities: 207.9 189.6 17.8 105.3 53.8 AMORTIZATION OF UNFUNDED ACCRUED LIABILITY NYCERS TRS BERS POLICE FIRE Number of Payments: 15 19 13 16 18 Fiscal Year of Last Payment: 2039 2043 2037 2040 2042 Amortization Payment: 22.9 M 18.6 M 2.2 M 10.8 M 5.5 M Additional One-time Payment: 7.0 M 4.0 M 0.0 M 7.5 M 0.0 M Unfunded Accrued Liability (UAL) increases for active members were amortized over the expected remaining working lifetime of those impacted by the benefit changes using level dollar payments. UAL attributable to terminated vested members was recognized in the first year. CENSUS DATA: The estimates presented herein are based on preliminary census data collected as of June 30, 2023. The census data for the impacted population is summarized below. S. 8306--C 141 A. 8806--C NYCERS TRS BERS POLICE FIRE Active Members - Number Count: 92,737 60,663 12,932 20,089 5,030 - Average Age: 42.1 38.1 46.9 32.7 33.5 - Average Service: 4.6 5.0 4.0 6.1 5.5 - Average Salary: 80,600 80,000 56,200 107,400 112,400 Term. Vested Members - Number Count: 4,274 3,999 397 887 9 - Average Age: 41.5 37.9 44.6 34.6 37.6 IMPACT ON MEMBER BENEFITS: Currently, Final Average Salary (FAS) is based on a five-year average, with each year's salary limited to 110% of the average of the prior four year's salaries for the following groups: * Tier 3 and Tier 6 members who joined NYCRS on or after April 1, 2012, and * Tier 3 enhanced members of POLICE and FIRE who retire for disabili- ty. Under the proposed legislation, the FAS for such members would be based on a three-year average, with each year's salary limited to 110% of the average of the prior two year's salaries (prior four year's sala- ries for NYCERS and BERS). The five-year FAS for enhanced disability benefits for Corrections and Sanitation members of NYCERS is provided as part of an agreement under Retirement and Social Security Law Article 25 and is assumed to remain unchanged by this proposed legislation. ASSUMPTIONS AND METHODS: The estimates presented herein have been calculated based on the Revised 2021 Actuarial Assumptions and Methods of the impacted retirement systems. In addition: * New entrants were assumed to replace exiting members so that total payroll increases by 3% each year for impacted groups. New entrant demo- graphics were developed based on data for recent new hires and actuarial judgement. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the actuarial assumptions, methods, and models used, demo- graphics of the impacted population, and other factors such as invest- ment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Quantifying these risks is beyond the scope of this Fiscal Note. This Fiscal Note is intended to measure pension-related impacts and does not include other potential costs (e.g., administrative and Other Postemployment Benefits). STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov- sky are members of the Society of Actuaries and the American Academy of Actuaries. We are members of NYCERS but do not believe it impairs our objectivity and we meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of our knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-10 dated February 2, 2024 was prepared by the Chief Actuary for the New York City Retirement Systems and Pension Funds. This estimate is intended for use only during the 2024 Legislative Session. S. 8306--C 142 A. 8806--C PART RR Section 1. Paragraph (a) of subdivision 2 of section 452 of the tax law, as added by chapter 32 of the laws of 2016, is amended to read as follows: (a) [eight and one-half] THREE percent of gross receipts from ticket sales; and § 2. This act shall take effect December 1, 2024, and shall apply to gross receipts from ticket sales for combative sports matches or exhibi- tions held on or after such date. PART SS Section 1. Legislative findings. The legislature finds that a historic windmill is located on the Southampton campus of the state university of New York at Stony Brook ("Stony Brook"). The Windmill was constructed in 1714 and has been at its current location in Shinnecock Hills since 1888, when it was saved from destruction from its location in the Village of Southampton by Janet Hoyt, the wife of William Hoyt, the builder of the Shinnecock Inn. Janet Hoyt, together with Samuel Parrish, founded the Summer School of Art. It is the only windmill of three in Southampton Village that survived. It has been in its current location for 136 years. In the summer of 1957, Tennessee Williams resided there when he wrote the play "The Day on Which a Man Dies" about the death of his friend Jackson Pollock. The Library Association of America officially desig- nated the Windmill, at its current location, as a literary landmark in 2013. In 1963, when Long Island University established Southampton College, the Windmill became the symbol of the new campus. The Windmill is beloved by thousands of former students, faculty, and administrators who rightly associate it with the very identity of the school. The College newspaper was aptly named "The Windmill". The Windmill has been on everything related to the college including sports uniforms, yearbooks, apparel, and assorted memorabilia. In 2006, Stony Brook University acquired the campus and has continued the legacy of providing quality education to the residents of eastern Long Island. In 2009, Stony Brook led the effort to rehabilitate the Windmill. The Windmill and the adjacent water view quad have been in continuous use hosting innumerable events, readings, receptions, orien- tations, celebrations, workshops, and fundraising dinners. The annual Windmill Lighting during the holiday season continues to be an East End tradition. The current president of Stony Brook University recently stated that "the Stony Brook University campus community is proud to be the caretak- er of the Windmill, a cherished historical icon that has existed in its current location for over a century". However, in recent years, the Windmill has fallen into disrepair due to lack of maintenance and was condemned by the New York State fire marshal in 2023. It is imperative that this historic structure be reha- bilitated and restored so that it can continue to be the "cherished historical icon" and symbol of the Southampton campus. The legislature further finds that the best alternative to secure the future of the Windmill is through a partnership with the town of South- ampton by providing funds for the rehabilitation and restoration of the Windmill through the town community preservation fund. To accomplish S. 8306--C 143 A. 8806--C this partnership the legislature further finds that granting the trus- tees of the State University of New York ("trustees") the authority and power to lease and otherwise contract with the Town of Southampton to make available certain grounds and facilities of Stony Brook's campus will best affect this partnership for the benefit of Stony Brook, the surrounding community, and the general public. § 2. Notwithstanding any other law to the contrary, the state univer- sity trustees are hereby authorized and empowered, without any public bidding, to lease and otherwise contract to make available to the town of Southampton, a municipal corporation (the "ground lessee"), a portion of the lands of the university on its Southampton campus, generally described in this act for the purpose of rehabilitating and restoring the historic Windmill located on such campus. Such lease or contract shall be for a period not exceeding 100 years without any fee simple conveyance and otherwise upon terms and conditions determined by such trustees, subject to the approval of the director of the division of the budget, the attorney general and the state comptroller. If the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately terminate, and the real property and any improvements there- on shall revert to the state university of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improve- ments thereon shall revert to the state university of New York on the expiration of such contract or lease. § 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for purposes of article 15-A of the execu- tive law, and any contractor, subcontractor, lessee or sublessee enter- ing into such contract or lease for the construction, demolition, recon- struction, excavation, rehabilitation, repair, renovation, alteration or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. § 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be deemed public work and shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state, and compliance with all the provisions of article 8 of the labor law shall be required of any lessee, sublessee, contractor or subcontractor on the project, including the enforcement of prevailing wage requirements by the fiscal officer as defined in paragraph e of subdivision 5 of section 220 of the labor law to the same extent as a contract of the state. § 5. Notwithstanding any law, rule or regulation to the contrary, the state university of New York shall not contract out to the town of Southampton or any subsidiary for the instruction or any pedagogical functions or services, or any administrative services, and similar professional services currently being performed by state employees. All such functions and services shall be performed by state employees pursu- ant to the civil service law. Nothing in this act shall result in the displacement of any currently employed state worker or the loss of posi- tion (including partial displacement such as reduction in the hours of nonovertime, wages or employment benefits), or result in the impairment S. 8306--C 144 A. 8806--C of existing contracts for services or collective bargaining rights pursuant to existing agreements. All positions currently at the state university of New York in the unclassified service of the civil service law shall remain in the unclassified service. No services or work on the property described in this act currently performed by public employees or future work that is similar in scope and nature to the work being currently performed by public employees shall be contracted out or privatized by the state university of New York or by an affiliated enti- ty or associated entity of the state university of New York. All such future work shall be performed by public employees. § 6. For the purposes of this act: (a) "project" shall mean work at the property authorized by this act to be leased to the town of Southampton as described in section twelve of this act that involves the design, construction, reconstruction, demolition, excavating, rehabilitation, repair, renovation, alteration or improvement of such property. (b) "project labor agreement" shall mean a pre-hire collective bargaining agreement between a contractor and a labor organization, establishing the labor organization as the collective bargaining repre- sentative for all persons who will perform work on the project, and which provides that only contractors and subcontractors who sign a pre- negotiated agreement with the labor organization can perform project work. § 7. Notwithstanding the provisions of any general, special, or local law or judicial decision to the contrary: (a) the town of Southampton may require a contractor awarded a contract, subcontract, lease, grant, bond, covenant or other agreement for a project to enter into a project labor agreement during and for the work involved with such project when such requirement is part of the ground lessee's request for proposals for the project and when the state university of New York at Stony Brook determines that the record supporting the decision to enter into such an agreement establishes that the interests underlying the competitive bidding laws are best met by requiring a project labor agreement includ- ing obtaining the best work at the lowest possible price; preventing favoritism, fraud and corruption; the impact of delay; the possibility of cost savings; and any local history of labor unrest. (b) If the state university of New York at Stony Brook does not require a project labor agreement, then any contractor, subcontractor, lease, grant, bond, covenant or other agreements for a project shall be awarded pursuant to section 135 of the state finance law. § 8. Nothing in this act shall be deemed to waive or impair any rights or benefits of employees of the state university of New York that other- wise would be available to them pursuant to the terms of agreements between the certified representatives of such employees and the state of New York pursuant to article 14 of the civil service law; all work performed on such property that ordinarily would be performed by employ- ees subject to article 14 of the civil service law shall continue to be performed by such employees. § 9. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the ground lessee, and parties contracting with the ground lessee, and in connection with such activities, the obtaining of funding or financing, whether public S. 8306--C 145 A. 8806--C or private, unsecured or secured, including, but not limited to, secured by leasehold mortgages and assignments of rents and leases, by the ground lessee and parties contracting with the ground lessee for the purposes of completing the project described in this act. § 10. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. § 11. Any contracts entered into pursuant to this act between the ground lessee and parties contracting with the ground lessee shall be awarded by a competitive process. § 12. The property authorized by this act to be leased to the ground lessee is generally described as that parcel of real property with improvements thereon consisting of a total of .2296 acres situated on the Southampton campus of the state university of New York at Stony Brook. The description in this section of the parcel to be made available pursuant to this act is not meant to be a legal description, but is intended only to identify the parcel: BEGINNING AT A POINT WITHIN CURRENT LOT 1 OF BLOCK 1, SECTION 211 BEING DISTANT 1756.22 FEET ONBEARING OF SOUTH 54 DEGREES 34 MINUTES 13 SECONDS WEST FROM THE INTERSECTION OF THE WESTERLYSIDELINE OF TUCKAHOE ROAD (50 FEET WIDE) WITH THE SOUTHERLY SIDELINE OF LOT 9 OF BLOCK 6, SECTION 211 BEING THE LANDS NOW OR FORMERLY OF THE MTA-LIRR RAILROAD. THE SAID BEGINNING POINT HAVING STATEPLANE COORDINATE VALUES (NAD83) OF NORTH 266595.6968 AND EAST 1414088.8790, AND RUNNING FROM THE SAID POINT OF BEGINNING; THENCE RUNNING THROUGH SAID SECTION 211, BLOCK 1, LOT 1 THE FOLLOWING FOUR (4) COURSES: (1) DUE SOUTH, A DISTANCE OF 100.00 FEET; THENCE (2) DUE WEST, A DISTANCE OF 100.00 FEET; THENCE (3) DUE NORTH, A DISTANCE OF 100.00 FEET; THENCE (4) DUE EAST, A DISTANCE OF 100.00 FEET TO THE POINT AND PLACE OF BEGIN- NING. CONTAINING: 10,000 SQUARE FEET OR 0.2296 ACRES OF LAND. Subject to all existing easements and restrictions of record. § 13. The state university of New York shall not lease lands described in this act unless any such lease shall be executed within 5 years of the effective date of this act. § 14. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 15. This act shall take effect immediately. PART TT Section 1. Subdivision 1 of section 2799-gg of the public authorities law, as amended by chapter 182 of the laws of 2009, is amended to read as follows: 1. The authority shall have the power and is hereby authorized from time to time to issue bonds, in conformity with applicable provisions of the uniform commercial code, in such principal amounts as it may deter- S. 8306--C 146 A. 8806--C mine to be necessary pursuant to section twenty-seven hundred ninety- nine-ff of this title to pay the cost of any project and to fund reserves to secure such bonds, including incidental expenses in connection therewith. The aggregate principal amount of such bonds, notes or other obli- gations outstanding shall not exceed [thirteen billion, five hundred million dollars ($13,500,000,000)], BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FOUR, TWENTY-ONE BILLION FIVE HUNDRED MILLION DOLLARS ($21,500,000,000) AND BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE, TWENTY-SEVEN BILLION FIVE HUNDRED MILLION DOLLARS ($27,500,000,000), excluding bonds, notes or other obligations issued pursuant to sections twenty-seven hundred ninety-nine-ss and twenty-seven hundred ninety- nine-tt of this title; provided, however, that upon any refunding or repayment of bonds (which term shall not, for this purpose, include bond anticipation notes), the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than [thirteen billion, five hundred million dollars ($13,500,000,000)], BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FOUR, TWENTY-ONE BILLION FIVE HUNDRED MILLION DOLLARS ($21,500,000,000), AND BEGINNING JULY FIRST, TWO THOUSAND TWEN- TY-FIVE, TWENTY-SEVEN BILLION FIVE HUNDRED MILLION DOLLARS ($27,500,000,000), only if the refunding or repayment bonds, notes or other obligations were issued in accordance with the provisions of subparagraph (a) of subdivision two of paragraph b of section 90.10 of the local finance law, as amended from time to time. Notwithstanding the foregoing, bonds, notes or other obligations issued by the authority may be outstanding in an amount greater than the amount permitted by the preceding sentence, provided that such additional amount at issuance, together with the amount of indebtedness contracted by the city of New York, shall not exceed the limit prescribed by section 104.00 of the local finance law. The authority shall have the power from time to time to refund any bonds of the authority by the issuance of new bonds wheth- er the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds of the authority then outstanding and part- ly to pay the cost of any project pursuant to section twenty-seven hundred ninety-nine-ff of this title. Bonds issued by the authority shall be payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and the city, and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys. § 2. For the purpose of achieving the class size targets, as required by section 211-d of the education law, the city of New York shall increase planned spending on classroom construction by two billion dollars ($2,000,000,000) over and above the planned capital spending detailed in the February 2024 School Construction Authority capital plan. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2024. PART UU Section 1. Subdivision 5-a of section 1204 of the public authorities law, as amended by chapter 931 of the laws of 1984, is amended to read as follows: S. 8306--C 147 A. 8806--C 5-a. To make, amend and repeal rules governing the conduct and safety of the public as it may deem necessary, convenient or desirable for the use and operation of the transit facilities under its jurisdiction, including without limitation rules relating to the protection or mainte- nance of such facilities, the conduct and safety of the public, the payment of fares or other lawful charges for the use of such facilities, the presentation or display of documentation permitting free passage, reduced fare passage or full fare passage on such facilities and the protection of the revenue of the authority. Violations of such rules shall be an offense punishable by a fine of not exceeding twenty-five dollars or by imprisonment for not longer than ten days, or both, or may be punishable by the imposition by the transit adjudication bureau established pursuant to the provisions of this title of a civil penalty in an amount for each violation not to exceed one hundred dollars OR, IN THE CASE OF CERTAIN REPEAT VIOLATIONS RELATING TO THE PAYMENT OF FARES IN ACCORDANCE WITH SUBDIVISION ELEVEN OF SECTION TWELVE HUNDRED NINE-A OF THIS TITLE, NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS (IN EACH CASE exclusive of SUPPLEMENTAL PENALTIES, interest or costs assessed there- on), in accordance with a schedule of such penalties as may from time to time be established by rules of the authority. Such schedule of penal- ties may provide for the imposition of [additional] SUPPLEMENTAL penal- ties, not to exceed a total of fifty dollars for each violation, upon the failure of a respondent in any proceeding commenced with respect to any such violation to make timely response to or appearance in connection with a notice of violation of such rule or to any subsequent notice or order issued by the authority in such proceeding. There shall be no penalty or increment in fine by virtue of a respondent's timely exercise of [his] THEIR right to a hearing or appeal. The rules may provide, in addition to any other sanctions, for the confiscation of tokens, tickets, cards or other fare media that have been forged, coun- terfeit, improperly altered or transferred, or otherwise used in a manner inconsistent with such rules. THE AUTHORITY SHALL NOT USE, OR ARRANGE FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, TO ENFORCE RULES RELATING TO THE PAYMENT OF FARES. § 2. Subdivisions 2, 3, 4, 5, 6, 7 and 10 of section 1209-a of the public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended by chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of subdivision 4 as amended by chapter 460 of the laws of 2015, are amended, and three new subdivisions 11, 12 and 13 are added to read as follows: 2. Hearing officers. The president of the authority shall appoint hearing officers who shall preside at hearings for the adjudication of charges of transit OR RAILROAD infractions, as hereinafter defined and the adjudication of allegations of liability for violations of the rules and regulations of the triborough bridge and tunnel authority in accord- ance with section two thousand nine hundred eighty-five of this chapter, and who, as provided below, may be designated to serve on the appeals board of the bureau. Every hearing officer shall have been admitted to the practice of law in this state for a period of at least three years, and shall be compensated for [his] THEIR services on a per diem basis determined by the bureau. 3. Jurisdiction. The bureau shall have, with respect to acts or inci- dents in or on the transit OR RAILROAD facilities of the authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF committed by or involving persons who are sixteen years of age or over, S. 8306--C 148 A. 8806--C [or with respect to acts or incidents occurring on omnibuses owned or operated by the metropolitan transportation authority or a subsidiary thereof,] and with respect to violation of toll collection regulations of the triborough bridge and tunnel authority as described in section twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic- tion over violations of: (a) the rules which may from time to time be established by the authority under subdivision five-a of section twelve hundred four of this chapter; (b) article one hundred thirty-nine of the health code of the city of New York, as it may be amended from time to time, relating to public transportation facilities; (c) article four of the noise control code of the city of New York, as it may be amended from time to time, insofar as it pertains to sound reproduction devices; (d) the rules and regulations which may from time to time be established by the triborough bridge and tunnel authority in accordance with the provisions of section twenty-nine hundred eighty-five of this chapter; and (e) rules and regulations which may from time to time be established by the metropolitan transportation authority or a subsidiary thereof in accordance with the provisions of section twelve hundred sixty-six of this chapter. Matters within the jurisdiction of the bureau except violations of the rules and regulations of the triborough bridge and tunnel authority shall be known for purposes of this section as transit OR RAILROAD infractions, AS APPLICABLE. Nothing herein shall be construed to divest jurisdiction from any court now having jurisdiction over any criminal charge or traffic infraction relating to any act committed in a transit or toll facility, or to impair the ability of a police officer to conduct a lawful search of a person in a transit OR RAILROAD facility. The criminal court of the city of New York shall continue to have jurisdiction over any criminal charge or traffic infraction brought for violation of the rules of the authority, the triborough bridge and tunnel authority or the metropolitan transporta- tion authority or a subsidiary thereof, as well as jurisdiction relating to any act which may constitute a crime or an offense under any law of the state of New York or any municipality or political subdivision ther- eof and which may also constitute a violation of such rules. The bureau shall have concurrent jurisdiction with the environmental control board and the administrative tribunal of the department of health over the aforesaid provisions of the health code and noise control code of the city of New York. 4. General powers. The bureau shall have the following functions, powers and duties: a. To accept pleas (whether made in person or by mail) to, and to hear and determine, charges of transit AND RAILROAD infractions and allega- tions of civil liability pursuant to section two thousand nine hundred eighty-five of this chapter within its jurisdiction; b. To impose civil penalties [not to exceed a total of one hundred fifty dollars] AND TO ISSUE WARNINGS for any transit OR RAILROAD infrac- tion within its jurisdiction, in accordance with a penalty schedule established by the authority or the metropolitan transportation authori- ty or a subsidiary thereof, as applicable, AND THE CONDITIONS SET FORTH IN SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION AND SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE, except that penal- ties for violations of the health code of the city of New York shall be in accordance with the penalties established for such violations by the board of health of the city of New York, and penalties for violations of the noise code of the city of New York shall be in accordance with the penalties established for such violations by law, and civil penalties S. 8306--C 149 A. 8806--C for violations of the rules and regulations of the triborough bridge and tunnel authority shall be in accordance with the penalties established for such violations by section twenty-nine hundred eighty-five of this chapter; c. In its sole discretion, to suspend or forgive penalties or any portion of penalties imposed on the condition that the respondent volun- tarily agrees to perform and actually does satisfactorily perform unpaid services on transit OR RAILROAD facilities as assigned by the authority, such as, without limitation, cleaning of rolling stock; d. To adopt, amend and rescind rules and regulations not inconsistent with any applicable provision of law to carry out the purposes of this section, including but not limited to rules and regulations prescribing the internal procedures and organization of the bureau, the manner and time of entering pleas, the conduct of hearings, and the amount and manner of payment of penalties; e. To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil actions, as provided below; f. To compile and maintain complete and accurate records relating to all WARNINGS, charges and dispositions, which records shall be deemed exempt from disclosure under the freedom of information law as records compiled for law enforcement purposes, AND PROVIDED THAT, IN THE ABSENCE OF AN ADDITIONAL VIOLATION, RECORDS OF A WARNING ISSUED TO AN INDIVIDUAL IN ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION ELEVEN OF THIS SECTION SHALL BE SEALED OR EXPUNGED AS OF THE DATE THAT IS FOUR YEARS AFTER THE DATE THAT SUCH WARNING WAS ISSUED; g. To apply to a court of competent jurisdiction for enforcement of any decision or order issued by such bureau or of any subpoena issued by a hearing officer as provided in paragraph d of subdivision seven of this section; h. To enter into contracts with other government agencies, with private organizations, or with individuals to undertake on its behalf such functions as data processing, debt collections, mailing, and gener- al administration, as the executive director deems appropriate, except that the conduct by hearing officers of hearings and of appeals may not be performed by outside contractors, AND THAT BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, MAY NOT BE USED OR ARRANGED FOR USE BY OUTSIDE CONTRACTORS TO ENFORCE OR PROCESS TRANSIT AND RAILROAD INFRACTIONS RELATING TO THE PAYMENT OF FARES; i. To accept payment of penalties and to remit same to the authority or the metropolitan transportation authority or a subsidiary thereof, as applicable; and j. To adjudicate the liability of motor vehicle owners for violations of rules and regulations established in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter. 5. Notices of violation. The bureau shall prepare and distribute notices of violation in blank to the transit police and any other person empowered by law, rule and regulation to serve such notices. The form and wording of the notice of violation shall be prescribed by the execu- tive director, and it may be the same as any other notice of violation or summons form already in use if said form meets the requirements here- of. The notice of violation may include provisions to record information which will facilitate the identification and location of respondents, including but not limited to name, address, telephone numbers, date of birth, social security number if otherwise permitted by law, place of S. 8306--C 150 A. 8806--C employment or school, and name and address of parents or guardian if a minor. Notices of violation shall be issued only to persons who are sixteen years of age or over, and shall be served by delivering the notice within the state to the person to be served. A copy of each notice of violation served hereunder shall be filed and retained by said bureau, and shall be deemed a record kept in the ordinary course of business, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. Said notice of violation shall contain information advising the person charged of the manner and the time with- in which such person may either admit or deny the offense charged in the notice. Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and within the time stated in the notice may result in a default decision and order being entered against such person, and the imposition of supplemental penalties as provided in subdivision five-a of section twelve hundred four OR SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-SIX of this chapter. A notice of violation shall not be deemed to be a notice of liability issued pursuant to section two thousand nine hundred eighty- five of this chapter. 6. Defaults. Where a respondent has failed to plead to a notice of violation or to a notice of liability issued pursuant to section two thousand nine hundred eighty-five of this chapter within the time allowed by the rules of said bureau or has failed to appear on a desig- nated hearing date or a subsequent date following an adjournment, such failure to plead or appear shall be deemed, for all purposes, to be an admission of liability and shall be grounds for rendering a default decision and order imposing a penalty in such amount as may be prescribed by the authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF. 7. Hearings. a. (1) A person charged with a transit OR RAILROAD infraction returnable to the bureau or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter who contests such allegation shall be advised of the date on or by which [he or she] SUCH PERSON must appear to answer the charge at a hearing. Notification of such hearing date shall be given either in the notice of violation or in a form, the content of which shall be prescribed by the executive director or in a manner prescribed in section two thousand nine hundred eighty-five of this chapter. Any such notification shall contain a warning to advise the person charged that failure to appear on or by the date designated, or any subsequent rescheduled or adjourned date, shall be deemed for all purposes, an admission of liability, and that a default judgment may be rendered and penalties may be imposed. Where notification is given in a manner other than in the notice of violation, the bureau shall deliver such notice to the person charged, either personally or by registered or certified mail. (2) Whenever a person charged with a transit OR RAILROAD infraction or alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter returnable to the bureau requests an alternate hearing date and is not then in default as defined in subdivision six of this section, the bureau shall advise such person personally, or by registered or certified mail, of the alternate hearing date on or by which [he or she] SUCH PERSON must appear to answer the charge or allegation at a hearing. The form and content of such notice of hearing shall be prescribed by the executive director, and shall contain a warning to advise the person charged or alleged to S. 8306--C 151 A. 8806--C be liable that failure to appear on or by the alternate designated hear- ing date, or any subsequent rescheduled or adjourned date, shall be deemed for all purposes an admission of liability, and that a default judgment may be rendered and penalties may be imposed. (3) Whenever a person charged with a transit OR RAILROAD infraction or alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter returnable to the bureau appears at a hearing and obtains an adjournment of the hearing pursuant to the rules of the bureau, the bureau shall advise such person personally, or by registered or certified mail, of the adjourned date on which [he or she] SUCH PERSON must appear to answer the charge or alle- gation at a continued hearing. The form and content of such notice of a continued hearing shall be prescribed by the executive director, and shall contain a warning to advise the person charged or alleged to be liable that failure to appear on the adjourned hearing date shall be deemed for all purposes an admission of liability, and that a default judgment may be rendered and penalties may be imposed. b. Every hearing for the adjudication of a charge of a transit OR RAILROAD infraction or an allegation of liability under section two thousand nine hundred eighty-five of this chapter hereunder shall be held before a hearing officer in accordance with the rules and regu- lations promulgated by the bureau. c. The hearing officer shall not be bound by the rules of evidence in the conduct of the hearing, except rules relating to privileged communi- cations. d. The hearing officer may, in [his or her] THEIR discretion, or at the request of the person charged or alleged to be liable on a showing of good cause and need therefor, issue subpoenas to compel the appear- ance of any person to give testimony, and issue subpoenas duces tecum to compel the production for examination or introduction into evidence of any book, paper or other thing relevant to the charges. e. In the case of a refusal to obey a subpoena, the bureau may make application to the supreme court pursuant to section twenty-three hundred eight of the civil practice law and rules, for an order requir- ing such appearance, testimony or production of materials. f. The bureau shall make and maintain a sound recording or other record of every hearing. g. After due consideration of the evidence and arguments, the hearing officer shall determine whether the charges or allegations have been established. No charge may be established except upon proof by clear and convincing evidence except allegations of civil liability for violations of triborough bridge and tunnel authority rules and regulations will be established in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter. Where the charges have not been established, an order dismissing the charges or allegations shall be entered. Where a determination is made that a charge or allegation has been established or if an answer admitting the charge or allegation has been received, the hearing officer shall set a penalty in accordance with the penalty schedule established by the authority OR THE METROPOL- ITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES, or for allegations of civil liability in accordance with the provisions of section two thou- sand nine hundred eighty-five of this chapter and an appropriate order shall be entered in the records of the bureau. The respondent shall be given notice of such entry in person or by certified mail. This order shall constitute the final determination of the hearing officer, and for purposes of review it shall be deemed to incorporate any intermediate S. 8306--C 152 A. 8806--C determinations made by said officer in the course of the proceeding. When no appeal is filed this order shall be the final order of the bureau. 10. Funds. All penalties collected pursuant to the provisions of this section shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the METROPOLITAN TRANSPORTATION authority, in its discretion, to reduce the incidence of crimes and infractions on transit AND RAILROAD facilities, or to improve the enforcement of laws against such crimes and infractions. Such funds shall be in addition to and not in substitution for any funds provided by the state or ANY POLITICAL SUBDIVISION WITHIN the [city of New York] METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THIS ARTICLE for such purposes. 11. CIVIL PENALTIES RELATING TO PAYMENT OF TRANSIT FARE VIOLATIONS. CIVIL PENALTIES IMPOSED BY THE BUREAU IN CONNECTION WITH A VIOLATION BY A RESPONDENT OF THE RULES OF THE AUTHORITY OR THE MTA BUS COMPANY RELAT- ING TO THE PAYMENT OF FARES SHALL ADHERE TO THE FOLLOWING CONDITIONS: A. A VIOLATION THAT IS THE FIRST SUCH VIOLATION BY A RESPONDENT COMMITTED IN ANY FOUR YEAR PERIOD SHALL, ABSENT EXCEPTIONAL CIRCUM- STANCES INCLUDING A CONCURRENT VIOLATION OR VIOLATIONS BY SUCH INDIVID- UAL OF THE PENAL LAW OR THE RULES OF CONDUCT OF THE NEW YORK CITY TRANS- IT AUTHORITY OR THE MTA BUS COMPANY WHICH CAUSES OR MAY TEND TO CAUSE HARM TO ONESELF OR TO ANY OTHER PERSON, OR TO THE SAFE OPERATION OF THE TRANSIT SYSTEM, BE PUNISHABLE ONLY BY AN OFFICIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF THE AUTHORITY IN ALL RESPECTS; PROVIDED THAT SUCH WARNING SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS A PREDICATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU OF A CIVIL PENALTY ON SUCH RESPONDENT PURSUANT TO THIS SUBDIVISION IN THE EVENT OF A SUBSEQUENT VIOLATION, AND PROVIDED FURTHER THAT SUCH INFORMA- TION SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDI- CATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF THE NOTICE OF VIOLATION PURSUANT TO THIS SUBDIVISION OR FOR INSPECTION AND COPYING AND USE BY THE RESPOND- ENT. B. A PENALTY FOR A VIOLATION THAT IS THE SECOND SUCH VIOLATION BY A RESPONDENT COMMITTED IN ANY FOUR YEAR PERIOD SHALL NOT EXCEED ONE HUNDRED DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES, INTEREST OR COSTS ASSESSED THEREON). UPON PAYMENT BY SUCH RESPONDENT OF THE PENALTY IN FULL BY THE DATE DUE FOR SUCH PAYMENT, ABSENT EXCEPTIONAL CIRCUMSTANCES AS SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, THE BUREAU SHALL ISSUE A FARECARD TO THE RESPONDENT FOR USE ON TRANSIT FACILITIES IN AN AMOUNT NOT TO EXCEED ONE-HALF OF THE PENALTY AMOUNT. C. A PENALTY FOR A VIOLATION THAT IS THE THIRD OR SUBSEQUENT SUCH VIOLATION BY A RESPONDENT COMMITTED IN ANY FOUR YEAR PERIOD SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES, INTEREST OR COSTS ASSESSED THEREON). D. IN THE CASE OF A VIOLATION BY A RESPONDENT WHO AT THE TIME OF SUCH VIOLATION IS ENROLLED IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT, THE PENALTY AMOUNT FOR SUCH VIOLATION SHALL NOT EXCEED FIFTY PERCENT OF THE PENALTY AMOUNT APPLICABLE TO SUCH VIOLATION PURSUANT TO THE SCHEDULE OF SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES OF THE AUTHORITY IN ACCORDANCE WITH PARAGRAPHS A THROUGH C OF THIS SUBDIVISION S. 8306--C 153 A. 8806--C (EXCLUSIVE OF SUPPLEMENTAL PENALTIES, INTEREST OR COSTS ASSESSED THERE- ON). E. NOTWITHSTANDING PARAGRAPHS A THROUGH D OF THIS SUBDIVISION, THE BUREAU SHALL FORGIVE PENALTIES OR ANY PORTION OF PENALTIES IMPOSED ON A RESPONDENT FOR A VIOLATION OF THE RULES OF THE AUTHORITY OR OF THE MTA BUS COMPANY RELATING TO THE PAYMENT OF FARES ON THE CONDITION THAT THE RESPONDENT ENROLLS IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT. 12. CIVIL PENALTIES RELATING TO PAYMENT OF RAILROAD FARE VIOLATIONS. CIVIL PENALTIES IMPOSED BY THE BUREAU IN CONNECTION WITH A VIOLATION BY A RESPONDENT OF THE RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPOR- TATION AUTHORITY OR ANY OF ITS SUBSIDIARIES RELATING TO THE PAYMENT OF FARES TO THE METRO-NORTH RAILROAD AND LONG ISLAND RAIL ROAD SHALL ADHERE TO THE FOLLOWING CONDITIONS: A. IN THE CASE OF A VIOLATION BY A RESPONDENT WHO AT THE TIME OF SUCH VIOLATION IS ENROLLED IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT, THE PENALTY AMOUNT FOR SUCH VIOLATION SHALL NOT EXCEED FIFTY PERCENT OF THE PENALTY AMOUNT APPLICABLE TO SUCH VIOLATION PURSUANT TO THE SCHEDULE OF SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES OF THE AUTHORITY OR METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OF ITS SUBSID- IARIES. B. NOTWITHSTANDING THE RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OF ITS SUBSIDIARIES, THE BUREAU SHALL FORGIVE PENALTIES OR ANY PORTION OF PENALTIES IMPOSED ON A RESPONDENT FOR A VIOLATION OF THE RULES OF THE AUTHORITY OR OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OF ITS SUBSIDIARIES RELATING TO THE PAYMENT OF FARES TO THE METRO-NORTH RAILROAD OR LONG ISLAND RAIL ROAD ON THE CONDITION THAT THE RESPONDENT ENROLLS IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT. 13. REPORTING. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVI- SION, THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL BEGIN PUBLISHING THROUGH THE OPEN DATA WEBSITE ESTABLISHED UNDER SECTION TWELVE HUNDRED SEVENTY-NINE-I OF THIS ARTICLE, DATA REGARDING FARE EVASION INFRACTIONS ADJUDICATED BY THE BUREAU, INCLUDING WITHOUT LIMITATION THE NUMBER OF TRANSIT AND RAILROAD INFRACTIONS ISSUED BY LOCATION INCLUDING, TO THE EXTENT ASCERTAINABLE, THE SUBWAY STOP, BUS ROUTE AND/OR STOP IF APPLICA- BLE, THE NUMBER AND PERCENTAGE OF TRANSIT OR RAILROAD INFRACTIONS FOR WHICH A WRITTEN WARNING WAS ISSUED BROKEN DOWN BY LOCATION INCLUDING, TO THE EXTENT ASCERTAINABLE, THE SUBWAY STOP, BUS ROUTE AND/OR STOP IF APPLICABLE, THE DATE AND TIME OF DAY OF EACH INFRACTION, THE NUMBER AND PERCENTAGE OF TRANSIT AND RAILROAD INFRACTIONS ISSUED WHEREIN THE INFRACTION WAS A SECOND OR SUBSEQUENT INFRACTION ALLEGED AGAINST THE RESPONDENT, AND SUCH OTHER INFORMATION AS THE AUTHORITY OR BUREAU DEEM APPROPRIATE. NO IDENTIFIABLE INFORMATION ABOUT INDIVIDUAL VIOLATIONS SHALL BE PUBLISHED IN SUCH REPORTING. § 3. Subdivision 4 of section 1266 of the public authorities law, as amended by chapter 460 of the laws of 2015, is amended to read as follows: 4. The authority may establish and, in the case of joint service arrangements, join with others in the establishment of such schedules and standards of operations and such other rules and regulations includ- ing but not limited to rules and regulations governing the conduct and safety of the public as it may deem necessary, convenient or desirable for the use and operation of any transportation facility and related S. 8306--C 154 A. 8806--C services operated by the authority or under contract, lease or other arrangement, including joint service arrangements, with the authority. Such rules and regulations governing the conduct and safety of the public shall be filed with the department of state in the manner provided by section one hundred two of the executive law. In the case of any conflict between any such rule or regulation of the authority governing the conduct or the safety of the public and any local law, ordinance, rule or regulation, such rule or regulation of the authority shall prevail. Violation of any such rule or regulation of the authority OR ANY OF ITS SUBSIDIARIES governing the conduct or the safety of the public in or upon any facility of the authority OR ANY OF ITS SUBSID- IARIES shall constitute an offense and shall be punishable by a fine not exceeding fifty dollars or imprisonment for not more than thirty days or both or may be punishable by the imposition of a civil penalty by the transit adjudication bureau established pursuant to the provisions of title nine of this article, EXCEPT THAT CIVIL PENALTIES RELATING TO THE PAYMENT OF FARES MAY BE PUNISHABLE BY THE IMPOSITION OF A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS, PROVIDED THAT CIVIL PENALTIES RELATING TO THE PAYMENT OF FARES TO THE MTA BUS COMPANY AND THE METRO- NORTH RAILROAD AND LONG ISLAND RAIL ROAD SHALL BE IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN SUBDIVISIONS ELEVEN AND TWELVE OF SECTION TWELVE HUNDRED NINE-A OF THIS ARTICLE, AS APPLICABLE. § 4. The metropolitan transportation authority shall issue findings and a report on the effects of fare evasion on the authority, its subsidiaries and affiliates, including information about the quality of the bureau's adjudication process and recommendations for improvement of that process. Such report shall be published and delivered to the gover- nor, temporary president of the senate, and the speaker of the assembly by January 1, 2028. § 5. This act shall take effect January 1, 2025. Effective immediate- ly, 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 VV Section 1. Study. The office of children and family services shall, within eighteen months from the effective date of this act, conduct and complete a study to evaluate the feasibility of providing after school programming during the academic year to every school-aged child in New York. Such study shall examine, at a minimum, the following: (a) the costs of implementing an after school program, including but not limited to programming, facility, transportation, labor, and securi- ty costs. The study shall also examine the cost burdens borne by fami- lies, municipalities, New York state, and the federal government, and how those costs might more effectively be shared in a universal program; (b) per-child pay rates for current after school providers; (c) to the extent practicable, current accessibility to subsidized after school programming during the academic year; (d) opportunities for inter- and intra-agency collaboration in deliv- ering after school programming, including but not limited to opportu- nities for the department of education, division of criminal justice services, local youth bureaus, and provider agencies to share resources, best practices, and relevant information to deliver effective after school programming; and S. 8306--C 155 A. 8806--C (e) any other relevant topic areas deemed necessary to assist in delivering after school programming in New York state. § 2. Report. No later than ninety days after such study has been completed pursuant to section one of this act, the office of children and family services shall complete a report based on such study on the feasibility and costs to implement an after school program for every school-aged child within the state of New York, and shall deliver such report to the governor, the temporary president of the senate, and the speaker of the assembly. The commissioner of the office of children and family services may acquire directly from the head of any department, agency, or instrumentality of the state any available non-identifying information which the office considers useful in the discharge of their duties under this section and such departments, agencies, or instrumen- talities of the state shall cooperate with the office with respect to such information and shall furnish all information requested by the office to the extent permitted by law. § 3. This act shall take effect immediately. PART WW Section 1. This Part enacts into law components of legislation relat- ing to toll enforcement. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes 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 Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Subparagraphs (i) and (ii) of paragraph (b) of subdivision 1 of section 402 of the vehicle and traffic law, as amended by chapter 451 of the laws of 2021, are amended and a new subparagraph (ii-a) is added to read as follows: (i) Number plates shall be kept clean and in a condition so as to be easily readable [and shall not be covered by glass or any plastic mate- rial]. (ii) Number plates shall not be knowingly covered or coated with any [artificial or synthetic] material or substance that conceals or obscures such number plates or that distorts a recorded or photographic image of such number plates. (II-A) NUMBER PLATES SHALL NOT BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, NOR SHALL THEY BE COVERED WITH A MATERIAL APPEARING TO BE A NUMBER PLATE FOR DISPLAY AS PROOF OF LAWFUL REGISTRATION BUT WHICH HAS NOT BEEN LAWFULLY ISSUED BY THE COMMISSIONER, THE COMMISSIONER'S AGENT, OR THE EQUIVALENT OFFICIAL OR AGENTS FROM ANOTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION. § 2. Subdivision 7 of section 402 of the vehicle and traffic law, as added by chapter 648 of the laws of 2006, is amended to read as follows: 7. It shall be unlawful for any person, firm, partnership, associ- ation, limited liability company or corporation to sell, offer for sale or distribute any: S. 8306--C 156 A. 8806--C (A) artificial or synthetic material or substance for the purpose of application to a number plate that will, upon application to a number plate, distort a recorded or photographic image of such number plate; OR (B) PLATE COVER, MATERIAL OR DEVICE FOR THE PURPOSE OF INSTALLATION ON, NEAR OR AROUND A NUMBER PLATE THAT WILL, UPON INSTALLATION ON, NEAR OR AROUND A NUMBER PLATE, OBSTRUCT OR OBSCURE ALL OR ANY PART OF THE DISTINGUISHING NUMBER OR OTHER IDENTIFICATION MARKS OF SUCH NUMBER PLATE; OR (C) A MATERIAL APPEARING TO BE A NUMBER PLATE FOR DISPLAY AS PROOF OF LAWFUL REGISTRATION BUT WHICH HAS NOT BEEN LAWFULLY ISSUED BY THE COMMISSIONER, THE COMMISSIONER'S AGENT, OR THE EQUIVALENT OFFICIAL OR AGENTS FROM ANOTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION. § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 451 of the laws of 2021, is amended to read as follows: 8. A violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars, except that [a] : (A) A violation of subparagraph (ii), SUBPARAGRAPH (II-A) or subpara- graph (iii) of paragraph (b) of subdivision one of this section shall be punishable by a fine of not less than [fifty] ONE HUNDRED nor more than [three] FIVE hundred dollars. (B) A PERSON CONVICTED OF A VIOLATION OF SUBPARAGRAPH (II-A) OF PARA- GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL SURRENDER THE GLASS OR PLASTIC COVERING OR MATERIAL APPEARING TO BE A NUMBER PLATE, AS APPLICABLE, TO THE COURT OR ADMINISTRATIVE TRIBUNAL FOR DELIVERY TO THE COMMISSIONER. (C) UPON CONVICTION OF A VIOLATION OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, THE COURT OR ADMINISTRATIVE TRIBUNAL HAVING JURISDICTION MAY, IN ADDITION TO ANY PENALTY THAT MAY BE IMPOSED FOR SUCH VIOLATION, ORDER THE REMOVAL OF ANY MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR THE REPLACE- MENT OF SUCH NUMBER PLATES. § 4. The vehicle and traffic law is amended by adding a new section 402-b to read as follows: § 402-B. OBSCURED AND OBSTRUCTED LICENSE PLATES. 1. IF ANY VEHICLE IS DRIVEN OR OPERATED ON A PUBLIC HIGHWAY IN VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE AND IS COMMITTED IN THEIR PRESENCE, A POLICE OFFICER, AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER, SHALL BE AUTHORIZED TO TAKE SUCH ACTIONS AS MAY BE REQUIRED OR PERMITTED BY THE PROVISIONS OF THIS SECTION. 2. IF THE VEHICLE IS BEING DRIVEN OR OPERATED IN VIOLATION OF SUBPARA- GRAPH (II), (II-A) OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE, SUCH OFFICER SHALL ISSUE A SUMMONS, PROVIDED, HOWEVER, THAT A SUMMONS SHALL NOT BE ISSUED IF, IN THE DISCRETION AND AT THE REQUEST OF SUCH OFFICER, THE DEFECT IS CORRECTED IN THE PRESENCE OF SUCH OFFICER. THE REFUSAL OF A POLICE OFFI- CER TO PERMIT THE REPAIR OF ANY DEFECT IN THEIR PRESENCE SHALL NOT BE REVIEWABLE, AND SHALL NOT BE A DEFENSE TO ANY VIOLATION CHARGED IN A SUMMONS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION. 3. ANY COMPLAINT ISSUED FOR ANY VIOLATION OF SUBPARAGRAPH (II), (II-A) OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE MAY BE DISMISSED BY THE COURT BEFORE WHICH THE SUMMONS IS RETURNABLE IF THE VIOLATION AS SET FORTH IN THE SUMMONS IS CORRECTED S. 8306--C 157 A. 8806--C NOT LATER THAN ONE-HALF HOUR AFTER SUNSET ON THE FIRST FULL BUSINESS DAY AFTER THE ISSUANCE OF THE SUMMONS AND PROOF OF SUCH CORRECTION IS SUBMITTED TO THE COURT OR ADMINISTRATIVE TRIBUNAL. FOR THE PURPOSES OF THIS SUBDIVISION, "BUSINESS DAY" SHALL MEAN ANY CALENDAR DAY EXCEPT SATURDAY AND SUNDAY, OR THE FOLLOWING BUSINESS HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, COLUM- BUS DAY, VETERANS' DAY, THANKSGIVING DAY, AND CHRISTMAS DAY. § 5. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 4-h to read as follows: 4-H. SUSPENSION OF REGISTRATION FOR COVERING LICENSE PLATES WITH A LICENSE PLATE COVER OR MATERIAL APPEARING TO BE A NUMBER PLATE OR OBSCURING LICENSE PLATES WITH ANY MATERIAL OR SUBSTANCE. (A) UPON RECEIPT OF A NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL THAT AN OWNER OF A MOTOR VEHICLE HAS BEEN CONVICTED THREE OR MORE TIMES WITHIN A PERIOD OF FIVE YEARS OF A VIOLATION OF SUBPARAGRAPH (II), (II-A) OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER NOT ARISING OUT OF THE SAME INCIDENT, THE COMMISSIONER OR THE COMMISSIONER'S AGENT MAY SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE INVOLVED IN SUCH VIOLATION FOR A PERIOD OF NINETY DAYS. THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMIS- SIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH DENIAL SHALL REMAIN IN EFFECT ONLY AS LONG AS THE SUSPENSION ENTERED PURSUANT TO THIS PARAGRAPH REMAINS IN EFFECT. (B) UPON RECEIPT OF NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL THAT AN OWNER OF A MOTOR VEHICLE HAS FAILED TO COMPLY WITH PARAGRAPH (B) OR (C) OF SUBDIVISION EIGHT OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER, THE COMMISSIONER OR THE COMMISSIONER'S AGENT MAY SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE INVOLVED IN SUCH VIOLATION AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS THE COMMIS- SIONER IS ADVISED THAT SUCH OWNER HAS COMPLIED WITH SUCH PARAGRAPHS, AS APPLICABLE. THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMIS- SIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH DENIAL SHALL REMAIN IN EFFECT ONLY AS LONG AS THE SUSPENSION ENTERED PURSUANT TO THIS PARAGRAPH REMAINS IN EFFECT. § 6. Subdivision 8 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 8. (A) Adjudication of the liability imposed upon owners by this section shall be by the entity having jurisdiction over violations of the rules and regulations of the public authority serving the notice of liability or where authorized by an administrative tribunal and all violations shall be heard and determined in the county in which the violation is alleged to have occurred, or in New York city and upon the consent of both parties, in any county within New York city in which the public authority operates or maintains a facility, and in the same S. 8306--C 158 A. 8806--C manner as charges of other regulatory violations of such public authori- ty or pursuant to the rules and regulations of such administrative tribunal as the case may be. (B) UPON EXHAUSTION OF REMEDIES PURSUANT TO THIS SECTION OR SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE-A OF THIS TITLE, AS APPLICABLE, THE NEW YORK STATE BRIDGE AUTHORITY, THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, AND PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINE- TEEN HUNDRED TWENTY-ONE, SHALL HAVE THE POWER TO ENTER JUDGMENTS FOR UNPAID LIABILITIES, PROVIDED THAT SUCH UNPAID LIABILITIES INCLUDE THE FAILURE TO PAY TOLLS, FEES, OR OTHER CHARGES OR THE FAILURE TO HAVE SUCH TOLLS, FEES OR OTHER CHARGES DISMISSED OR TRANSFERRED IN RESPONSE TO THREE OR MORE NOTICES OF VIOLATION ISSUED WITHIN A FIVE YEAR PERIOD CHARGING THE REGISTRANT OF A MOTOR VEHICLE WITH A VIOLATION OF TOLL COLLECTION REGULATIONS, AND TO ENFORCE SUCH JUDGMENTS, WITHOUT COURT PROCEEDINGS, IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY JUDGMENTS IN CIVIL ACTIONS IN ANY COURT OF COMPETENT JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK, AFTER A PERIOD OF NOTICE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. THE APPLICABLE TOLLING AUTHORITY SHALL NOT ENFORCE SUCH JUDGMENTS UNTIL THIRTY DAYS HAVE ELAPSED FROM ISSUING A NOTICE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. (C) PRIOR TO ENTERING JUDGMENTS FOR UNPAID LIABILITIES PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE APPLICABLE TOLLING AUTHORITY SHALL NOTIFY THE PERSON SUBJECT TO SUCH JUDGMENT, BY FIRST CLASS MAIL, THAT SUCH PERSON IS AT RISK OF ENTRY OF A JUDGMENT AGAINST THEM IF THEY FAIL TO PAY SUCH UNPAID LIABILITIES. THE FORM AND CONTENT OF SUCH NOTICE SHALL BE PRESCRIBED BY THE APPLICABLE TOLLING AUTHORITY, AND SHALL CONTAIN A WARNING TO ADVISE THE PERSON THAT FAILURE TO PAY THE APPLICA- BLE UNPAID LIABILITIES WITHIN A PERIOD OF NOT LESS THAN THIRTY DAYS OF SUCH NOTICE WILL RESULT IN THE ENFORCEMENT OF A JUDGMENT AGAINST THEM, AND SHALL FURTHER CONTAIN INFORMATION ABOUT THE PROCESS TO DISPUTE SUCH LIABILITIES, CONSISTENT WITH THIS SECTION OR SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE-A OF THIS TITLE, AS APPLICABLE. § 7. This act shall take effect September 1, 2024; provided, however, that the provisions of sections one, two, three, four and five of this act shall apply to violations committed on and after such date. Effec- tive 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 on or before such date. SUBPART B Section 1. This act shall be known and may be cited as the "toll by mail enhancement act". § 2. The public authorities law is amended by adding a new section 2985-a to read as follows: § 2985-A. PAYMENT OF TOLLS UNDER THE TOLLS BY MAIL PROGRAM. 1. THIS SECTION SHALL NOT APPLY TO THE PAYMENT OF TOLLS BY MEANS OF AN ELECTRON- IC TOLL DEVICE THAT TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWENTY- NINE HUNDRED EIGHTY-FIVE OF THIS TITLE. 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: S. 8306--C 159 A. 8806--C (A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL ROADWAY, BRIDGE OR TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY. (B) "OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR- RING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE TOLL BILL OR NOTICE OF VIOLATION: (I) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR (II) HAS TITLE TO SUCH VEHICLE; OR (III) IS THE REGISTRANT OR CO-REGIS- TRANT OF SUCH VEHICLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROV- INCE, NATION OR OTHER JURISDICTION; OR (IV) SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (V) IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON. (C) "TOLL BILL" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED IN OR UPON A CASHLESS TOLLING FACILITY AND THE OWNER HAS INCURRED AN OBLIGATION TO PAY A TOLL. (D) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY- ING SUCH OWNER THAT A TOLL INCURRED AT A CASHLESS TOLLING FACILITY BY THE OWNER HAS NOT BEEN PAID AT THE PLACE AND TIME AND IN THE MANNER ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL AND THAT AN ADMINISTRATIVE VIOLATION FEE IS BEING IMPOSED FOR EACH SUCH UNPAID TOLL. (E) "BILLING CYCLE" SHALL MEAN A PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS ONCE TOLLS HAVE POSTED FOR PURPOSES OF CONSOLIDATED TOLL BILLING. (F) "INITIAL BILLING CYCLE" SHALL MEAN A PERIOD NOT TO EXCEED FIFTEEN BUSINESS DAYS AFTER IDENTIFYING THE OWNER OR OTHER PARTY RESPONSIBLE FOR PAYING THE TOLL FOR THE PURPOSE OF CONSOLIDATED TOLL BILLING FOR AN OBLIGATION TO PAY A TOLL BILL FOR THE FIRST TIME AT A CASHLESS TOLLING FACILITY IN A SIX-MONTH PERIOD. (G) "TOLLS BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON BEHALF OF A PUBLIC AUTHORITY TO SEND A TOLL BILL TO AN OWNER WHOSE VEHI- CLE CROSSES A CASHLESS TOLLING FACILITY WITHOUT A VALID ELECTRONIC DEVICE THAT SUCCESSFULLY TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWEN- TY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE. (H) "DECLARATION OF DISPUTE" SHALL MEAN A SUBMISSION BY AN OWNER DISPUTING ALL OR ANY PORTION OF A TOLL, FEE, PENALTY, OR OTHER OBLI- GATION INCURRED BY AN OWNER WHOSE VEHICLE CROSSES A CASHLESS TOLLING FACILITY, IN SUCH FORM AS THE PUBLIC AUTHORITY SHALL PROVIDE IN REGU- LATIONS AND THROUGH DISPLAY ON THE AUTHORITY'S WEBSITE. 3. IN THE CASE OF AN OWNER WHO INCURS AN OBLIGATION TO PAY A TOLL FOR THE FIRST TIME IN SIX MONTHS UNDER THE TOLLS BY MAIL PROGRAM AT A CASH- LESS TOLLING FACILITY, A TOLL BILL SHALL BE SENT WITHIN TEN BUSINESS DAYS AFTER THE END OF THE INITIAL BILLING CYCLE AND OF EACH SUBSEQUENT BILLING CYCLE. IN THE CASE OF ALL OTHER OWNERS INCURRING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, A TOLL BILL SHALL BE SENT AT THE END OF THE NEXT BILLING CYCLE. TOLL BILLS SHALL BE SENT TO THE OWNER BY FIRST CLASS MAIL, AND MAY ADDITIONALLY BE SENT BY ELECTRONIC MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER, BY OR ON BEHALF OF THE PUBLIC AUTHORITY WHICH OPERATES SUCH CASHLESS TOLLING FACILITY. THE OWNER SHALL HAVE THIRTY DAYS FROM THE DATE OF THE TOLL BILL TO PAY THE INCURRED TOLL. THE TOLL BILL SHALL INCLUDE: (I) THE TOTAL AMOUNT OF THE INCURRED TOLLS DUE, (II) THE DATE BY WHICH PAYMENT S. 8306--C 160 A. 8806--C OF THE INCURRED TOLLS IS DUE, (III) ANY ADMINISTRATIVE FEES, (IV) THE ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF PAYMENT FOR THE TOLL, (V) THE PROCEDURE FOR CONTESTING ANY TOLL AND THE CONTACT INFORMATION FOR THE RELEVANT TOLL PAYER ADVOCATE OFFICE AND CUSTOMER SERVICE CENTER, (VI) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO THE NOTICE OF LIABILITY, IN ADDITION TO THE POSSIBILITY THAT A JUDGMENT CAN BE ENTERED FOR REPEAT UNPAID LIABILITIES THAT COULD LEAD TO A VEHICLE BEING TOWED OR IMMOBILIZED, (VII) A WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED BY ELECTRONIC MEANS, (VIII) INFORMATION RELATED TO THE AVAIL- ABILITY OF THE TOLL PAYER ADVOCATE TO DISCUSS PAYMENT OPTIONS, AND (IX) OTHER INFORMATION REQUIRED BY LAW OR BY THE PUBLIC AUTHORITY. EACH TOLL BILL SHALL IDENTIFY THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER, AND JURISDICTION OF THE LICENSE PLATE FOR EACH TOLL THAT HAS BEEN INCURRED. EACH TOLL BILL SHALL INCLUDE AN IMAGE OF THE LICENSE PLATE OF THE VEHI- CLE BEING USED OR OPERATED ON THE TOLL FACILITY. IF THE OWNER FAILS TO PAY THE INITIAL TOLL BILL, A SECOND TOLL BILL SHALL BE SENT IN THE NEXT BILLING CYCLE, WHICH SHALL ALSO INDICATE THE OVERDUE TOLL OR TOLLS AND ANY ADMINISTRATIVE OR LATE FEES DUE. 4. IN THE CASE OF AN OWNER WHO DOES NOT PAY A TOLL INCURRED UNDER THE TOLLS BY MAIL PROGRAM ON A CASHLESS FACILITY AT THE PLACE AND TIME AND IN THE MANNER ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE SECOND TOLL BILL, A NOTICE OF VIOLATION SHALL BE SENT NOTIFYING THE OWNER THAT THE TOLL IS UNPAID AND ADMINISTRATIVE VIOLATION FEES ARE BEING IMPOSED. THE NOTICE OF VIOLATION SHALL BE SENT TO THE OWNER BY FIRST CLASS MAIL, AND MAY ADDITIONALLY BE SENT BY ELECTRONIC MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER, BY OR ON BEHALF OF THE PUBLIC AUTHORI- TY WHICH OPERATES SUCH CASHLESS TOLLING FACILITY. THE NOTICE OF VIOLATION SHALL INCLUDE: (I) THE TOTAL AMOUNT OF UNPAID TOLLS AND ADMIN- ISTRATIVE VIOLATION FEES DUE, (II) THE DATE BY WHICH PAYMENT OF THE TOLLS AND ADMINISTRATIVE VIOLATION FEES IS DUE, (III) THE ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF PAYMENT FOR THE TOLL, (IV) THE PROCE- DURE FOR CONTESTING ANY TOLL AND THE CONTACT INFORMATION FOR THE RELE- VANT TOLL PAYER ADVOCATE OFFICE AND CUSTOMER SERVICE CENTER, (V) INFOR- MATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO THE NOTICE OF LIABILITY, IN ADDITION TO THE POSSIBILITY THAT A JUDGMENT CAN BE ENTERED FOR REPEAT UNPAID LIABILITIES THAT COULD LEAD TO A VEHICLE BEING TOWED OR IMMOBILIZED, (VI) A WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED BY ELECTRONIC MEANS, (VII) INFORMATION RELATED TO THE AVAILABILITY OF THE TOLL PAYER ADVOCATE TO DISCUSS PAYMENT OPTIONS, AND (VIII) OTHER INFOR- MATION REQUIRED BY LAW OR BY THE PUBLIC AUTHORITY. EACH NOTICE OF VIOLATION SHALL IDENTIFY THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER, AND JURISDICTION OF THE LICENSE PLATE FOR EACH UNPAID TOLL THAT HAS BEEN INCURRED. 5. ANY FEE OR ADMINISTRATIVE VIOLATION FEE THAT IS ASSESSED ON A NOTICE OF VIOLATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL BE DISMISSED IF THE NOTICE OF VIOLATION WAS NOT SENT WITHIN NINETY DAYS OF THE SECOND TOLL BILL, PROVIDED THAT ANY TOLL OR TOLLS INCURRED REMAIN DUE AND PAYABLE AND PROVIDED FURTHER THAT SUCH DISMISSAL SHALL NOT APPLY IN THE EVENT THAT EXCEPTIONAL CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TECHNOLOGICAL FAILURES, HAVE DELAYED THE TIMELY MAILING OF THE NOTICE OF VIOLATION AND THE PUBLIC AUTHORITY HAS POSTED NOTICE OF SUCH CIRCUM- STANCES PROMINENTLY ON ITS WEBSITE WITHIN A REASONABLE TIME OF BECOMING AWARE OF SUCH CIRCUMSTANCES, WHICH SHALL BE ADEQUATE RECORD OF SUCH CIRCUMSTANCES. S. 8306--C 161 A. 8806--C 6. ANY TOLL BILL OR NOTICE OF VIOLATION REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST CLASS MAIL MAY ALSO BE SENT, WITH CONSENT OF THE OWNER, BY ELECTRONIC MEANS OF COMMUNICATION BY OR ON BEHALF OF THE PUBLIC AUTHORITY. IT SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER TO PROVIDE AND UPDATE THE ADDRESS USED FOR ELECTRONIC MEANS OF COMMUNI- CATION TO THE OWNER BY THE PUBLIC AUTHORITY. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE RECORD OF ELECTRONIC NOTICE. 7. ANY OWNER WHO INCURS AN OBLIGATION TO PAY A TOLL UNDER THE TOLLS BY MAIL PROGRAM AT A PUBLIC AUTHORITY'S CASHLESS TOLLING FACILITY SHALL HAVE AN OPTION TO RECEIVE ALERTS BY ELECTRONIC MEANS OF COMMUNICATION THAT A TOLL HAS BEEN INCURRED. SUCH ALERTS SHALL BE PROVIDED TO THE OWNER WHO HAS ELECTED TO RECEIVE SUCH ALERTS NO MORE THAN SEVENTY-TWO HOURS AFTER THE OWNER IS IDENTIFIED. EACH PUBLIC AUTHORITY SHALL CREATE AN ONLINE REGISTRATION FOR AN ELECTRONIC MEANS OF COMMUNICATION ALERT THAT A TOLL HAS BEEN INCURRED UNDER THE TOLLS BY MAIL PROGRAM AT A CASH- LESS TOLLING FACILITY. IN THE EVENT AN OWNER CHOOSES TO RECEIVE AN ELEC- TRONIC MEANS OF COMMUNICATION ALERT OF A TOLL INCURRED, IT SHALL BE THE OWNER'S SOLE RESPONSIBILITY TO PROVIDE AND UPDATE ANY MOBILE NUMBERS, ELECTRONIC MAIL ADDRESSES, OR ANY OTHER ADDRESSES USED FOR ELECTRONIC MEANS OF COMMUNICATION TO WHICH ALERTS ARE SENT. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE RECORD OF ELECTRONIC NOTICE. 8. IF AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. IF AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, BUT NOT AS YET REPORTED TO THE POLICE AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS PURSUANT TO THIS SECTION THAT THE VEHICLE WAS REPORTED AS STOLEN WITHIN TWO HOURS AFTER THE DISCOVERY OF THE THEFT BY THE OWNER. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI- CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT OR OTHER ENTITY HAVING JURIS- DICTION. 9. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF VIOLATION WAS ISSUED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF THE TOLL COLLECTION REGULATIONS PROVIDED THE OWNER SENDS TO THE PUBLIC AUTHORITY SERVING THE NOTICE OF VIOLATION AND TO THE COURT OR OTHER ENTITY HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIVING THE ORIGINAL NOTICE OF VIOLATION. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-DAY TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF THE TOLL COLLECTION REGULATIONS, PROVIDED THAT THE PUBLIC AUTHORITY MAILS A NOTICE OF VIOLATION TO THE LESSEE WITHIN TEN BUSINESS DAYS AFTER THE PUBLIC AUTHORITY DEEMS THE LESSEE TO BE THE OWNER. FOR PURPOSES OF THIS S. 8306--C 162 A. 8806--C SUBDIVISION THE TERM "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR OTHERWISE WHEREIN THE SAID LESSEE HAS THE EXCLUSIVE USE OF SAID VEHICLE FOR ANY PERIOD OF TIME. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "LESSEE" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR THE USE OF ONE OR MORE VEHICLES AND HAS EXCLUSIVE USE THEREOF FOR ANY PERIOD OF TIME. 10. EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, IF A PERSON RECEIVES A NOTICE OF VIOLATION PURSUANT TO THIS SECTION IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS THAT THE INDIVIDUAL WHO RECEIVED THE NOTICE OF VIOLATION PURSUANT TO THIS SECTION WAS NOT THE OWNER OF THE VEHICLE AT THE TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION OF TOLL COLLECTION REGULATIONS PURSUANT TO THIS SECTION WAS NOT THE OPERA- TOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 11. ANY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY SHALL: (I) MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO RECEIVE UPDATED INFORMATION ON ANY TOLLS OR FEES WHICH ARE OUTSTAND- ING; AND (II) ESTABLISH PROCEDURES FOR OWNERS TO DISPUTE ANY TOLLS AND VIOLATION FEES INCURRED IN CONNECTION WITH TOLL BILLS, INCLUDING A REQUIREMENT THAT WRITTEN DETERMINATIONS IN SUCH DISPUTES SHALL BE ISSUED WITHIN FORTY-FIVE DAYS OF RECEIPT OF THE OWNER'S DECLARATION OF DISPUTE. SUCH INFORMATION SHALL BE PROMINENTLY DISPLAYED ON SUCH PUBLIC AUTHORI- TY'S TOLL BILLS, NOTICES OF VIOLATION AND WEBSITE. 12. EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY SHALL DEVELOP POLICIES AND PROCEDURES FOR THE ESTABLISHMENT ON A CASE- BY-CASE BASIS OF A WRITTEN PAYMENT PLAN AGREEMENT FOR AN OWNER'S UNPAID TOLLS AND ADMINISTRATIVE VIOLATION FEES INCURRED AT A CASHLESS TOLLING FACILITY, SUBJECT TO THE AVAILABILITY OF SUFFICIENT RESOURCES FOR THE PUBLIC AUTHORITY TO ADMINISTER SUCH PAYMENT PLANS. INFORMATION RELATED TO PAYMENT PLANS SHALL BE MADE AVAILABLE UPON THE OWNER'S REQUEST TO THE PUBLIC AUTHORITY'S CUSTOMER SERVICE CENTER. THE PUBLIC AUTHORITY SHALL NOT CHARGE ANY ADDITIONAL AMOUNT OR FEE FOR ENROLLMENT IN A PAYMENT PLAN AGREEMENT. OWNERS SHALL FULLY COMPLY WITH ALL PAYMENT PLAN AGREEMENT TERMS AND CONDITIONS AND SHALL BE SUBJECT TO PAYMENT PLAN AGREEMENT DEFAULT PROVISIONS. 13. EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY SHALL ESTABLISH AN OFFICE OF SUCH AUTHORITY'S TOLL PAYER ADVOCATE, DESIGNED TO FURTHER ASSIST OWNERS WHO REMAIN UNSATISFIED AFTER FIRST ATTEMPTING RESOLUTION IN WRITING OF THEIR CONCERN WITH, AND RECEIVING WRITTEN DETERMINATION FROM, SUCH AUTHORITY'S CUSTOMER SERVICE CENTER. THE OFFICE OF THE TOLL PAYER ADVOCATE SHALL ALSO ENDEAVOR TO IDENTIFY ANY SYSTEMIC ISSUES AND RECOMMEND REASONABLE IMPROVEMENTS REGARDING THE USE OF AND PROCESS INVOLVED WITH THE PAYMENT OF TOLLS UNDER THE TOLLS BY MAIL PROGRAM AT CASHLESS TOLLING FACILITIES TO THE PUBLIC AUTHORITY. 14. A PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY, INCLUDING THE OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS OF SUCH PUBLIC AUTHORITY, SHALL NOT REPORT TO A CONSUMER REPORTING AGENCY, AS DEFINED IN 15 U.S.C. § 1681A, ANY TOLL, FEE, PENALTY OR OTHER OBLIGATION INCURRED BY AN OWNER RELATED TO USE OF A CASHLESS TOLLING FACILITY. 15. NOTHING IN THIS SECTION SHALL PROHIBIT A PUBLIC AUTHORITY FROM COLLECTING ANY TOLL OR FEE IN THE EVENT THAT AN OWNER DOES NOT PROPERLY REGISTER A VEHICLE PURSUANT TO THE LAWS, RULES AND REGULATIONS OF THIS S. 8306--C 163 A. 8806--C STATE, OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION. 16. NOTHING IN THIS SECTION SHALL REQUIRE A PUBLIC AUTHORITY TO PERFORM ANY ACTION OR FORBEAR FROM PERFORMING ANY ACTION THAT WOULD IN THE PUBLIC AUTHORITY'S SOLE DISCRETION IMPAIR ANY COVENANT WITH THE HOLDERS OF ANY OF THE PUBLIC AUTHORITY'S BONDS, NOTES OR OTHER OBLI- GATIONS. § 3. No later than 90 days after the effective date of this act, every public authority that operates a cashless tolling facility shall under- take a public awareness campaign to educate motorists regarding the tolls by mail program, of their right to access the office of the rele- vant toll payer advocate and information related to the ability of that office to discuss payment options, of the importance of updating their license and vehicle registration information with the department of motor vehicles, the potential consequences for failure to pay tolls or respond to toll bills, of the benefits of becoming an E-ZPass customer and opportunities available to monitor tolls by mail balances, and potential options for unbanked individuals and individuals who do not have a credit card to obtain an E-ZPass. The outreach campaign may include, among other materials, print, electronic and mobile cellular technology resources, and may be made publicly available via public authority-sponsored communication methods. § 4. This act shall take effect September 1, 2024. Effective imme- diately, 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 on or before such date. With respect to the Port Authority of New York and New Jersey, this act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act upon the Port Authority of New York and New Jersey; but if the state of New Jersey shall have already enacted such legislation, this act shall take effect immediately; provided, that the chair of the port authority shall notify the legisla- tive bill drafting commission upon the occurrence of the enactment of the legislation provided for in section two of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, or subpart of this part shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of that subpart or this part, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or subpart 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 part and each subpart herein 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 dates of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART XX Section 1. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 S. 8306--C 164 A. 8806--C of section 4 of the state finance law to the following funds and/or accounts: 1. DOL-Child performer protection account (20401). 2. Local government records management account (20501). 3. Child health plus program account (20810). 4. EPIC premium account (20818). 5. Education - New (20901). 6. VLT - Sound basic education fund (20904). 7. Sewage treatment program management and administration fund (21000). 8. Hazardous bulk storage account (21061). 9. Utility environmental regulatory account (21064). 10. Federal grants indirect cost recovery account (21065). 11. Low level radioactive waste account (21066). 12. Recreation account (21067). 13. Public safety recovery account (21077). 14. Environmental regulatory account (21081). 15. Natural resource account (21082). 16. Mined land reclamation program account (21084). 17. Great lakes restoration initiative account (21087). 18. Environmental protection and oil spill compensation fund (21200). 19. Public transportation systems account (21401). 20. Metropolitan mass transportation (21402). 21. Operating permit program account (21451). 22. Mobile source account (21452). 23. Statewide planning and research cooperative system account (21902). 24. New York state thruway authority account (21905). 25. Financial control board account (21911). 26. Regulation of racing account (21912). 27. State university dormitory income reimbursable account (21937). 28. Criminal justice improvement account (21945). 29. Environmental laboratory reference fee account (21959). 30. Training, management and evaluation account (21961). 31. Clinical laboratory reference system assessment account (21962). 32. Indirect cost recovery account (21978). 33. Multi-agency training account (21989). 34. Bell jar collection account (22003). 35. Industry and utility service account (22004). 36. Real property disposition account (22006). 37. Parking account (22007). 38. Courts special grants (22008). 39. Asbestos safety training program account (22009). 40. Batavia school for the blind account (22032). 41. Investment services account (22034). 42. Surplus property account (22036). 43. Financial oversight account (22039). 44. Regulation of Indian gaming account (22046). 45. Rome school for the deaf account (22053). 46. Seized assets account (22054). 47. Administrative adjudication account (22055). 48. New York City assessment account (22062). 49. Cultural education account (22063). 50. Local services account (22078). 51. DHCR mortgage servicing account (22085). 52. Housing indirect cost recovery account (22090). S. 8306--C 165 A. 8806--C 53. Voting Machine Examinations account (22099). 54. DHCR-HCA application fee account (22100). 55. Low income housing monitoring account (22130). 56. Restitution account (22134). 57. Corporation administration account (22135). 58. New York State Home for Veterans in the Lower-Hudson Valley account (22144). 59. Deferred compensation administration account (22151). 60. Rent revenue other New York City account (22156). 61. Rent revenue account (22158). 62. Transportation aviation account (22165). 63. Tax revenue arrearage account (22168). 64. New York State Campaign Finance Fund account (22211). 65. New York state medical indemnity fund account (22240). 66. Behavioral health parity compliance fund (22246). 67. Pharmacy benefit manager regulatory fund (22255). 68. State university general income offset account (22654). 69. Lake George park trust fund account (22751). 70. Highway safety program account (23001). 71. DOH drinking water program account (23102). 72. NYCCC operating offset account (23151). 73. Commercial gaming revenue account (23701). 74. Commercial gaming regulation account (23702). 75. Highway use tax administration account (23801). 76. New York state secure choice administrative account (23806). 77. New York state cannabis revenue fund (24800). 78. Fantasy sports administration account (24951). 79. Mobile sports wagering fund (24955). 80. Highway and bridge capital account (30051). 81. State university residence hall rehabilitation fund (30100). 82. State parks infrastructure account (30351). 83. Clean water/clean air implementation fund (30500). 84. Hazardous waste remedial cleanup account (31506). 85. Youth facilities improvement account (31701). 86. Housing assistance fund (31800). 87. Housing program fund (31850). 88. Highway facility purpose account (31951). 89. New York racing account (32213). 90. Capital miscellaneous gifts account (32214). 91. Information technology capital financing account (32215). 92. New York environmental protection and spill remediation account (32219). 93. Mental hygiene facilities capital improvement fund (32300). 94. Correctional facilities capital improvement fund (32350). 95. New York State Storm Recovery Capital Fund (33000). 96. OGS convention center account (50318). 97. Empire Plaza Gift Shop (50327). 98. Unemployment Insurance Benefit Fund, Interest Assessment Account (50651). 99. Centralized services fund (55000). 100. Archives records management account (55052). 101. Federal single audit account (55053). 102. Civil service administration account (55055). 103. Civil service EHS occupational health program account (55056). 104. Banking services account (55057). 105. Cultural resources survey account (55058). S. 8306--C 166 A. 8806--C 106. Neighborhood work project account (55059). 107. Automation & printing chargeback account (55060). 108. OFT NYT account (55061). 109. Data center account (55062). 110. Intrusion detection account (55066). 111. Domestic violence grant account (55067). 112. Centralized technology services account (55069). 113. Labor contact center account (55071). 114. Human services contact center account (55072). 115. Tax contact center account (55073). 116. Department of law civil recoveries account (55074). 117. Executive direction internal audit account (55251). 118. CIO Information technology centralized services account (55252). 119. Health insurance internal service account (55300). 120. Civil service employee benefits division administrative account (55301). 121. Correctional industries revolving fund (55350). 122. Employees health insurance account (60201). 123. Medicaid management information system escrow fund (60900). 124. Virtual currency assessments account. 125. Animal shelter regulation account. 126. Department of financial services IT modernization capital account. § 2. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 of section 4 of the state finance law to any account within the following federal funds, provided the comptroller has made a determination that sufficient federal grant award authority is available to reimburse such loans: 1. Federal USDA-food and nutrition services fund (25000). 2. Federal health and human services fund (25100). 3. Federal education fund (25200). 4. Federal block grant fund (25250). 5. Federal miscellaneous operating grants fund (25300). 6. Federal unemployment insurance administration fund (25900). 7. Federal unemployment insurance occupational training fund (25950). 8. Federal emergency employment act fund (26000). 9. Federal capital projects fund (31350). § 3. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2025, up to the unencumbered balance or the follow- ing amounts: Economic Development and Public Authorities: 1. $2,175,000 from the miscellaneous special revenue fund, underground facilities safety training account (22172), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $19,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,807,000,000 from the general fund to the state lottery fund, education account (20901), as reimbursement for disbursements made from S. 8306--C 167 A. 8806--C such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 2. $1,096,000,000 from the general fund to the state lottery fund, VLT education account (20904), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 3. $121,900,000 from the general fund to the New York state commercial gaming fund, commercial gaming revenue account (23701), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 97-nnnn of the state finance law that are in excess of the amounts deposited in such fund for purposes pursuant to section 1352 of the racing, pari-mutuel wagering and breeding law. 4. $1,039,800,000 from the general fund to the mobile sports wagering fund, education account (24955), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposit- ed in such fund for such purposes pursuant to section 1367 of the racing, pari-mutuel wagering and breeding law. 5. $46,000,000 from the interactive fantasy sports fund, fantasy sports education account (24950), to the state lottery fund, education account (20901), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law. 6. An amount up to the unencumbered balance in the fund on March 31, 2025 from the charitable gifts trust fund, elementary and secondary education account (24901), to the general fund, for payment of general support for public schools pursuant to section 3609-a of the education law. 7. Moneys from the state lottery fund (20900) up to an amount deposit- ed in such fund pursuant to section 1612 of the tax law in excess of the current year appropriation for supplemental aid to education pursuant to section 92-c of the state finance law. 8. $300,000 from the New York state local government records manage- ment improvement fund, local government records management account (20501), to the New York state archives partnership trust fund, archives partnership trust maintenance account (20351). 9. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 10. $900,000 from the general fund to the miscellaneous special reven- ue fund, Rome school for the deaf account (22053). 11. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 12. Intentionally omitted. 13. $24,000,000 from any of the state education department's special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 14. $4,200,000 from any of the state education department's special revenue or internal service funds to the capital projects fund (30000). 15. $30,013,000 from the general fund to the miscellaneous special revenue fund, HESC-insurance premium payments account (21960). Environmental Affairs: 1. $16,000,000 from any of the department of environmental conserva- tion's special revenue federal funds, and/or federal capital funds, to S. 8306--C 168 A. 8806--C the environmental conservation special revenue fund, federal indirect recovery account (21065). 2. $5,000,000 from any of the department of environmental conserva- tion's special revenue federal funds, and/or federal capital funds, to the conservation fund (21150) or Marine Resources Account (21151) as necessary to avoid diversion of conservation funds. 3. $3,000,000 from any of the office of parks, recreation and historic preservation capital projects federal funds and special revenue federal funds to the miscellaneous special revenue fund, federal grant indirect cost recovery account (22188). 4. $1,000,000 from any of the office of parks, recreation and historic preservation special revenue federal funds to the miscellaneous capital projects fund, I love NY water account (32212). 5. $100,000,000 from the general fund to the environmental protection fund, environmental protection fund transfer account (30451). 6. $10,000,000 from the general fund to the hazardous waste remedial fund, hazardous waste oversight and assistance account (31506). 7. An amount up to or equal to the cash balance within the special revenue-other waste management & cleanup account (21053) to the capital projects fund (30000) for services and capital expenses related to the management and cleanup program as put forth in section 27-1915 of the environmental conservation law. 8. $1,800,000 from the miscellaneous special revenue fund, public service account (22011) to the miscellaneous special revenue fund, util- ity environmental regulatory account (21064). 9. $7,000,000 from the general fund to the enterprise fund, state fair account (50051). 10. $10,000,000 from the waste management & cleanup account (21053) to the general fund. 11. $3,000,000 from the waste management & cleanup account (21053) to the environmental protection fund transfer account (30451). 12. $10,000,000 from the general fund to the miscellaneous special revenue fund, patron services account (22163). 13. $15,000,000 from the enterprise fund, golf account (50332) to the state park infrastructure fund, state park infrastructure account (30351). Family Assistance: 1. $7,000,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and the general fund, in accordance with agreements with social services districts, to the miscellaneous special revenue fund, office of human resources development state match account (21967). 2. $4,000,000 from any of the office of children and family services or office of temporary and disability assistance special revenue federal funds to the miscellaneous special revenue fund, family preservation and support services and family violence services account (22082). 3. $18,670,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and any other miscellaneous revenues generated from the operation of office of children and family services programs to the general fund. 4. $205,000,000 from any of the office of temporary and disability assistance or department of health special revenue funds to the general fund. S. 8306--C 169 A. 8806--C 5. $2,500,000 from any of the office of temporary and disability assistance special revenue funds to the miscellaneous special revenue fund, office of temporary and disability assistance program account (21980). 6. $35,000,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, and department of health special revenue federal funds to the office of children and family services miscellaneous special revenue fund, multi- agency training contract account (21989). 7. $205,000,000 from the miscellaneous special revenue fund, youth facility per diem account (22186), to the general fund. 8. $621,850 from the general fund to the combined gifts, grants, and bequests fund, WB Hoyt Memorial account (20128). 9. $5,000,000 from the miscellaneous special revenue fund, state central registry (22028), to the general fund. 10. $900,000 from the general fund to the Veterans' Remembrance and Cemetery Maintenance and Operation account (20201). 11. $5,000,000 from the general fund to the housing program fund (31850). 12. $10,000,000 from any of the office of children and family services special revenue federal funds to the office of the court administration special revenue other federal iv-e funds account. General Government: 1. $9,000,000 from the general fund to the health insurance revolving fund (55300). 2. $292,400,000 from the health insurance reserve receipts fund (60550) to the general fund. 3. $150,000 from the general fund to the not-for-profit revolving loan fund (20650). 4. $150,000 from the not-for-profit revolving loan fund (20650) to the general fund. 5. $3,000,000 from the miscellaneous special revenue fund, surplus property account (22036), to the general fund. 6. $19,000,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the general fund. 7. $3,326,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the miscellaneous special revenue fund, authority budget office account (22138). 8. $1,000,000 from the miscellaneous special revenue fund, parking account (22007), to the general fund, for the purpose of reimbursing the costs of debt service related to state parking facilities. 9. $11,460,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 10. $10,000,000 from the general fund to the agencies internal service fund, state data center account (55062). 11. $12,000,000 from the miscellaneous special revenue fund, parking account (22007), to the centralized services, building support services account (55018). 12. $33,000,000 from the general fund to the internal service fund, business services center account (55022). 13. $8,000,000 from the general fund to the internal service fund, building support services account (55018). 14. $1,500,000 from the combined expendable trust fund, plaza special events account (20120), to the general fund. S. 8306--C 170 A. 8806--C 15. $50,000,000 from the New York State cannabis revenue fund (24800) to the general fund. 16. A transfer from the general fund to the miscellaneous special revenue fund, New York State Campaign Finance Fund Account (22211), up to an amount equal to total reimbursements due to qualified candidates. 17. $6,000,000 from the miscellaneous special revenue fund, standards and purchasing account (22019), to the general fund. 18. $5,600,000 from the banking department special revenue fund (21970) funded by the assessment to defray operating expenses authorized by section 206 of the financial services law to the IT Modernization Capital Fund. 19. $8,400,000 from the insurance department special revenue fund (21994) funded by the assessment to defray operating expenses authorized by section 206 of the financial services law to the IT Modernization Capital Fund. 20. $500,000 from the pharmacy benefits bureau special revenue fund (22255) funded by the assessment to defray operating expenses authorized by section 206 of the financial services law, to the IT Modernization Capital Fund. 21. $500,000 from the virtual currency special revenue fund (22262) funded by the assessment to defray operating expenses authorized by section 206 of the financial services law, to the IT Modernization Capi- tal Fund. 22. $250,000 from the general fund to the miscellaneous special reven- ue fund, authority budget office account (22138). Health: 1. A transfer from the general fund to the combined gifts, grants and bequests fund, breast cancer research and education account (20155), up to an amount equal to the monies collected and deposited into that account in the previous fiscal year. 2. A transfer from the general fund to the combined gifts, grants and bequests fund, prostate cancer research, detection, and education account (20183), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 3. A transfer from the general fund to the combined gifts, grants and bequests fund, Alzheimer's disease research and assistance account (20143), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 4. $3,600,000 from the miscellaneous special revenue fund, certificate of need account (21920), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 5. $4,000,000 from the miscellaneous special revenue fund, vital health records account (22103), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 6. $6,000,000 from the miscellaneous special revenue fund, profes- sional medical conduct account (22088), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 7. $131,000,000 from the HCRA resources fund (20800) to the capital projects fund (30000). 8. $6,550,000 from the general fund to the medical cannabis trust fund, health operation and oversight account (23755). 9. An amount up to the unencumbered balance from the charitable gifts trust fund, health charitable account (24900), to the general fund, for payment of general support for primary, preventive, and inpatient health care, dental and vision care, hunger prevention and nutritional assist- ance, and other services for New York state residents with the overall S. 8306--C 171 A. 8806--C goal of ensuring that New York state residents have access to quality health care and other related services. 10. $500,000 from the miscellaneous special revenue fund, New York State cannabis revenue fund (24800), to the miscellaneous special reven- ue fund, environmental laboratory fee account (21959). 11. An amount up to the unencumbered balance from the public health emergency charitable gifts trust fund (23816), to the general fund, for payment of goods and services necessary to respond to a public health disaster emergency or to assist or aid in responding to such a disaster. 12. $1,000,000,000 from the general fund to the health care transfor- mation fund (24850). 13. $2,590,000 from the miscellaneous special revenue fund, patient safety center account (22140), to the general fund. 14. $1,000,000 from the miscellaneous special revenue fund, nursing home receivership account (21925), to the general fund. 15. $130,000 from the miscellaneous special revenue fund, quality of care account (21915), to the general fund. 16. $2,200,000 from the miscellaneous special revenue fund, adult home quality enhancement account (22091), to the general fund. 17. $22,113,000 from the general fund, to the miscellaneous special revenue fund, helen hayes hospital account (22140). 18. $4,850,000 from the general fund, to the miscellaneous special revenue fund, New York city veterans' home account (22141). 19. $3,675,000 from the general fund, to the miscellaneous special revenue fund, New York state home for veterans' and their dependents at oxford account (22142). 20. $2,055,000 from the general fund, to the miscellaneous special revenue fund, western New York veterans' home account (22143). 21. $6,451,000 from the general fund, to the miscellaneous special revenue fund, New York state for veterans in the lower-hudson valley account (22144). 22. $6,600,000 from the general fund, to the New York state medical indemnity fund (22240). 23. $350,000,000 from the general fund, to the miscellaneous special revenue fund, healthcare stability fund account. 24. $5,000,000 from the general fund to the occupational health clin- ics account (22177). Labor: 1. $600,000 from the miscellaneous special revenue fund, DOL fee and penalty account (21923), to the child performer's protection fund, child performer protection account (20401). 2. $11,700,000 from the unemployment insurance interest and penalty fund, unemployment insurance special interest and penalty account (23601), to the general fund. 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- ment insurance special interest and penalty account (23601), and public work enforcement account (21998), to the general fund. 4. $850,000 from the miscellaneous special revenue fund, DOL elevator safety program fund (22252) to the miscellaneous special revenue fund, DOL fee and penalty account (21923). Mental Hygiene: 1. $3,800,000 from the general fund, to the agencies internal service fund, civil service EHS occupational health program account (55056). 2. $2,000,000 from the general fund, to the mental hygiene facilities capital improvement fund (32300). S. 8306--C 172 A. 8806--C 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- laneous capital projects fund, opioid settlement capital account (32200). 4. $20,000,000 from the miscellaneous capital projects fund, opioid settlement capital account (32200) to the opioid settlement fund (23817). Public Protection: 1. $1,350,000 from the miscellaneous special revenue fund, emergency management account (21944), to the general fund. 2. $2,587,000 from the general fund to the miscellaneous special revenue fund, recruitment incentive account (22171). 3. $23,773,000 from the general fund to the correctional industries revolving fund, correctional industries internal service account (55350). 4. $2,000,000,000 from any of the division of homeland security and emergency services special revenue federal funds to the general fund. 5. $115,420,000 from the state police motor vehicle law enforcement and motor vehicle theft and insurance fraud prevention fund, state police motor vehicle enforcement account (22802), to the general fund for state operation expenses of the division of state police. 6. $138,272,000 from the general fund to the correctional facilities capital improvement fund (32350). 7. $5,000,000 from the general fund to the dedicated highway and bridge trust fund (30050) for the purpose of work zone safety activities provided by the division of state police for the department of transpor- tation. 8. $10,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the capital projects fund (30000). 9. $9,830,000 from the miscellaneous special revenue fund, legal services assistance account (22096), to the general fund. 10. $1,000,000 from the general fund to the agencies internal service fund, neighborhood work project account (55059). 11. $7,980,000 from the miscellaneous special revenue fund, finger- print identification & technology account (21950), to the general fund. 12. $1,100,000 from the state police motor vehicle law enforcement and motor vehicle theft and insurance fraud prevention fund, motor vehicle theft and insurance fraud account (22801), to the general fund. 13. $38,938,000 from the general fund to the miscellaneous special revenue fund, criminal justice improvement account (21945). 14. $6,000,000 from the general fund to the miscellaneous special revenue fund, hazard mitigation revolving loan account. 15. $234,000,000 from the indigent legal services fund, indigent legal services account (23551) to the general fund. Transportation: 1. $20,000,000 from the general fund to the mass transportation oper- ating assistance fund, public transportation systems operating assist- ance account (21401), of which $12,000,000 constitutes the base need for operations. 2. $727,500,000 from the general fund to the dedicated highway and bridge trust fund (30050). 3. $244,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 4. $5,000,000 from the miscellaneous special revenue fund, transporta- tion regulation account (22067) to the dedicated highway and bridge trust fund (30050), for disbursements made from such fund for motor S. 8306--C 173 A. 8806--C carrier safety that are in excess of the amounts deposited in the dedi- cated highway and bridge trust fund (30050) for such purpose pursuant to section 94 of the transportation law. 5. $477,000 from the miscellaneous special revenue fund, traffic adju- dication account (22055), to the general fund. 6. $5,000,000 from the miscellaneous special revenue fund, transporta- tion regulation account (22067) to the general fund, for disbursements made from such fund for motor carrier safety that are in excess of the amounts deposited in the general fund for such purpose pursuant to section 94 of the transportation law. Miscellaneous: 1. $250,000,000 from the general fund to any funds or accounts for the purpose of reimbursing certain outstanding accounts receivable balances. 2. $500,000,000 from the general fund to the debt reduction reserve fund (40000). 3. $450,000,000 from the New York state storm recovery capital fund (33000) to the revenue bond tax fund (40152). 4. $15,500,000 from the general fund, community projects account GG (10256), to the general fund, state purposes account (10050). 5. $100,000,000 from any special revenue federal fund to the general fund, state purposes account (10050). 6. $3,650,000,000 from the special revenue federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund, state purposes account (10050) to cover eligible costs incurred by the state. 7. $1,000,000,000 from the general fund to the hazardous waste over- sight and assistance account (31506), State parks infrastructure account (30351), environmental protection fund transfer account (30451), the correctional facilities capital improvement fund (32350), housing program fund (31850), or the Mental hygiene facilities capital improve- ment fund (32300), up to an amount equal to certain outstanding accounts receivable balances. § 4. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, on or before March 31, 2025: 1. Upon request of the commissioner of environmental conservation, up to $12,745,400 from revenues credited to any of the department of envi- ronmental conservation special revenue funds, including $4,000,000 from the environmental protection and oil spill compensation fund (21200), and $1,834,600 from the conservation fund (21150), to the environmental conservation special revenue fund, indirect charges account (21060). 2. Upon request of the commissioner of agriculture and markets, up to $3,000,000 from any special revenue fund or enterprise fund within the department of agriculture and markets to the general fund, to pay appro- priate administrative expenses. 3. Upon request of the commissioner of the division of housing and community renewal, up to $6,221,000 from revenues credited to any divi- sion of housing and community renewal federal or miscellaneous special revenue fund to the miscellaneous special revenue fund, housing indirect cost recovery account (22090). 4. Upon request of the commissioner of the division of housing and community renewal, up to $5,500,000 may be transferred from any miscel- laneous special revenue fund account, to any miscellaneous special revenue fund. 5. Upon request of the commissioner of health up to $13,694,000 from revenues credited to any of the department of health's special revenue S. 8306--C 174 A. 8806--C funds, to the miscellaneous special revenue fund, administration account (21982). 6. Upon the request of the attorney general, up to $4,000,000 from revenues credited to the federal health and human services fund, federal health and human services account (25117) or the miscellaneous special revenue fund, recoveries and revenue account (22041), to the miscella- neous special revenue fund, litigation settlement and civil recovery account (22117). § 5. On or before March 31, 2025, the comptroller is hereby authorized and directed to deposit earnings that would otherwise accrue to the general fund that are attributable to the operation of section 98-a of the state finance law, to the agencies internal service fund, banking services account (55057), for the purpose of meeting direct payments from such account. § 6. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget and upon consultation with the state university chancellor or his or her designee, on or before March 31, 2025, up to $16,000,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Buffalo. § 7. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget and upon consultation with the state university chancellor or his or her designee, on or before March 31, 2025, up to $6,500,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Albany. § 8. Notwithstanding any law to the contrary, the state university chancellor or his or her designee is authorized and directed to transfer estimated tuition revenue balances from the state university collection fund (61000) to the state university income fund, state university general revenue offset account (22655) on or before March 31, 2025. § 8-a. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, a total of up to $100,000,000 from the general fund to the state universi- ty income fund, state university general revenue offset account (22655) and/or the state university income fund, state university hospitals income reimbursable account (22656) during the period July 1, 2024 through June 30, 2025 to pay costs attributable to the state university health science center at Brooklyn and/or the state university of New York hospital at Brooklyn, respectively, pursuant to a plan approved by the director of the budget. § 9. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $1,388,664,500 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2024 through June 30, 2025 to support operations at the state university. S. 8306--C 175 A. 8806--C § 10. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $103,000,000 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of April 1, 2024 through June 30, 2024 to support operations at the state university. § 11. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $54,700,000 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2024 to June 30, 2025 for general fund operating support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 of section three hundred fifty-five of the education law. § 12. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $20,000,000 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2024 to June 30, 2025 to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of the education law. § 13. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the state university chancel- lor or his or her designee, up to $55,000,000 from the state university income fund, state university hospitals income reimbursable account (22656), for services and expenses of hospital operations and capital expenditures at the state university hospitals; and the state university income fund, Long Island veterans' home account (22652) to the state university capital projects fund (32400) on or before June 30, 2025. § 14. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller, after consultation with the state university chancellor or his or her designee, is hereby authorized and directed to transfer moneys, in the first instance, from the state university collection fund, Stony Brook hospital collection account (61006), Brooklyn hospital collection account (61007), and Syra- cuse hospital collection account (61008) to the state university income fund, state university hospitals income reimbursable account (22656) in the event insufficient funds are available in the state university income fund, state university hospitals income reimbursable account (22656) to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals. Notwithstanding any law to the contrary, the comptroller is also hereby authorized and directed, after consultation with the state university chancellor or his or her designee, to transfer moneys from the state university income fund to the state university income fund, state university hospitals income reimbursable account (22656) in the event insufficient funds are available in the state university income fund, state university hospitals income reimbursable account (22656) to pay hospital operating costs or to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals on or before March 31, 2025. § 15. Notwithstanding any law to the contrary, upon the direction of the director of the budget and the chancellor of the state university of S. 8306--C 176 A. 8806--C New York or his or her designee, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies from the state university dormitory income fund (40350) to the state university residence hall rehabilitation fund (30100), and from the state university residence hall rehabilitation fund (30100) to the state university dormitory income fund (40350), in an amount not to exceed $100 million from each fund. § 16. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $700,000,000 from the unencumbered balance of any special revenue fund or account, agency fund or account, internal service fund or account, enterprise fund or account, or any combination of such funds and accounts, to the general fund. The amounts transferred pursuant to this authorization shall be in addition to any other transfers expressly authorized in the 2024-25 budget. Transfers from federal funds, debt service funds, capital projects funds, the community projects fund, or funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assent- ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. § 17. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $100 million from any non-general fund or account, or combination of funds and accounts, to the miscellaneous special revenue fund, tech- nology financing account (22207), the miscellaneous capital projects fund, the federal capital projects account (31350), information technol- ogy capital financing account (32215), or the centralized technology services account (55069), for the purpose of consolidating technology procurement and services. The amounts transferred to the miscellaneous special revenue fund, technology financing account (22207) pursuant to this authorization shall be equal to or less than the amount of such monies intended to support information technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the technology financing account shall be completed from amounts collected by non-general funds or accounts pursuant to a fund deposit schedule or permanent statute, and shall be transferred to the technology financing account pursuant to a schedule agreed upon by the affected agency commissioner. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assent- ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. § 18. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $400 million from any non-general fund or account, or combination of funds and accounts, to the general fund for the purpose of consol- idating technology procurement and services. The amounts transferred pursuant to this authorization shall be equal to or less than the amount of such monies intended to support information technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the general fund shall be completed from amounts collected by non-general funds or accounts pursu- ant to a fund deposit schedule. Transfers from funds that would result S. 8306--C 177 A. 8806--C in the loss of eligibility for federal benefits or federal funds pursu- ant to federal law, rule, or regulation as assented to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. § 19. Notwithstanding any provision of law to the contrary, as deemed feasible and advisable by its trustees, the power authority of the state of New York is authorized and directed to transfer to the state treasury to the credit of the general fund up to $20,000,000 for the state fiscal year commencing April 1, 2024, the proceeds of which will be utilized to support energy-related state activities. § 20. Notwithstanding any provision of law to the contrary, as deemed feasible and advisable by its trustees, the power authority of the state of New York is authorized to transfer to the state treasury to the cred- it of the general fund up to $25,000,000 for the state fiscal year commencing April 1, 2024, the proceeds of which will be utilized to support programs established or implemented by or within the department of labor, including but not limited to the office of just energy transi- tion and programs for workforce training and retraining, to prepare workers for employment for work in the renewable energy field. § 21. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to contribute $913,000 to the state treasury to the credit of the general fund on or before March 31, 2025. § 22. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer five million dollars to the cred- it of the Environmental Protection Fund on or before March 31, 2025 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation. § 23. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 5. Notwithstanding the provisions of section one hundred seventy-one-a of the tax law, as separately amended by chapters four hundred eighty- one and four hundred eighty-four of the laws of nineteen hundred eight- y-one, and notwithstanding the provisions of chapter ninety-four of the laws of two thousand eleven, or any other provisions of law to the contrary, during the fiscal year beginning April first, two thousand [twenty-three] TWENTY-FOUR, the state comptroller is hereby authorized and directed to deposit to the fund created pursuant to this section from amounts collected pursuant to article twenty-two of the tax law and pursuant to a schedule submitted by the director of the budget, up to [$1,716,913,000] $1,575,393,000 as may be certified in such schedule as necessary to meet the purposes of such fund for the fiscal year begin- ning April first, two thousand [twenty-three] TWENTY-FOUR. § 24. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2025, the following amounts from the following special revenue accounts to the capital projects fund (30000), for the purposes of reimbursement to such fund for expenses related to the maintenance and preservation of state assets: 1. $43,000 from the miscellaneous special revenue fund, administrative program account (21982). 2. $1,537,000 from the miscellaneous special revenue fund, helen hayes hospital account (22140). S. 8306--C 178 A. 8806--C 3. $474,000 from the miscellaneous special revenue fund, New York city veterans' home account (22141). 4. $593,000 from the miscellaneous special revenue fund, New York state home for veterans' and their dependents at oxford account (22142). 5. $177,000 from the miscellaneous special revenue fund, western New York veterans' home account (22143). 6. $336,000 from the miscellaneous special revenue fund, New York state for veterans in the lower-hudson valley account (22144). 7. $2,550,000 from the miscellaneous special revenue fund, patron services account (22163). 8. $9,173,000 from the miscellaneous special revenue fund, state university general income reimbursable account (22653). 9. $150,218,000 from the miscellaneous special revenue fund, state university revenue offset account (22655). 10. $50,197,000 from the state university dormitory income fund, state university dormitory income fund (40350). 11. $1,000,000 from the miscellaneous special revenue fund, litigation settlement and civil recovery account (22117). § 25. Subdivision 6 of section 4 of the state finance law, as amended by section 24 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 6. Notwithstanding any law to the contrary, at the beginning of the state fiscal year, the state comptroller is hereby authorized and directed to receive for deposit to the credit of a fund and/or an account such monies as are identified by the director of the budget as having been intended for such deposit to support disbursements from such fund and/or account made in pursuance of an appropriation by law. As soon as practicable upon enactment of the budget, the director of the budget shall, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assem- bly ways and means committee, file with the state comptroller an iden- tification of specific monies to be so deposited. Any subsequent change regarding the monies to be so deposited shall be filed by the director of the budget, as soon as practicable, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assembly ways and means committee. All monies identified by the director of the budget to be deposited to the credit of a fund and/or account shall be consistent with the intent of the budget for the then current state fiscal year as enacted by the legislature. The provisions of this subdivision shall expire on March thirty-first, [two thousand twenty-four] TWO THOUSAND TWENTY-SEVEN. § 26. Subdivision 4 of section 40 of the state finance law, as amended by section 25 of part FFF of chapter 56 of the laws of 2022, is amended to read as follows: 4. Every appropriation made from a fund or account to a department or agency shall be available for the payment of prior years' liabilities in such fund or account for fringe benefits, indirect costs, and telecommu- nications expenses and expenses for other centralized services fund programs without limit. Every appropriation shall also be available for the payment of prior years' liabilities other than those indicated above, but only to the extent of one-half of one percent of the total amount appropriated to a department or agency in such fund or account. The provisions of this subdivision shall expire March thirty-first, [two thousand twenty-four] TWO THOUSAND TWENTY-SEVEN. S. 8306--C 179 A. 8806--C § 26-a. Subdivision 4 of section 18 of the state finance law, as amended by section 30 of subpart D of part V-1 of chapter 57 of the laws of 2009, is amended to read as follows: 4. Unless provided otherwise by contract, statute or regulation, a debtor that fails to make payment of a debt within the period set forth in subdivision three of this section shall pay, in addition to the amount of debt, [the greater of: (a)] interest on the outstanding balance of the debt, accruing on the date on which the receipt of the first billing invoice or first notice occurs, computed at the underpay- ment rate which is in effect on the date which the receipt of the first billing invoice or first billing notice occurs[; or (b) a late payment charge of ten dollars]. For the purposes of this section, the underpay- ment rate shall be that rate set by the commissioner of taxation and finance and published in the state register pursuant to subsection (e) of section one thousand ninety-six of the tax law minus four percentage points. With respect to specific classes of debt collected by a state agency, the director of the budget or official of a state agency so designated by the director of the budget may approve the assessment of interest [or late payment charges] at a date later than the thirtieth day following such debtor's receipt of any billing invoice or notice sent by the state agency. § 27. Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller is hereby authorized and directed to use any balance remaining in the mental health services fund debt service appropriation, after payment by the state comptroller of all obligations required pursuant to any lease, sublease, or other financing arrangement between the dormitory authority of the state of New York as successor to the New York state medical care facilities finance agency, and the facilities development corporation pursuant to chapter 83 of the laws of 1995 and the department of mental hygiene for the purpose of making payments to the dormitory authority of the state of New York for the amount of the earnings for the investment of monies deposited in the mental health services fund that such agency determines will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended, in order to enable such agency to maintain the exemption from federal income taxation on the interest paid to the holders of such agency's mental services facilities improvement revenue bonds. Annually on or before each June 30th, such agency shall certify to the state comptroller its determination of the amounts received in the mental health services fund as a result of the investment of monies deposited therein that will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended. § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 27 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed [nine billion eight hundred sixty-five million eight hundred fifty-nine thousand dollars $9,865,859,000] TEN BILLION TWO HUNDRED NINETY-NINE MILLION THREE HUNDRED FIFTY-NINE THOUSAND DOLLARS $10,299,359,000, and shall include S. 8306--C 180 A. 8806--C all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for depos- it in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropriations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obli- gations may be greater than [nine billion eight hundred sixty-five million eight hundred fifty-nine thousand dollars $9,865,859,000] TEN BILLION TWO HUNDRED NINETY-NINE MILLION THREE HUNDRED FIFTY-NINE THOU- SAND DOLLARS $10,299,359,000, only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obli- gations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obli- gations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. § 29. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 42 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (a) Subject to the provisions of chapter fifty-nine of the laws of two thousand, in order to enhance and encourage the promotion of housing programs and thereby achieve the stated purposes and objectives of such housing programs, the agency shall have the power and is hereby author- ized from time to time to issue negotiable housing program bonds and notes in such principal amount as shall be necessary to provide suffi- cient funds for the repayment of amounts disbursed (and not previously reimbursed) pursuant to law or any prior year making capital appropri- ations or reappropriations for the purposes of the housing program; provided, however, that the agency may issue such bonds and notes in an aggregate principal amount not exceeding [thirteen billion six hundred thirty-five million four hundred twenty-five thousand dollars $13,635,425,000] FOURTEEN BILLION FIVE HUNDRED TWENTY-SIX MILLION EIGHT- Y-NINE THOUSAND DOLLARS $14,526,089,000, plus a principal amount of bonds issued to fund the debt service reserve fund in accordance with the debt service reserve fund requirement established by the agency and to fund any other reserves that the agency reasonably deems necessary S. 8306--C 181 A. 8806--C for the security or marketability of such bonds and to provide for the payment of fees and other charges and expenses, including underwriters' discount, trustee and rating agency fees, bond insurance, credit enhancement and liquidity enhancement related to the issuance of such bonds and notes. No reserve fund securing the housing program bonds shall be entitled or eligible to receive state funds apportioned or appropriated to maintain or restore such reserve fund at or to a partic- ular level, except to the extent of any deficiency resulting directly or indirectly from a failure of the state to appropriate or pay the agreed amount under any of the contracts provided for in subdivision four of this section. § 30. Paragraph (b) of subdivision 1 of section 385 of the public authorities law, as amended by section 45 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (b) The authority is hereby authorized, as additional corporate purposes thereof solely upon the request of the director of the budget: (i) to issue special emergency highway and bridge trust fund bonds and notes for a term not to exceed thirty years and to incur obligations secured by the moneys appropriated from the dedicated highway and bridge trust fund established in section eighty-nine-b of the state finance law; (ii) to make available the proceeds in accordance with instructions provided by the director of the budget from the sale of such special emergency highway and bridge trust fund bonds, notes or other obli- gations, net of all costs to the authority in connection therewith, for the purposes of financing all or a portion of the costs of activities for which moneys in the dedicated highway and bridge trust fund estab- lished in section eighty-nine-b of the state finance law are authorized to be utilized or for the financing of disbursements made by the state for the activities authorized pursuant to section eighty-nine-b of the state finance law; and (iii) to enter into agreements with the commis- sioner of transportation pursuant to section ten-e of the highway law with respect to financing for any activities authorized pursuant to section eighty-nine-b of the state finance law, or agreements with the commissioner of transportation pursuant to sections ten-f and ten-g of the highway law in connection with activities on state highways pursuant to these sections, and (iv) to enter into service contracts, contracts, agreements, deeds and leases with the director of the budget or the commissioner of transportation and project sponsors and others to provide for the financing by the authority of activities authorized pursuant to section eighty-nine-b of the state finance law, and each of the director of the budget and the commissioner of transportation are hereby authorized to enter into service contracts, contracts, agree- ments, deeds and leases with the authority, project sponsors or others to provide for such financing. The authority shall not issue any bonds or notes in an amount in excess of [twenty billion six hundred forty- eight million five hundred seven thousand dollars $20,648,507,000] TWEN- TY-ONE BILLION FOUR HUNDRED FIFTY-EIGHT MILLION THREE HUNDRED NINE THOU- SAND DOLLARS $21,458,309,000, plus a principal amount of bonds or notes: (A) to fund capital reserve funds; (B) to provide capitalized interest; and, (C) to fund other costs of issuance. In computing for the purposes of this subdivision, the aggregate amount of indebtedness evidenced by bonds and notes of the authority issued pursuant to this section, as amended by a chapter of the laws of nineteen hundred ninety-six, there shall be excluded the amount of bonds or notes issued that would consti- tute interest under the United States Internal Revenue Code of 1986, as S. 8306--C 182 A. 8806--C amended, and the amount of indebtedness issued to refund or otherwise repay bonds or notes. § 31. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 32 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (c) Subject to the provisions of chapter fifty-nine of the laws of two thousand, (i) the dormitory authority shall not deliver a series of bonds for city university community college facilities, except to refund or to be substituted for or in lieu of other bonds in relation to city university community college facilities pursuant to a resolution of the dormitory authority adopted before July first, nineteen hundred eighty- five or any resolution supplemental thereto, if the principal amount of bonds so to be issued when added to all principal amounts of bonds previously issued by the dormitory authority for city university commu- nity college facilities, except to refund or to be substituted in lieu of other bonds in relation to city university community college facili- ties will exceed the sum of four hundred twenty-five million dollars and (ii) the dormitory authority shall not deliver a series of bonds issued for city university facilities, including community college facilities, pursuant to a resolution of the dormitory authority adopted on or after July first, nineteen hundred eighty-five, except to refund or to be substituted for or in lieu of other bonds in relation to city university facilities and except for bonds issued pursuant to a resolution supple- mental to a resolution of the dormitory authority adopted prior to July first, nineteen hundred eighty-five, if the principal amount of bonds so to be issued when added to the principal amount of bonds previously issued pursuant to any such resolution, except bonds issued to refund or to be substituted for or in lieu of other bonds in relation to city university facilities, will exceed [eleven billion three hundred four- teen million three hundred fifty-two thousand dollars $11,314,352,000] ELEVEN BILLION SEVEN HUNDRED SIXTY-THREE MILLION TWENTY-TWO THOUSAND DOLLARS $11,763,022,000. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the city university, and the fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. § 32. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 39 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. The dormitory authority is authorized to issue bonds, at the request of the commissioner of education, to finance eligible library construction projects pursuant to section two hundred seventy-three-a of the education law, in amounts certified by such commissioner not to exceed a total principal amount of [three hundred sixty-seven million dollars $367,000,000] FOUR HUNDRED ELEVEN MILLION DOLLARS $411,000,000. § 33. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 31 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (c) Subject to the provisions of chapter fifty-nine of the laws of two thousand, the dormitory authority shall not issue any bonds for state university educational facilities purposes if the principal amount of bonds to be issued when added to the aggregate principal amount of bonds issued by the dormitory authority on and after July first, nineteen hundred eighty-eight for state university educational facilities will exceed [eighteen billion one hundred ten million nine hundred sixty-four thousand dollars $18,110,964,000] EIGHTEEN BILLION NINE HUNDRED EIGHTY- S. 8306--C 183 A. 8806--C EIGHT MILLION ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS $18,988,164,000; provided, however, that bonds issued or to be issued shall be excluded from such limitation if: (1) such bonds are issued to refund state university construction bonds and state university construction notes previously issued by the housing finance agency; or (2) such bonds are issued to refund bonds of the authority or other obligations issued for state university educational facilities purposes and the present value of the aggregate debt service on the refunding bonds does not exceed the present value of the aggregate debt service on the bonds refunded there- by; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued there- on prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which the bonds are issued, and in any case not later than the earlier of thirty years or the expi- ration of the term of any lease, sublease or other agreement relating thereto; provided that no note, including renewals thereof, shall mature later than five years after the date of issuance of such note. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the state university of New York, and the state university construction fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. § 34. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 33 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 10-a. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any other provision of the law to the contrary, the maximum amount of bonds and notes to be issued after March thirty-first, two thousand two, on behalf of the state, in relation to any locally sponsored community college, shall be [one billion two hundred twenty-seven million ninety-five thousand dollars $1,227,095,000] ONE BILLION THREE HUNDRED SIXTY-FIVE MILLION THREE HUNDRED EIGHT THOUSAND DOLLARS $1,365,308,000. Such amount shall be exclusive of bonds and notes issued to fund any reserve fund or funds, costs of issuance and to refund any outstanding bonds and notes, issued on behalf of the state, relating to a locally sponsored community college. § 35. Paragraph b of subdivision 2 of section 9-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by section 35 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: S. 8306--C 184 A. 8806--C b. The agency shall have power and is hereby authorized from time to time to issue negotiable bonds and notes in conformity with applicable provisions of the uniform commercial code in such principal amount as, in the opinion of the agency, shall be necessary, after taking into account other moneys which may be available for the purpose, to provide sufficient funds to the facilities development corporation, or any successor agency, for the financing or refinancing of or for the design, construction, acquisition, reconstruction, rehabilitation or improvement of mental health services facilities pursuant to paragraph a of this subdivision, the payment of interest on mental health services improve- ment bonds and mental health services improvement notes issued for such purposes, the establishment of reserves to secure such bonds and notes, the cost or premium of bond insurance or the costs of any financial mechanisms which may be used to reduce the debt service that would be payable by the agency on its mental health services facilities improve- ment bonds and notes and all other expenditures of the agency incident to and necessary or convenient to providing the facilities development corporation, or any successor agency, with funds for the financing or refinancing of or for any such design, construction, acquisition, recon- struction, rehabilitation or improvement and for the refunding of mental hygiene improvement bonds issued pursuant to section 47-b of the private housing finance law; provided, however, that the agency shall not issue mental health services facilities improvement bonds and mental health services facilities improvement notes in an aggregate principal amount exceeding [twelve billion four hundred eighteen million three hundred thirty-seven thousand dollars $12,418,337,000] TWELVE BILLION NINE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, excluding mental health services facilities improvement bonds and mental health services facilities improvement notes issued to refund outstanding mental health services facilities improvement bonds and mental health services facilities improvement notes; provided, however, that upon any such refunding or repayment of mental health services facilities improvement bonds and/or mental health services facilities improvement notes the total aggregate principal amount of outstanding mental health services facilities improvement bonds and mental health facilities improvement notes may be greater than [twelve billion four hundred eighteen million three hundred thirty-seven thou- sand dollars $12,418,337,000] TWELVE BILLION NINE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, only if, except as hereinafter provided with respect to mental health services facilities bonds and mental health services facilities notes issued to refund mental hygiene improvement bonds authorized to be issued pursuant to the provisions of section 47-b of the private housing finance law, the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obli- gations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations S. 8306--C 185 A. 8806--C and to the price bid including estimated accrued interest or proceeds received by the authority including estimated accrued interest from the sale thereof. Such bonds, other than bonds issued to refund outstanding bonds, shall be scheduled to mature over a term not to exceed the aver- age useful life, as certified by the facilities development corporation, of the projects for which the bonds are issued, and in any case shall not exceed thirty years and the maximum maturity of notes or any renewals thereof shall not exceed five years from the date of the original issue of such notes. Notwithstanding the provisions of this section, the agency shall have the power and is hereby authorized to issue mental health services facilities improvement bonds and/or mental health services facilities improvement notes to refund outstanding mental hygiene improvement bonds authorized to be issued pursuant to the provisions of section 47-b of the private housing finance law and the amount of bonds issued or outstanding for such purposes shall not be included for purposes of determining the amount of bonds issued pursuant to this section. The director of the budget shall allocate the aggregate principal authorized to be issued by the agency among the office of mental health, office for people with developmental disabilities, and the office of addiction services and supports, in consultation with their respective commissioners to finance bondable appropriations previ- ously approved by the legislature. § 36. Subdivision (a) of section 48 of part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, as amended by section 30 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000 but notwithstanding the provisions of section 18 of the urban development corporation act, the corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [five hundred one million five hundred thousand dollars $501,500,000] FIVE HUNDRED TWENTY-TWO MILLION FIVE HUNDRED THOUSAND DOLLARS $522,500,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previ- ously issued, for the purpose of financing capital costs related to homeland security and training facilities for the division of state police, the division of military and naval affairs, and any other state agency, including the reimbursement of any disbursements made from the state capital projects fund, and is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [one billion seven hundred thirteen million eighty-six thousand dollars $1,713,086,000] ONE BILLION EIGHT HUNDRED FIFTY-FIVE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND DOLLARS $1,855,286,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financ- ing improvements to State office buildings and other facilities located statewide, including the reimbursement of any disbursements made from the state capital projects fund. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to S. 8306--C 186 A. 8806--C subdivision (b) of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. § 37. Subdivision 1 of section 47 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 44 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the office of information technology services, depart- ment of law, and other state costs associated with such capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [one billion three hundred fifty-three million eight hundred fifty-two thousand dollars $1,353,852,000] ONE BILLION SEVEN HUNDRED FORTY-TWO MILLION SEVEN HUNDRED TWELVE THOUSAND DOLLARS $1,742,712,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 38. Subdivision (b) of section 11 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 38 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (b) Any service contract or contracts for projects authorized pursuant to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 14-k of the transportation law, and entered into pursuant to subdivision (a) of this section, shall provide for state commitments to provide annually to the thruway authority a sum or sums, upon such terms and conditions as shall be deemed appropriate by the director of the budget, to fund, or fund the debt service requirements of any bonds or any obli- gations of the thruway authority issued to fund or to reimburse the state for funding such projects having a cost not in excess of [thirteen billion nine hundred forty-nine million two hundred thirty-four thousand dollars $13,949,234,000] FOURTEEN BILLION EIGHT HUNDRED FORTY-FOUR MILLION FIVE HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS $14,844,587,000 cumulatively by the end of fiscal year [2023-24] 2024-25. For purposes of this subdivision, such projects shall be deemed to include capital grants to cities, towns and villages for the reimbursement of eligible capital costs of local highway and bridge projects within such munici- pality, where allocations to cities, towns and villages are based on the total number of New York or United States or interstate signed touring route miles for which such municipality has capital maintenance respon- sibility, and where such eligible capital costs include the costs of construction and repair of highways, bridges, highway-railroad cross- ings, and other transportation facilities for projects with a service life of ten years or more. S. 8306--C 187 A. 8806--C § 39. Section 53 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by section 37 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: § 53. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the acquisition of equipment, including but not limited to the creation or modernization of informa- tion technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and laboratory equipment and other state costs associated with such capital projects. The aggregate prin- cipal amount of bonds authorized to be issued pursuant to this section shall not exceed [four hundred ninety-three million dollars $493,000,000] FIVE HUNDRED NINETY-THREE MILLION DOLLARS $593,000,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the urban development corpo- ration in undertaking the financing for project costs for the acquisi- tion of equipment, including but not limited to the creation or modern- ization of information technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and labora- tory equipment and other state costs associated with such capital projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the urban development corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormitory authority and the urban development corporation agree, so as to annually provide to the dormitory authority and the urban development corporation, in the aggregate, a sum not to exceed the prin- cipal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the urban development corporation as security for its bonds and notes, as authorized by this section. S. 8306--C 188 A. 8806--C § 40. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 29 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 3. The maximum amount of bonds that may be issued for the purpose of financing environmental infrastructure projects authorized by this section shall be [nine billion three hundred thirty-five million seven hundred ten thousand dollars $9,335,710,000] TEN BILLION EIGHT HUNDRED SIXTY-SIX MILLION FIVE HUNDRED SIXTY THOUSAND DOLLARS $10,866,560,000, exclusive of bonds issued to fund any debt service reserve funds, pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay bonds or notes previously issued. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision one of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 34 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed [one billion fourteen million seven hundred thirty-five thousand dollars $1,014,735,000] ONE BILLION SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE THOUSAND DOLLARS $1,066,755,000, which authorization increases the aggregate principal amount of bonds, notes and other obligations authorized by section 40 of chapter 309 of the laws of 1996, and shall include all bonds, notes and other obligations issued pursuant to chapter 211 of the laws of 1990, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the youth facili- ties improvement fund or the capital projects fund, to pay for all or any portion of the amount or amounts paid by the state from appropri- ations or reappropriations made to the office of children and family services from the youth facilities improvement fund for capital projects. The aggregate amount of bonds, notes and other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the office of children and family services; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstand- ing bonds, notes or other obligations may be greater than [one billion fourteen million seven hundred thirty-five thousand dollars $1,014,735,000] ONE BILLION SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE THOUSAND DOLLARS $1,066,755,000, only if the present value of the aggre- gate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or S. 8306--C 189 A. 8806--C other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates ther- eof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. § 42. Subdivision 1 of section 386-b of the public authorities law, as amended by section 41 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, the authority, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of financing peace bridge projects and capital costs of state and local highways, parkways, bridges, the New York state thruway, Indian reservation roads, and facilities, and transportation infrastruc- ture projects including aviation projects, non-MTA mass transit projects, and rail service preservation projects, including work appur- tenant and ancillary thereto. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [twelve billion three hundred eight million three hundred eleven thou- sand dollars $12,308,311,000] FIFTEEN BILLION TWO HUNDRED FORTY MILLION SIX HUNDRED SIXTY-NINE THOUSAND DOLLARS $15,240,669,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the authority, the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority, the dormitory authority and the urban develop- ment corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 43. Section 44 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by section 40 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: § 44. Issuance of certain bonds or notes. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the regional economic development council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding envi- rons, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medi- cine, the olympic regional development authority, projects at nano Utica, onondaga county revitalization projects, Binghamton university S. 8306--C 190 A. 8806--C school of pharmacy, New York power electronics manufacturing consortium, regional infrastructure projects, high tech innovation and economic development infrastructure program, high technology manufacturing projects in Chautauqua and Erie county, an industrial scale research and development facility in Clinton county, upstate revitalization initi- ative projects, downstate revitalization initiative, market New York projects, fairground buildings, equipment or facilities used to house and promote agriculture, the state fair, the empire state trail, the moynihan station development project, the Kingsbridge armory project, strategic economic development projects, the cultural, arts and public spaces fund, water infrastructure in the city of Auburn and town of Owasco, a life sciences laboratory public health initiative, not-for- profit pounds, shelters and humane societies, arts and cultural facili- ties improvement program, restore New York's communities initiative, heavy equipment, economic development and infrastructure projects, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit projects, athletic facilities for professional football in Orchard Park, New York, RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and other state costs associated with such projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [seventeen billion six hundred fifty-five million six hundred two thousand dollars $17,655,602,000] TWENTY BILLION EIGHT HUNDRED SEVENTY-EIGHT MILLION ONE HUNDRED NINETY-FOUR THOUSAND DOLLARS $20,878,194,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corpo- ration shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the corporation in undertak- ing the financing for project costs for the regional economic develop- ment council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding environs, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medicine, the olym- pic regional development authority, projects at nano Utica, onondaga county revitalization projects, Binghamton university school of pharma- cy, New York power electronics manufacturing consortium, regional infrastructure projects, New York State Capital Assistance Program for Transportation, infrastructure, and economic development, high tech innovation and economic development infrastructure program, high tech- nology manufacturing projects in Chautauqua and Erie county, an indus- trial scale research and development facility in Clinton county, upstate revitalization initiative projects, downstate revitalization initiative, market New York projects, fairground buildings, equipment or facilities S. 8306--C 191 A. 8806--C used to house and promote agriculture, the state fair, the empire state trail, the moynihan station development project, the Kingsbridge armory project, strategic economic development projects, the cultural, arts and public spaces fund, water infrastructure in the city of Auburn and town of Owasco, a life sciences laboratory public health initiative, not-for- profit pounds, shelters and humane societies, arts and cultural facili- ties improvement program, restore New York's communities initiative, heavy equipment, economic development and infrastructure projects, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit projects, athletic facilities for professional football in Orchard Park, New York, RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and other state costs associated with such projects the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormitory authority and the corporation agree, so as to annually provide to the dormitory authority and the corporation, in the aggregate, a sum not to exceed the principal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the corporation as security for its bonds and notes, as authorized by this section. § 44. Subdivision (a) of section 28 of part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by section 36 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary, one or more authorized issuers as defined by section 68-a of the state finance law are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [two hundred forty-seven million dollars $247,000,000] TWO HUNDRED NINETY-SEVEN MILLION DOLLARS $297,000,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects for public protection facilities in the Division of Military and Naval Affairs, debt service and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest S. 8306--C 192 A. 8806--C income earned on bond proceeds shall only be used to pay debt service on such bonds. § 45. Subdivision 1 of section 50 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 43 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs undertaken by or on behalf of the state educa- tion department, special act school districts, state-supported schools for the blind and deaf, approved private special education schools, non-public schools, community centers, day care facilities, residential camps, day camps, Native American Indian Nation schools, and other state costs associated with such capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [three hundred twenty-one million seven hundred ninety-nine thousand dollars $321,799,000] THREE HUNDRED NINETY-SIX MILLION EIGHT HUNDRED NINETY-EIGHT THOUSAND DOLLARS $396,898,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 46. Subdivision 1 of section 1680-k of the public authorities law, as amended by section 47 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any provisions of law to the contrary, the dormitory authority is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [forty million nine hundred forty-five thousand dollars $40,945,000] FORTY-ONE MILLION SIXTY THOUSAND DOLLARS $41,060,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing the construction of the New York state agriculture and markets food labora- tory. Eligible project costs may include, but not be limited to the cost of design, financing, site investigations, site acquisition and prepara- tion, demolition, construction, rehabilitation, acquisition of machinery and equipment, and infrastructure improvements. Such bonds and notes of such authorized issuers shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuers for debt service and related expenses pursuant to any service contract executed pursuant to subdivision two of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any S. 8306--C 193 A. 8806--C interest income earned on bond proceeds shall only be used to pay debt service on such bonds. § 47. Paragraph (b) of subdivision 3 and clause (B) of subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- ter 63 of the laws of 2005, relating to the composition and responsibil- ities of the New York state higher education capital matching grant board, as amended by section 48 of part PP of chapter 56 of the laws of 2023, are amended to read as follows: (b) Within amounts appropriated therefor, the board is hereby author- ized and directed to award matching capital grants totaling [three hundred eighty-five million dollars, $385,000,000] FOUR HUNDRED TWENTY- FIVE MILLION DOLLARS $425,000,000. Each college shall be eligible for a grant award amount as determined by the calculations pursuant to subdi- vision five of this section. In addition, such colleges shall be eligi- ble to compete for additional funds pursuant to paragraph (h) of subdi- vision four of this section. (B) The dormitory authority shall not issue any bonds or notes in an amount in excess of [three hundred eighty-five million dollars, $385,000,000] FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS $425,000,000 for the purposes of this section; excluding bonds or notes issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Except for purposes of complying with the internal revenue code, any interest on bond proceeds shall only be used to pay debt service on such bonds. § 48. Paragraph a of subdivision 1 of section 9-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by chapter 479 of the laws of 2022, is amended to read as follows: a. "Mental health services facility" shall mean a building, a unit within a building, a laboratory, a classroom, a housing unit, a dining hall, an activities center, a library, real property of any kind or description, or any structure on or improvement to real property of any kind or description, including fixtures and equipment which may or may not be an integral part of any such building, unit, structure or improvement, a walkway, a roadway or a parking lot, and improvements and connections for water, sewer, gas, electrical, telephone, heating, air conditioning and other utility services, or a combination of any of the foregoing, whether for patient care and treatment or staff, staff family or service use, located at or related to any psychiatric center, any developmental center, or any state psychiatric or research institute or other facility now or hereafter established under the state department of mental hygiene. A mental health services facility shall also mean and include a residential care center for adults, A COMMUNITY RESIDENCE, a "community mental health and developmental disabilities facility", and a state or voluntary operated treatment facility for use in the conduct of an alcoholism or substance abuse treatment program as defined in the mental hygiene law, unless such residential care center for adults, community mental health and developmental disabilities facility or alco- holism or substance abuse facility is expressly excepted or the context clearly requires otherwise. The definition contained in this subdivision shall not be construed to exclude therefrom a facility, whether or not owned or leased by a voluntary agency, to be made available under lease, or sublease, from the facilities development corporation to a voluntary agency at the request of the commissioners of the offices and directors of the divisions of the department of mental hygiene having jurisdiction S. 8306--C 194 A. 8806--C thereof for use in providing services in a residential care center for adults, community mental health and developmental disabilities services, or for use in the conduct of an alcoholism or substance abuse treatment program. For purposes of this section mental health services facility shall also mean mental hygiene facility as defined in subdivision ten of section three of the facilities development corporation act AND SHALL ALSO INCLUDE FACILITIES FOR: (I) COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAMS AND/OR PSYCHIATRIC INPATIENT PROGRAMS OR OTHER SIMILAR PROGRAMS, INCLUDING BUT NOT LIMITED TO RESIDENTIAL TREATMENT FACILITIES, UNDER THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND NOT-FOR-PROFIT AGENCIES, LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND/OR ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; AND (II) LICENSED OR UNLICENSED PERMANENT, TRANSITIONAL, OR EMERGENCY HOUSING FOR MENTALLY ILL PERSONS UNDER THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND NOT-FOR-PROFIT AGENCIES, APPROVED BY THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, PURSUANT TO ARTICLE FORTY-ONE OF THE MENTAL HYGIENE LAW. § 49. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2025 the following amounts from the following special revenue accounts or enterprise funds to the gener- al fund, for the purposes of offsetting principal and interest costs, incurred by the state pursuant to section 386-a of the public authori- ties law, provided that the annual amount of the transfer shall be no more than the principal and interest that would have otherwise been due to the power authority of the state of New York, from any state agency, in a given state fiscal year. Amounts pertaining to special revenue accounts assigned to the state university of New York shall be consid- ered interchangeable between the designated special revenue accounts as to meet the requirements of this section and section 386-a of the public authorities law: 1. $15,000,000 from the miscellaneous special revenue fund, state university general income reimbursable account (22653). 2. $5,000,000 from state university dormitory income fund, state university dormitory income fund (40350). 3. $5,000,000 from the enterprise fund, city university senior college operating fund (60851). § 50. Subdivision 6-a of section 2 of the state finance law, as added by chapter 837 of the laws of 1983, is amended to read as follows: 6-a. "Fixed assets". (I) Assets of a long-term, tangible character which are intended to continue to be held or used, such as land, build- ings, improvements, machinery, and equipment, AND (II) ASSETS THAT PROVIDE A LONG-TERM INTEREST IN LAND, INCLUDING CONSERVATION EASEMENTS. § 51. Subdivision 2 of section 2976 of the public authorities law, as amended by section 1 of part FF of chapter 59 of the laws of 2009, is amended to read as follows: 2. The bond issuance charge shall be computed by multiplying the prin- cipal amount of bonds issued by the percentage set forth in the schedule below, provided that: (a) the charge applicable to the principal amount of single family mortgage revenue bonds shall be seven one-hundredths of one percent; (b) the issuance of bonds shall not include the remarketing of bonds; and (c) the issuance of bonds shall not include the [current] refunding of [short term] bonds, notes or other obligations [for which the bond issuance charge provided by this section has been paid, provided that such current refunding (i) occurs within one year from the issuance of the refunded obligations, or (ii) is part of a program S. 8306--C 195 A. 8806--C created by a single indenture or bond resolution that provides for the periodic issuance and refunding of short term obligations]. SCHEDULE Principal Amount of Bonds Issued Percentage Charge a. [$1,000,000] $20,000,000 or less [.168%] 0% b. [$1,000,001 to $5,000,000 .336% c. $5,000,001 to $10,000,000 .504% d. $10,000,001 to $20,000,000 .672% e.] More than $20,000,000 [.84%] .35% § 52. Subdivision 5 of section 68-b of the state finance law, as added by section 2 of part I of chapter 383 of the laws of 2001, is amended to read as follows: 5. The authorized issuers, subject to such agreements with holders of revenue bonds as may then exist, or with the providers of any applicable bond or note or other financial or agreement facility, shall have power out of any funds available therefor to purchase revenue bonds of the authorized issuers, which may or may not thereupon be canceled, at a price not exceeding: (a) if the revenue bonds are then redeemable, the redemption price then applicable, including any accrued interest; OR (b) if the revenue bonds are not then redeemable, the redemption price and accrued interest applicable on the first date after such purchase upon which the revenue bonds become subject to redemption; OR (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP- TION PRICE THAT PROVIDES PRESENT VALUE SAVINGS TO THE STATE, AS CERTI- FIED IN WRITING BY AN INDEPENDENT FINANCIAL ADVISOR. NO LATER THAN SEVEN DAYS AFTER A REDEMPTION PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, THE DIRECTOR OF THE BUDGET SHALL PROVIDE SUCH WRIT- TEN CERTIFICATION TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. § 53. Subdivision 5 of section 69-n of the state finance law, as added by section 58 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: 5. The authorized issuers, subject to such agreements with holders of revenue bonds as may then exist, or with the providers of any applicable bond or note or other financial or agreement facility, shall have power out of any funds available therefor to purchase revenue bonds of the authorized issuers, which may or may not thereupon be canceled, at a price not exceeding: (a) If the revenue bonds are then redeemable, the redemption price then applicable, including any accrued interest; OR (b) If the revenue bonds are not then redeemable, the redemption price and accrued interest applicable on the first date after such purchase upon which the revenue bonds become subject to redemption; OR (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP- TION PRICE THAT PROVIDES PRESENT VALUE SAVINGS TO THE STATE, AS CERTI- FIED IN WRITING BY AN INDEPENDENT FINANCIAL ADVISOR. NO LATER THAN SEVEN DAYS AFTER A REDEMPTION PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, THE DIRECTOR OF THE BUDGET SHALL PROVIDE SUCH WRIT- TEN CERTIFICATION TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. § 54. Paragraph (b) of subdivision 1 of section 54-b of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by section 49 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: S. 8306--C 196 A. 8806--C (b) Notwithstanding any other provision of law to the contrary, including, specifically, the provisions of chapter 59 of the laws of 2000 and section sixty-seven-b of the state finance law, the dormitory authority of the state of New York and the corporation are hereby authorized to issue personal income tax revenue anticipation notes with a maturity no later than March 31, [2024] 2025, in one or more series in an aggregate principal amount for each fiscal year not to exceed three billion dollars, and to pay costs of issuance of such notes, for the purpose of temporarily financing budgetary needs of the state. Such purpose shall constitute an authorized purpose under subdivision two of section sixty-eight-a of the state finance law for all purposes of arti- cle five-C of the state finance law with respect to the notes authorized by this paragraph. Such notes shall not be renewed, extended or refunded. For so long as any notes authorized by this paragraph shall be outstanding, the restrictions, limitations and requirements contained in article five-B of the state finance law shall not apply. § 55. Subdivision 1 of section 386-a of the public authorities law, as amended by section 54 of part PP of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, the authority, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities as defined in subdivision seventeen of section twelve hundred sixty-one of this chapter or other capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed twelve billion five hundred fifteen million eight hundred fifty-six thousand dollars $12,515,856,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the authority, the dormitory authority and the urban develop- ment corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority, the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. Notwithstanding any other provision of law to the contrary, including the limitations contained in subdivision four of section sixty-seven-b of the state finance law, (A) any bonds and notes issued prior to April first, two thousand [twenty-four] TWENTY-SEVEN pursuant to this section may be issued with a maximum maturity of fifty years, and (B) any bonds issued to refund such bonds and notes may be issued with a maximum maturity of fifty years from the respective date of original issuance of such bonds and notes. § 56. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2024; provided, however, that the provisions of sections one, two, three, four, five, six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, and twenty-four of this act shall expire March 31, 2025; and provided, further, that sections twenty-five and twenty-six of this act shall expire March 31, S. 8306--C 197 A. 8806--C 2027, when upon such dates the provisions of such sections shall be deemed repealed. PART YY Section 1. Section 13 of chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, as amended by section 1 of part DD of chapter 55 of the laws of 2023, is amended to read as follows: § 13. This act shall take effect immediately and shall be deemed to have been in full force and effect as of April 1, 1994, provided that, the provisions of section 5-a of the legislative law as amended by sections two and two-a of this act shall take effect on January 1, 1995, and provided further that, the provisions of article 5-A of the legisla- tive law as added by section eight of this act shall expire June 30, [2024] 2025 when upon such date the provisions of such article shall be deemed repealed; and provided further that section twelve of this act shall be deemed to have been in full force and effect on and after April 10, 1994. § 2. This act shall not supersede the findings and determinations made by the compensation committee as authorized pursuant to part HHH of chapter 59 of the laws of 2018 unless a court of competent jurisdiction determines that such findings and determinations are invalid or other- wise not applicable or in force. § 3. This act shall take effect immediately, provided, however, if this act shall take effect on or after June 30, 2024, this act shall be deemed to have been in full force and effect on and after June 30, 2024. PART ZZ Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section 2590-b of the education law is amended by adding a new clause (D) to read as follows: (D) COMMENCING ON JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE BOARD OF EDUCATION SHALL CONSIST OF TWENTY-FOUR VOTING MEMBERS: ONE MEMBER TO BE APPOINTED BY EACH BOROUGH PRESIDENT OF THE CITY OF NEW YORK; FIVE MEMBERS, ONE FROM EACH BOROUGH OF THE CITY OF NEW YORK, TO BE ELECTED BY COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS; ONE INDEPENDENT MEMBER WHO SHALL SERVE AS CHAIR OF THE BOARD AND WHO SHALL BE SELECTED AS ESTABLISHED IN SUBPARAGRAPH THREE OF THIS PARAGRAPH; AND THIRTEEN MEMBERS TO BE APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK. THE INITIAL TERM OF THE CHAIR SELECTED PURSUANT TO SUBPARAGRAPH THREE OF THIS PARAGRAPH SHALL COMMENCE ON SEPTEMBER FIFTEENTH, TWO THOUSAND TWEN- TY-FOUR AND SHALL END ON SEPTEMBER FOURTEENTH, TWO THOUSAND TWENTY-FIVE; THEREAFTER THE CHAIR SHALL SERVE FOR A ONE-YEAR TERM COMMENCING ON SEPTEMBER FIFTEENTH. THE CHANCELLOR SHALL CONTINUE REGULATIONS PROMUL- GATED UNDER CLAUSE (C) OF THIS SUBPARAGRAPH ESTABLISHING A PROCESS FOR COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS TO ELECT MEMBERS OF THE BOARD, AND PROCESSES FOR REMOVAL OF SUCH MEMBERS AND FOR THE FILLING OF SUCH POSITIONS IN THE EVENT OF A VACANCY. APPOINTED MEMBERS AND MEMBERS ELECTED BY COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS PURSUANT TO CLAUSE (C) OF THIS SUBPARAGRAPH AND COMMENCING A TERM ON JULY FIRST, TWO THOUSAND TWENTY-FOUR SHALL SERVE A TERM THAT ENDS ON JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE. THEREAFTER, APPOINTED MEMBERS AND THE MEMBERS ELECTED BY COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS SHALL SERVE FOR A ONE-YEAR TERM COMMENCING ON JULY FIRST. S. 8306--C 198 A. 8806--C § 2. Subparagraph 3 of paragraph (a) of subdivision 1 of section 2590-b of the education law, as amended by chapter 364 of the laws of 2022, is amended to read as follows: (3) The [city board] INDEPENDENT MEMBER WHO shall [elect its own chairperson from among its voting members] SERVE AS CHAIR OF THE BOARD SHALL BE SELECTED BY THE MAYOR OF THE CITY OF NEW YORK FROM AMONG THREE QUALIFIED CANDIDATES, ONE NOMINATED BY THE SPEAKER OF THE ASSEMBLY, ONE NOMINATED BY THE MAJORITY LEADER OF THE SENATE, AND ONE NOMINATED BY THE CHANCELLOR OF THE BOARD OF REGENTS. IF THE MAYOR OF THE CITY OF NEW YORK SHALL NOT ACCEPT ANY OF THE THREE CANDIDATES, UP TO TWO ADDITIONAL GROUPS OF THREE WILL BE SUBMITTED TO THE MAYOR OF THE CITY OF NEW YORK FOR CONSIDERATION. THE MAYOR OF THE CITY OF NEW YORK MUST SELECT A CANDIDATE FROM AMONG THE NOMINEES NO LATER THAN SEPTEMBER FIFTEENTH OF EACH YEAR. AN INDIVIDUAL SELECTED TO SERVE AS CHAIR MAY BE REAPPOINTED BY THE MAYOR OF THE CITY OF NEW YORK TO SERVE AN ADDITIONAL ONE-YEAR TERM, PROVIDED SUCH REAPPOINTMENT WILL BE MADE ON OR BEFORE JUNE THIRTI- ETH OF EACH YEAR, AND PROVIDED FURTHER THAT NO INDIVIDUAL MAY SERVE AS CHAIR FOR MORE THAN TWO TERMS CONSECUTIVELY. IF THE INDIVIDUAL SERVING AS CHAIR IS NOT REAPPOINTED BY THE MAYOR OF THE CITY OF NEW YORK, IS TERM LIMITED PURSUANT TO THIS SUBPARAGRAPH, OR THE ROLE OF CHAIR BECOMES VACANT FOR ANY REASON, THE SELECTION OF A NEW MEMBER TO SERVE AS CHAIR WILL BE COMPLETED THROUGH THE PROCESS AS ESTABLISHED IN THIS SUBPARA- GRAPH. § 3. Subparagraph 2 of paragraph c of subdivision 8 of section 2590-c of the education law, as amended by section 43-c of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: (2) after reviewing the recommendations of the task force described in subdivision nine of this section, develop election procedures for commu- nity council members which shall attempt to ensure membership that reflects a representative cross-section of the communities within the school district and diversity of the student population including those with particular educational needs, shall include consideration of the enrollment figures within each community district and the potential disparity of such enrollment from school to school within the district, and shall ensure that, to the extent possible, a school may have no more than one parent representative on the community council. Such measures shall ensure that at least one position on the community council is filled by a parent of a current student who is or has been at any time an English language learner, and at least one position is filled by a parent of a student who has or has at any time had an individualized education program, and shall allow for the seven remaining positions to be filled by parents who are otherwise eligible. SUCH ELECTION PROCE- DURES SHALL ENSURE THAT NO CANDIDATE IS ELECTED BY A MARGIN OF LESS THAN ONE VOTE. § 4. Paragraph b of subdivision 5-a of section 2576 of the education law, as added by chapter 91 of the laws of 2002, is amended and a new paragraph c is added to read as follows: b. The city amount IN A BUDGET ADOPTED BY THE COUNCIL PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE NEW YORK CITY CHARTER shall not be less than the city amount appropriated in the base year as determined at the time of adoption of the budget for the ensuing fiscal year AND SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CERTIFICATION DESCRIBED IN SUBDIVISION SIX OF SECTION TWO HUNDRED ELEVEN-D OF THIS CHAPTER. Provided, however, in the event the total amount of city funds relied upon to balance such budget is lower than the total amount of city funds appropriated in the base year, determined at the time of adoption of S. 8306--C 199 A. 8806--C such budget PURSUANT TO A PROCESS DEVELOPED BY THE DEPARTMENT IN CONSUL- TATION WITH THE CITY OF NEW YORK AND THE LABOR ORGANIZATION REPRESENTING TEACHERS THAT IDENTIFIES A METHODOLOGY FOR THE ALLOCATION OF APPROPRI- ATIONS BETWEEN FISCAL YEARS AND PRESCRIBES A FORM UPON THE APPROVAL OF THE DIRECTOR OF BUDGET FOR THE CERTIFICATIONS REQUIRED BY THIS SUBDIVI- SION, the city amount may be reduced by up to the same percentage as the overall percentage decrease in city funds between the base year and the ensuing fiscal year. BEFORE SUCH BUDGET MAY BE CERTIFIED PURSUANT TO SECTION TWO HUNDRED FIFTY-SIX OF THE NEW YORK CITY CHARTER, THE MAYOR OF THE CITY OF NEW YORK AND AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT SHALL CERTIFY TO THE COMMISSIONER, IN A FORM PRESCRIBED BY THE COMMIS- SIONER UPON THE APPROVAL OF THE DIRECTOR OF BUDGET, THAT THE CITY AMOUNT APPROPRIATED IN SUCH BUDGET IS (I) IN COMPLIANCE WITH THIS PARAGRAPH; (II) CONSISTENT WITH THE REQUIREMENTS OF SUBDIVISION SIX OF SECTION TWO HUNDRED ELEVEN-D OF THIS CHAPTER; AND (III) SUFFICIENT TO ENSURE INDI- VIDUAL SCHOOLS CAN MEET THE CLASS SIZE COMPLIANCE TARGETS SET FORTH IN SUBDIVISION TWO OF SECTION TWO HUNDRED ELEVEN-D OF THIS CHAPTER. IF A BUDGET IS ADOPTED PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE NEW YORK CITY CHARTER OR CERTIFIED PURSUANT TO SECTION TWO HUNDRED FIFTY-SIX OF SUCH CHARTER IN VIOLATION OF THIS PARAGRAPH, THE COUNCIL SHALL HAVE SIXTY DAYS TO ADOPT A BUDGET COMPLIANT WITH THIS PARAGRAPH AND HAVE SUCH BUDGET CERTIFIED IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. SHOULD THE BUDGET NOT BE ADOPTED AND CERTIFIED WITHIN SIXTY DAYS, THE AMOUNT BY WHICH THE BUDGET IS NON-COMPLIANT SHALL BE WITHHELD FROM THE FOUNDATION AID ALLOTMENT UNTIL SUCH TIME AS THE BUDGET IS CERTIFIED AS COMPLIANT WITH THIS PARAGRAPH. C. ACTUAL BUDGET EXPENDITURES SHALL BE CERTIFIED IN OCTOBER FOLLOWING THE CLOSE OF THE FISCAL YEAR TO ENSURE COMPLIANCE WITH PARAGRAPH B OF THIS SUBDIVISION. IF THE BUDGET EXPENDITURES ARE NOT COMPLIANT WITH PARAGRAPH B OF THIS SUBDIVISION, THE COUNCIL WILL APPROPRIATE FUNDS IN THE AMOUNT OF THE DISCREPANCY AS PART OF THE NOVEMBER MODIFICATION, PURSUANT TO SUBDIVISION B OF SECTION ONE HUNDRED SEVEN OF THE NEW YORK CITY CHARTER. § 5. Subdivision 6 of section 211-d of the education law, as added by section 12 of part A of chapter 57 of the laws of 2007, is amended to read as follows: 6. [The] (A) INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL EDUCA- TIONAL IMPROVEMENT PLAN GRANTS SHALL BE USED TO SUPPLEMENT, AND NOT SUPPLANT FUNDS ALLOCATED BY THE DISTRICT IN THE BASE YEAR FOR ALL PURPOSES SET FORTH IN SUBDIVISION THREE OF THIS SECTION. IN A CITY OF ONE MILLION OR MORE, THE CITY SCHOOL DISTRICT WILL PROVIDE THE COLLEC- TIVE BARGAINING UNIT FOR TEACHERS WITH THE LIST OF BUDGET CODES IN WHICH FUNDING PROVIDED UNDER THIS SECTION IS UTILIZED FOR A BUDGET THAT WOULD BEGIN JULY FIRST, TWO THOUSAND TWENTY-FIVE AND AFTER. EXCEPT IN A CITY OF ONE MILLION OR MORE, THE school district audit report certified to the commissioner by an independent certified public accountant[,] OR an independent accountant [or the comptroller of the city of New York] pursuant to section twenty-one hundred sixteen-a of this chapter shall include a certification by such accountant [or comptroller] in a form prescribed by the commissioner [and that the increases in total founda- tion aid and supplemental educational improvement plan grants have been used to supplement, and not supplant funds allocated by the district in the base year for such purposes] OF COMPLIANCE WITH THE FIRST SENTENCE OF THIS SUBDIVISION. (B) WITHIN TEN DAYS OF ADOPTION OF A BUDGET BY THE CITY OF NEW YORK, AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT, OR AN INDEPENDENT ACCOUNTANT S. 8306--C 200 A. 8806--C OR THE COMPTROLLER OF SUCH CITY SHALL CERTIFY IN A FORM PRESCRIBED BY THE COMMISSIONER THAT (I) AN AUDIT BY SUCH OFFICE HAS CONFIRMED THAT INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL IMPROVEMENT GRANTS IN THE BASE YEAR WERE USED TO SUPPLEMENT, AND NOT SUPPLANT FUNDS ALLOCATED BY THE DISTRICT IN THE PREVIOUS YEAR AND (II) IN THE ADOPTED BUDGET, INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL IMPROVEMENT GRANTS SUPPLEMENT, NOT SUPPLANT FUNDS ALLOCATED BY THE DISTRICT IN THE BASE YEAR FOR SUCH PURPOSES. UPON A DETERMINATION THAT EITHER (I) INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL IMPROVEMENT GRANTS IN THE BASE YEAR WERE USED TO SUPPLANT FUNDS ALLOCATED BY THE DISTRICT, OR (II) INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL IMPROVEMENT GRANTS AS APPROPRIATED WILL SUPPLANT FUNDS ALLOCATED BY THE DISTRICT IN THE BASE YEAR, THE DISTRICT SHALL BE ORDERED TO RESTORE FUNDS IN SUCH AMOUNTS AS TO ELIMINATE THE VIOLATION. § 6. Section 34 of chapter 91 of the laws of 2002, amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by chapter 364 of the laws of 2022, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed June 30, [2024] 2026 provided, FURTHER THAT SUBDIVISION 5-A OF SECTION 2576 OF THE EDUCATION LAW, AS ADDED BY SECTION FIVE OF THIS ACT, SHALL NOT EXPIRE THEREWITH, AND PROVIDED, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2024] 2026 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. § 7. Subdivision 12 of section 17 of chapter 345 of the laws of 2009, amending the education law and other laws relating to the New York city board of education, chancellor, community councils and community super- intendents, as amended by chapter 364 of the laws of 2022, is amended to read as follows: S. 8306--C 201 A. 8806--C 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2024] 2026. § 8. This act shall take effect immediately; provided, however, that the amendments to section 2590-b of the education law made by sections one and two of this act, and the amendments to section 2590-c of the education law made by section three of this act, shall not affect the expiration of such sections and shall expire and be deemed repealed therewith. PART AAA Section 1. Short title. This act shall be known and may be cited as the "newspaper and broadcast media jobs program". § 2. The economic development law is amended by adding a new article 27 to read as follows: ARTICLE 27 NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM SECTION 490. SHORT TITLE. 491. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 492. DEFINITIONS. 493. ELIGIBILITY CRITERIA. 494. APPLICATION AND APPROVAL PROCESS. 495. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. 496. POWERS AND DUTIES OF THE COMMISSIONER. § 490. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM". § 491. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO PROVIDE FINANCIAL SUPPORT AND INCENTIVES FOR BUSINESSES WHICH OPERATE AS NEWSPAPER AND BROADCAST MEDIA, TO SUSTAIN A PRODUCTIVE AND EFFECTIVE INDUSTRY. § 492. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUS- TRY DURING A GIVEN PERIOD. 2. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A TIMEFRAME TO BE DETERMINED BY THE DEPART- MENT OF ECONOMIC DEVELOPMENT. 3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A TIMEFRAME TO BE DETERMINED BY THE DEPART- MENT OF ECONOMIC DEVELOPMENT. 4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED NINETY-FIVE AND SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE. 5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF ECONOMIC DEVELOPMENT. 6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. S. 8306--C 202 A. 8806--C 7. "ELIGIBLE BUSINESS" SHALL MEAN A PRINT MEDIA OR BROADCAST MEDIA BUSINESS OPERATING WITHIN AN ELIGIBLE INDUSTRY, WHICH ALSO CARRIES MEDIA LIABILITY INSURANCE. 8. "ELIGIBLE EMPLOYEE" SHALL MEAN AN EMPLOYEE WORKING FULL-TIME AT AN ELIGIBLE BUSINESS, AS DETERMINED BY THE DEPARTMENT. 9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN THE NEWSPAPER PUBLISHING SECTOR OR THE BROADCAST MEDIA SECTOR, AS DETERMINED BY THE DEPARTMENT. 10. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL- TIME EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOYMENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY, AS DEFINED BY THE DEPARTMENT. 11. "NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT" SHALL MEAN A TAX CREDIT WHICH SHALL PROVIDE A CREDIT TO ELIGIBLE BUSINESSES OPERATING WITHIN ELIGIBLE INDUSTRIES. THE NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT SHALL HAVE TWO COMPONENTS. THE NEWSPAPER AND BROADCAST MEDIA NEW JOB CREATION COMPONENT SHALL ALLOW A CREDIT OF FIVE-THOUSAND DOLLARS PER NET NEW JOB CREATED AT ELIGIBLE BUSINESSES OPERATING WITHIN ELIGIBLE INDUSTRIES. THE NEWSPAPER AND BROADCAST MEDIA EXISTING JOBS COMPONENT SHALL ALLOW A TAX CREDIT AVAILABLE TO SUPPORT THE COSTS RELATED TO RETENTION OF EXISTING JOBS AT ELIGIBLE BUSINESSES OPERATING WITHIN ELIGIBLE INDUSTRIES. 12. (A)"BROADCAST MEDIA BUSINESS" MEANS ANY BROADCAST STATION WHICH: (I) HAS BEEN BROADCASTING FOR AT LEAST ONE YEAR PRIOR TO THE TAX YEAR FOR WHICH IT IS APPLYING FOR A CREDIT; (II) OWNS OR OPERATES A BROADCAST STATION, AS DEFINED BY SECTION THREE OF THE FEDERAL COMMUNICATIONS ACT OF 1934; AND (III) DISCLOSES ITS OWNERSHIP TO THE PUBLIC AT SUCH TIMES AND IN SUCH MANNER AS IDENTIFIED BY THE COMMISSIONER. (B) FOR PURPOSES OF THIS PARAGRAPH EACH FCC LICENSED BROADCAST STATION SERVING A SEPARATE MARKET SHALL BE TREATED AS A SEPARATE BROADCAST MEDIA BUSINESS. 13. "INDEPENDENTLY OWNED" SHALL MEAN A BUSINESS ENTITY THAT IS NOT: (A) A PUBLICLY TRADED ENTITY OR NO MORE THAN FIVE PERCENT OF THE BENEFI- CIAL OWNERSHIP OF WHICH IS OWNED, DIRECTLY OR INDIRECTLY BY A PUBLICLY TRADED ENTITY; (B) A SUBSIDIARY; AND (C) ANY OTHER CRITERIA THAT THE DEPARTMENT SHALL DETERMINE VIA REGULATIONS TO ENSURE THE BUSINESS IS NOT CONTROLLED BY ANOTHER BUSINESS ENTITY. § 493. ELIGIBILITY CRITERIA. TO BE ELIGIBLE FOR THE TAX CREDIT ESTAB- LISHED UNDER THIS SECTION, A BUSINESS ENTITY MUST: 1. BE AN ELIGIBLE BUSINESS OPERATING WITHIN AN ELIGIBLE INDUSTRY; 2. BE INDEPENDENTLY OWNED OR, IN THE CASE OF A PRINT MEDIA BUSINESS, DEMONSTRATE A REDUCTION IN CIRCULATION OR IN THE NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES OF AT LEAST TWENTY PERCENT OVER THE PREVIOUS FIVE YEARS; AND 3. OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY, AND BE LOCATED WITH- IN THE STATE OF NEW YORK. THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE. § 494. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; S. 8306--C 203 A. 8806--C (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; AND (E) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT. § 495. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. 1. A BUSINESS ENTITY THAT MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE, AND MEETS ANY ADDITIONAL ELIGIBILITY CRITERIA AS ARTICULATED IN REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION, AND DEMONSTRATES A NET EMPLOYEE INCREASE, MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME NET EMPLOYEE INCREASE AS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF TWEN- TY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 2. A BUSINESS ENTITY THAT MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE, AND MEETS ANY ADDI- TIONAL ELIGIBILITY CRITERIA AS ARTICULATED IN REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION, MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIFTY PERCENT OF ANNUAL WAGES OF AN ELIGIBLE EMPLOYEE. THE CALCULATION OF SUCH A CREDIT SHALL ONLY BE APPLIED TO UP TO FIFTY THOUSAND DOLLARS IN WAGES PAID ANNUALLY PER ELIGIBLE EMPLOYEE. A BUSINESS ENTITY, INCLUD- ING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPO- RATION, MAY NOT RECEIVE IN EXCESS OF THREE HUNDRED THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 3. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CRED- IT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED THIRTY MILLION DOLLARS FOR EACH YEAR THE CREDIT IS AVAILABLE. WITHIN THIS AMOUNT, THE NEWSPAPER AND BROADCAST MEDIA NEW JOB CREATION COMPO- NENT OF THE CREDIT MAY NOT EXCEED FOUR MILLION DOLLARS PER YEAR AND THE NEWSPAPER AND BROADCAST MEDIA EXISTING JOBS COMPONENT OF THE CREDIT MAY NOT EXCEED TWENTY-SIX MILLION DOLLARS PER YEAR. FIFTY PERCENT OF THE NEWSPAPER AND BROADCAST MEDIA EXISTING JOBS COMPONENT CREDITS WILL BE SET-ASIDE FOR ELIGIBLE BUSINESS ENTITIES WITH ONE HUNDRED OR FEWER EMPLOYEES. FIFTY PERCENT OF THE NEWSPAPER AND BROADCAST MEDIA EXISTING JOBS COMPONENT CREDITS WILL BE SET-ASIDE FOR ELIGIBLE BUSINESS ENTITIES WITH OVER ONE HUNDRED EMPLOYEES. IN BOTH INSTANCES THE CAP WILL BE THREE HUNDRED THOUSAND DOLLARS UNDER THIS PROGRAM. 4. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FORTY-NINE OF THE TAX LAW. § 496. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBILITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN SECTION FOUR HUNDRED NINETY-FIVE OF THIS ARTICLE WHICH, S. 8306--C 204 A. 8806--C NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRA- TIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE. § 3. The tax law is amended by adding a new section 49 to read as follows: § 49. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (E) OF THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO ARTICLE TWEN- TY-SEVEN OF THE ECONOMIC DEVELOPMENT LAW. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION SHALL BE ALLOWED ITS PRO-RATA SHARE OF THE CREDIT ALLOWED FOR THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. NO COST OR EXPENSE PAID OR INCURRED THAT IS INCLUDED AS PART OF THE CALCULATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE TO CLAIM THE NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO ARTICLE TWENTY-SEVEN OF THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (D) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-SEVEN OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (E) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED IN THIS SECTION SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 60. (2) ARTICLE 22: SECTION 606, SUBSECTION (PPP). § 4. Section 210-B of the tax law is amended by adding a new subdivi- sion 60 to read as follows: 60. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-NINE OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS S. 8306--C 205 A. 8806--C THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED- IT ALLOWABLE UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. § 5. Section 606 of the tax law is amended by adding a new subsection (ppp) to read as follows: (PPP) NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-NINE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. § 6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (li) to read as follows: (LI) NEWSPAPER AND BROADCAST AMOUNT OF CREDIT UNDER SUBDIVISION MEDIA JOBS TAX CREDIT UNDER SIXTY OF SECTION TWO HUNDRED TEN-B SUBSECTION (PPP) § 7. This act shall take effect immediately and shall apply to tax years beginning on or after January 1, 2025 and ending before January 1, 2028. PART BBB Section 1. Subsection (c-1) of section 606 of the tax law is amended by adding a new paragraph 5 to read as follows: (5) (A) FOR TAX YEAR TWO THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL ISSUE A PAYMENT OF A SUPPLEMENTAL EMPIRE STATE CHILD CREDIT IN THE AMOUNT OF (I) ONE HUNDRED PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL ADJUSTED GROSS INCOME WAS LESS THAN TEN THOUSAND DOLLARS; (II) SEVENTY-FIVE PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL ADJUSTED GROSS INCOME WAS GREATER THAN OR EQUAL TO TEN THOUSAND DOLLARS BUT LESS THAN TWENTY-FIVE THOUSAND DOLLARS; (III) FIFTY PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL ADJUSTED GROSS INCOME WAS GREATER THAN OR EQUAL TO TWENTY-FIVE THOUSAND DOLLARS BUT LESS THAN FIFTY THOUSAND DOLLARS; AND (IV) TWENTY-FIVE PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL ADJUSTED GROSS INCOME WAS GREATER THAN OR EQUAL TO FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT NO PAYMENT SHALL BE ISSUED IF IT IS LESS THAN TWENTY-FIVE DOLLARS. (B) THE SUPPLEMENTAL PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE ALLOWED TO TAXPAYERS WHO TIMELY FILED RETURNS PURSUANT TO SECTION SIX S. 8306--C 206 A. 8806--C HUNDRED FIFTY-ONE OF THIS ARTICLE, DETERMINED WITH REGARD TO EXTENSIONS PURSUANT TO SECTION SIX HUNDRED FIFTY-SEVEN OF THIS ARTICLE. § 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 BBB of this act shall be as specifically set forth in the last section of such Parts.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.