[ ] is old law to be omitted.
LBD12672-05-6
S. 6406--C 2 A. 9006--C
preparation education aid and in relation to the effectiveness there-
of; to amend the state finance law, in relation to the New York state
teen health education fund; to amend chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state oper-
ations, aid to localities, capital projects and debt service budgets,
in relation to the effectiveness thereof; 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 147 of the laws of 2001, amending the education law
relating to conditional appointment of school district, charter school
or BOCES employees, in relation to the effectiveness thereof; to amend
chapter 425 of the laws of 2002, amending the education law relating
to the provision of supplemental educational services, attendance at a
safe public school and the suspension of pupils who bring a firearm to
or possess a firearm at a school, in relation to the effectiveness
thereof; to amend chapter 101 of the laws of 2003, amending the educa-
tion law relating to implementation of the No Child Left Behind Act of
2001, in relation to the effectiveness thereof; relates to school bus
driver training; relates to special apportionment for salary expenses
and public pension accruals; relates to suballocations of appropri-
ations; relates to the development, maintenance or expansion of magnet
schools; relates to the support of public libraries; to amend chapter
121 of the laws of 1996 relating to authorizing the Roosevelt union
free school district to finance deficits by the issuance of serial
bonds, in relation to certain apportionments; to amend the education
law, in relation to aid for employment preparation education programs;
to direct the commissioner of education to examine the reduced price
lunch program; to amend the education law, in relation to extending
the apportionment of public moneys to school districts employing eight
or more teachers; and to direct the commissioner of education on how
to recover certain penalties (Part A); to amend the education law, in
relation to school emergency response plans (Part B); intentionally
omitted (Part C); to amend the education law, in relation to the
NY-SUNY 2020 challenge grant program act; and 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 2020 challenge grant program, in relation to the effective-
ness thereof (Part D); to amend the state finance law, in relation to
the creation of the SUNY Stony Brook Affiliation escrow fund (Part E);
intentionally omitted (Part F); to amend chapter 161 of the laws of
2005 amending the education law relating to the New York state
licensed social worker loan forgiveness program, in relation to the
effectiveness thereof; to amend part V of chapter 57 of the laws of
2005 amending the education law relating to the New York state nursing
faculty loan forgiveness incentive program and the New York state
nursing faculty scholarship program, in relation to the effectiveness
thereof; to amend chapter 31 of the laws of 1985 amending the educa-
tion law relating to regents scholarships in certain professions, in
relation to the effectiveness thereof; and to amend the education law,
in relation to forgiving loans upon the death of the recipient (Part
G); intentionally omitted (Part H); intentionally omitted (Part I);
intentionally omitted (Part J); to amend the labor law, in relation to
the rate of minimum wage; and to repeal certain provisions of such law
relating thereto (Part K); intentionally omitted (Part L); to amend
the family court act, in relation to findings that must be made at
S. 6406--C 3 A. 9006--C
permanency hearings, and to amend the social services law, in relation
to guardianship expenses, the reasonable and prudent parent standard
and the criminal history of prospective foster and adoptive parents
(Part M); intentionally omitted (Part N); 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 O); to
utilize reserves in the mortgage insurance fund for various housing
purposes (Part P); to amend part D of chapter 58 of the laws of 2011
amending the education law relating to capital facilities in support
of the state university and community colleges, procurement and the
state university health care facilities, in relation to the effective-
ness thereof (Part Q); to amend the education law, in relation to
income for the purposes of student financial aid (Part R); to amend
part K of chapter 58 of the laws of 2010 amending the social services
law relating to establishing the savings plan demonstration project,
in relation to extending the period of effectiveness thereof (Part S);
to amend the education law, in relation to associate of occupational
studies degree options (Part T); to amend the education law, in
relation to the foster youth college success initiative (Part U); to
amend the education law, in relation to tuition, aid and placement
report for all non-public institutions of higher education (Part V);
to amend the social services law, in relation to the powers and duties
of the commissioner of social services relating to the appointment of
a temporary operator; and providing for the repeal of such provisions
upon expiration thereof (Part W); to amend the social services law, in
relation to exempting certain automobiles from calculations of bene-
fits of households under public assistance programs (Part X); to amend
the social services law, in relation to requiring an explicit written
determination by the health care practitioner when the diagnoses
differ from an applicant's treating health care practitioner (Part Y);
to amend the retirement and social security law, in relation to
authorizing the state as an amortizing employer to make certain
prepayments into the retirement system (Part Z); to amend chapter 495
of the laws of 2004 amending the insurance law and the public health
law relating to the New York state health insurance continuation
assistance demonstration project, in relation to the effectiveness
thereof (Part AA); to amend the insurance law, in relation to
reduction in rates of property/casualty insurance on residential prop-
erty for insureds who complete an approved homeowner natural disaster
preparedness, home safety and loss prevention course (Part BB); to
amend the banking law, in relation to utilization of the standard
financial aid award letter for undergraduate financial aid applicants
(Part CC); to amend the education law, in relation to chargeback rates
for students of the state university of New York and the city univer-
sity of New York (Part DD); to amend part U of chapter 55 of the laws
of 2014, amending the real property tax law relating to the tax abate-
ment and exemption for rent regulated and rent controlled property
occupied by senior citizens, in relation to extending the effective-
ness thereof and limiting state liability for reimbursement to the
city of New York pursuant thereto; and to amend section 4 of chapter
129 of the laws of 2014, amending the real property tax law relating
to the tax abatement and exemption for rent regulated and rent
controlled property occupied by persons with disabilities, in relation
to extending the effectiveness thereof (Part EE); authorizing the town
of Riverhead, county of Suffolk to refund bonds previously issued for
the acquisition of land for permanent rights on land (Part FF); to
S. 6406--C 4 A. 9006--C
amend the volunteer firefighters' benefit law, in relation to increas-
ing the amount of permanent total disability benefits (Part GG); to
amend the transportation law, in relation to airport improvement and
revitalization grants and loans (Part HH); to amend part C of chapter
58 of the laws of 2005 authorizing reimbursements for expenditures
made by or on behalf of social services districts for medical assist-
ance for needy persons and administration thereof, in relation to
authorizing the commissioner of health to establish a statewide Medi-
caid integrity and efficiency initiative; and providing for the repeal
of such provisions upon expiration thereof (Part II); to amend part H
of chapter 59 of the laws of 2011, amending the public health law and
other laws relating to known and projected department of health state
fund Medicaid expenditures, in relation to minimum wage increases
(Part JJ); to amend the administrative code of the city of New York,
in relation to police department reporting requirements (Part KK); to
amend the state finance law, in relation to establishing the Health
Republic Insurance of New York fund (Part LL); to amend the executive
law, in relation to transferring certain functions to the division of
state police from the division of homeland security and emergency
services (Part MM); to amend public authorities law, in relation to
committing the state of New York and the city of New York to partially
fund part of the costs of the Metropolitan Transportation Authority's
capital program (Part NN); to amend the public authorities law, in
relation to procurements by the New York City transit authority and
the metropolitan transportation authority; and providing for the
repeal of such provisions upon expiration thereof (Part OO); to amend
the public authorities law and the general municipal law, in relation
to the New York transit authority and the metropolitan transportation
authority; and providing for the repeal of certain provisions upon
expiration thereof (Part PP); to amend chapter 60 of the laws of 2011,
amending the New York state urban development corporation act relating
to the new markets tax credits, in relation to extending the effec-
tiveness thereof (Part QQ); to amend the public authorities law, in
relation to establishing the New York state design and construction
corporation act; and providing for the repeal of such provisions upon
expiration thereof (Part RR); to amend the workers' compensation law
and the insurance law, in relation to providing paid family leave
benefits (Part SS); to amend the public authorities law, the canal
law, the state finance law, the public officers law, the transporta-
tion law, and the parks, recreation and historic preservation law, in
relation to eliminating the canal corporation; and to repeal certain
provisions of the public authorities law and the public officers law
relating thereto (Part TT); and to provide for the administration of
certain funds and accounts related to the 2016-17 budget, authorizing
certain payments and transfers; to amend the state finance law, in
relation to the rainy day reserve fund, the dedicated infrastructure
investment fund infrastructure investment account, and the school tax
relief fund; to amend the state finance law, in relation to payments,
transfers and deposits; to amend the state finance law, in relation to
the period for which appropriations can be made; to amend the state
finance law, in relation to certain reports; to amend chapter 453 of
the laws of 2015 amending the state finance law relating to tax check-
off fund, in relation to source of monies; to amend the New York state
urban development corporation act, in relation to funding project
costs for certain capital projects; to amend chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
S. 6406--C 5 A. 9006--C
improvement fund and the youth facility improvement fund, in relation
to the issuance of bonds; to amend the private housing finance law, in
relation to housing program bonds and notes; to amend chapter 329 of
the laws of 1991, amending the state finance law and other laws relat-
ing to the establishment of the dedicated highway and bridge trust
fund, in relation to the issuance of bonds; to amend the public
authorities law, in relation to the issuance of bonds; to amend the
public authorities law, in relation to the dormitory authority; to
amend 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 issuance of bonds by the urban development
corporation; to amend the New York state urban development corporation
act, in relation to the issuance of bonds; to amend the public author-
ities law, in relation to the state environmental infrastructure
projects; to amend the New York state urban development corporation
act, in relation to authorizing the urban development corporation to
issue bonds to fund project costs for the implementation of a NY-CUNY
challenge grant program; to amend 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 increasing
the aggregate amount of bonds to be issued by the New York state urban
development corporation; to amend the public authorities law, in
relation to financing of peace bridge and transportation capital
projects; to amend the public authorities law, in relation to dormito-
ries at certain educational institutions other than state operated
institutions and statutory or contract colleges under the jurisdiction
of the state university of New York; to amend the New York state
medical care facilities finance agency act, in relation to bonds and
mental health facilities improvement notes; to amend 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 increasing the amount of authorized matching capital
grants; to direct the distribution of local sales tax revenue from the
city of New York; to amend the public authorities law, in relation to
cultural education facilities; to amend chapter 35 of the laws of 1979
relating to appropriating funds to the New York state urban develop-
ment corporation, in relation to making technical corrections; and
providing for the repeal of certain provisions upon expiration thereof
(Part UU)
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
which are necessary to implement the state fiscal plan for the 2016-2017
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through UU. 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, includ-
ing 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.
S. 6406--C 6 A. 9006--C
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
2015, 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
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
S. 6406--C 7 A. 9006--C
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. For
purposes of this paragraph, the "gap elimination adjustment percentage"
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.
S 2. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 2 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" 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".
S 3. Subdivision 12 of section 3602 of the education law is amended by
adding a fourth undesignated paragraph to read as follows:
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 "2015-16 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND ENTITLED
"SA151-6", AND SUCH APPORTIONMENT 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. 6406--C 8 A. 9006--C
S 4. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 4 of part A of chapter 56 of the
laws of 2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years equal to the greater of (1) the amount
set forth for such school district as "HIGH TAX AID" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910" or (2) the amount set
forth for such school district as "HIGH TAX AID" under the heading
"2013-14 ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the executive budget for the 2013-14
fiscal year and entitled "BT131-4".
S 5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 5 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the elec-
tronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as "UNIVERSAL PREKINDER-
S. 6406--C 9 A. 9006--C
GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen through two thousand [fifteen]
SIXTEEN--two thousand [sixteen] SEVENTEEN school years each school
district shall be eligible for a maximum grant equal to the greater of
(i) the amount set forth for such school district as "UNIVERSAL PREKIN-
DERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", or (ii) the
amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
under the heading "2010-11 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner on May fifteenth, two thousand
eleven pursuant to paragraph b of subdivision twenty-one of section
three hundred five of this chapter, and provided further that the maxi-
mum grant shall not exceed the total actual grant expenditures incurred
by the school district in the current school year as approved by the
commissioner.
S 6. Paragraph h of subdivision 17 of section 3602 of the education
law, as added by section 5-b of part A of chapter 56 of the laws of
2015, is amended to read as follows:
h. The gap elimination adjustment [restoration amount] for the two
thousand sixteen--two thousand seventeen school year and thereafter
shall equal [the product of the gap elimination percentage for such
district and the gap elimination adjustment restoration allocation
established pursuant to subdivision eighteen of this section] ZERO.
S 7. The opening paragraph, subparagraph 1 of paragraph a, clause (ii)
of subparagraph 2 of paragraph b and paragraph d of subdivision 4 of
section 3602 of the education law, as amended by section 5-a of part A
of chapter 56 of the laws of 2015, are amended and a new paragraph b-2
is added 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
S. 6406--C 10 A. 9006--C
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
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, PROVIDED, HOWEVER, THAT FOR
THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR SUCH MAXI-
MUM SHALL BE NO MORE THAN THE SUM OF (I) THE PRODUCT OF SUCH TOTAL FOUN-
DATION 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 EXECU-
TIVE 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 thou-
sand twelve school years, each school district shall receive total foun-
dation 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
S. 6406--C 11 A. 9006--C
section. For the purposes of calculating aid pursuant to this subdivi-
sion, aid for the city school district of the city of New York shall be
calculated on a citywide basis.
(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 computed pursuant to section two
thousand twenty-two of this chapter, 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 [fifteen] SIXTEEN--two thousand
[sixteen] SEVENTEEN school years, the foundation amount shall be further
adjusted by the phase-in foundation percent established pursuant to
paragraph b of this subdivision.
(ii) Phase-in foundation increase factor. For the two thousand
eleven--two thousand twelve school year, the phase-in foundation
increase factor shall equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one million or more, five and twenty-three hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city school district of a
city having a population of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district other than a
city school district having a population of one million or more for
which (A) the quotient of the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other school districts, four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one million or
more, thirteen and two hundred seventy-four thousandths percent
(0.13274); or (2) for districts where the quotient arrived at when
dividing (A) the product of the total aidable foundation pupil units
multiplied by the district's selected foundation aid less the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable founda-
tion pupil units multiplied by the district's selected foundation aid is
greater than nineteen percent (0.19), and where the district's combined
wealth ratio is less than thirty-three hundredths (0.33), seven and
seventy-five hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of subparagraph two of
S. 6406--C 12 A. 9006--C
paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", four percent (0.04); or (4) for a city school
district in a city having a population of one hundred twenty-five thou-
sand or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
or central school districts whose boundaries include a portion of a
small city for the school aid computer listing produced by the commis-
sioner in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four and seven
hundred fifty-one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and for the two thousand sixteen--two
thousand seventeen SCHOOL YEAR SHALL EQUAL FOR AN ELIGIBLE SCHOOL
DISTRICT THE GREATER OF: (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE, SEVEN AND SEVEN HUNDRED EIGHTY FOUR
THOUSANDTHS PERCENT (0.07784); OR (2) FOR A CITY SCHOOL DISTRICT IN A
CITY WITH A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND BUT LESS
THAN ONE MILLION AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, SEVEN
AND THREE HUNDREDTHS PERCENT (0.0703); OR (3) FOR A CITY SCHOOL DISTRICT
IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED THOUSAND BUT LESS
THAN TWO HUNDRED FIFTY THOUSAND AS OF THE MOST RECENT FEDERAL DECENNIAL
CENSUS, SIX AND SEVENTY-TWO HUNDREDTHS PERCENT (0.0672); OR (4) FOR A
CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE
HUNDRED FIFTY THOUSAND BUT LESS THAN TWO HUNDRED THOUSAND AS OF THE MOST
RECENT FEDERAL DECENNIAL CENSUS, SIX AND SEVENTY-FOUR HUNDREDTHS PERCENT
(0.0674); OR (5) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED
FIFTY THOUSAND AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, NINE AND
FIFTY-FIVE HUNDREDTHS PERCENT (0.0955); OR (6) FOR SCHOOL DISTRICTS THAT
WERE DESIGNATED AS SMALL CITY SCHOOL DISTRICTS OR CENTRAL SCHOOL
DISTRICTS WHOSE BOUNDARIES INCLUDE A PORTION OF A SMALL CITY FOR THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE ENACTED BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR AND ENTITLED "SA141-5" WITH A COMBINED WEALTH RATIO LESS
THAN ONE AND FOUR TENTHS (1.4), NINE PERCENT (0.09), PROVIDED, HOWEVER,
THAT FOR SUCH DISTRICTS THAT ARE ALSO DISTRICTS DESIGNATED AS HIGH NEED
URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C
OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED
"SA0708", NINE AND SEVEN HUNDRED AND NINETEEN THOUSANDTHS PERCENT
(0.09719); OR (7) FOR SCHOOL DISTRICTS DESIGNATED AS HIGH NEED RURAL
PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", THIRTEEN
AND SIX TENTHS PERCENT (0.136); OR (8) FOR SCHOOL DISTRICTS DESIGNATED
AS HIGH NEED URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO
OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND
ENTITLED "SA0708", SEVEN HUNDRED NINETEEN THOUSANDTHS PERCENT (0.00719);
OR (9) FOR ALL OTHER ELIGIBLE SCHOOL DISTRICTS, FORTY-SEVEN HUNDREDTHS
PERCENT (0.0047) AND FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN school year and thereafter the commissioner shall annually deter-
S. 6406--C 13 A. 9006--C
mine the phase-in foundation increase factor 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 there-
in.
B-2. DUE MINIMUM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR THE
TOTAL FOUNDATION AID SHALL NOT BE LESS THAN THE SUM OF THE TOTAL FOUNDA-
TION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF
THIS SECTION PLUS THE DUE MINIMUM FOR THE TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN SCHOOL YEAR, WHERE SUCH DUE MINIMUM SHALL EQUAL THE
DIFFERENCE OF (1) THE PRODUCT OF (A) TWO PERCENT (0.02) MULTIPLIED BY
(B) THE DIFFERENCE OF TOTAL FOUNDATION AID FOR THE BASE YEAR LESS THE
GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR, LESS (2) THE SUM OF (A)
THE DIFFERENCE OF 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 THE AMOUNTS SET FORTH
FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2015-16
BASE YEAR AIDS" IN SUCH COMPUTER LISTING PLUS (B) THE GAP ELIMINATION
ADJUSTMENT FOR THE BASE YEAR.
d. For the two thousand fourteen--two thousand fifteen [and two thou-
sand fifteen--two thousand sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years a city school district of a city having
a population of one million or more may use amounts apportioned pursuant
to this subdivision for afterschool programs.
S 8. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph e to read as follows:
E. COMMUNITY SCHOOLS AID SET-ASIDE. 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 FOLLOWING AMOUNT, IF ANY,
FOR SUCH DISTRICT AND SHALL USE THE AMOUNT SO SET ASIDE TO SUPPORT THE
TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER CO-LO-
CATED OR SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL HEALTH, NUTRITION, COUN-
SELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES,
INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINA-
TOR, OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE STUDENTS' ACADEMIC
ACHIEVEMENT:
ADDISON $132,624
ADIRONDACK $98,303
AFTON $62,527
ALBANY $2,696,127
ALBION $171,687
ALTMAR-PARISH-WILLIAMSTOWN $154,393
AMITYVILLE $140,803
AMSTERDAM $365,464
ANDOVER $41,343
AUBURN $211,759
AUSABLE VALLEY $82,258
AVOCA $40,506
BATAVIA $116,085
BATH $139,788
BEACON $87,748
BEAVER RIVER $67,970
BEEKMANTOWN $98,308
S. 6406--C 14 A. 9006--C
BELFAST $44,520
BELLEVILLE HENDERSON $21,795
BINGHAMTON $477,949
BOLIVAR-RICHBURG $102,276
BRADFORD $28,058
BRASHER FALLS $146,944
BRENTWOOD $2,089,437
BRIDGEWATER-WEST WINFIELD (MT. MARKHAM) $101,498
BROCTON $63,939
BROOKFIELD $24,973
BRUSHTON-MOIRA $102,613
BUFFALO $12,524,617
CAMDEN $243,929
CAMPBELL-SAVONA $81,862
CANAJOHARIE $78,428
CANASERAGA $24,622
CANDOR $69,400
CANISTEO-GREENWOOD $105,783
CARTHAGE $273,578
CASSADAGA VALLEY $99,547
CATSKILL $69,599
CATTARAUGUS-LITTLE VALLEY $89,771
CENTRAL ISLIP $650,359
CENTRAL VALLEY $154,059
CHARLOTTE VALLEY $27,925
CHATEAUGAY $43,580
CHEEKTOWAGA-SLOAN $68,242
CHENANGO VALLEY $46,359
CHERRY VALLEY-SPRINGFIELD $29,704
CINCINNATUS $71,378
CLIFTON-FINE $17,837
CLYDE-SAVANNAH $84,797
CLYMER $28,267
COHOES $110,625
COPENHAGEN $35,037
COPIAGUE $308,995
CORTLAND $147,875
CROWN POINT $24,277
CUBA-RUSHFORD $67,917
DALTON-NUNDA (KESHEQUA) $65,630
DANSVILLE $136,766
DE RUYTER $38,793
DEPOSIT $37,615
DOLGEVILLE $82,884
DOWNSVILLE $10,000
DUNDEE $59,404
DUNKIRK $224,658
EAST RAMAPO (SPRING VALLEY) $360,848
EDMESTON $30,288
EDWARDS-KNOX $95,261
ELIZABETHTOWN-LEWIS $14,844
ELLENVILLE $128,950
ELMIRA $501,348
FALLSBURG $111,523
FILLMORE $84,252
FORESTVILLE $34,773
S. 6406--C 15 A. 9006--C
FORT EDWARD $32,403
FORT PLAIN $86,187
FRANKLIN $19,086
FRANKLINVILLE $84,503
FREEPORT $479,702
FRIENDSHIP $51,013
FULTON $241,424
GENESEE VALLEY $65,066
GENEVA $146,409
GEORGETOWN-SOUTH OTSELIC $34,626
GILBERTSVILLE-MOUNT UPTON $30,930
GLENS FALLS COMMON $10,000
GLOVERSVILLE $257,549
GOUVERNEUR $197,139
GOWANDA $122,173
GRANVILLE $86,044
GREEN ISLAND $17,390
GREENE $87,782
HADLEY-LUZERNE $37,868
HAMMOND $18,750
HANCOCK $34,174
HANNIBAL $149,286
HARPURSVILLE $89,804
HEMPSTEAD $3,123,056
HERKIMER $64,467
HERMON-DEKALB $49,211
HEUVELTON $53,905
HINSDALE $47,128
HORNELL $152,327
HUDSON $86,263
HUDSON FALLS $125,709
INDIAN RIVER $404,452
JAMESTOWN $422,610
JASPER-TROUPSBURG $65,899
JEFFERSON $22,350
JOHNSON $179,735
JOHNSTOWN $98,329
KINGSTON $241,138
KIRYAS JOEL $10,000
LA FARGEVILLE $36,602
LACKAWANNA $293,188
LANSINGBURGH $170,080
LAURENS $32,110
LIBERTY $141,704
LISBON $56,498
LITTLE FALLS $76,292
LIVINGSTON MANOR $32,996
LOWVILLE $117,907
LYME $15,856
LYONS $89,298
MADISON $43,805
MADRID-WADDINGTON $59,412
MALONE $241,483
MARATHON $79,560
MARGARETVILLE $10,000
MASSENA $227,985
S. 6406--C 16 A. 9006--C
MCGRAW $51,558
MEDINA $135,337
MIDDLEBURGH $58,936
MIDDLETOWN $683,511
MILFORD $28,281
MONTICELLO $185,418
MORIAH $76,592
MORRIS $45,012
MORRISTOWN $25,106
MORRISVILLE-EATON $62,490
MT MORRIS $58,594
MT VERNON $517,463
NEW YORK CITY $28,491,241
NEWARK $137,556
NEWBURGH $837,244
NEWFIELD $60,998
NIAGARA FALLS $733,330
NORTH ROSE-WOLCOTT $107,958
NORTHERN ADIRONDACK $84,115
NORWICH $155,921
NORWOOD-NORFOLK $116,262
ODESSA-MONTOUR $70,110
OGDENSBURG $126,942
OLEAN $129,603
OPPENHEIM-EPHRATAH-ST. JOHNSVILLE $86,646
OTEGO-UNADILLA $72,613
OXFORD ACAD & CENTRAL SCHOOLS $80,443
PARISHVILLE-HOPKINTON $35,003
PEEKSKILL $230,795
PENN YAN $71,001
PINE VALLEY (SOUTH DAYTON) $67,455
PLATTSBURGH $75,055
POLAND $37,498
PORT CHESTER-RYE $241,428
PORT JERVIS $189,220
POUGHKEEPSIE $1,747,582
PRATTSBURGH $35,110
PULASKI $89,146
PUTNAM $10,000
RANDOLPH $88,646
RED CREEK $87,007
REMSEN $32,650
RENSSELAER $74,616
RICHFIELD SPRINGS $37,071
RIPLEY $18,495
ROCHESTER $7,624,908
ROME $369,655
ROMULUS $22,112
ROOSEVELT $353,005
SALAMANCA $139,051
SALMON RIVER $200,831
SANDY CREEK $72,287
SCHENECTADY $642,884
SCHENEVUS $29,516
SCIO $47,097
SHARON SPRINGS $26,994
S. 6406--C 17 A. 9006--C
SHERBURNE-EARLVILLE $154,286
SHERMAN $45,067
SIDNEY $98,699
SILVER CREEK $68,538
SODUS $100,038
SOLVAY $85,506
SOUTH KORTRIGHT $23,420
SOUTH LEWIS $95,627
SOUTH SENECA $49,768
SPENCER-VAN ETTEN $76,108
ST REGIS FALLS $30,078
STAMFORD $20,137
STOCKBRIDGE VALLEY $38,537
SYRACUSE $10,186,478
TICONDEROGA $36,467
TIOGA $99,411
TROY $277,420
UNADILLA VALLEY $90,571
UNIONDALE $362,887
UTICA $273,267
VAN HORNESVILLE-OWEN D. YOUNG $18,604
WALTON $82,541
WARRENSBURG $57,996
WATERLOO $123,111
WATERTOWN $222,343
WATERVLIET $94,487
WAVERLY $120,319
WAYLAND-COHOCTON $125,273
WELLSVILLE $114,359
WEST CANADA VALLEY $58,917
WESTBURY $403,563
WESTFIELD $46,542
WHITEHALL $46,192
WHITESVILLE $26,719
WHITNEY POINT $152,109
WILLIAM FLOYD $492,842
WORCESTER $26,862
WYANDANCH $402,010
YONKERS $4,286,726
YORKSHIRE-PIONEER $210,306
S 9. Intentionally Omitted.
S 10. The opening paragraph of section 3609-a of the education law, as
amended by section 6 of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the [two thousand fifteen--two thousand sixteen] TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 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
S. 6406--C 18 A. 9006--C
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 six 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
fourteen--two thousand fifteen school year, reference to such "school
aid computer listing for the current year" shall mean the printouts
entitled "SA141-5". For aid payable in the two thousand fifteen--two
thousand sixteen school year, reference to such "school aid computer
listing for the current year" shall mean the printouts entitled
"SA151-6".] FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING
FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "SA161-7".
S 11. Subparagraphs 5, 6 and 7 of paragraph (e) of subdivision 3 of
section 2853 of the education law, as added by section 5 of part BB of
chapter 56 of the laws of 2014, are amended to read as follows:
(5) For a new charter school whose charter is granted or for an exist-
ing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity [before October first, two
thousand sixteen], if the appeal results in a determination in favor of
the charter school, the city school district shall pay the charter
school an amount attributable to the grade level expansion or the forma-
tion of the new charter school that is equal to the lesser of:
(A) the actual rental cost of an alternative privately owned site
selected by the charter school or
(B) twenty percent of the product of the charter school's basic
tuition for the current school year and (i) for a new charter school
that first commences instruction on or after July first, two thousand
fourteen, the charter school's current year enrollment; or (ii) for a
charter school which expands its grade level, pursuant to this article,
[before October first, two thousand sixteen,] the positive difference of
the charter school's enrollment in the current school year minus the
charter school's enrollment in the school year prior to the first year
of the expansion.
(6) [For a new charter school whose charter is granted or for an
existing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity on or after October first,
two thousand sixteen, if the appeal results in a determination in favor
of the charter school, the city school district shall pay the charter
S. 6406--C 19 A. 9006--C
school an amount attributable to the grade level expansion or the forma-
tion of the new charter school that is equal to the maximum cost allow-
ance established by the commissioner for leases aidable under subdivi-
sion six of section thirty-six hundred two of this chapter.
(7)] An arbitration in an appeal pursuant to this paragraph shall be
conducted by a single arbitrator selected in accordance with this
subparagraph from a list of arbitrators from the American arbitration
association's panel of labor arbitrators, with relevant biographical
information, submitted by such association to the commissioner pursuant
to paragraph a of subdivision three of section three thousand twenty-a
of this chapter. Upon request by the charter school, the commissioner
shall forthwith send a copy of such list and biographical information
simultaneously to the charter school and city school district. The
parties shall, by mutual agreement, select an arbitrator from the list
within fifteen days from receipt of the list, and if the parties fail to
agree on an arbitrator within such fifteen day period or fail within
such fifteen day period to notify the commissioner that an arbitrator
has been selected, the commissioner shall appoint an arbitrator from the
list to serve as the arbitrator. The arbitration shall be conducted in
accordance with the American arbitration association's rules for labor
arbitration, except that the arbitrator shall conduct a pre-hearing
conference within ten to fifteen days of agreeing to serve and the arbi-
tration shall be completed and a decision rendered within the time
frames prescribed for hearings pursuant to section three thousand twen-
ty-a of this chapter. The arbitrator's fee shall not exceed the rate
established by the commissioner for hearings conducted pursuant to
section three thousand twenty-a of this chapter, and the cost of such
fee, the arbitrator's necessary travel and other reasonable expenses,
and all other hearing expenses shall be borne equally by the parties to
the arbitration.
S 11-a. Subdivision 6-g of section 3602 of the education law, as added
by section 6 of part BB of chapter 56 of the laws of 2014, is amended to
read as follows:
6-g. Charter schools facilities aid. a. The city school district of
the city of New York, upon documenting that it has incurred total aggre-
gate expenses of forty million dollars or more pursuant to [subpara-
graphs] SUBPARAGRAPH five [and six] of paragraph (e) of subdivision
three of section twenty-eight hundred fifty-three of this chapter, shall
be eligible for an apportionment pursuant to this subdivision for its
annual approved expenditures for the lease of space for charter schools
incurred in the base year in accordance with paragraph (e) of subdivi-
sion three of section twenty-eight hundred fifty-three of this chapter.
b. The apportionment shall equal the product of (1) the sum of:
[(A)] for aid payable for expenses incurred pursuant to subparagraph
five of paragraph (e) of subdivision three of section twenty-eight
hundred fifty-three of this chapter where the charter school prevails on
appeal, the annual approved expenses incurred by the city school
district pursuant to such subparagraph five[; and
(B) for aid payable for expenses incurred pursuant to subparagraph six
of paragraph (e) of subdivision three of section twenty-eight hundred
fifty-three of this chapter where the charter school prevails on appeal,
the actual annual approved rental expenses incurred pursuant to such
subparagraph six] multiplied by
(2) six-tenths.
c. For purposes of this subdivision, the approved expenses attribut-
able to a lease by a charter school of a privately owned site shall be
S. 6406--C 20 A. 9006--C
the lesser of the actual rent paid under the lease or the maximum cost
allowance established by the commissioner for leases aidable under
subdivision six of this section.
d. Notwithstanding any provision of law to the contrary, amounts
apportioned pursuant to this subdivision shall not be included in: (1)
the allowable growth amount computed pursuant to paragraph dd of subdi-
vision one of this section, (2) the preliminary growth amount computed
pursuant to paragraph ff of subdivision one of this section, and (3) the
allocable growth amount computed pursuant to paragraph gg of subdivision
one of this section, and shall not be considered, and shall not be
available for interchange with, general support for public schools.
S 12. Intentionally omitted.
S 13. Intentionally omitted.
S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of subdi-
vision 1 of section 3602 of the education law, as amended by section 11
of part B of chapter 57 of the laws of 2007, are amended to read as
follows:
(i) determine the number of pupils tested who scored below the state-
wide reference point as determined by the commissioner on each test
administered pursuant to this subparagraph, plus pupils, other than
pupils with disabilities and ENGLISH LANGUAGE LEARNER pupils [with
limited English proficiency] as defined by the commissioner who are
exempt from taking such tests, provided, however, that a district
employing eight or more teachers in such years but not operating each
grade may use the percentage computed pursuant to this paragraph for the
district which in such years enrolled the greatest number of pupils in
such grade from such district;
(ii) divide the sum of such numbers by the number of such pupils who
took each of such tests, plus pupils, other than pupils with disabili-
ties and ENGLISH LANGUAGE LEARNER pupils [with limited English profi-
ciency] as defined by the commissioner who are exempt from taking such
tests, provided, however, that a district which in any of the applicable
school years did not maintain a home school or employed fewer than eight
teachers, and which in the base year employed eight or more teachers,
may use the scores in a later test as designated by the commissioner for
the purposes of this paragraph;
S 15. Paragraph o of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall
mean the number of pupils served in the base year in programs for pupils
with limited English proficiency approved by the commissioner pursuant
to the provisions of this chapter and in accordance with regulations
adopted for such purpose.
S 16. Paragraph b of subdivision 2 of section 3602-d of the education
law, as added by chapter 792 of the laws of 1990, is amended to read as
follows:
(b) "Disadvantaged" shall mean individuals (other than handicapped
individuals) who have economic or academic disadvantages and who require
special services and assistance in order to enable them to succeed in
work-prep programs. Such term includes individuals who are: members of
economically disadvantaged families as set forth in regulations promul-
gated by the department pursuant to sections sixty-four hundred fifty-
one and sixty-four hundred fifty-two of this chapter or as set forth in
the Federal Job Training Partnership Act of nineteen hundred eighty-two
(PL 97-300) (29 U.S.C.A. S 1501 et seq.); migrants; [individuals who
S. 6406--C 21 A. 9006--C
have limited English proficiency] ENGLISH LANGUAGE LEARNERS; and indi-
viduals who are identified as potential dropouts from secondary school.
S 17. Paragraph d of subdivision 4 of section 3602-f of the education
law, as added by section 83-a of part L of chapter 405 of the laws of
1999, is amended to read as follows:
d. [Limited English proficient] ENGLISH LANGUAGE LEARNER pupil count
as defined in paragraph o of subdivision one of section thirty-six
hundred two of this article.
S 18. Section 3604 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. FOR PURPOSES OF THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND
"LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER".
S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of
section 3641 of the education law, as added by section 2 of part B of
chapter 58 of the laws of 2011, is amended to read as follows:
(B) [students with limited English proficiency and] students who are
English language learners;
S 20. Intentionally Omitted.
S 21. Notwithstanding any provision of law to the contrary, for the
2016-2017 school year and thereafter, for any pre-kindergarten program
receiving state funds that is identified by the office of children and
family services, the department of health and mental hygiene of the city
of New York, or the state education department as needing extraordinary
quality support, such entity shall provide a recommendation for such
program to voluntarily participate in QUALITYstarsNY subject to avail-
able appropriation.
S 22. Intentionally omitted.
S 23. Subdivision 16 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:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[sixteen] SEVENTEEN; provided that the program shall continue and remain
in full effect.
S 24. Paragraph b of subdivision 6-c of section 3602 of the education
law, as added by chapter 1 of the laws of 2013, is amended to read as
follows:
b. For projects approved by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, security cameras or other security devices
approved by the commissioner that increase the safety of students and
school personnel, provided that for purposes of this paragraph such
other security devices shall be limited to electronic security systems
and hardened doors, and provided that for projects approved by the
commissioner on or after the first day of July two thousand thirteen and
before the first day of July [two thousand sixteen] TWO THOUSAND SEVEN-
TEEN such additional aid shall equal the product of (i) the building aid
ratio computed for use in the current year pursuant to paragraph c of
subdivision six of this section plus ten percentage points, except that
in no case shall this amount exceed one hundred percent, and (ii) the
actual approved expenditures incurred in the base year pursuant to this
subdivision, provided that the limitations on cost allowances prescribed
by paragraph a of subdivision six of this section shall not apply, and
provided further that any projects aided under this paragraph must be
included in a district's school safety plan. The commissioner shall
annually prescribe a special cost allowance for metal detectors, and
S. 6406--C 22 A. 9006--C
security cameras, and the approved expenditures shall not exceed such
cost allowance.
S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa-
tion law relating to contracts for the transportation of school chil-
dren, as amended by chapter 116 of the laws of 2013, is amended to read
as follows:
S 2. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2017] 2020, when upon such
date the provisions of this act shall be deemed repealed.
S 26. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 8 of part A of chapter 56 of the laws of
2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN.
S 27. Subdivision 6 of section 4402 of the education law, as amended
by section 9 of part A of chapter 56 of the laws of 2015, 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 [sixteen] SEVENTEEN of the
[two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school year, 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 popu-
lation 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
S. 6406--C 23 A. 9006--C
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 subdivision 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 pursu-
ant to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that the board has failed to
develop or implement an approved corrective action plan.
S 28. 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
13 of part A of chapter 56 of the laws of 2015, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the 2012--2013 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or
twelve dollars and thirty-five cents per contact hour, reimbursement for
the 2013--2014 school year shall not exceed 62.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars and sixty-
five cents per contact hour, reimbursement for the 2014--2015 school
year shall not exceed 61.6 percent of the lesser of such approvable
costs per contact hour or thirteen dollars per contact hour, [and]
reimbursement for the 2015--2016 school year shall not exceed 60.7
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars and forty cents per contact hour, AND REIMBURSEMENT FOR THE
2016--2017 SCHOOL YEAR SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS NINETY CENTS
PER CONTACT HOUR 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 2012--2013 school year
such contact hours shall not exceed one million six hundred sixty-four
thousand five hundred thirty-two (1,664,532) hours; whereas for the
2013--2014 school year such contact hours shall not exceed one million
six hundred forty-nine thousand seven hundred forty-six (1,649,746)
hours; whereas for the 2014--2015 school year such contact hours shall
not exceed one million six hundred twenty-five thousand (1,625,000)
hours; whereas for the 2015--2016 school year such contact hours shall
not exceed one million five hundred ninety-nine thousand fifteen
(1,599,015) HOURS; WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED FIFTY-ONE THOUSAND THREE
HUNDRED TWELVE (1,551,312). 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
S. 6406--C 24 A. 9006--C
the provisions of such subdivision 11 of section 3602 of the education
law.
S 29. 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 u to read as follows:
U. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER 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.
S 30. 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 15 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2016] 2017.
S 31. Section 99-u of the state finance law, as added by section 2 of
part GG of chapter 59 of the laws of 2013, subdivision 2-a as added by
chapter 453 of the laws if 2015, is amended to read as follows:
S 99-u. New York state teen health education fund. 1. There is hereby
established in the JOINT custody of the STATE COMPTROLLER AND commis-
sioner of taxation and finance a special [account] FUND to be known as
the "New York state teen health education fund".
2. Such fund shall consist of all revenues received by the department
of taxation and finance, pursuant to the provisions of section six
hundred thirty-c of the tax law and all other moneys appropriated there-
to from any other fund or source pursuant to law. 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.
2-a. On or before the first day of February each year, the commission-
er of [health] EDUCATION shall provide a written report to the temporary
president of the senate, speaker of the assembly, chair of the senate
finance committee, chair of the assembly ways and means committee, chair
of the senate committee on health, chair of the assembly health commit-
tee, the state comptroller and the public. Such report shall include how
the monies of the fund were utilized during the preceding calendar year,
and shall include:
(i) the amount of money dispersed from the fund and the award process
used for such disbursements;
(ii) recipients of awards from the fund;
(iii) the amount awarded to each;
(iv) the purposes for which such awards were granted; and
(v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing fiscal years, along with the actual results from the prior fiscal
year.
3. [The moneys in said account shall be retained by the fund and shall
be released by the commissioner of taxation and finance only upon
certificates signed by the commissioner of education or his or her
designee and only for the purposes set forth in this section.] MONEYS
SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMP-
S. 6406--C 25 A. 9006--C
TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA-
TION.
4. The moneys in such fund shall be expended for the purpose of
supplementing educational programs in schools for health and awareness
of issues facing teens today when it comes to their health. Eligible
health programs are those with an established curriculum providing
instruction on alcohol, tobacco and other drug abuse prevention, the
causes and problems associated with teen obesity, and for awareness of
the symptoms of teen endometriosis.
S 32. 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 16 of part A of chapter 56 of the laws of 2015, 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, [2017] 2018.
S 33. 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 17 of part A of chapter 56 of the laws
of 2015, 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,
[2016] 2017 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, [2016] 2017;
S 34. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 19 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
S 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2016] 2017 when
upon such date the provisions of this act shall be deemed repealed.
S 35. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 20 of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
S. 6406--C 26 A. 9006--C
S 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2016] 2017.
S 36. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to the implementation of the No Child Left Behind
Act of 2001, as amended by section 21 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
S 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2016] 2017.
S 37. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2016--2017 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
S 38. Special apportionment for salary expenses. a. 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 2017 and not later than the last day of the third full
business week of June 2017, 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, 2017, for salary expenses incurred between April 1 and
June 30, 2016 and such apportionment shall not exceed the sum of (i) 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 (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 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 (iv) 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 (v) 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.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a 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. 6406--C 27 A. 9006--C
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.
c. 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 a and b 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.
S 39. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2017, 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, 2017 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.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a 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.
c. 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 a and b of this section shall first be deducted from the
S. 6406--C 28 A. 9006--C
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.
S 40. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education programs.
S 41. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2016--2017 school year, as a non-component school
district, services required by article 19 of the education law.
S 42. 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: for the purpose of the development, maintenance or
expansion of magnet schools or magnet school programs for the 2016--2017
school year. To the city school district of the city of New York there
shall be paid 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; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars ($21,025,000); to the
Rochester city school district, fifteen million dollars ($15,000,000);
to the Syracuse city school district, thirteen million dollars
($13,000,000); to the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district, four million six hundred forty-five thousand dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two million dollars ($2,000,000); to the New
Rochelle city school district, one million four hundred ten thousand
S. 6406--C 29 A. 9006--C
dollars ($1,410,000); to the Schenectady city school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one hundred fifty thousand dollars
($1,150,000); to the White Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars ($600,000); to the Albany city school
district, three million five hundred fifty thousand dollars
($3,550,000); to the Utica city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the Middletown city school district,
four hundred thousand dollars ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh central school district, three hundred thousand dollars
($300,000); to the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to reduction of
racial isolation and/or enhancement of the instructional program and
raising of standards in elementary and secondary schools of school
districts having substantial concentrations of minority students. The
commissioner of education shall not be authorized to withhold magnet
grant funds from a school district that used such funds in accordance
with this section, notwithstanding any inconsistency with a request for
proposals issued by such commissioner. For the purpose of attendance
improvement and dropout prevention for the 2016--2017 school year, 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 2016--2017
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 community-based organ-
izations. 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. For the purpose of
teacher support for the 2016--2017 school year: to the city school
district of the city of New York, sixty-two million seven hundred seven
thousand dollars ($62,707,000); to the Buffalo city school district, one
million seven hundred forty-one thousand dollars ($1,741,000); to the
Rochester city school district, one million seventy-six thousand dollars
($1,076,000); to the Yonkers city school district, one million one
hundred forty-seven thousand dollars ($1,147,000); and to 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 addition 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 distributed pursuant to former subdivi-
sion 27 of section 3602 of the education law for prior years. In school
S. 6406--C 30 A. 9006--C
districts where the teachers are represented by certified or recognized
employee organizations, all salary increases funded pursuant to this
section shall be determined by separate collective negotiations
conducted pursuant to the provisions and procedures of article 14 of the
civil service law, notwithstanding the existence of a negotiated agree-
ment between a school district and a certified or recognized employee
organization.
S 43. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2016 enacting
the aid to localities budget shall be apportioned for the 2016-2017
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 this 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 2016-2017 by a chapter of the
laws of 2016 enacting the education, labor and family assistance 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 44. Subdivision a of section 5 of chapter 121 of the laws of 1996
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, as amended by section
26-b of part A of chapter 56 of the laws of 2015, 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 [2015-16] 2016-17 school year, four million dollars
($4,000,000); for the [2016-17] 2017-18 school year, three million
dollars ($3,000,000); for the [2017-18] 2018-19 school year, two million
dollars ($2,000,000); for the [2018-19] 2019-20 school year, one million
dollars ($1,000,000); and for the [2019-20] 2020-21 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 45. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 15-a of part A of chapter 56 of the laws
of 2015, 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 [fifteen] SIXTEEN--two thousand
S. 6406--C 31 A. 9006--C
[sixteen] SEVENTEEN, the commissioner may set aside an amount not to
exceed two million five hundred thousand dollars from the funds appro-
priated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been enrolled in
any school for the preceding school year, including persons who have
received a high school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined in regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
S 46. The commissioner of education is hereby authorized and directed
to examine the process for determining the number of eligible students
in the federal and state free and reduced price lunch program that are
used to calculate aid under section 3602 of the education law for
districts that are participating in the community eligibility provision
program authorized by the Healthy, Hunger-Free Kids Act of 2010 and
prepare a report of recommendations that would ensure a more accurate
representation of this population for use in such education aid formu-
lae. In developing such recommendations the commissioner shall consult
with impacted districts, including city school districts of cities with
one hundred twenty-five thousand inhabitants or more. Provided further,
in developing such recommendations, the commissioner shall examine other
reliable measures of student poverty. The report shall be submitted to
the director of the budget, the chairs of the senate finance committee,
the assembly ways and means committee, the senate education committee,
and the assembly education committee on or before October 1, 2016.
S 47. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 7-a of part A
of chapter 56 of the laws of 2015, is amended to read as follows:
(c) At the end of each ten year segment of an assumed amortization
established pursuant to subparagraphs two, three and four of this para-
graph, or in the [two thousand sixteen--two thousand seventeen] TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year in the case of
assumed amortizations whose ten year segment ends prior to such school
year, the commissioner shall revise the remaining scheduled semiannual
payments of the outstanding principal and interest of such assumed amor-
tization, other than the outstanding principal and interest of refunding
bonds where the district can demonstrate to the commissioner that it is
precluded by state or federal law, rule or regulation from refinancing
such outstanding principal and interest, based on the interest rates
applicable for the current year if the difference of the interest rate
upon which the existing assumed amortization is based minus such inter-
est rate applicable for the current year is equal to or greater than one
quarter of one-one hundredth. Provided however, in the case of assumed
amortization whose ten year segment ended prior to the [two thousand
sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN school year the next ten year segment shall be deemed to
commence with the [two thousand sixteen--two thousand seventeen] TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year. The department
shall notify school districts of projects subject to the provisions of
this clause by no later than December first next preceding the school
year in which the assumed amortization is scheduled to be revised pursu-
ant to this clause.
S 48. Notwithstanding any provision of law to the contrary, for the
Sandy Creek central school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part A of
S. 6406--C 32 A. 9006--C
chapter 57 of the laws of 2012 in the amount of not more than
$4,694,839, the commissioner of education shall recover such penalty in
five equal annual installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penal-
ty. Provided further that such district may elect to make an initial
payment no later than thirty days in advance of the first annual
installment which shall reduce the amount of each annual installment.
S 49. Notwithstanding any provision of law to the contrary, for the
Newburgh city school district having a penalty arising from the late
filing of a final cost report pursuant to section 31 of part A of chap-
ter 57 of the laws of 2012 in the amount of not more than $12,747,495,
the commissioner of education shall recover such penalty in five equal
annual installments beginning the later of June of 2017 or June of the
school year in which such district is notified of the penalty. Provided
further that such district may elect to make an initial payment no later
than thirty days in advance of the first annual installment which shall
reduce the amount of each annual installment.
S 50. Notwithstanding any provision of law to the contrary, for the
Islip union free school district having a penalty arising from the late
filing of a final cost report pursuant to section 31 of part A of chap-
ter 57 of the laws of 2012 in the amount of not more than $1,246,922,
the commissioner of education shall recover such penalty in five equal
annual installments beginning the later of June of 2017 or June of the
school year in which such district is notified of the penalty. Provided
further that such district may elect to make an initial payment no later
than thirty days in advance of the first annual installment which shall
reduce the amount of each annual installment.
S 51. Notwithstanding any provision of law to the contrary, for the
Mattituck-Cutchogue union free school district having a penalty arising
from the late filing of a final cost report pursuant to section 31 of
part A of chapter 57 of the laws of 2012 in the amount of not more than
$999,823, the commissioner of education shall recover such penalty in
five equal annual installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penal-
ty. Provided further that such district may elect to make an initial
payment no later than thirty days in advance of the first annual
installment which shall reduce the amount of each annual installment.
S 52. Notwithstanding any provision of the law to the contrary, for
the Lackawanna city school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part A of
chapter 57 of the laws of 2012 in the amount of not more than $839,524,
the commissioner of education shall recover such penalty in five equal
annual installments beginning the later of June of 2017 or June of the
school year in which such district is notified of the penalty. Provided
further that such district may elect to make an initial payment no later
than thirty days in advance of the first annual installment which shall
reduce the amount of each annual installment.
S 53. Subdivision 4 of section 3627 of the education law, as amended
by section 1 of part C of chapter 60 of the laws of 2015, 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 [and two thousand four-
teen--two thousand fifteen] 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
S. 6406--C 33 A. 9006--C
transportation expenses eligible for transportation 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 [and thereafter] 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 AND THEREAFTER
SUCH AID SHALL BE LIMITED TO THE SUM OF SEVENTEEN MILLION ONE HUNDRED
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 EXPENDITURES INCURRED IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR FOR TRANSPORTATION THAT WOULD HAVE BEEN ELIGI-
BLE 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 [such
expenditures eligible for aid under this section shall supplement not
supplant local expenditures for such transportation in the two thousand
twelve--two thousand thirteen school year] 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.
S 54. 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.
S 55. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided,
however, that sections one, six, seven, eight, ten, twenty-six, twenty-
seven, twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two
of this act shall take effect July 1, 2016; provided, further, that the
amendments to chapter 756 of the laws of 1992, amending the education
law relating to funding a program for work force education conducted by
a consortium for worker education in New York City made by sections
twenty-eight and twenty-nine of this act shall not affect the repeal of
such chapter and shall be deemed repealed therewith, provided, further,
that section thirty-three of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.
PART B
Section 1. Section 2801-a of the education law, as added by chapter
181 of the laws of 2000, subdivision 1 as amended by chapter 380 of the
laws of 2001, is amended to read as follows:
S 2801-a. School safety plans. 1. The board of education or trustees,
as defined in section two of this chapter, of every school district
within the state, however created, and every board of cooperative educa-
tional services and county vocational education and extension board and
the chancellor of the city school district of the city of New York shall
S. 6406--C 34 A. 9006--C
adopt and amend a comprehensive district-wide school safety plan and
building-level [school safety] EMERGENCY RESPONSE plans regarding crisis
intervention, emergency response and management, provided that in the
city school district of the city of New York, such plans shall be
adopted by the chancellor of the city school district. Such plans shall
be developed by a district-wide school safety team and a building-level
[school safety] EMERGENCY RESPONSE team established pursuant to subdivi-
sion four of this section and shall be in a form developed by the
commissioner in consultation with the division of criminal justice
services, the superintendent of the state police and any other appropri-
ate state agencies. [A school district having only one school building,
shall develop a single building-level school safety plan, which shall
also fulfill all requirements for development of a district-wide plan.]
THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF THE STATE
POLICE, IS AUTHORIZED TO DEVELOP AN APPEALS PROCESS FROM DUPLICATIVE
REQUIREMENTS OF A DISTRICT-WIDE SCHOOL SAFETY PLAN FOR SCHOOL DISTRICTS
HAVING ONLY ONE SCHOOL BUILDING.
2. Such comprehensive district-wide safety plan shall be developed by
the district-wide school safety team and shall include at a minimum:
a. policies and procedures for responding to implied or direct threats
of violence by students, teachers, other school personnel as well as
visitors to the school, INCLUDING THREATS BY STUDENTS AGAINST THEM-
SELVES, WHICH FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE SUICIDE;
b. policies and procedures for responding to acts of violence by
students, teachers, other school personnel as well as visitors to the
school, including consideration of zero-tolerance policies for school
violence;
c. appropriate prevention and intervention strategies such as:
(i) collaborative arrangements with state and local law enforcement
officials, designed to ensure that school safety officers and other
security personnel are adequately trained, including being trained to
de-escalate potentially violent situations, and are effectively and
fairly recruited;
(ii) non-violent conflict resolution training programs;
(iii) peer mediation programs and youth courts; and
(iv) extended day and other school safety programs;
d. policies and procedures for contacting appropriate law enforcement
officials in the event of a violent incident;
e. policies and procedures for contacting parents, guardians or
persons in parental relation to the students of the district in the
event of a violent incident AND POLICIES AND PROCEDURES FOR CONTACTING
PARENTS, GUARDIANS OR PERSONS IN PARENTAL RELATION TO AN INDIVIDUAL
STUDENT OF THE DISTRICT IN THE EVENT OF AN IMPLIED OR DIRECT THREAT OF
VIOLENCE BY SUCH STUDENT AGAINST THEMSELVES, WHICH FOR PURPOSES OF THIS
SECTION SHALL INCLUDE SUICIDE;
f. policies and procedures relating to school building security,
including where appropriate the use of school safety officers and/or
security devices or procedures;
g. policies and procedures for the dissemination of informative mate-
rials regarding the early detection of potentially violent behaviors,
including but not limited to the identification of family, community and
environmental factors, to teachers, administrators, school personnel,
persons in parental relation to students of the district, students and
other persons deemed appropriate to receive such information;
h. policies and procedures for annual school safety training for staff
and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION-
S. 6406--C 35 A. 9006--C
ER THAT ALL STAFF HAVE UNDERGONE ANNUAL TRAINING ON THE EMERGENCY
RESPONSE PLAN, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON
VIOLENCE PREVENTION AND MENTAL HEALTH, SUCH TRAINING MAY BE IMPLEMENTED
AND CONDUCTED IN CONJUNCTION WITH EXISTING PROFESSIONAL DEVELOPMENT AND
TRAINING; PROVIDED HOWEVER THAT NEW EMPLOYEES HIRED AFTER THE START OF
THE SCHOOL YEAR SHALL RECEIVE TRAINING WITHIN THIRTY DAYS OF SUCH HIRE
OR AS PART OF A DISTRICT'S EXISTING NEW HIRE TRAINING PROGRAM, WHICHEVER
IS SOONER;
i. protocols for responding to bomb threats, hostage-takings, intru-
sions and kidnappings;
j. strategies for improving communication among students and between
students and staff and reporting of potentially violent incidents, such
as the establishment of youth-run programs, peer mediation, conflict
resolution, creating a forum or designating a mentor for students
concerned with bullying or violence and establishing anonymous reporting
mechanisms for school violence; [and]
k. a description of the duties of hall monitors and any other school
safety personnel, the training required of all personnel acting in a
school security capacity, and the hiring and screening process for all
personnel acting in a school security capacity; AND
1. THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG-
NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT-
ING COMMUNICATION BETWEEN SCHOOL STAFF AND LAW ENFORCEMENT AND FIRST
RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE-
TY PLAN. THE CHIEF EMERGENCY OFFICER SHALL ALSO BE RESPONSIBLE FOR
ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY
RESPONSE PLANS.
3. A [school] BUILDING LEVEL emergency response plan, developed by the
building-level [school safety] EMERGENCY RESPONSE team defined in subdi-
vision four of this section, shall BE KEPT CONFIDENTIAL, INCLUDING BUT
NOT LIMITED TO THE FLOOR PLANS, BLUEPRINTS, SCHEMATICS OR OTHER MAPS OF
THE SCHOOL INTERIOR, SCHOOL GROUNDS AND ROAD MAPS OF THE IMMEDIATE
SURROUNDING AREA, AND SHALL NOT BE DISCLOSED EXCEPT TO AUTHORIZED
DEPARTMENT OR SCHOOL STAFF, AND LAW ENFORCEMENT OFFICERS, AND SHALL
include the following elements:
a. policies and procedures for [the safe evacuation of students,
teachers, other school personnel as well as visitors to the school in
the event of a serious violent incident or other emergency, which shall
include evacuation routes and shelter sites and procedures for address-
ing medical needs, transportation and emergency notification to persons
in parental relation to a student. For purposes of this subdivision,
"serious violent incident" means an incident of violent criminal conduct
that is, or appears to be, life threatening and warrants the evacuation
of students and/or staff, as defined in regulations of the commissioner
developed in conjunction with the division of criminal justice services]
RESPONSE TO EMERGENCY SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION,
SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT A MINIMUM,
EVACUATION ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL
NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND GUARDI-
ANS;
b. designation of an emergency response team comprised of school
personnel, [local] law enforcement officials, FIRE OFFICIALS and repre-
sentatives from local regional and/or state emergency response agencies,
other appropriate incident response teams, and a post-incident response
team that includes appropriate school personnel, medical personnel,
S. 6406--C 36 A. 9006--C
mental health counselors and others who can assist the school community
in coping with the aftermath of a violent incident;
c. [procedures for assuring that crisis response and law enforcement
officials have access to] floor plans, blueprints, schematics or other
maps of the school interior, school grounds and road maps of the immedi-
ate surrounding area;
d. establishment of internal and external communication systems in
emergencies;
e. definition of the chain of command in a manner consistent with the
national interagency incident management system/incident command system;
f. coordination of the [school safety] EMERGENCY RESPONSE plan with
the state-wide plan for disaster mental health services to assure that
the school has access to federal, state and local mental health
resources in the event of a violent incident;
g. procedures for review and the conduct of drills and other exercises
to test components of the emergency response plan; and
h. policies and procedures for securing and restricting access to the
crime scene in order to preserve evidence in cases of violent crimes on
school property.
4. Each district-wide school safety team shall be appointed by the
board of education, or the chancellor in the case of the city school
district of the city of New York, and shall include but not be limited
to representatives of the school board, [student,] teacher, administra-
tor, and parent organizations, school safety personnel, and other school
personnel. AT THE DISCRETION OF THE BOARD OF EDUCATION, OR THE CHANCEL-
LOR IN THE CASE OF THE CITY OF NEW YORK, A STUDENT MAY BE ALLOWED TO
PARTICIPATE ON THE SAFETY TEAM, PROVIDED HOWEVER, THAT NO PORTION OF A
CONFIDENTIAL BUILDING-LEVEL EMERGENCY RESPONSE PLAN SHALL BE SHARED WITH
SUCH STUDENT NOR SHALL SUCH STUDENT BE PRESENT WHERE DETAILS OF A CONFI-
DENTIAL BUILDING-LEVEL EMERGENCY RESPONSE PLAN OR CONFIDENTIAL PORTIONS
OF A DISTRICT-WIDE EMERGENCY RESPONSE STRATEGY ARE DISCUSSED. Each
building-level [school safety] EMERGENCY RESPONSE team shall be
appointed by the building principal, in accordance with regulations or
guidelines prescribed by the board of education, chancellor or other
governing body. Such building-level teams shall include but not be
limited to representatives of teacher, administrator, and parent organ-
izations, school safety personnel and other school personnel, community
members, [local] law enforcement officials, [local ambulance] FIRE OFFI-
CIALS or other emergency response agencies, and any other represen-
tatives the board of education, chancellor or other governing body deems
appropriate.
5. [Each safety plan shall be reviewed by the appropriate school safe-
ty team on at least an annual basis, and updated as needed] THE
DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL EMERGENCY RESPONSE PLANS
SHALL BE REVIEWED BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS
AND UPDATED AS NEEDED.
6. Each board of education, chancellor or other governing body shall
make each district-wide [and building-level school] safety plan avail-
able for public comment at least thirty days prior to its adoption[,
provided that only a summary of each building-level emergency response
plan shall be made available for public comment]. Such district-wide
[and building-level] plans may be adopted by the school board only after
at least one public hearing that provides for the participation of
school personnel, parents, students and any other interested parties.
Each district shall file a copy of its district-wide [comprehensive]
safety plan with the commissioner and all amendments to such plan shall
S. 6406--C 37 A. 9006--C
be filed with the commissioner no later than thirty days after their
adoption.
[A] 7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR
OFFICER SHALL ENSURE A copy of each building-level [safety] EMERGENCY
RESPONSE plan and any amendments thereto, shall be filed with the appro-
priate local law enforcement agency and with the state police within
thirty days of its adoption. Building-level emergency response plans
shall be confidential and shall not be subject to disclosure under arti-
cle six of the public officers law or any other provision of law. If the
board of education, chancellor or other governing body or chancellor
fails to file such plan as required by this section, the commissioner
may, in an amount determined by the commissioner, withhold public money
from the district until the district is in compliance.
[7. The commissioner may grant a waiver of the requirements of this
section to any school district or board of cooperative educational
services for a period of up to two years from the date of enactment upon
a finding by the commissioner that such district had adopted a compre-
hensive school safety plan on the effective date of this section which
is in substantial compliance with the requirements of this section.]
8. The commissioner shall annually report to the governor and the
legislature on the implementation and compliance with the provisions of
this section.
9. Whenever it shall have been demonstrated to the satisfaction of the
commissioner that a school district has failed to adopt a code of
conduct which fully satisfies the requirements of section twenty-eight
hundred one of this article, or a [school safety plan] DISTRICT-WIDE
SAFETY PLAN OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies
the requirements of this section, or to faithfully and completely imple-
ment [either or both] ALL THREE, the commissioner may, on thirty days
notice to the district, withhold from the district monies to be paid to
such district for the current school year pursuant to section thirty-six
hundred nine-a of this chapter, exclusive of monies to be paid in
respect of obligations to the retirement systems for school and district
staff and pursuant to collective bargaining agreements, or the commis-
sioner may direct the district to expend up to such amount upon the
development and implementation of a code of conduct and a school
district safety plan as required by such sections. Prior to such with-
holding or redirection, the commissioner shall provide the district an
opportunity to present evidence of extenuating circumstances; when
combined with evidence that the district shall promptly comply within
short time frames that shall be established by the commissioner as part
of an agreement between the district and the commissioner, the commis-
sioner may temporarily stay the withholding or redirection of funds
pending implementation of such agreement. If the district promptly and
fully complies with the agreement and is in full compliance with this
section and section twenty-eight hundred one of this article, the
commissioner shall abate the withholding in its entirety. Any failure to
meet the obligations of the compliance agreement by the district within
the time frames established shall be considered a willful violation of a
commissioner's order by the members of the district board for purposes
of subdivision one of section three hundred six of the education law.
Notwithstanding any other law, rule or regulation, such transfer shall
take effect upon filing of a notice thereof with the director of the
budget and the chairs of the senate finance and assembly ways and means
committees.
S. 6406--C 38 A. 9006--C
S 2. The section heading and subdivisions 1 and 1-a of section 807 of
the education law, the section heading as amended by chapter 765 of the
laws of 1964, subdivision 1 as amended by chapter 143 of the laws of
1985 and subdivision 1-a as added by chapter 9 of the laws of 1991, are
amended to read as follows:
Fire AND EMERGENCY drills. 1. It shall be the duty of the principal
or other person in charge of every public or private school or educa-
tional institution within the state, other than colleges or universi-
ties, to instruct and train the pupils by means of drills, so that they
may in a sudden emergency be able to [leave the school building] RESPOND
APPROPRIATELY in the shortest possible time and without confusion or
panic. Such drills [or rapid dismissals] shall be held at least twelve
times in each school year, eight of which required drills shall be held
between September first and December [first] THIRTY-FIRST of each such
year. [At least one-third of all such required drills shall be through
use of the fire escapes on buildings where fire escapes are provided. In
the course of at least one such drill, pupils shall be instructed in the
procedure to be followed in the event that a fire occurs during lunch
period, provided however, that such additional instruction may be waived
where a drill is held during the regular school lunch period. At least
four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH
SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES
ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS.
FOUR OF ALL SUCH REQUIRED DRILLS SHALL BE LOCK-DOWN DRILLS. DRILLS
SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY. PUPILS SHALL
BE INSTRUCTED IN THE PROCEDURE TO BE FOLLOWED IN THE EVENT THAT A FIRE
OCCURS DURING THE LUNCH PERIOD OR ASSEMBLY, PROVIDED HOWEVER, THAT SUCH
ADDITIONAL INSTRUCTION MAY BE WAIVED WHERE A DRILL IS HELD DURING THE
REGULAR SCHOOL LUNCH PERIOD OR ASSEMBLY. FOUR additional drills shall
be held in each school year during the hours after sunset and before
sunrise in school buildings in which students are provided with sleeping
accommodations. At least two additional drills shall be held during
summer school in buildings where summer school is conducted, and one of
such drills shall be held during the first week of summer school.
1-a. In the case of after-school programs, events or performances
which are conducted within a school building and which include persons
who do not regularly attend classes in such school building, the princi-
pal or other person in charge of the building shall require the teacher
or person in charge of such after-school program, event or performance
to notify persons in attendance at the beginning of each such program,
event or performance, of the procedures to be followed in the event of
an emergency so that they may be able to [leave the building] RESPOND in
a timely, orderly manner.
S 3. Subdivision 7 of section 3604 of the education law, as amended by
section 31 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
7. No district shall be entitled to any portion of such school moneys
on such apportionment unless the report of the trustees or board of
education for the preceding school year shall show that the public
schools were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified teach-
ers for not less than one hundred eighty days. The moneys payable to a
school district pursuant to section thirty-six hundred nine-a of this
chapter in the current year shall be reduced by one one-hundred eight-
ieth of the district's total foundation aid for each day less than one
hundred eighty days that the schools of the district were actually in
S. 6406--C 39 A. 9006--C
session, except that the commissioner may disregard such reduction, up
to five days, in the apportionment of public money, if he finds that the
schools of the district were not in session for one hundred eighty days
because of extraordinarily adverse weather conditions, impairment of
heating facilities, insufficiency of water supply, shortage of fuel,
lack of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER-
MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school building
either in whole or in part, and if, further, the commissioner finds that
such district cannot make up such days of instruction by using for the
secondary grades all scheduled vacation days which occur prior to the
first scheduled regents examination day in June, and for the elementary
grades all scheduled vacation days which occur prior to the last sched-
uled regents examination day in June. For the purposes of this subdivi-
sion, "scheduled vacation days" shall mean days on which the schools of
the district are not in session and for which no prohibition exists in
subdivision eight of this section for them to be in session.
S 4. This act shall take effect July 1, 2016.
PART C
Intentionally Omitted
PART D
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 260 of the laws of 2011,
the opening paragraph as amended by chapter 437 of the laws of 2015 and
clause (ii) as amended by section 1 of part P of chapter 57 of the laws
of 2012, is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. Except as hereinafter provided, all students
enrolled in programs leading to like degrees at state-operated insti-
tutions of the state university shall be charged a uniform rate of
tuition except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of the colleges for students
enrolled in degree-granting programs leading to an associate degree and
non-degree granting programs so long as such tuition rate does not
exceed the tuition rate charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of the state
university of New York. Notwithstanding any other provision of this
subparagraph, the trustees may authorize the setting of a separate cate-
gory of tuition rate, that shall be greater than the tuition rate for
resident students and less than the tuition rate for non-resident
students, only for students enrolled in distance learning courses who
are not residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, provided however
that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
S. 6406--C 40 A. 9006--C
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that COMMENCING WITH THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND EACH YEAR THEREAFTER if
the annual resident undergraduate rate of tuition would exceed five
thousand dollars, then a tuition credit for each eligible student, as
determined and calculated by the New York state higher education
services corporation pursuant to section six hundred eighty-nine-a of
this title, shall be applied toward the tuition charged for each semes-
ter, quarter or term of study. Tuition for each semester, quarter or
term of study shall not be due for any student eligible to receive such
tuition credit until the tuition credit is calculated and applied
against the tuition charged for the corresponding semester, quarter or
term.
(ii) On or before November thirtieth, two thousand eleven, the trus-
tees shall approve and submit to the chairs of the assembly ways and
means committee and the senate finance committee and to the director of
the budget a master tuition plan setting forth the tuition rates that
the trustees propose for resident undergraduate students for the five
year period commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen-two thousand
sixteen academic year, and shall submit any proposed amendments to such
plan by November thirtieth of each subsequent year thereafter through
November thirtieth, two thousand fifteen, and provided further, that
with the approval of the board of trustees, each university center may
increase non-resident undergraduate tuition rates each year by not more
than ten percent over the tuition rates of the prior academic year for a
[five] SIX year period commencing with the [semester following the
semester in which the governor and the chancellor of the state universi-
ty of New York approve the NY-SUNY 2020 proposal for such university
center] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND
ENDING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC
YEAR.
(iii) [The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made avail-
able to the state university in state fiscal year two thousand eleven--
two thousand twelve.] Beginning in state fiscal year two thousand
twelve-two thousand thirteen and [thereafter] ENDING IN STATE FISCAL
YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall appro-
priate and make available general fund operating support, including
fringe benefits, for the state university in an amount not less than the
amount appropriated and made available in the prior state fiscal year;
provided, however, that if the governor declares a fiscal emergency, and
communicates such emergency to the temporary president of the senate and
speaker of the assembly, state support for operating expenses at the
state university and city university may be reduced in a manner propor-
tionate to one another, and the aforementioned provisions shall not
apply.
(iv) For the state university fiscal years commencing two thousand
eleven--two thousand twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set aside a portion of its
tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
S. 6406--C 41 A. 9006--C
of the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students whose net taxable income is
eighty thousand dollars or more are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this chap-
ter.
S 2. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 260 of the laws of 2011 and the opening para-
graph as amended by chapter 437 of the laws of 2015, is amended to read
as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. Notwithstanding any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition rate, that shall be greater than the
tuition rate for resident students and less than the tuition rate for
non-resident students, only for students enrolled in distance learning
courses who are not residents of the state; provided, however, that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that COMMENCING WITH THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND EACH YEAR THEREAFTER if
the annual resident undergraduate rate of tuition would exceed five
thousand dollars, then a tuition credit for each eligible student, as
determined and calculated by the New York state higher education
services corporation pursuant to section six hundred eighty-nine-a of
this chapter, shall be applied toward the tuition charged for each
semester, quarter or term of study. Tuition for each semester, quarter
or term of study shall not be due for any student eligible to receive
such tuition credit until the tuition credit is calculated and applied
against the tuition charged for the corresponding semester, quarter or
term.
(ii) On or before November thirtieth, two thousand eleven, the trus-
tees shall approve and submit to the chairs of the assembly ways and
means committee and the senate finance committee and to the director of
the budget a master tuition plan setting forth the tuition rates that
the trustees propose for resident undergraduate students for the five
year period commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
S. 6406--C 42 A. 9006--C
sixteen academic year, and shall submit any proposed amendments to such
plan by November thirtieth of each subsequent year thereafter through
November thirtieth, two thousand fifteen.
(iii) [The state shall appropriate annually and make available state
support for operating expenses, including fringe benefits, for the city
university in an amount not less than the amount appropriated and made
available to the city university in state fiscal year two thousand
eleven--two thousand twelve.] Beginning in state fiscal year two thou-
sand twelve--two thousand thirteen and [thereafter] ENDING IN STATE
FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall
appropriate and make available state support for operating expenses,
including fringe benefits, for the city university in an amount not less
than the amount appropriated and made available in the prior state
fiscal year; provided, however, that if the governor declares a fiscal
emergency, and communicates such emergency to the temporary president of
the senate and speaker of the assembly, state support for operating
expenses of the state university and city university may be reduced in a
manner proportionate to one another, and the aforementioned provisions
shall not apply.
S 3. Intentionally omitted.
S 4. Intentionally omitted.
S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion law and the New York state urban development corporation act relat-
ing to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 65-a of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
S 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[, fourteen and fifteen] of this act shall expire [5] 6
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 EFFEC-
TIVE DATE WHEN UPON SUCH DATE THE PROVISIONS OF THIS ACT SHALL BE DEEMED
REPEALED.
S 6. This act shall take effect immediately; provided that the amend-
ments to subparagraph 4 of paragraph h of subdivision 2 of section 355
of the education law made by section one of this act and the amendments
to paragraph (a) of subdivision 7 of section 6206 of the education law
made by section two of this act shall not affect the expiration of such
provisions and shall be deemed to expire therewith; provided further,
that if chapter 437 of the laws of 2015 shall not have taken effect by
such effective date, then sections one and two of this act shall take
effect on the same day and in the same manner as sections 1 and 3 of
chapter 437 of the laws of 2015, take effect.
PART E
Section 1. The state finance law is amended by adding a new section
99-y to read as follows:
S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA-
RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER
AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST
AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW
FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
S. 6406--C 43 A. 9006--C
2. THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I)
ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT SOUTHAMP-
TON HOSPITAL, INCLUDING BUT NOT LIMITED TO PATIENT REVENUE, FEDERAL
REIMBURSEMENT, AND OTHER ASSOCIATED REVENUE SOURCES, (II) RENT PAYMENTS
MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL
ASSOCIATION UNDER A CERTAIN LEASE AGREEMENT APPROVED BY THE DIRECTOR OF
THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL AND THE
OFFICE OF THE NEW YORK STATE COMPTROLLER AND (III) TO THE EXTENT PERMIT-
TED UNDER THE LEASE AGREEMENT REFERRED TO IN PARAGRAPH (II) OF THIS
SUBDIVISION, WORKING CAPITAL ADVANCES AND CAPITAL ACQUISITION ADVANCES
MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL
ASSOCIATION.
3. MONIES OF THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE
EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON.
S 2. This act shall take effect immediately.
PART F
Intentionally Omitted
PART G
Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005 amending the education law relating to the New York state licensed
social worker loan forgiveness program, as amended by section 1 of part
M of chapter 58 of the laws of 2011, is amended to read as follows:
(a) [section two of this act shall expire and be deemed repealed June
30, 2016; and provided, further that] the amendment to paragraph b of
subdivision 1 of section 679-c and the amendment to paragraph 2 of
subdivision a of section 679-d of the education law made by sections
three and four of this act shall not affect the repeal of such sections
and shall be deemed repealed therewith;
S 2. Section 3 of part V of chapter 57 of the laws of 2005 amending
the education law relating to the New York state nursing faculty loan
forgiveness incentive program and the New York state nursing faculty
scholarship program, as amended by section 1 of part L of chapter 58 of
the laws of 2011, is amended to read as follows:
S 3. This act shall take effect on the same date and in the same
manner as Part H of this chapter; provided that section two of this act
shall take effect on the same date and in the same manner as Part I of
this chapter[; and provided further that this act shall expire and be
deemed repealed on June 30, 2016].
S 3. Section 17 of chapter 31 of the laws of 1985 amending the educa-
tion law relating to regents scholarships in certain professions, as
amended by section 1 of part K of chapter 58 of the laws of 2011, is
amended to read as follows:
S 17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon the granting of such
awards for the 2008-2009 school year provided, however, that the regents
physician loan forgiveness program established pursuant to this act
shall [not terminate until the granting of such awards] CONTINUE for the
2015-16 school year[, provided that the final disbursement of any
multi-year awards granted in such school year shall be paid] AND THERE-
AFTER.
S. 6406--C 44 A. 9006--C
S 4. Paragraph a of subdivision 5 of section 679-c of the education
law, as amended by section 1 of part E3 of chapter 57 of the laws of
2007, is amended to read as follows:
a. The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (1) three years after
the completion of the degree program it is found that an applicant did
not begin to provide nursing faculty or clinical nurse faculty services;
(2) if such applicant does not provide nursing faculty or clinical nurs-
ing faculty services for four years within seven years of the completion
of the master's degree program in nursing or doctoral degree; or (3) the
student fails to receive a master's degree in nursing or doctoral degree
that will qualify them as nursing faculty or adjunct clinical faculty
within the three years of receiving the award. THE TERMS AND CONDITIONS
OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE
OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU-
LATIONS OF THE CORPORATION. ANY OBLIGATION TO COMPLY WITH SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
S 5. Subdivision 5 of section 669-d of the education law, as amended
by section 1 of part H1 of chapter 109 of the laws of 2006, is amended
to read as follows:
5. The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (a) two years after the
completion of the degree program and receipt of initial certification it
is found that a recipient is not teaching in the field of math or
science in a school located within New York state providing secondary
education recognized by the board of regents or the university of the
state of New York; or (b) a recipient has not taught in the field of
math or science in a school located within New York state providing
secondary education recognized by the board of regents or the university
of the state of New York for five of the seven years after the
completion of the degree program and receipt of initial certification;
or (c) a recipient fails to complete their degree program or changes
majors to an undergraduate degree program other than in science or math;
or (d) a recipient fails to receive or maintain their teaching certif-
icate or license in New York state; or (e) a recipient fails to respond
to requests by the corporation for the status of his or her academic or
professional progress. THE TERMS AND CONDITIONS OF THIS SUBDIVISION
SHALL BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE OR GRADUATE
STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE
CORPORATION. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED
IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT.
NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE
CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD
INVOLVE EXTREME HARDSHIP.
S 6. This act shall take effect immediately.
PART H
Intentionally Omitted
S. 6406--C 45 A. 9006--C
PART I
Intentionally Omitted
PART J
Intentionally Omitted
PART K
Section 1. Subdivision 1 of section 652 of the labor law, as amended
by section 1 of part P of chapter 57 of the laws of 2013, is amended to
read as follows:
1. Statutory. Every employer shall pay to each of its employees for
each hour worked a wage of not less than:
$4.25 on and after April 1, 1991,
$5.15 on and after March 31, 2000,
$6.00 on and after January 1, 2005,
$6.75 on and after January 1, 2006,
$7.15 on and after January 1, 2007,
$8.00 on and after December 31, 2013,
$8.75 on and after December 31, 2014,
$9.00 on and after December 31, 2015, AND UNTIL DECEMBER 31, 2016, or,
if greater, such other wage as may be established by federal law pursu-
ant to 29 U.S.C. section 206 or its successors
or such other wage as may be established in accordance with the
provisions of this article.
(A) NEW YORK CITY. (I) LARGE EMPLOYERS. EVERY EMPLOYER OF ELEVEN OR
MORE EMPLOYEES SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED
IN THE CITY OF NEW YORK A WAGE OF NOT LESS THAN:
$11.00 PER HOUR ON AND AFTER DECEMBER 31, 2016,
$13.00 PER HOUR ON AND AFTER DECEMBER 31, 2017,
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018, OR, IF GREATER, SUCH
OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29 U.S.C.
SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTABLISHED
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(II) SMALL EMPLOYERS. EVERY EMPLOYER OF TEN OR LESS EMPLOYEES SHALL
PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW
YORK A WAGE OF NOT LESS THAN:
$10.50 PER HOUR ON AND AFTER DECEMBER 31, 2016,
$12.00 PER HOUR ON AND AFTER DECEMBER 31, 2017,
$13.50 PER HOUR ON AND AFTER DECEMBER 31, 2018,
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2019, OR, IF GREATER, SUCH
OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29 U.S.C.
SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTABLISHED
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(B) REMAINDER OF DOWNSTATE. EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND
WESTCHESTER A WAGE NOT LESS THAN:
$10.00 PER HOUR ON AND AFTER DECEMBER 31, 2016,
$11.00 PER HOUR ON AND AFTER DECEMBER 31, 2017,
$12.00 PER HOUR ON AND AFTER DECEMBER 31, 2018,
$13.00 PER HOUR ON AND AFTER DECEMBER 31, 2019,
$14.00 PER HOUR ON AND AFTER DECEMBER 31, 2020,
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021,
S. 6406--C 46 A. 9006--C
OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW
PURSUANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE
AS MAY BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(C) REMAINDER OF STATE. EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE
COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF NOT LESS THAN:
$9.70 ON AND AFTER DECEMBER 31, 2016,
$10.40 ON AND AFTER DECEMBER 31, 2017,
$11.10 ON AND AFTER DECEMBER 31, 2018,
$11.80 ON AND AFTER DECEMBER 31, 2019,
$12.50 ON AND AFTER DECEMBER 31, 2020,
AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
MUM WAGE INCREASED BY A PERCENTAGE DETERMINED BY THE DIRECTOR OF THE
BUDGET IN CONSULTATION WITH THE COMMISSIONER, WITH THE RESULT ROUNDED TO
THE NEAREST FIVE CENTS, TOTALING NO MORE THAN FIFTEEN DOLLARS, WHERE THE
PERCENTAGE INCREASE SHALL BE BASED ON INDICES INCLUDING, BUT NOT LIMITED
TO, (I) THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD
ENDING JUNE OF THAT YEAR BASED ON THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS ON A NATIONAL AND SEASONALLY UNADJUSTED BASIS (CPI-U), OR A
SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR,
(II) THE RATE OF STATE PERSONAL INCOME GROWTH FOR THE PRIOR CALENDAR
YEAR, OR A SUCCESSOR INDEX, PUBLISHED BY THE BUREAU OF ECONOMIC ANALYSIS
OF THE UNITED STATES DEPARTMENT OF COMMERCE, OR (III) WAGE GROWTH; OR,
IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSU-
ANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY
BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(D) THE RATES AND SCHEDULES ESTABLISHED IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE UNDER THIS
SUBDIVISION FOR PURPOSES OF THE CALCULATIONS SPECIFIED IN SUBDIVISIONS
ONE AND TWO OF SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER.
S 2. Subdivisions 4 and 5 of section 652 of the labor law, as amended
by chapter 747 of the laws of 2004, are amended to read as follows:
4. Notwithstanding subdivisions one and two of this section, the wage
for an employee who is a food service worker receiving tips shall be a
cash wage of at least [three dollars and thirty cents per hour on or
after March thirty-first, two thousand; three dollars and eighty-five
cents on or after January first, two thousand five; at least four
dollars and thirty-five cents on or after January first, two thousand
six; and at least four dollars and sixty cents on or after January
first, two thousand seven] TWO-THIRDS OF THE MINIMUM WAGE RATES SET
FORTH IN SUBDIVISION ONE OF THIS SECTION, ROUNDED TO THE NEAREST FIVE
CENTS OR SEVEN DOLLARS AND FIFTY CENTS, WHICHEVER IS HIGHER, provided
that the tips of such an employee, when added to such cash wage, are
equal to or exceed the minimum wage in effect pursuant to subdivision
one of this section and provided further that no other cash wage is
established pursuant to section six hundred fifty-three of this article.
[In the event the cash wage payable under the Fair Labor Standards Act
(29 United States Code Sec. 203 (m), as amended), is increased after
enactment of this subdivision, the cash wage payable under this subdivi-
sion shall automatically be increased by the proportionate increase in
the cash wage payable under such federal law, and will be immediately
enforceable as the cash wage payable to food service workers under this
article.]
5. Notwithstanding subdivisions one and two of this section, meal and
lodging allowances for a food service worker receiving a cash wage
S. 6406--C 47 A. 9006--C
[amounting to three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five cents on or
after January first, two thousand five; four dollars and thirty-five
cents on or after January first, two thousand six; and four dollars and
sixty cents on or after January first, two thousand seven,] PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION shall not increase more than two-thirds
of the increase required by subdivision two of this section as applied
to state wage orders in effect pursuant to subdivision one of this
section.
S 3. Subdivision 6 of section 652 of the labor law is REPEALED and a
new subdivision 6 is added to read as follows:
6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, AND SECTIONS SIX
HUNDRED FIFTY-THREE AND SIX HUNDRED FIFTY-FIVE OF THIS ARTICLE, ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AND EACH JANUARY FIRST THER-
EAFTER UNTIL SUCH TIME AS THE MINIMUM WAGE IS FIFTEEN DOLLARS IN ALL
AREAS OF THE STATE, THE DIVISION OF BUDGET SHALL CONDUCT AN ANALYSIS OF
THE STATE OF THE ECONOMY IN EACH REGION, AND THE EFFECT OF THE MINIMUM
WAGE INCREASES LISTED IN THIS SECTION, TO DETERMINE WHETHER THERE SHOULD
BE A TEMPORARY SUSPENSION OR DELAY IN ANY SCHEDULED INCREASES. IN
CONDUCTING ITS ANALYSIS, THE DIVISION OF BUDGET SHALL CONSULT THE
DEPARTMENT, THE DEPARTMENT'S DIVISION OF RESEARCH AND STATISTICS, THE
UNITED STATES DEPARTMENT OF LABOR, THE FEDERAL RESERVE BANK OF NEW YORK
AND OTHER ECONOMIC EXPERTS. THE DIVISION OF BUDGET WILL REFERENCE WELL-
ESTABLISHED ECONOMIC INDEXES AND ACCEPTED ECONOMIC FACTORS, INCLUDING
THOSE SET FORTH IN SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE, TO
JUSTIFY AND EXPLAIN ITS DECISION. AFTER REVIEWING SUCH INDEXES AND
FACTORS, THE DIVISION SHALL DETERMINE WHETHER SCHEDULED INCREASES IN THE
MINIMUM WAGE SHALL CONTINUE UP TO AND INCLUDING FIFTEEN DOLLARS. THE
DIVISION OF BUDGET WILL ISSUE A REPORT AND RECOMMENDATION TO THE COMMIS-
SIONER, WHO SHALL TAKE ACTION ON THAT REPORT AND RECOMMENDATION PURSUANT
TO SECTION SIX HUNDRED FIFTY-SIX OF THIS ARTICLE.
S 4. Notwithstanding sections 653, 655, 656 and 659 of the labor law,
the power of the commissioner of labor to appoint, convene, or reconvene
a wage board, and to take action upon the report and recommendation of a
wage board shall exclude the power to appoint, convene, or reconvene a
wage board to inquire into, report, and recommend a wage that exceeds
the highest rate listed in section 652 of the labor law as amended by
section one of this act prior to such rate becoming effective, and shall
exclude the power to take action on, adopt, or modify, any prior recom-
mendation by any wage board to establish such wage. Such limitation
shall not preclude such commissioner's power to appoint, convene, or
reconvene a wage board to inquire into, report and recommend regulations
to carry out the purposes of article 19 of the labor law.
S 5. Notwithstanding subdivision 2 of section 652 and subdivision (2)
of section 653 of the labor law, the commissioner of labor may smooth
wages and modify an existing wage order to conform with subdivision 1 of
section 652 of the labor law, as amended by section one of this act, and
provided further that in no event may a worker's wages be reduced by
such conformity.
S 6. This act shall take effect immediately.
PART L
Intentionally Omitted
PART M
S. 6406--C 48 A. 9006--C
Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi-
sion (d) of section 1089 of the family court act, as added by section 27
of part A of chapter 3 of the laws of 2005, is amended to read as
follows:
(G) where a child has or will before the next permanency hearing reach
the age of fourteen, (I) the services and assistance necessary to assist
the child in learning independent living skills TO ASSIST THE CHILD TO
MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD; AND (II)
A. THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO
HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR ADDITION TO THE
PLAN, SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE
OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF THE CHILD'S PERMANENCY
PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER
PARENT OF, OR THE CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE
CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY
OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH
LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD
NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL
SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR
AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE
REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and
S 2. Paragraph (b) of subdivision 7 of section 355.5 of the family
court act, as amended by section 17 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
(b) in the case of a respondent who has attained the age of fourteen,
(I) the services needed, if any, to assist the respondent to make the
transition from foster care to [independent living] SUCCESSFUL ADULT-
HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT,
AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL-
TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP
TO TWO MEMBERS OF THE RESPONDENT'S PERMANENCY PLANNING TEAM WHO ARE
SELECTED BY THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE
WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE
LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR
THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IF SUCH
OFFICE HAS CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED
BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT
THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT,
AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE DESIG-
NATED TO BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH
RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT
STANDARD;
S 3. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 22 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
(ii) in the case of a child who has attained the age of fourteen, (A)
the services needed, if any, to assist the child to make the transition
from foster care to [independent living] SUCCESSFUL ADULTHOOD; AND
(B)(1) THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD, AND ANY
REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL
MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE
CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER
OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF
SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO
SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE
S. 6406--C 49 A. 9006--C
THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD,
AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED
TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO
THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD;
S 4. Subdivisions 1 and 2 of section 458-c of the social services law,
as added by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
1. A social services official shall make payments for non-recurring
guardianship expenses incurred by or on behalf of the relatives OR
SUCCESSOR GUARDIANS who have been approved by the social services offi-
cial to receive kinship guardianship assistance payments, when such
expenses are incurred in connection with assuming the guardianship of a
foster child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS.
The agreement for the payment of non-recurring guardianship expenses
must be reflected in the written agreement set forth in subdivision four
of section four hundred fifty-eight-b of this title. In accordance with
subdivision two of this section, the payments shall be made by the
social services official either to the relative OR SUCCESSOR guardian or
guardians directly or to an attorney on behalf of the relative OR
SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount
of non-recurring guardianship expenses incurred in connection with
obtaining such guardianship.
2. The amount of the payment made pursuant to this section shall not
exceed two thousand dollars for each foster child for whom the
relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS,
seek guardianship or permanent guardianship and shall be available only
for those expenses that are determined to be eligible for reimbursement
by the social services official in accordance with the regulations of
the office of children and family services.
S 5. The social services law is amended by adding a new section 383-a
to read as follows:
S 383-A. IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND
PRUDENT PARENT STANDARD. 1. LEGISLATIVE INTENT. IT IS THE INTENT OF THE
LEGISLATURE TO PROMOTE A SAFE AND NURTURING ENVIRONMENT FOR CHILDREN IN
FOSTER CARE THAT, AMONG OTHER THINGS, ALLOWS THEM TO ENGAGE IN AGE AND
DEVELOPMENTALLY APPROPRIATE ACTIVITIES WITH THEIR PEERS. IT IS ALSO THE
INTENT OF THE LEGISLATURE TO ENCOURAGE CAREGIVERS TO ALLOW FOSTER CHIL-
DREN TO PARTICIPATE IN SUCH ACTIVITIES BY PROVIDING TRAINING, GUIDANCE,
AND APPROPRIATE LIABILITY PROTECTIONS WHEN CAREGIVERS MAKE REASONABLE
AND PRUDENT DECISIONS WITH REGARD TO SUCH ACTIVITIES. IT IS NOT THE
INTENT OF THE LEGISLATURE TO RELIEVE CAREGIVERS OR ANY OTHER PERSON OF
ANY DUTY OR RESPONSIBILITY OWED TO A FOSTER CHILD.
2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "CAREGIVER" SHALL MEAN THE FOLLOWING PERSON OR ENTITY AT THE TIME
THAT SUCH PERSON OR ENTITY WAS RESPONSIBLE FOR THE CARE OF THE FOSTER
CHILD OR CHILDREN:
(I) A FOSTER PARENT WHO HAS BEEN TRAINED IN THE REASONABLE AND PRUDENT
PARENT STANDARD IN ACCORDANCE WITH 42 U.S.C. 671 AS AMENDED BY P.L.
113-183 AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES; OR
(II) THE EMPLOYEE OF A CHILD CARE FACILITY OPERATED BY AN AUTHORIZED
AGENCY THAT IS DESIGNATED TO APPLY THE REASONABLE AND PRUDENT PARENT
STANDARD WHO HAS BEEN TRAINED IN THE REASONABLE AND PRUDENT PARENT STAN-
DARD IN ACCORDANCE WITH 42 U.S.C. 671 AS AMENDED BY P.L. 113-183 AND THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
S. 6406--C 50 A. 9006--C
(B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN
FOSTER CARE AT THE TIME THE REASONABLE AND PRUDENT PARENT STANDARD WAS
APPLIED.
(C) "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE,
GROUP HOME, AGENCY OPERATED BOARDING HOME, OR SUPERVISED INDEPENDENT
LIVING PROGRAM.
(D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE
WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER-
IZED BY CAREFUL AND SENSIBLE PARENTAL DECISIONS THAT MAINTAIN THE
HEALTH, SAFETY, AND BEST INTERESTS OF A CHILD WHILE AT THE SAME TIME
ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD THAT A
CAREGIVER SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER
CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL OR SOCIAL
ACTIVITIES.
(E) "AGE OR DEVELOPMENTALLY-APPROPRIATE" SHALL MEAN:
(I) ACTIVITIES OR ITEMS THAT ARE GENERALLY ACCEPTED AS SUITABLE FOR
CHILDREN OF THE SAME CHRONOLOGICAL AGE OR LEVEL OF MATURITY OR THAT ARE
DETERMINED TO BE DEVELOPMENTALLY-APPROPRIATE FOR A CHILD, BASED ON THE
DEVELOPMENT OF COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES
THAT ARE TYPICAL FOR AN AGE OR AGE GROUP; AND
(II) IN THE CASE OF A SPECIFIC CHILD, ACTIVITIES OR ITEMS THAT ARE
SUITABLE FOR THE CHILD BASED ON THE DEVELOPMENTAL STAGE ATTAINED BY THE
CHILD WITH RESPECT TO THE COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL
CAPACITIES OF THE CHILD.
3. CAREGIVERS SHALL APPLY THE REASONABLE AND PRUDENT PARENT STANDARD
WHEN DECIDING WHETHER OR NOT TO ALLOW A CHILD IN FOSTER CARE TO PARTIC-
IPATE IN AGE OR DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, ENRICHMENT,
CULTURAL, OR SOCIAL ACTIVITIES. WHERE SUCH DECISIONS REQUIRE THE INPUT
OR PERMISSION OF A LOCAL DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY
AUTHORIZED AGENCY, SUCH DEPARTMENT OR AGENCY SHALL ALSO APPLY THE
REASONABLE AND PRUDENT PARENT STANDARD IN MAKING A DECISION ABOUT
PARTICIPATION IN SUCH ACTIVITIES.
4. WHETHER OR NOT A CAREGIVER IS LIABLE FOR INJURIES TO THE CHILD THAT
OCCUR AS A RESULT OF PARTICIPATION IN AGE OR DEVELOPMENTALLY APPROPRIATE
EXTRACURRICULAR, ENRICHMENT, CULTURAL, OR SOCIAL ACTIVITIES SHALL BE
DETERMINED BASED UPON WHETHER SUCH DECISION TO ALLOW PARTICIPATION WAS
MADE IN COMPLIANCE WITH THE STANDARD DEFINED IN PARAGRAPH (D) OF SUBDI-
VISION TWO OF THIS SECTION AND ANY OTHER FACTORS AS REQUIRED BY LAW.
WHERE SUCH CHILD IS INJURED AS A RESULT OF THE DECISION TO ALLOW PARTIC-
IPATION IN SUCH ACTIVITIES, A CAREGIVER SHALL NOT BE LIABLE FOR SUCH
INJURIES IF THE DECISION TO ALLOW SUCH PARTICIPATION WAS MADE IN COMPLI-
ANCE WITH THE REASONABLE AND PRUDENT PARENT STANDARD AS SET FORTH HERE-
IN. PROVIDED HOWEVER NOTHING IN THIS SECTION SHALL OTHERWISE LIMIT THE
ABILITY OF A CHILD TO BRING AN ACTION AGAINST A CAREGIVER OR ANY OTHER
PARTY WHOSE ACTS OR OMISSIONS RESULT IN INJURY TO SUCH CHILD. WHERE A
LOCAL DEPARTMENT OF SOCIAL SERVICES OR VOLUNTARY AUTHORIZED AGENCY HAS
MADE OR BEEN INVOLVED IN THE DECISIONS UNDER SUBDIVISION THREE OF THIS
SECTION, THE LIABILITY STANDARDS FOR CAREGIVERS SHALL APPLY TO SUCH
DISTRICT OR AGENCY.
S 6. The opening paragraph of paragraph (e) of subdivision 2 of
section 378-a of the social services law, as amended by section 10 of
part L of chapter 56 of the laws of 2015, is amended to read as follows:
[After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER
reviewing any criminal history record information provided by the divi-
sion of criminal justice services, the office of children and family
S. 6406--C 51 A. 9006--C
services shall promptly notify the authorized agency or other state
agency that:
S 7. Subdivision 2 of section 378-a of the social services law is
amended by adding a new paragraph (m) to read as follows:
(M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE
THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE
WITH THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS
(A) OR (C) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS TITLE.
(2) FOR ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS
SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL:
(A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY
RECORD CHECK OF THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE
PARENT AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE
HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
PARAGRAPH (E) OF THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING
CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND DISCRETIONARY
CHARGES AND CONVICTIONS; AND
(B) BASED ON THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE APPLICATION FOR CERTIF-
ICATION OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE
ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD IN ABEY-
ANCE PENDING SUBSEQUENT NOTIFICATION FROM THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR (III) THAT THE OFFICE OF CHILDREN AND FAMILY
SERVICES HAS NO OBJECTION, SOLELY BASED ON THE NATIONWIDE CRIMINAL
HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER-
MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR
APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE PARENT,
AS SET FORTH IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
(3) WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES DIRECTS THE
AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT
OR A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE AGE
OF EIGHTEEN WHO RESIDED IN THE HOME OF THE APPLICANT WHOSE CRIMINAL
HISTORY WAS THE BASIS FOR THE DENIAL AND SHALL PROVIDE SUCH PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON A COPY OF THE
RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK UPON WHICH SUCH
DENIAL WAS BASED AND A WRITTEN STATEMENT SETTING FORTH THE REASONS FOR
SUCH DENIAL. IF THE APPLICANT IS DISQUALIFIED UNDER ITEM (II) OF CLAUSE
(A) OF SUBPARAGRAPH ONE OF PARAGRAPH (E) OF THIS SUBDIVISION, THEN THE
APPLICANT MAY APPLY FOR RELIEF FROM THE MANDATORY DISQUALIFICATION BASED
ON THE GROUNDS THAT THE OFFENSE WAS NOT SPOUSAL ABUSE AS THAT TERM IS
DEFINED IN PARAGRAPH (J) OF THIS SUBDIVISION.
(4) THIS PARAGRAPH DOES NOT APPLY TO NATIONWIDE CRIMINAL HISTORY
RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF
OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR
TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
S 8. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgement shall
not affect, impair, or invalidate the remainder thereof, but shall be
S. 6406--C 52 A. 9006--C
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been included
herein.
S 9. This act shall take effect immediately, provided however that
sections six and seven of this act shall take effect on the two hundred
seventieth day after it shall have become a law.
PART N
Intentionally Omitted
PART O
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 I of chapter 56 of the laws of 2015, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least $141.00 for each month beginning on or after January
first, two thousand [fifteen] SIXTEEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least $163.00 for each month beginning on or after
January first, two thousand [fifteen] SIXTEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand [fifteen] SIXTEEN.
(d) for the period commencing January first, two thousand [sixteen]
SEVENTEEN, 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 [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand
[sixteen] SEVENTEEN, rounded to the nearest whole dollar.
S 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
I of chapter 56 of the laws of 2015, are amended to read as follows:
(a) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible individual living alone, $820.00; and for an eligible couple
living alone, $1204.00.
(b) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible individual living with others with or without in-kind income,
$756.00; and for an eligible couple living with others with or without
in-kind income, $1146.00.
(c) On and after January first, two thousand [fifteen] SIXTEEN, (i)
for an eligible individual receiving family care, $999.48 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
S. 6406--C 53 A. 9006--C
subparagraph (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $961.48; 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 [fifteen] SIXTEEN, (i)
for an eligible individual receiving residential care, $1168.00 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,
$1138.00; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
(e) (i) On and after January first, two thousand [fifteen] SIXTEEN,
for an eligible individual receiving enhanced residential care,
$1427.00; and (ii) for an eligible couple receiving enhanced residential
care, two times the amount set forth in subparagraph (i) of this para-
graph.
(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 [sixteen] SEVENTEEN
but prior to June thirtieth, two thousand [sixteen] SEVENTEEN.
S 3. This act shall take effect December 31, 2016.
PART P
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the rural rental
assistance program, a sum not to exceed twenty-two million two hundred
ninety-two thousand dollars for the fiscal year ending March 31, 2017.
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 author-
ized by this section, a total sum not to exceed twenty-two million two
hundred ninety-two thousand dollars, 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 2015-2016 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, 2016. Notwithstanding any other provision of
law, such funds may be used by the corporation in support of contracts
scheduled to expire in the fiscal year ending March 31, 2017 for as many
S. 6406--C 54 A. 9006--C
as 10 additional years; in support of contracts for new eligible
projects for a period not to exceed 5 years; and in support of contracts
which reach their 25 year maximum in and/or prior to the fiscal year
ending March 31, 2017 for an additional one year period.
S 2. Notwithstanding any other provision of law, the housing finance
agency may provide, for costs associated with the rehabilitation of
Mitchell Lama housing projects, a sum not to exceed forty-two million
dollars for the fiscal year ending March 31, 2017. 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 finance
agency, for the purposes of reimbursing any costs associated with Mitc-
hell Lama housing projects authorized by this section, a total sum not
to exceed forty-two million dollars, 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 2015-2016 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 March 31, 2017.
S 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion program, a sum not to exceed eight million nine hundred seventy-
nine thousand dollars for the fiscal year ending March 31, 2017. Within
this total amount one hundred fifty thousand dollars shall be used for
the purpose of entering into a contract with the neighborhood preserva-
tion coalition to provide technical assistance and services to companies
funded pursuant to article XVI 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 eight million nine
hundred seventy-nine thousand dollars, 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 2015-2016 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, 2016.
S. 6406--C 55 A. 9006--C
S 4. 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 three million seven hundred thirty-nine
thousand dollars for the fiscal year ending March 31, 2017. Within this
total amount one hundred fifty thousand dollars 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 XVII 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 three million seven hundred thirty-nine thousand
dollars, 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
2015-2016 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,
2016.
S 5. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural and urban commu-
nity investment fund program created pursuant to article XXVII of the
private housing finance law, a sum not to exceed thirty-one million two
hundred fifty thousand dollars for the fiscal year ending March 31,
2017. 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 and urban community invest-
ment fund program contracts authorized by this section, a total sum not
to exceed thirty-one million two hundred fifty thousand dollars, such
transfer to be made from (i) the special account of the mortgage insur-
ance 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 2015-2016 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 main-
tain 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 March 31, 2017.
S 6. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for the purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
S. 6406--C 56 A. 9006--C
to article XVIII of the private housing finance law, a sum not to exceed
ten million dollars for the fiscal year ending March 31, 2017. Notwith-
standing 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 carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law authorized by this
section, a total sum not to exceed ten million dollars, 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 2015-2016 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 March 31, 2017.
S 7. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the homes for working
families program for deposit in the housing trust fund created pursuant
to section 59-a of the private housing finance law and subject to the
provisions of article XVIII of the private housing finance law, a sum
not to exceed twelve million seven hundred fifty thousand dollars for
the fiscal year ending March 31, 2017. 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
homes for working families program contracts authorized by this section,
a total sum not to exceed twelve million seven hundred fifty thousand
dollars, 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
2015-2016 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 March 31,
2017.
S 8. 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 those programs, in accordance with the requirements
of those programs, a sum not to exceed fifteen million six hundred nine-
ty thousand dollars and an additional sum not to exceed six hundred
S. 6406--C 57 A. 9006--C
thousand dollars for purposes of the New York state supportive housing
program for the fiscal year ending March 31, 2017. The homeless housing
and assistance corporation may enter into an agreement with the office
of temporary and disability assistance to administer such sum in accord-
ance with the requirements of the programs. Notwithstanding any other
provision of law, and subject to the approval of the 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 sixteen million two hundred nine-
ty thousand dollars, 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 2015-2016 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 March 31, 2017.
S 9. Notwithstanding any other provision of law, the housing trust
fund corporation shall provide, for the purposes of the mobile and manu-
factured home replacement program, a sum not to exceed two million
dollars for the fiscal year ending March 31, 2017.
Eligible units of local government or not-for-profit corporations with
substantial experience in affordable housing, may apply to administer
local programs to replace dilapidated mobile or manufactured homes that
are sited on land owned by the homeowner with new manufactured, modular
or site built homes. All replacement homes shall be energy star rated
for energy efficiency. The total contract pursuant to any one eligible
applicant in a specified region may not exceed five hundred thousand
dollars. The corporation shall authorize the eligible applicant to spend
seven and one-half percent of the contract amount for approved planning
and costs associated with administering the program. The contract shall
provide for completion of the program within a reasonable period, as
specified therein, which shall not exceed four years from commencement
of the program. Upon request, the corporation may extend the term of the
contract for up to an additional one year period for good cause shown by
the eligible applicant.
An eligible property must be the primary residence of the homeowner
with a total household income that does not exceed eighty percent of
area median income for the county in which a project is located as
calculated by the United States department of housing and urban develop-
ment. Funds shall be made available for relocation assistance to eligi-
ble property owners who are unable to voluntarily relocate during the
demolition and construction phases of the project. The cost of demoli-
tion and removal shall be an eligible use within the program. The total
payment to replace a mobile or manufactured home pursuant to any one
eligible property shall not exceed one hundred thousand dollars and
provide for completion not to exceed four years.
Financial assistance to property owners shall be one hundred percent
grants in the form of deferred payment loans (DPL). A ten year declining
balance lien in the form of a note and mortgage, duly filed at the coun-
S. 6406--C 58 A. 9006--C
ty clerk's office, will be utilized for replacement projects. No inter-
est or payments will be required on the DPL unless the property is sold
or transferred before the regulatory term expires. In such cases funds
will be recaptured from the proceeds of the sale of the home, on a
declining balance basis, unless an income-eligible immediate family
member accepts ownership of, and resides in the home for the remainder
of the regulatory term.
Notwithstanding any other provision of law, and subject to 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 carrying out the
provisions of the mobile and manufactured home replacement program, a
total sum not to exceed two million dollars, 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 2015- 2016 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 March 31, 2017.
S 10. Notwithstanding any other provision of law to the contrary, the
housing trust fund corporation may provide, for costs associated with
naturally occurring retirement communities, a sum not to exceed three
hundred fifty thousand dollars for the fiscal year ending March 31,
2017. Notwithstanding any other provision of law to the contrary, 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 naturally occurring
retirement communities authorized by this section, a total sum not to
exceed three hundred fifty thousand dollars, 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 2015-2016 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 March 31, 2017.
S 11. Notwithstanding any other provision of law to the contrary, the
housing trust fund corporation may provide, for costs associated with
neighborhood naturally occurring retirement communities, a sum not to
exceed three hundred fifty thousand dollars for the fiscal year ending
March 31, 2017. Notwithstanding any other provision of law to the
contrary, and subject to the approval of the New York state director of
S. 6406--C 59 A. 9006--C
the budget, the board of directors of the state of New York mortgage
agency shall authorize the transfer to the housing trust fund corpo-
ration, for the purposes of reimbursing any costs associated with neigh-
borhood naturally occurring retirement communities authorized by this
section, a total sum not to exceed three hundred fifty thousand dollars,
such transfer to be made from (i) the special account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law, in an amount not to exceed the actual excess balance in the
special account of the mortgage insurance fund, as determined and certi-
fied by the state of New York mortgage agency for the fiscal year 2015-
2016 in accordance with section 2429-b of the public authorities law, if
any, and/or (ii) provided that the reserves in the project pool insur-
ance account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law are sufficient to attain and main-
tain 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 March 31, 2017.
S 12. This act shall take effect immediately.
PART Q
Section 1. Section 4 of subpart A of part D of chapter 58 of the laws
the 2011 amending the education law relating to capital facilities in
support of the state university and community colleges, is amended to
read as follows:
S 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2016] 2021.
S 2. Section 4 of subpart B of part D of chapter 58 of the laws of
2011 amending the education law relating to procurement in support of
the state and city universities, is amended to read as follows:
S 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2016] 2021.
S 3. Section 3 of subpart C of part D of chapter 58 of the laws of
2011 amending the education law relating to state university health care
facilities, is amended to read as follows:
S 3. This act shall take effect immediately, and shall expire and be
deemed repealed June 30, [2016] 2021.
S 4. This act shall take effect immediately.
PART R
Section 1. Subdivision 1 of section 663 of the education law, as
amended by section 1 of part F of chapter 58 of the laws of 2011, is
amended to read as follows:
1. Income defined. Except as otherwise provided in this section,
"income" shall be the total of the combined net taxable income and
income from pensions of New York state, local governments, the federal
government and any private employer of the applicant, the applicant's
spouse, and the applicant's parents, including any pension and annuity
income excluded for purposes of taxation pursuant to paragraph three-a
of subsection (c) of section six hundred twelve of the tax law, as
reported in New York state income tax returns for the calendar year
[next preceding the beginning of the school year for] COINCIDING WITH
THE TAX YEAR ESTABLISHED BY THE U.S. DEPARTMENT OF EDUCATION TO QUALIFY
APPLICANTS FOR FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY
S. 6406--C 60 A. 9006--C
TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, FOR THE SCHOOL
YEAR IN which application for assistance is made, except that any amount
received by an applicant as a scholarship at an educational institution
or as a fellowship grant, including the value of contributed services
and accommodations, shall not be included within the definition of
"income" for the purposes of this article. The term "parent" shall
include birth parents, stepparents, adoptive parents and the spouse of
an adoptive parent. Income, if not a whole dollar amount, shall be
assumed to be equal to the next lowest whole dollar amount. Any change
in the status of an applicant with regard to the persons responsible for
the applicant's support occurring after the beginning of any semester
shall not be considered to change the applicant's award for that semes-
ter.
S 2. This act shall take effect immediately and shall apply to all
awards commencing with the 2017-2018 school year and thereafter.
PART S
Section 1. Subdivision c of section 2 of part K of chapter 58 of the
laws of 2010 amending the social services law relating to establishing
the savings plan demonstration project, is amended to read as follows:
c. this act shall expire and be deemed repealed March 31, [2016] 2017.
S 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 10 of section 6306 of the education law, as
added by section 1 of part Y of chapter 56 of the laws of 2015, is
amended to read as follows:
10. The boards of trustees of the state university of New York commu-
nity colleges shall consult with boards of cooperative educational
services (BOCES) to identify new or existing programs offered to
students that would allow a student to pursue an associate of occupa-
tional studies (AOS) degree from a community college upon high school
graduation. Once identified, BOCES in collaboration with the community
college boards of trustees shall make such path, identified programs,
and AOS degree options known to ensure that students are aware that such
options exist. Such notification [may] SHALL begin [as early as] IN the
[seventh] EIGHTH grade, AND INCLUDE THE PROVISION OF MATERIALS ON AOS
DEGREE OPTIONS TO SCHOOL COUNSELORS IN EACH SCHOOL DISTRICT IN SUCH
REGION. Provided however, that such boards and BOCES shall not take any
action to direct or suggest that a student should pursue a particular
degree or pathway.
S 2. This act shall take effect immediately.
PART U
Section 1. Subdivisions 3, 5 and 6 of section 6456 of the education
law, as added by section 1 of part X of chapter 56 of the laws of 2015,
are amended to read as follows:
3. A. Funds appropriated IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN ACADEMIC YEAR for the purposes of this initiative shall be allo-
cated by sector as follows: fifty-two percent for institutions in the
state university of New York; thirty percent for institutions in the
city university of New York; and eighteen percent for other degree-
S. 6406--C 61 A. 9006--C
granting institutions in New York with current Arthur O. Eve higher
education opportunity programs.
B. FUNDS APPROPRIATED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN-
TEEN ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSES OF THIS INITIATIVE
SHALL BE ALLOCATED BY SECTOR BASED ON THE PERCENTAGE OF FOSTER YOUTH
IDENTIFIED BY EACH INSTITUTION THAT WILL BE SERVED BY THIS INITIATIVE IN
THE FOLLOWING ACADEMIC YEAR, IN APPLICATIONS RECEIVED BY THE COMMISSION-
ER PURSUANT TO SUBDIVISION SIX OF THIS SECTION, PROVIDED HOWEVER THAT
THE AWARD PER STUDENT FOR FOSTER YOUTH FIRST SERVED IN THE TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR SHALL BE NO LESS THAN THE
AMOUNT PER STUDENT AWARDED FOR THOSE STUDENTS IN THE TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR.
5. Moneys made available to institutions under this section shall be
spent for the following purposes:
a. to provide additional services and expenses to expand opportunities
through existing postsecondary opportunity programs at the state univer-
sity of New York, the city university of New York, and other degree-
granting higher education institutions for foster youth;
b. to provide any necessary supplemental financial aid for foster
youth, which may include the cost of tuition and fees, books, transpor-
tation, HOUSING and other expenses as determined by the commissioner to
be necessary for such foster youth to attend college;
c. summer college preparation programs to help foster youth transition
to college, prepare them to navigate on-campus systems, and provide
preparation in reading, writing, and mathematics for foster youth who
need it; or
d. advisement, tutoring, and academic assistance for foster youth.
6. Eligible institutions shall file an application for approval by the
commissioner no later than the first of [October] MAY each year demon-
strating a need for such funding, including how the funding would be
used and how many foster youth would be assisted with such funding.
Successful applicants will be funded as provided in subdivision four of
this section.
S 2. This act shall take effect immediately.
PART V
Section 1. The education law is amended by adding a new section 609 to
read as follows:
S 609. TUITION, AID AND PLACEMENT REPORT. IN ACADEMIC YEAR TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN, ALL NON-PUBLIC INSTITUTIONS OF
HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS OF THE UNIVER-
SITY OF THE STATE OF NEW YORK, WHICH PROVIDE A COURSE OF STUDY LEADING
TO THE GRANTING OF A FOUR YEAR POST-SECONDARY DEGREE OR DIPLOMA, EXCEPT
FOR A NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A
PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGIS-
TERED 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 BACCA-
LAUREATE DEGREE, SHALL REPORT TO THE SENATE AND ASSEMBLY CHAIRS OF THE
HIGHER EDUCATION COMMITTEES ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND
SIXTEEN, ON THE FOLLOWING: FACTORS THAT DRIVE COST INCREASES; TUITION
TRENDS FOR THE PAST SIX YEARS AND PERCENTAGE OF YEAR TO YEAR INCREASES;
TOTAL COST OF FEES; IF THE INSTITUTION HAS AN ENDOWMENT AND THE AMOUNT
OF SUCH ENDOWMENT; THE AVERAGE INSTITUTIONAL FINANCIAL AID PACKAGE BY
INCOME BRACKET AS DEFINED BY THE NATIONAL CENTER FOR EDUCATION STATIS-
S. 6406--C 62 A. 9006--C
TICS' INTEGRATED POST-SECONDARY EDUCATION DATA SYSTEM; GRADUATION RATES
FOR FOUR, FIVE AND SIX YEARS; ENROLLMENT TRENDS OVER THE PAST SIX YEARS;
THE AMOUNT SPENT TO EDUCATE STUDENTS PER FTE; THE PERCENTAGE OF STUDENTS
WHO ARE TAP AND PELL ELIGIBLE; ADMINISTRATIVE AND OPERATING COSTS AND
THE PERCENTAGE OF THOSE COSTS FUNDED BY TUITION; AND COST SAVING MEAS-
URES IMPLEMENTED OVER THE PAST SIX YEARS, IF ANY.
S 2. This act shall take effect immediately.
PART W
Section 1. Subdivision (i) of section 17 of the social services law,
as relettered by section 1 of part K3 of chapter 57 of the laws of 2007,
is relettered subdivision (j).
S 2. Section 17 of the social services law is amended by adding a new
subdivision (i) to read as follows:
(I) HAVE THE AUTHORITY APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH
THIS SUBDIVISION:
(1) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "BUILDING" SHALL MEAN AN ENTIRE BUILDING OR A UNIT WITHIN THAT
PROVIDES EMERGENCY SHELTER TO HOMELESS PERSONS.
(II) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OR HIS
OR HER DESIGNEE.
(III) "DATA" SHALL MEAN WRITTEN DOCUMENTATION OR KNOWLEDGE OBTAINED IN
THE COURSE OF AN INSPECTION, AUDITS, OR OTHER METHODS AUTHORIZED BY LAW.
(IV) "EMERGENCY SHELTER" MEANS ANY BUILDING WITH OVERNIGHT SLEEPING
ACCOMMODATIONS, THE PRIMARY PURPOSE OF WHICH IS TO PROVIDE TEMPORARY
SHELTER FOR THE HOMELESS IN GENERAL OR FOR SPECIFIC POPULATIONS OF THE
HOMELESS, INCLUDING RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC
VIOLENCE AND RUNAWAY AND HOMELESS YOUTH PROGRAMS CERTIFIED BY THE OFFICE
OF CHILDREN AND FAMILY SERVICES.
(V) "ESTABLISHED OPERATOR" SHALL MEAN A PROVIDER OF EMERGENCY SHELTER.
(VI) "SERIOUS FINANCIAL, HEALTH OR SAFETY DEFICIENCY" SHALL INCLUDE,
BUT NOT BE LIMITED TO, MISSED MORTGAGE PAYMENTS, MISSED RENT PAYMENTS, A
PATTERN OF UNTIMELY PAYMENT OF DEBTS, FAILURE TO PAY ITS EMPLOYEES OR
VENDORS, INSUFFICIENT FUNDS TO MEET THE GENERAL OPERATING EXPENSES OF
THE PROGRAM, OR A VIOLATION OF LAW, REGULATION, OR CODE WITH RESPECT TO
A BUILDING THAT PROVIDES EMERGENCY SHELTER TO HOMELESS PERSONS, IN WHICH
THERE ARE CONDITIONS THAT ARE DANGEROUS, HAZARDOUS, IMMINENTLY DETRI-
MENTAL TO LIFE OR HEALTH, OR OTHERWISE RENDER THE BUILDING NOT FIT FOR
HUMAN HABITATION.
(VII) "TEMPORARY OPERATOR" SHALL MEAN ANY PROVIDER OF EMERGENCY SHEL-
TER THAT:
(A) AGREES TO PROVIDE EMERGENCY SHELTER PURSUANT TO THIS CHAPTER ON A
TEMPORARY BASIS IN THE BEST INTERESTS OF ITS HOMELESS INDIVIDUALS AND
FAMILIES SERVED BY THE BUILDING;
(B) HAS A HISTORY OF COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGU-
LATIONS AND A RECORD OF PROVIDING EMERGENCY SHELTER OF GOOD QUALITY, AS
DETERMINED BY THE COMMISSIONER; AND
(C) PRIOR TO APPOINTMENT AS TEMPORARY OPERATOR, DEVELOPS A PLAN DETER-
MINED TO BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE BUILDING'S
DEFICIENCIES.
(2) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE EMERGENCY
SHELTER HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS AND THE ABILITY
TO CURE SUCH VIOLATIONS. THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO
BE NOTIFIED OF THE ALLEGED VIOLATIONS PRIOR TO THE APPOINTMENT OF A
TEMPORARY OPERATOR. IF THE EMERGENCY SHELTER FAILS TO CURE SUCH
S. 6406--C 63 A. 9006--C
VIOLATIONS IN A TIMELY MANNER, A TEMPORARY OPERATOR MAY BE APPOINTED
WHERE: (A) DATA DEMONSTRATES THAT THE BUILDING IS EXHIBITING A SERIOUS
FINANCIAL, HEALTH, OR SAFETY DEFICIENCY; (B) DATA DEMONSTRATES THAT THE
ESTABLISHED OPERATOR IS UNABLE OR UNWILLING TO ENSURE THE PROPER OPERA-
TION OF THE BUILDING; OR (C) DATA INDICATES THERE EXIST CONDITIONS THAT
SERIOUSLY ENDANGER OR JEOPARDIZE EMERGENCY SHELTER RESIDENTS. IF THE
COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR, THE COMMISSION-
ER SHALL NOTIFY THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES
DISTRICT OF HIS OR HER INTENTION TO APPOINT A TEMPORARY OPERATOR TO
ASSUME SOLE RESPONSIBILITY FOR THE PROVIDER OF THE EMERGENCY SHELTER'S
OPERATIONS FOR A LIMITED PERIOD OF TIME. THE APPOINTMENT OF A TEMPORARY
OPERATOR SHALL BE EFFECTUATED PURSUANT TO THIS SECTION, AND SHALL BE IN
ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW.
(II) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE COMMISSIONER
TO APPOINT A TEMPORARY OPERATOR. UPON RECEIVING SUCH A REQUEST, THE
COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS NECES-
SARY, ENTER INTO AN AGREEMENT WITH THE ESTABLISHED OPERATOR FOR THE
APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION
OF QUALITY EMERGENCY SHELTER TO THE EMERGENCY SHELTER RESIDENTS UNTIL
THE ESTABLISHED OPERATOR CAN RESUME OPERATIONS WITHIN THE DESIGNATED
TIME PERIOD OR OTHER ACTION IS TAKEN TO SUSPEND, REVOKE, OR LIMIT THE
AUTHORITY OF THE ESTABLISHED OPERATOR.
(3) (I) A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS SECTION SHALL
USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY
THE COMMISSIONER TO CORRECT OR ELIMINATE ANY DEFICIENCIES IN THE BUILD-
ING AND TO PROMOTE THE QUALITY AND ACCESSIBILITY OF THE EMERGENCY SHEL-
TER IN THE COMMUNITY SERVED BY THE PROVIDER OF EMERGENCY SHELTER.
(II) DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL HAVE
THE AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS NECES-
SARY TO APPROPRIATELY PROVIDE EMERGENCY SHELTER FOR HOMELESS INDIVIDUALS
AND FAMILIES. THE TEMPORARY OPERATOR SHALL, DURING THIS PERIOD, PROVIDE
EMERGENCY SHELTER IN SUCH A MANNER AS TO PROMOTE SAFETY AND THE QUALITY
AND ACCESSIBILITY OF EMERGENCY SHELTER IN THE COMMUNITY SERVED BY THE
ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED OPERATOR CAN RESUME
OPERATIONS OR UNTIL THE OFFICE REVOKES THE AUTHORITY OF THE EMERGENCY
SHELTER TO OPERATE UNDER THIS CHAPTER.
(III) THE ESTABLISHED OPERATOR SHALL GRANT ACCESS TO THE TEMPORARY
OPERATOR TO THE ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO
ADDRESS ANY SERIOUS FINANCIAL, HEALTH OR SAFETY DEFICIENCY. THE TEMPO-
RARY OPERATOR SHALL APPROVE ANY DECISION RELATED TO AN ESTABLISHED
PROVIDER'S DAY TO DAY OPERATIONS OR THE ESTABLISHED PROVIDER'S ABILITY
TO PROVIDE EMERGENCY SHELTER.
(IV) THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO
SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB-
LISHED OPERATOR OR CONTAINED WITHIN THE ESTABLISHED OPERATOR OR IN ANY
FIXTURE OF THE BUILDING, SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY BY
THE TEMPORARY OPERATOR. NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE
SHALL ENGAGE IN ANY ACTIVITY THAT CONSTITUTES A CONFISCATION OF PROPER-
TY.
(4) COSTS ASSOCIATED WITH THE TEMPORARY OPERATOR, INCLUDING COMPEN-
SATION, SHALL FOLLOW THE FINANCING STRUCTURE ESTABLISHED IN ACCORDANCE
WITH SECTION ONE HUNDRED FIFTY-THREE OF THIS CHAPTER, AS MODIFIED BY THE
CURRENT AID TO LOCALITIES PROVISIONS FOR THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE WITHIN THE DEPARTMENT OF FAMILY ASSISTANCE. THE
TEMPORARY OPERATOR SHALL BE LIABLE ONLY IN ITS CAPACITY AS TEMPORARY
OPERATOR FOR INJURY TO PERSON AND PROPERTY BY REASON OF ITS OPERATION OF
S. 6406--C 64 A. 9006--C
SUCH BUILDING; NO LIABILITY SHALL INCUR IN THE TEMPORARY OPERATOR'S
PERSONAL CAPACITY, EXCEPT FOR GROSS NEGLIGENCE AND INTENTIONAL ACTS.
(5) (I) THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR
SHALL NOT EXCEED NINETY DAYS. AFTER NINETY DAYS, IF THE COMMISSIONER
DETERMINES THAT TERMINATION OF THE TEMPORARY OPERATOR WOULD CAUSE
SIGNIFICANT DETERIORATION OF THE QUALITY OF, OR ACCESS TO, EMERGENCY
SHELTER IN THE COMMUNITY OR THAT REAPPOINTMENT IS NECESSARY TO CORRECT
THE DEFICIENCIES THAT REQUIRED THE APPOINTMENT OF THE TEMPORARY OPERA-
TOR, THE COMMISSIONER MAY AUTHORIZE AN ADDITIONAL NINETY-DAY TERM.
HOWEVER, SUCH AUTHORIZATION SHALL INCLUDE THE COMMISSIONER'S REQUIRE-
MENTS FOR CONCLUSION OF THE TEMPORARY OPERATORSHIP TO BE SATISFIED WITH-
IN THE ADDITIONAL TERM.
(II) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF THE
APPOINTMENT OF THE TEMPORARY OPERATOR, THE TEMPORARY OPERATOR SHALL
SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES DISTRICT, AND
TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING:
(A) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED
BUILDING DEFICIENCIES, THE RESUMPTION OF BUILDING OPERATIONS BY THE
ESTABLISHED OPERATOR, OR THE REVOCATION OF AUTHORITY TO OPERATE AN EMER-
GENCY SHELTER;
(B) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY OPERATORSHIP IF
NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND
(C) IF APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION
OF EMERGENCY SHELTER SUBSEQUENT TO THE TEMPORARY OPERATORSHIP.
(III) THE TERM OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT REAP-
POINTMENT MAY BE TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED
TERM, IF THE ESTABLISHED OPERATOR AND THE COMMISSIONER AGREE ON A PLAN
OF CORRECTION AND THE IMPLEMENTATION OF SUCH PLAN.
(6) (I) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN
INTENTION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO SUBPARAGRAPH (I)
OF PARAGRAPH TWO OF THIS SUBDIVISION, CAUSE THE ESTABLISHED OPERATOR AND
THE LOCAL SOCIAL SERVICES DISTRICT TO BE NOTIFIED OF THE INTENTION BY
REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE PRINCIPAL OFFICE OF THE
ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. SUCH
NOTIFICATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE FINDINGS UNDER-
LYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, AND THE DATE AND
TIME OF A REQUIRED MEETING WITH THE COMMISSIONER WITHIN TEN BUSINESS
DAYS OF THE RECEIPT OF SUCH NOTICE. AT SUCH MEETING, THE ESTABLISHED
OPERATOR, AND THE COMMISSIONER SHALL HAVE THE OPPORTUNITY TO REVIEW AND
DISCUSS ALL RELEVANT FINDINGS. AT SUCH MEETING, THE COMMISSIONER AND THE
ESTABLISHED OPERATOR SHALL ATTEMPT TO DEVELOP A MUTUALLY SATISFACTORY
PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION. IF A MUTUALLY SATIS-
FACTORY PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION IS DEVELOPED,
THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR THAT THE COMMIS-
SIONER WILL ABSTAIN FROM APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON
THE ESTABLISHED OPERATOR REMEDIATING THE IDENTIFIED DEFICIENCIES WITHIN
THE AGREED UPON TIMEFRAME.
(II) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTEN-
TION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH TWO OF THIS SUBDIVISION, CAUSE THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY TO RECEIVE APPROPRIATE AND TIME-
LY NOTIFICATION OF THE INTENTION TO APPOINT A TEMPORARY OPERATOR. SUCH
NOTIFICATION SHALL INCLUDE A DESCRIPTION OF THE FINDINGS UNDERLYING THE
INTENTION TO APPOINT A TEMPORARY OPERATOR, THE IDENTIFICATION OF THE NEW
OPERATOR WHEN PRACTICABLE, AND THE DATE OF EXPECTED TRANSFER OF OPER-
S. 6406--C 65 A. 9006--C
ATIONS. SUCH NOTICE SHALL BE MADE AS SOON AS PRACTICABLE UNDER THE
CIRCUMSTANCES.
(III) THE COMMISSIONER, AT ANY TIME HE OR SHE DEEMS NECESSARY AND TO
THE EXTENT PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE LOCAL SOCIAL
SERVICES DISTRICT.
(IV) SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE TO
ESTABLISH A PLAN OF CORRECTION PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH, OR SHOULD THE ESTABLISHED OPERATOR FAIL TO RESPOND TO THE
COMMISSIONER'S INITIAL NOTIFICATION, THERE SHALL BE AN ADMINISTRATIVE
HEARING ON THE COMMISSIONER'S DETERMINATION TO APPOINT A TEMPORARY OPER-
ATOR TO BEGIN NO LATER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO
THE ESTABLISHED OPERATOR. ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO
THE ISSUE OF WHETHER THE DETERMINATION OF THE COMMISSIONER TO APPOINT A
TEMPORARY OPERATOR IS SUPPORTED BY SUBSTANTIAL EVIDENCE. A COPY OF THE
DECISION SHALL BE SENT TO THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL
SERVICES DISTRICT.
(V) IF THE DECISION TO APPOINT A TEMPORARY OPERATOR IS UPHELD SUCH
TEMPORARY OPERATOR SHALL BE APPOINTED AS SOON AS IS PRACTICABLE AND
SHALL PROVIDE EMERGENCY SHELTER PURSUANT TO THE PROVISIONS OF THIS
SECTION.
(7) NOTWITHSTANDING THE APPOINTMENT OF A TEMPORARY OPERATOR, THE
ESTABLISHED OPERATOR SHALL REMAIN OBLIGATED FOR THE CONTINUED PROVISION
OF EMERGENCY SHELTER. NO PROVISION CONTAINED IN THIS SECTION SHALL BE
DEEMED TO RELIEVE THE ESTABLISHED OPERATOR OR ANY OTHER PERSON OF ANY
CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY IMPOSED BY LAW, BY
REASON OF ACTS OR OMISSIONS OF THE ESTABLISHED OPERATOR OR ANY OTHER
PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERATOR OF THE BUILD-
ING HEREUNDER; NOR SHALL ANYTHING CONTAINED IN THIS SECTION BE CONSTRUED
TO SUSPEND DURING THE TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR
OF THE BUILDING ANY OBLIGATION OF THE ESTABLISHED OPERATOR OR ANY OTHER
PERSON FOR THE MAINTENANCE AND REPAIR OF THE BUILDING, PROVISION OF
UTILITY SERVICES, PAYMENT OF TAXES OR OTHER OPERATING AND MAINTENANCE
EXPENSES OF THE BUILDING, NOR OF THE ESTABLISHED OPERATOR OR ANY OTHER
PERSON FOR THE PAYMENT OF MORTGAGES OR LIENS.
S 3. Nothing in section two of this act shall be deemed in any way to
limit the authority of the commissioner of the office of temporary and
disability assistance or the commissioner of the office of children and
family services or his or her designee to take additional actions with
respect to a building that provides emergency shelter, in which there
are conditions that are dangerous, hazardous, imminently detrimental to
life or health, or otherwise render the building not fit for human habi-
tation.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
2019.
PART X
Section 1. Subdivision 1 of section 131-n of the social services law,
as amended by chapter 373 of the laws of 2003, paragraph (c) as amended
by section 5 of part J of chapter 58 of the laws of 2014, is amended to
read as follows:
1. The following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
S. 6406--C 66 A. 9006--C
sand dollars, or three thousand dollars in the case of households in
which any member is sixty years of age or older, (b) an amount up to
four thousand six hundred fifty dollars in a separate bank account
established by an individual while currently in receipt of assistance
for the sole purpose of enabling the individual to purchase a first or
replacement vehicle for the recipient to seek, obtain or maintain
employment, so long as the funds are not used for any other purpose, (c)
an amount up to one thousand four hundred dollars in a separate bank
account established by an individual while currently in receipt of
assistance for the purpose of paying tuition at a two-year or four-year
accredited post-secondary educational institution, so long as the funds
are not used for any other purpose, (d) the home which is the usual
residence of the household, (e) [one automobile, up to four thousand six
hundred fifty dollars fair market value, provided, however, that if the
automobile is needed for the applicant or recipient to seek or retain
employment or travel to and from work activities as defined in section
three hundred thirty-six of this chapter, the automobile exemption shall
be increased to nine thousand three hundred dollars,] ONE AUTOMOBILE, UP
TO TEN THOUSAND DOLLARS FAIR MARKET VALUE, THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN; ONE AUTOMOBILE, UP TO ELEVEN THOUSAND DOLLARS
FAIR MARKET VALUE, FROM APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN; AND ONE AUTOMOBILE, UP TO
TWELVE THOUSAND DOLLARS FAIR MARKET VALUE, BEGINNING APRIL FIRST, TWO
THOUSAND EIGHTEEN AND THEREAFTER, or such other higher dollar value as
the local social services district may elect to adopt, (f) one burial
plot per household member as defined in department regulations, (g) bona
fide funeral agreements up to a total of one thousand five hundred
dollars in equity value per household member, (h) funds in an individual
development account established in accordance with subdivision five of
section three hundred fifty-eight of this chapter and section four
hundred three of the social security act and (i) for a period of six
months, real property which the household is making a good faith effort
to sell, in accordance with department regulations and tangible personal
property necessary for business or for employment purposes in accordance
with department regulations. If federal law or regulations require the
exemption or disregard of additional income and resources in determining
need for family assistance, or medical assistance not exempted or disre-
garded pursuant to any other provision of this chapter, the department
may, by regulations subject to the approval of the director of the budg-
et, require social services officials to exempt or disregard such income
and resources. Refunds resulting from earned income tax credits shall be
disregarded in public assistance programs.
S 2. This act shall take effect on the forty-fifth day after it shall
have become a law; provided that the amendments to subdivision 1 of
section 131-n of the social services law made by section one of this act
shall not affect the expiration and repeal of such section and shall
expire and be deemed repealed therewith.
PART Y
Section 1. Section 332-b of the social services law is amended by
adding a new subdivision 4-a to read as follows:
4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT
TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER, THE PRACTITIONER SHALL PROVIDE A WRITTEN DETERMINATION
S. 6406--C 67 A. 9006--C
THAT SPECIFIES WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S
TREATING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION AND PRESENT
EVIDENCE THAT SUPPORTS THE OPINION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART Z
Section 1. Paragraph 1 of subdivision d of section 19-a of the retire-
ment and social security law, as amended by section 2 of part BB of
chapter 57 of the laws of 2013, is amended to read as follows:
(1) For any given fiscal year for which an employer's average actuari-
al contribution rate exceeds the system graded contribution rate, the
employer shall pay to the retirement system an amount equal to the
employer's annual bill for such year or, in lieu of paying the entire
annual bill, the employer may pay an amount equal to the employer's
annual bill less all or a portion of the employer's amount eligible for
amortization for the fiscal year. If in accordance with this paragraph
the employer's payment to the retirement system is less than the entire
amount of the employer's annual bill, then the difference between the
employer's annual bill, and the amount actually paid by the employer to
the retirement system exclusive of any amount from the employer contrib-
ution reserve fund applied to reduce the employer's payment, shall be
the amount amortized for the fiscal year. The amount amortized for the
fiscal year shall be paid to the retirement system in equal annual
installments over a ten-year period, with interest on the unpaid balance
at a rate determined by the comptroller which approximates a market rate
of return on taxable fixed rate securities with similar terms issued by
comparable issuers, and with the first installment due in the immediate-
ly succeeding fiscal year. PROVIDED HOWEVER THAT, NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY AND AT THE SOLE DISCRETION OF THE
DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE AS AN AMORTIZING
EMPLOYER MAY PREPAY TO THE RETIREMENT SYSTEM THE TOTAL AMOUNT OF PRINCI-
PAL DUE FOR ANY SUCH ANNUAL INSTALLMENT OR INSTALLMENTS FOR A GIVEN
FISCAL YEAR PRIOR TO THE EXPIRATION OF THE TEN-YEAR AMORTIZATION PERIOD.
IN THE EVENT THE STATE ELECTS TO MAKE SUCH PREPAYMENT, THE DIRECTOR OF
THE DIVISION OF BUDGET MUST IDENTIFY THE FISCAL YEAR OR YEARS FOR WHICH
THE TOTAL PRINCIPAL AMOUNT DUE FOR THE ANNUAL INSTALLMENT IS BEING
PREPAID. IN ANY FISCAL YEAR FOR WHICH THE DIRECTOR OF THE DIVISION OF
THE BUDGET IDENTIFIES SUCH PREPAYMENT IS BEING MADE, THE STATE (I) SHALL
NOT BE REQUIRED TO MAKE A PAYMENT OF PRINCIPAL TO THE RETIREMENT SYSTEM
FOR SUCH FISCAL YEAR, AND (II) SHALL PAY TO THE RETIREMENT SYSTEM ANNUAL
INTEREST ON THE REMAINING PRINCIPAL BALANCE AT THE RATE ORIGINALLY SET
BY THE COMPTROLLER WHEN THE STATE FIRST ELECTED TO AMORTIZE IN ACCORD-
ANCE WITH THIS PARAGRAPH. NOTHING CONTAINED HEREIN SHALL PERMIT THE
STATE TO EXTEND THE AMORTIZATION PERIOD ORIGINALLY ESTABLISHED IN
ACCORDANCE WITH THIS PARAGRAPH BEYOND THE ORIGINAL TEN-YEAR AMORTIZATION
PERIOD.
S 2. Paragraph 1 of subdivision d of section 319-a of the retirement
and social security law, as amended by section 3 of part BB of chapter
57 of the laws of 2013, is amended to read as follows:
(1) For any given fiscal year for which an employer's average actuari-
al contribution rate exceeds the employer graded contribution rate, the
employer shall pay to the retirement system an amount equal to the
employer's annual bill for such year or, in lieu of paying the entire
annual bill, the employer may pay an amount equal to the employer's
S. 6406--C 68 A. 9006--C
annual bill less all or a portion of the employer's amount eligible for
amortization for the fiscal year. If in accordance with this paragraph
the employer's payment to the retirement system is less than the entire
amount of the employer's annual bill, then the difference between the
employer's annual bill, and the amount actually paid by the employer to
the retirement system exclusive of any amount from the employer contrib-
ution reserve fund applied to reduce the employer's payment, shall be
the amount amortized for the fiscal year. The amount amortized for the
fiscal year shall be paid to the retirement system in equal annual
installments over a ten-year period, with interest on the unpaid balance
at a rate determined by the comptroller which approximates a market rate
of return on taxable fixed rate securities with similar terms issued by
comparable issuers, and with the first installment due in the immediate-
ly succeeding fiscal year. PROVIDED HOWEVER THAT, NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY AND AT THE SOLE DISCRETION OF THE
DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE AS AN AMORTIZING
EMPLOYER MAY PREPAY TO THE RETIREMENT SYSTEM THE TOTAL AMOUNT OF PRINCI-
PAL DUE FOR ANY SUCH ANNUAL INSTALLMENT OR INSTALLMENTS FOR A GIVEN
FISCAL YEAR PRIOR TO THE EXPIRATION OF THE TEN-YEAR AMORTIZATION PERIOD.
IN THE EVENT THE STATE ELECTS TO MAKE SUCH PREPAYMENT, THE DIRECTOR OF
THE DIVISION OF BUDGET MUST IDENTIFY THE FISCAL YEAR OR YEARS FOR WHICH
THE TOTAL PRINCIPAL AMOUNT DUE FOR THE ANNUAL INSTALLMENT IS BEING
PREPAID. IN ANY FISCAL YEAR FOR WHICH THE DIRECTOR OF THE DIVISION OF
THE BUDGET IDENTIFIES SUCH PREPAYMENT IS BEING MADE, THE STATE (I) SHALL
NOT BE REQUIRED TO MAKE A PAYMENT OF PRINCIPAL TO THE RETIREMENT SYSTEM
FOR SUCH FISCAL YEAR, AND (II) SHALL PAY TO THE RETIREMENT SYSTEM ANNUAL
INTEREST ON THE REMAINING PRINCIPAL BALANCE AT THE RATE ORIGINALLY SET
BY THE COMPTROLLER WHEN THE STATE FIRST ELECTED TO AMORTIZE IN ACCORD-
ANCE WITH THIS PARAGRAPH. NOTHING CONTAINED HEREIN SHALL PERMIT THE
STATE TO EXTEND THE AMORTIZATION PERIOD ORIGINALLY ESTABLISHED IN
ACCORDANCE WITH THIS PARAGRAPH BEYOND THE ORIGINAL TEN-YEAR AMORTIZATION
PERIOD.
S 3. This act shall take effect April 1, 2016.
PART AA
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part GG of chapter 58 of the laws of 2015, is
amended to read as follows:
S 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2016] 2017 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
S 2. This act shall take effect immediately.
PART BB
Section 1. Legislative intent. The legislature declares that the
purpose of this act is to clearly provide in statute for insurers to
offer and for homeowners, condominium owners, cooperative apartment
owners, and renters to obtain a financial incentive if they complete a
course of instruction on how to make their residence more resilient to a
S. 6406--C 69 A. 9006--C
natural disaster, reduce the potential loss of life or property damage
that could result from a natural disaster, reduce the risk of fire,
theft, burglary, personal injury or property damage, and raise their
awareness of natural disaster preparedness by offering property/casualty
insurance premium reductions.
S 2. The section heading of section 2346 of the insurance law, as
amended by chapter 637 of the laws of 1993, is amended and a new
subsection 5 is added to read as follows:
Reduction in rates of fire insurance [or], homeowners insurance OR
PROPERTY/CASUALTY premiums for residential property.
5. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(1) "COMPLETION CERTIFICATE" MEANS A DOCUMENT WHICH CANNOT BE ALTERED
AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY COMPLETES A HOMEOWNER
NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE.
(2) "NATURAL DISASTER" MEANS THE OCCURRENCE OR IMMINENT THREAT OF
WIDESPREAD CATASTROPHIC OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR
PROPERTY RESULTING FROM ANY NATURAL CAUSE INCLUDING, BUT NOT LIMITED TO,
FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE,
MUDSLIDE, WIND, STORM, WAVE ACTION, ICE STORM, EPIDEMIC, AIR CONTAM-
INATION, BLIGHT, DROUGHT, INFESTATION, EXPLOSION, WATER CONTAMINATION,
BRIDGE FAILURE, OR BRIDGE COLLAPSE.
(3) "HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS
PREVENTION COURSE" MEANS A NATURAL DISASTER PREPAREDNESS, HOME SAFETY
AND LOSS PREVENTION COURSE THAT HAS BEEN SUBMITTED TO THE SUPERINTENDENT
FOR THEIR INFORMATION AND REVIEW BY AN APPLICANT. SUCH COURSE MAY
PROVIDE USEFUL INFORMATION TO PARTICIPANTS ON ITEMS INCLUDING, BUT NOT
LIMITED TO: COURSES OF ACTION THAT CAN BE TAKEN BEFORE, DURING AND
AFTER THE OCCURRENCE OF A NATURAL DISASTER, STRATEGIES TO REDUCE RISK
EXPOSURE TO INSURED RESIDENTIAL PROPERTY OWNERS AND RENTERS, AND INFOR-
MATION ABOUT THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER CAPITAL
IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO ELIMINATE OR MITIGATE
DAMAGE TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY OR THE LOSS OF LIFE
CAUSED BY A NATURAL DISASTER OR OTHER INSURABLE EVENT OR OCCURRENCE OF A
FIRE, THEFT, BURGLARY, PERSONAL INJURY OR PROPERTY DAMAGE.
(4) "APPLICANT" MEANS AN INSURER, OR ANY OTHER PERSON, AGENCY OR
ORGANIZATION WHICH SUBMITS A PROPOSED HOMEOWNER NATURAL DISASTER
PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE TO THE SUPERINTEN-
DENT FOR THEIR INFORMATION AND REVIEW, AND WHO OR WHICH IS PREPARED AND
ABLE TO OFFER SUCH COURSE TO INSUREDS UPON THE APPROVAL THEREOF.
(B) THE SUPERINTENDENT MAY PROVIDE FOR AN ACTUARIALLY APPROPRIATE
REDUCTION FOR A PERIOD OF THREE YEARS IN RATES OF HOMEOWNER'S INSURANCE
AND PROPERTY/CASUALTY INSURANCE PREMIUMS APPLICABLE TO RESIDENTIAL REAL
PROPERTY FOR EACH TRIENNIAL COMPLETION OF A HOMEOWNER NATURAL DISASTER
PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE BY THE INSURED
OCCUPANT OF SUCH RESIDENTIAL REAL PROPERTY. IN ADDITION, THE SUPER-
INTENDENT MAY ALSO PROVIDE FOR ACTUARIALLY APPROPRIATE REDUCTIONS IN
SUCH RATES FOR THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER CAPITAL
IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO ELIMINATE OR MITIGATE
NATURAL DISASTER DAMAGE, IMPROVE HOME SAFETY OR PREVENT OTHER LOSSES.
(C) AN INSURER, UPON APPROVAL OF THE SUPERINTENDENT, MAY UPON
SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR-
IALLY APPROPRIATE REDUCTION, FOR A PERIOD OF THREE YEARS, OF THE PREMIUM
FOR SUCH INSURED'S HOMEOWNER'S INSURANCE OR PROPERTY/CASUALTY INSURANCE
ON THE RESIDENTIAL REAL PROPERTY WHICH IS THE INSURED'S PLACE OF RESI-
DENCE.
S. 6406--C 70 A. 9006--C
(D) THE SUPERINTENDENT MAY ESTABLISH, BY RULE OR OTHERWISE, STANDARDS
OR GUIDELINES TO BE USED BY THE SUPERINTENDENT WHEN REVIEWING THE
PROPOSED HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS
PREVENTION COURSES.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that effective immediately, any actions necessary to be taken for the
implementation of the provisions of this act on its effective date are
authorized and directed to be completed on or before such effective
date.
PART CC
Section 1. Section 9-w of the banking law, as added by section 1 of
part F of chapter 56 of the laws of 2015, is amended to read as follows:
S 9-w. Standard financial aid award letter. The superintendent of
financial services in consultation with the president of the higher
education services corporation shall develop a standard financial aid
award letter which shall clearly delineate (a) the estimated cost of
attendance, including but not limited to, the cost of tuition and fees,
room and board, books, and transportation. Such standard letter shall
provide the estimated cost of attendance for the current academic year
as well as estimates for each academic year that the student would need
to attend to earn a degree at such institution with a disclaimer that
the cost of attendance for years other than the current academic year
are estimates and may be subject to change, (b) all financial aid
offered from the federal government, the state, and the institution with
an explanation as to which components will require repayment, (c) any
expected student and/or family contribution, (d) campus-specific gradu-
ation, median borrowing, and loan default rates, and (e) any other
information as determined by the superintendent in consultation with the
president. Such standard letter shall include a glossary of standard
terms and definitions used on such standard letter. The superintendent
shall publish and make available such standard letter by December thir-
ty-first, two thousand fifteen and thereafter. Each college, vocational
institution, and any other institution that offers an approved program
as defined in section six hundred one of the education law shall utilize
the standard letter issued by the department of financial services in
responding to all UNDERGRADUATE financial aid applicants for the two
thousand sixteen--two thousand seventeen academic year and thereafter.
The superintendent shall promulgate regulations implementing this
section.
S 2. This act shall take effect immediately.
PART DD
Section 1. Subdivision 11 of section 6305 of the education law, as
amended by section 1 of part W of chapter 56 of the laws of 2014, is
amended to read as follows:
11. The state university of New York and the city university of New
York shall, pursuant to a study and plan, develop a methodology for
calculating chargeback rates to ensure equity between the local sponsor
contribution per student and the chargeback rate per student charged to
other counties, and the implementation of such methodology will be
phased in over five years beginning in the two thousand [sixteen--two
thousand seventeen] EIGHTEEN--TWO THOUSAND NINETEEN academic year. A
S. 6406--C 71 A. 9006--C
report on the plan shall be submitted to the chair of the senate and
assembly higher education committees, the chairs of the senate finance
committee, the chair of the assembly ways and means committee and the
director of the budget no later than June first, two thousand fifteen.
S 2. This act shall take effect immediately.
PART EE
Section 1. Section 4 of part U of chapter 55 of the laws of 2014,
amending the real property tax law relating to the tax abatement and
exemption for rent regulated and rent controlled property occupied by
senior citizens, is amended to read as follows:
S 4. This act shall take effect July 1, 2014, and sections one and two
of this act shall expire and be deemed repealed [2 years after the
effective date thereof] JUNE 30, 2020; provided that the amendment to
section 467-b of the real property tax law made by section one of this
act shall not affect the expiration of such section and shall be deemed
to expire therewith.
S 2. Section 3 of part U of chapter 55 of the laws of 2014, amending
the real property tax law relating to the tax abatement and exemption
for rent regulated and rent controlled property occupied by senior citi-
zens, is amended to read as follows:
S 3. The state shall reimburse the city of New York for the difference
between the amount of real property tax revenue abated for the period
beginning July 1, 2014 and ending June 30, 2016 pursuant to the income
threshold established by sections one and two of this act and the amount
of real property tax revenue that would have been abated for the period
beginning July 1, 2014 and ending June 30, 2016 pursuant to the income
thresholds that were in effect immediately prior to the income threshold
increases established by sections one and two of this act, PROVIDED,
HOWEVER, THE STATE'S LIABILITY AND AMOUNT OF REIMBURSEMENT PURSUANT TO
THIS ACT SHALL NOT EXCEED ONE MILLION TWO HUNDRED THOUSAND DOLLARS.
Prior to any payment, the city shall provide attestation to the director
of the New York state division of the budget and the state comptroller
as to the actual amount of real property tax revenue abated pursuant to
the income thresholds established by sections one and two of this act
for the city fiscal years beginning July 1, 2014 and July 1, 2015 and
the actual amount of real property tax revenue that would have been
abated pursuant to the income thresholds that were in effect immediately
prior to the income threshold increases established by sections one and
two of this act for the city fiscal years beginning July 1, 2014 and
July 1, 2015. The information contained within such attestation may be
subject to the audit and verification by the state comptroller.
S 3. Section 4 of chapter 129 of the laws of 2014, amending the real
property tax law relating to the tax abatement and exemption for rent
regulated and rent controlled property occupied by persons with disabil-
ities, is amended to read as follows:
S 4. This act shall take effect July 1, 2014 provided, however, that:
(a) the amendments to paragraph b of subdivision 3 of section 467-b of
the real property tax law made by section one of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
section 17 of chapter 576 of the laws of 1974, as amended, when upon
such date the provisions of section two of this act shall take effect;
and
(b) nothing contained in this act shall be construed so as to extend
the provisions of this act beyond [July 1, 2016] JUNE 30, 2020, when
S. 6406--C 72 A. 9006--C
upon such date this act shall expire and the provisions contained in
this act shall be deemed repealed.
S 4. This act shall take effect immediately.
PART FF
Section 1. Subject to the provisions of this act, the town of River-
head, county of Suffolk, (hereinafter the "town") is hereby authorized
to refund bonds previously issued or refunded between 2000-2008 pursuant
to section 64-e of the town law for the acquisition of land or permanent
rights on land. The refunding bonds may be sold at public or private
sale in accordance with sections 90.00 or 90.10 of the local finance
law, provided, however, that the town shall be exempt from compliance
with (a) subdivisions 1 and 4 of paragraph a and subdivision 3 of para-
graph f of section 90.00 of the local finance law relating to limiting
the length of time for which refunding bonds can be issued and budgetary
appropriation requirements for payments due on original bond issuance,
and (b) subparagraph (a) of subdivision 2 of paragraph b, subdivisions 4
and 5 of paragraph e, and paragraph g of section 90.10 of the local
finance law relating to a required showing of savings for the issuance
of refunding bonds and limiting the length of time refunding bonds can
be issued for. If the bonds to be refunded are to be redeemed or paid on
the same date as the refunding bonds are issued, the town shall not be
required to comply with the provisions of section 90.10 of the local
finance law relating to the escrow of the proceeds of the sale of the
refunding bonds.
S 2. The refunding bonds authorized to be issued pursuant to this act
shall not be issued unless the governing board of the town adopts a
resolution which shall be subject to a permissive referendum pursuant to
article 7 of the town law. Except for those provisions from which the
town is exempt pursuant to section one of this act, such resolution
shall contain the information required by section 90.00 or 90.10 of the
local finance law, and
(a) the financial plan for the proposed refunding must show the sourc-
es and amounts of all moneys required to accomplish such refunding; and
(b) the period or periods of probable usefulness for bonds provided
that refunding bonds issued by the town shall not be limited to the
period of probable usefulness at the time of the issuance of the bonds
to be refunded. A statement of period or periods of probable usefulness
may include an extension of such period of time as authorized by this
act.
S 3. Notwithstanding the thirty year period of probable usefulness
contained in subdivision 21 of paragraph a of section 11.00 of the local
finance law, the period of probable usefulness for the acquisition of
land or permanent rights on land and the financing of such acquisition
pursuant to section 64-e of the town law prior to the effective date of
this act shall be fifty years provided that the resolution is adopted in
compliance with this act, and provided further that such fifty year term
shall only apply to bonds referenced in section one of this act.
S 4. No further indebtedness by the town shall be authorized for the
acquisition of land or permanent rights on land pursuant to section 64-e
of the town law so long as any repayment obligations exist for refunding
bonds issued pursuant to the provisions of this act.
S 5. This act shall take effect immediately.
PART GG
S. 6406--C 73 A. 9006--C
Section 1. Section 8 of the volunteer firefighters' benefit law, as
amended by chapter 574 of the laws of 1998, is amended to read as
follows:
S 8. Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer firefighter shall be paid
four hundred dollars for each week during the continuance thereof.
Permanent total disability, within the meaning of this section, shall
exist only if the earning capacity of the volunteer firefighter has been
lost permanently and totally as the result of the injury. The loss of
both hands, or both arms, or both feet, or both legs, or both eyes, or
any two thereof, shall, in the absence of conclusive proof to the
contrary, constitute permanent total disability, but in all other cases
permanent total disability shall be determined in accordance with the
facts. Notwithstanding any other provisions of this chapter, an injured
volunteer firefighter disabled due to the loss or total loss of use of
both eyes, or both hands, or both arms, or both feet, or both legs, or
any two thereof shall not suffer any diminution of such weekly benefit
by engaging in business or employment provided his or her weekly earn-
ings or wages, when combined with his or her weekly benefit shall not be
in excess of [six] EIGHT hundred dollars; and further provided that the
application of this section shall not result in reduction of benefits
which an injured volunteer firefighter who is disabled due to the loss
or total loss of use of both eyes, or both hands, or both arms, or both
feet, or both legs, or any two thereof would otherwise be entitled to
under any other provisions of this article.
S 2. This act shall take effect July 1, 2016.
PART HH
Section 1. Paragraph (f) of subdivision 2 of section 14-l of the
transportation law, as amended by section 1 of part V of chapter 58 of
the laws of 2013, is amended to read as follows:
(f) No grant or loan to any eligible applicant shall exceed the sum of
one million FIVE HUNDRED THOUSAND dollars, and no part of any such grant
or loan shall be used for salaries or for services regularly provided by
the applicant for administrative costs in connection with such grant or
loan.
S 2. This act shall take effect immediately.
PART II
Section 1. Part C of chapter 58 of the laws of 2005 authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and administration
thereof is amended by adding a new section 6-a to read as follows:
S 6-A. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER OF HEALTH IS AUTHORIZED TO ESTABLISH A STATEWIDE MEDICAID
INTEGRITY AND EFFICIENCY INITIATIVE FOR THE PURPOSE OF ACHIEVING NEW
AUDIT RECOVERIES, EFFICIENCIES IN THE ADMINISTRATION OF THE MEDICAL
ASSISTANCE PROGRAM AND OTHER COST AVOIDANCE MEASURES THROUGH COLLAB-
ORATION WITH SOCIAL SERVICES DISTRICTS THROUGHOUT THE STATE. THE COMMIS-
SIONER MAY ESTABLISH A TARGET AMOUNT OF SUCH RECOVERIES AND EFFICIENCIES
FOR DISTRICTS THAT ELECT TO PARTICIPATE IN THE INITIATIVE.
2. ON OR AFTER APRIL 1 OF EACH YEAR, SOCIAL SERVICES DISTRICTS THAT
ELECT TO PARTICIPATE SHALL SUBMIT A PLAN FOR ACHIEVING AUDIT RECOVERIES
AND EFFICIENCIES IN THE ADMINISTRATION OF THE MEDICAL ASSISTANCE PROGRAM
S. 6406--C 74 A. 9006--C
TO THE DEPARTMENT OF HEALTH FOR REVIEW AND APPROVAL PRIOR TO IMPLEMENTA-
TION. DISTRICTS ARE ENCOURAGED TO SOLICIT LOCAL STAKEHOLDER INPUT IN
FORMULATING SUCH PLANS.
3. AUDIT RECOVERIES AND EFFICIENCIES IN THE ADMINISTRATION OF THE
MEDICAL ASSISTANCE PROGRAM ACHIEVED UNDER A PLAN APPROVED PURSUANT TO
THIS SECTION MUST BE VALIDATED BY THE DEPARTMENT OF HEALTH IN CONSULTA-
TION WITH THE OFFICE OF THE MEDICAID INSPECTOR GENERAL, AND MUST RESULT
FROM DISTRICT ACTIVITIES SPECIFIED IN THE PLAN, AND MUST NOT REFLECT THE
IMPACTS OF FEDERAL ENHANCEMENTS OR CURRENT OR FUTURE LEGAL SETTLEMENTS
UNRELATED TO ACTIVITIES UNDER THE PLAN. EFFICIENCIES DERIVED FROM
ACTIONS THAT ARE TAKEN TO MAXIMIZE OR ENHANCE PREEXISTING LOCAL COST
CONTAINMENT INITIATIVES MAY BE INCLUDED AMONG THE CALCULATION OF TARGETS
OUTLINED IN THE PLAN, SO LONG AS SUCH EFFICIENCIES WERE NOT PREVIOUSLY
ASSUMED.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed two years after it shall have become a law.
PART JJ
Section 1. Subdivision 1 of section 92 of part H of chapter 59 of the
laws of 2011, amending the public health law and other laws relating to
known and projected department of health state fund Medicaid expendi-
tures, as amended by section 8 of part B of chapter 57 of the laws of
2015, is amended to read as follows:
1. For state fiscal years 2011-12 through 2016-17, the director of the
budget, in consultation with the commissioner of health referenced as
"commissioner" for purposes of this section, shall assess on a monthly
basis, as reflected in monthly reports pursuant to subdivision five of
this section known and projected department of health state funds medi-
caid expenditures by category of service and by geographic regions, as
defined by the commissioner, and if the director of the budget deter-
mines that such expenditures are expected to cause medicaid disburse-
ments for such period to exceed the projected department of health medi-
caid state funds disbursements in the enacted budget financial plan
pursuant to subdivision 3 of section 23 of the state finance law, the
commissioner of health, in consultation with the director of the budget,
shall develop a medicaid savings allocation plan to limit such spending
to the aggregate limit level specified in the enacted budget financial
plan, provided, however, such projections may be adjusted by the direc-
tor of the budget to account for any changes in the New York state
federal medical assistance percentage amount established pursuant to the
federal social security act, changes in provider revenues, reductions to
local social services district medical assistance administration, MINI-
MUM WAGE INCREASES, and beginning April 1, 2012 the operational costs of
the New York state medical indemnity fund and state costs or savings
from the basic health plan. Such projections may be adjusted by the
director of the budget to account for increased or expedited department
of health state funds medicaid expenditures as a result of a natural or
other type of disaster, including a governmental declaration of emergen-
cy.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART KK
S. 6406--C 75 A. 9006--C
Section 1. Subdivision d of section 14-150 of the administrative code
of the city of New York, as added by chapter 565 of the laws of 2015, is
amended to read as follows:
d. The New York city police department shall submit to the city coun-
cil, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE STATE SENATE AND THE
SPEAKER OF THE STATE ASSEMBLY annually a report detailing the total
number of criminal complaints and arrests, categorized by class of
crime, for violent felony offenses as defined in section 70.02 of the
penal law, assault and related offenses as defined in article one
hundred twenty of the penal law, sex offenses as defined in article one
hundred thirty of the penal law, disorderly conduct as defined in
section 240.20 of the penal law, harassment as defined in section 240.25
and 240.26 of the penal law, aggravated harassment as defined in section
240.30 and 240.31 of the penal law, and offenses against public sensi-
bilities as defined in article two hundred forty-five of the penal law,
where the conduct occurs on subway lines and bus routes operated by the
New York city transit authority or the Staten Island rapid transit oper-
ating authority, specifying where such criminal conduct has occurred by
police precinct, including specific subway line, subway transit divi-
sion, and bus route operated by the New York city transit authority or
the Staten Island rapid transit operating authority. Such report shall
contain a separate tabulation for employees of the authority, passengers
and other non-employees. SUCH REPORT SHALL SPECIFY WHICH BUS ROUTES HAD
THE GREATEST NUMBER OF CRIMINAL COMPLAINTS AND ARRESTS. Such statistics
shall be tabulated on a monthly basis and on an annual basis and shall
be maintained and transmitted in an electronic format to the department
of records and information services, or its successor agency, and be
made available to the public on or through the department of records and
information services' website, or its successor's website. Such statis-
tics shall be first made available on such website ninety days after the
effective date of this subdivision and shall be updated on at least a
monthly basis thereafter.
S 2. This act shall take effect immediately.
PART LL
Section 1. The state finance law is amended by adding a new section
99-y to read as follows:
S 99-Y. HEALTH REPUBLIC INSURANCE OF NEW YORK FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE SUPER-
INTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES A SPECIAL FUND TO BE
KNOWN AS THE "HEALTH REPUBLIC INSURANCE OF NEW YORK FUND".
2. (A) SUCH FUND SHALL CONSIST OF TRANSFERS AS AUTHORIZED BY THE
DIRECTOR OF THE BUDGET, IN HIS OR HER SOLE DISCRETION, BETWEEN APRIL
FIRST, TWO THOUSAND SIXTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND NINE-
TEEN, FROM AMOUNTS COLLECTED AS A RESULT OF A JUDGEMENT, STIPULATION,
DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL
INSTRUMENT RESOLVING ANY CLAIM OR CAUSE OF ACTION, WHETHER FILED OR
UNFILED, ACTUAL OR POTENTIAL, AND WHETHER ARISING UNDER COMMON LAW,
EQUITY, OR ANY PROVISION OF LAW, AND ALL OTHER MONIES APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW.
(B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO: (I) MONEYS
TO BE DISTRIBUTED TO THE FEDERAL GOVERNMENT, TO A LOCAL GOVERNMENT, OR
TO ANY HOLDER OF A BOND OR OTHER DEBT INSTRUMENT ISSUED BY THE STATE,
ANY PUBLIC AUTHORITY, OR ANY PUBLIC BENEFIT CORPORATION; (II) MONEYS TO
S. 6406--C 76 A. 9006--C
BE DISTRIBUTED SOLELY OR EXCLUSIVELY AS A PAYMENT OF DAMAGES OR RESTITU-
TION TO INDIVIDUALS OR ENTITIES THAT WERE SPECIFICALLY INJURED OR HARMED
BY THE DEFENDANT'S OR SETTLING PARTY'S CONDUCT AND THAT ARE IDENTIFIED
IN, OR CAN BE IDENTIFIED BY THE TERMS OF, THE RELEVANT JUDGMENT, AGREE-
MENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR RELEVANT INSTRUMENT
RESOLVING THE CLAIM OR CAUSE OF ACTION; (III) MONEYS RECOVERED OR
OBTAINED BY A STATE AGENCY OR A STATE OFFICIAL OR EMPLOYEE ACTING IN
THEIR OFFICIAL CAPACITY WHERE APPLICATION OF PARAGRAPH (A) OF THIS
SUBDIVISION IS PROHIBITED BY FEDERAL LAW, RULE, OR REGULATION, OR WOULD
RESULT IN THE REDUCTION OR LOSS OF FEDERAL FUNDS OR ELIGIBILITY FOR
FEDERAL BENEFITS PURSUANT TO FEDERAL LAW, RULE, OR REGULATION; (IV)
MONEYS RECOVERED OR OBTAINED BY OR ON BEHALF OF A PUBLIC AUTHORITY, A
PUBLIC BENEFIT CORPORATION, THE DEPARTMENT OF TAXATION AND FINANCE, THE
WORKERS' COMPENSATION BOARD, THE NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION, THE TOBACCO SETTLEMENT FINANCING CORPORATION, A
STATE OR LOCAL RETIREMENT SYSTEM, AN EMPLOYEE HEALTH BENEFIT PROGRAM
ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, THE
TITLE IV-D CHILD SUPPORT FUND, THE LOTTERY PRIZE FUND, THE ABANDONED
PROPERTY FUND, OR AN ENDOWMENT OF THE STATE UNIVERSITY OF NEW YORK OR
ANY UNIT THEREOF OR ANY STATE AGENCY, PROVIDED THAT ALL OF THE MONEYS
RECEIVED OR RECOVERED ARE IMMEDIATELY TRANSFERRED TO THE RELEVANT PUBLIC
AUTHORITY, PUBLIC BENEFIT CORPORATION, DEPARTMENT, FUND, PROGRAM, OR
ENDOWMENT; (V) MONEYS TO BE REFUNDED TO AN INDIVIDUAL OR ENTITY AS (1)
AN OVERPAYMENT OF A TAX, FINE, PENALTY, FEE, INSURANCE PREMIUM, LOAN
PAYMENT, CHARGE OR SURCHARGE; (2) A RETURN OF SEIZED ASSETS; OR (3) A
PAYMENT MADE IN ERROR; AND (VI) MONEYS TO BE USED TO PREVENT, ABATE,
RESTORE, MITIGATE, OR CONTROL ANY IDENTIFIABLE INSTANCE OF PRIOR OR
ONGOING WATER, LAND OR AIR POLLUTION.
3. MONIES SHALL BE PAID OUT OF THIS FUND AT THE DISCRETION OF THE
SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES ONLY PURSUANT TO
APPROPRIATION AND THE TERMS TO BE SET FORTH IN A FUTURE CHAPTER OF LAW.
4. MONIES SHALL BE PAID OUT OF THIS FUND ONLY AFTER THE DISTRIBUTION
OF ALL ASSETS IN CONNECTION WITH A LIQUIDATION PROCEEDING OF HEALTH
REPUBLIC INSURANCE OF NEW YORK FILED PURSUANT TO ARTICLE SEVENTY-FOUR OF
THE INSURANCE LAW HAS BEEN COMPLETED.
5. MONIES SHALL BE PAID OUT OF THIS FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE SUPER-
INTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES.
S 2. This act shall take effect immediately.
PART MM
Section 1. Notwithstanding any law to the contrary, the responsibil-
ities, duties and functions, pursuant to subdivision 2 of section 70 of
the civil service law, of the intelligence and analysis unit of the
office of counterterrorism within the division of homeland security and
emergency services shall be transferred to the division of state police.
S 2. Paragraphs (f) and (g) of subdivision 2 of section 709 of the
executive law, as amended by section 14 of part B of chapter 56 of the
laws of 2010, are amended to read as follows:
(f) coordinate state resources for the collection and analysis of
information relating to [terrorist threats and terrorist activities and
other] natural and man-made disasters throughout the state subject to
any applicable laws, rules, or regulations;
(g) coordinate and facilitate information sharing among local, state,
and federal [law enforcement] agencies to ensure appropriate intelli-
S. 6406--C 77 A. 9006--C
gence to assist in the early identification of and response to [poten-
tial terrorist activities and other] natural and man-made disasters,
subject to any applicable laws, rules, or regulations governing the
release, disclosure or sharing of any such information;
S 3. Section 709-a of the executive law, as added by section 15-a of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
S 709-a. Office of counterterrorism. The office of counterterrorism
shall develop and analyze the state's policies, protocols and strategies
relating to the prevention and detection of terrorist acts and terrorist
threats. The office shall also be responsible for [the collection, anal-
ysis and sharing of information relating to terrorist threats and
terrorist activities throughout the state;] coordinating strategies,
protocols and first responder equipment needs to detect a biological,
chemical or radiological terrorist act or threat; working with private
entities and local, state and federal agencies to conduct assessments of
the vulnerability of critical infrastructure to terrorist attack; and
consulting with appropriate state and local governments and private
entities to facilitate and foster cooperation to better prepare the
state to prevent and detect threats and acts of terrorism.
S 3-a. Section 223 of the executive law, as amended by chapter 428 of
the laws of 1999, is amended to read as follows:
S 223. Duties and powers of the superintendent of state police and of
members of the state police. 1. It shall be the duty of the superinten-
dent of the state police and of members of the state police to prevent
and detect crime and apprehend criminals. They shall also be subject to
the call of the governor and are empowered to co-operate with any other
department of the state or with local authorities. THEY SHALL ALSO
COLLECT AND ANALYZE INFORMATION RELATING TO PREVENTION AND DETECTION OF
TERRORIST THREATS AND TERRORIST ACTIVITIES THROUGHOUT THE STATE AND
SHARE ALL SUCH INFORMATION SUBJECT TO PARAGRAPH (G) OF SUBDIVISION TWO
OF SECTION SEVEN HUNDRED NINE OF THIS CHAPTER AMONG THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES, AND LOCAL, STATE, AND FEDERAL
LAW ENFORCEMENT AGENCIES TO ENSURE THE COORDINATION OF APPROPRIATE
INTELLIGENCE TO ASSIST IN THE EARLY IDENTIFICATION OF AND RESPONSE TO
POTENTIAL TERRORIST THREATS AND TERRORIST ACTIVITIES. They shall have
power to arrest, without a warrant, any person committing or attempting
to commit within their presence or view a breach of the peace or other
violation of law, to serve and execute warrants of arrest or search
issued by proper authority and to exercise all other powers of police
officers of the state of New York. Any such warrants issued by any
magistrate of the state may be executed by them in any part of the state
according to the tenor thereof without indorsement. But they shall not
exercise their powers within the limits of any city to suppress rioting
and disorder except by direction of the governor or upon the request of
the mayor of the city with the approval of the governor. Any member of
the rank of sergeant or above may take pre-arraignment bail from any
defendant in the amounts and under the circumstances and conditions that
police may take bail.
2. The superintendent may, by written order, designate a police offi-
cer, as defined in paragraph (b), (c) or (d) of subdivision thirty-four
of section 1.20 of the criminal procedure law, to assist members of the
state police in order to more effectively address the detection of crime
and apprehension of criminals within the state and its localities.
Police officers so designated, while actively working in conjunction
with members of the state police either directly or as part of a specif-
ic task force, shall be paid by and remain employees of their particular
S. 6406--C 78 A. 9006--C
county, city, town or village, but shall for purposes of the criminal
procedure law, have their geographic area of employment deemed to be New
York state.
S 3-b. Section 223 of the executive law, as amended by chapter 843 of
the laws of 1980, is amended to read as follows:
S 223. Duties and powers of the superintendent of state police and of
members of the state police. It shall be the duty of the superintendent
of the state police and of members of the state police to prevent and
detect crime and apprehend criminals. They shall also be subject to the
call of the governor and are empowered to co-operate with any other
department of the state or with local authorities. THEY SHALL ALSO
COLLECT AND ANALYZE INFORMATION RELATING TO PREVENTION AND DETECTION OF
TERRORIST THREATS AND TERRORIST ACTIVITIES THROUGHOUT THE STATE AND
SHARE ALL SUCH INFORMATION SUBJECT TO PARAGRAPH (G) OF SUBDIVISION TWO
OF SECTION SEVEN HUNDRED NINE OF THIS CHAPTER AMONG THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES AND LOCAL, STATE, AND FEDERAL
LAW ENFORCEMENT AGENCIES TO ENSURE THE COORDINATION OF APPROPRIATE
INTELLIGENCE TO ASSIST IN THE EARLY IDENTIFICATION OF AND RESPONSE TO
POTENTIAL TERRORIST THREATS AND TERRORIST ACTIVITIES. They shall have
power to arrest, without a warrant, any person committing or attempting
to commit within their presence or view a breach of the peace or other
violation of law, to serve and execute warrants of arrest or search
issued by proper authority and to exercise all other powers of police
officers of the state of New York. Any such warrants issued by any
magistrate of the state may be executed by them in any part of the state
according to the tenor thereof without indorsement. But they shall not
exercise their powers within the limits of any city to suppress rioting
and disorder except by direction of the governor or upon the request of
the mayor of the city with the approval of the governor. Any member of
the rank of sergeant or above may take pre-arraignment bail from any
defendant in the amounts and under the circumstances and conditions that
police may take bail.
S 4. 1. Transfer of records. Upon the transfer of functions, pursuant
to section one of this act, the division of homeland security and emer-
gency services shall deliver to the division of state police, all perti-
nent books, papers, records and property.
2. Existing rights and remedies preserved. No existing right or remedy
of any character shall be lost, impaired or affected by reason of this
act.
3. Pending actions and proceedings. No action or proceeding pending at
the time when this act shall take effect, brought by or against the
division of homeland security and emergency services relating to the
function, power or duty transferred to or devolved upon the division of
state police shall be affected by this act, but the same may be prose-
cuted or defended in the name of the division of state police and upon
the application to the court, the division of state police shall be
substituted as a party.
4. Completion of unfinished business. Any business or other matter
undertaken or commenced by the division of homeland security and emer-
gency services pertaining to or connected with the functions, powers,
obligations and duties transferred and assigned to the division of state
police, pending on the effective date of this act, may be conducted and
completed by the division of state police in the same manner and under
the same terms and conditions and with the same effect as if conducted
and completed by the division of homeland security and emergency
services.
S. 6406--C 79 A. 9006--C
S 5. This act shall take effect immediately; provided, however, that
the amendments to section 223 of the executive law made by section
three-a of this act shall be subject to the expiration and reversion of
such section pursuant to section 3 of chapter 428 of the laws of 1999,
as amended, when upon such date the provisions of section three-b of
this act shall take effect.
PART NN
Section 1. This act commits the state of New York (state) and the city
of New York (city) to fund, over a multi-year period, $10,828,000,000 in
capital costs related to projects contained in the Metropolitan Trans-
portation Authority (MTA) 2015-2019 capital program (capital program).
The state share of $8,336,000,000 shall consist of $1,000,000,000 in
appropriations first enacted in the 2015-2016 state budget and addi-
tional funds sufficient for Metropolitan Transportation Authority (MTA)
to pay $7,336,000,000 of capital costs as provided herein. The city
share of $2,492,000,000 shall consist of $657,000,000 to be provided by
the city from 2015 through 2019, and additional funds sufficient for MTA
to pay $1,835,000,000 of capital costs for the capital program. The
$7,336,000,000 of additional funds to be provided by the state may be
used by the MTA to pay direct capital costs and/or the state may fund
such $7,336,000,000 of capital costs through financing mechanisms under-
taken by the MTA. Unless extraordinary circumstances justify otherwise,
it is intended that the additional funds committed by the state and city
shall be provided concurrently, and in proportion to the respective
shares of each, in accordance with the funding needs of the capital
program.
S 2. (a) The additional funds provided by the state pursuant to
section one of this act shall be scheduled and made available to pay for
the costs of the capital program after MTA capital resources planned for
the capital program, not including additional city and state funds, have
been exhausted, or when MTA capital resources planned for the capital
program are not available. It is anticipated that state funds shall be
required by, and provided to, the MTA in an amount to support
$1,500,000,000 of capital costs in the first year in which planned MTA
capital resources are exhausted; $2,600,000,000 in the second year;
$1,840,000,000 in the third year and $1,396,000,000 in the fourth year
or thereafter.
(b) Such funds may be provided to the MTA through direct payments from
the state and/or financing mechanisms undertaken by the MTA utilizing
aid paid by the state on a schedule sufficient to support the capital
costs outlined in this act. The director of the budget (director) shall
annually determine the level of funding required to meet the state's
commitment and recommend such amounts for inclusion in the executive
budget. In making such determination, the director shall consider the
availability of MTA capital resources planned for the capital program,
the current progress and timing of the MTA capital program, the financ-
ing mechanisms employed by the MTA, if any, and any other pertinent
factors.
(c) State funding amounts, whether direct or in support of a financing
mechanism undertaken by the MTA, shall be subject to appropriation with-
in applicable annual state budgets; provided, however, that in the event
the state does not appropriate the full amount of the funding required
pursuant to this act in any year, such action shall not reduce the
commitment of the state to fund the full state share specified in
S. 6406--C 80 A. 9006--C
section one of this act, with the state fulfilling its aggregate commit-
ment in this act no later than state fiscal year 2025-2026 or by the
completion of the capital program. In the event that the MTA has
exhausted all currently available sources of funding, the MTA may, with
the approval of the director, issue anticipation notes or other obli-
gations secured solely by the additional funds specified in subdivision
(a) of this section and shall provide for capitalized interest thereon.
(d) No funds dedicated for operating assistance of the MTA shall be
used to reduce or supplant the commitment of the state to provide
$7,336,000,000 pursuant to section one of this act.
S 3. In order to annually determine the adequacy and pace of the level
of state funding in support of the MTA's capital program, and to gauge
the availability of MTA capital resources planned for the capital
program, the director may request, and the MTA shall provide, periodic
reports on the MTA's capital programs and financial activities in a form
and on a schedule prescribed by the director.
S 4. Subdivision 12 of section 1269 of the public authorities law, as
amended by section 1 of part E of chapter 58 of the laws of 2012, is
amended to read as follows:
12. The aggregate principal amount of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to section twelve hundred sixty-
nine-b of this title for the period nineteen hundred ninety-two through
two thousand [fourteen] NINETEEN shall not exceed [thirty-seven] FIFTY-
FIVE billion [two hundred eleven] FOUR HUNDRED NINETY-SEVEN million
dollars [prior to January one, two thousand thirteen; shall not exceed
thirty-nine billion five hundred forty-four million prior to January
one, two thousand fourteen; and shall not exceed forty-one billion eight
hundred seventy-seven million dollars thereafter]. Such aggregate prin-
cipal amount of bonds, notes or other obligations or the expenditure
thereof shall not be subject to any limitation contained in any other
provision of law on the principal amount of bonds, notes or other obli-
gations or the expenditure thereof applicable to the authority, the
Triborough bridge and tunnel authority or the New York city transit
authority. The aggregate limitation established by this subdivision
shall not include (i) obligations issued to refund, redeem or otherwise
repay, including by purchase or tender, obligations theretofore issued
either by the issuer of such refunding obligations or by the authority,
the New York city transit authority or the Triborough bridge and tunnel
authority, (ii) obligations issued to fund any debt service or other
reserve funds for such obligations, (iii) obligations issued or incurred
to fund the costs of issuance, the payment of amounts required under
bond and note facilities, federal or other governmental loans, security
or credit arrangements or other agreements related thereto and the
payment of other financing, ORIGINAL ISSUE PREMIUMS and related costs
associated with such obligations, (iv) an amount equal to any original
issue discount from the principal amount of such obligations or to fund
capitalized interest, (v) obligations incurred pursuant to section
twelve hundred seven-m of this article, (vi) obligations incurred to
fund the acquisition of certain buses for the New York city transit
authority as identified in a capital program plan approved pursuant to
chapter fifty-three of the laws of nineteen hundred ninety-two, (vii)
obligations incurred in connection with the leasing, selling or trans-
ferring of equipment, and (viii) bond anticipation notes or other obli-
S. 6406--C 81 A. 9006--C
gations payable solely from the proceeds of other bonds, notes or other
obligations which would be included in the aggregate principal amount
specified in the first sentence of this subdivision, whether or not
additionally secured by revenues of the authority, or any of its subsid-
iary corporations, New York city transit authority, or any of its
subsidiary corporations, or Triborough bridge and tunnel authority.
S 5. This act commits the state to obligate at least $25,150,000,000
in funding for the department of transportation (DOT) capital plan over
a multi-year period. This commitment shall consist of $3,763,341,000 in
obligations for fiscal year 2016, at least $17,402,562,000 in obli-
gations over the course of the remaining four years of the fiscal years
2016-2020 DOT capital plan, and at least $3,985,042,000 in obligations
in fiscal year 2021. All such obligations shall be subject to annual
appropriation and approval by the director of the budget.
S 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART OO
Section 1. Subdivision 7 of section 1209 of the public authorities
law, as amended by chapter 334 of the laws of 2001, is amended to read
as follows:
7. (a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all
contracts for public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the
authority to the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. The aforesaid shall not apply to
contracts for personal, architectural, engineering or other professional
services. The authority may reject all bids and obtain new bids in the
manner provided by this section when it is deemed in the public interest
to do so or, in cases where two or more responsible bidders submit iden-
tical bids which are the lowest bids, award the contract to any of such
bidders or obtain new bids from such bidders. Nothing herein shall obli-
gate the authority to seek new bids after the rejection of bids or after
cancellation of an invitation to bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs of the item to be purchased, discounts, and
inspection services so long as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings. Life
cycle costs may include but shall not be limited to costs or savings
associated with installation, energy use, maintenance, operation and
salvage or disposal.
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided that (I) a contract for [personal] services in the actual or
estimated amount of less than [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority regardless of
the length of the period over which the services are rendered, and
provided further that a contract for [personal] services in the actual
or estimated amount of [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless of the
length of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING
S. 6406--C 82 A. 9006--C
SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS
CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL
BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A
FORMAL COMPETITIVE PROCESS.
S 2. Intentionally omitted.
S 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g of subdivision 9 of section 1209 of the public authorities law,
subparagraph (i) of paragraph f as added by chapter 929 of the laws of
1986, and subparagraph (i) of paragraph g as amended by chapter 725 of
the laws of 1993, are amended to read as follows:
(i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a
contract pursuant to this paragraph only after a resolution approved by
a two-thirds vote of its members then in office at a public meeting of
the authority with such resolution (A) disclosing the other proposers
and the substance of their proposals, (B) summarizing the negotiation
process including the opportunities, if any, available to proposers to
present and modify their proposals, and (C) setting forth the criteria
upon which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF
THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE SUCH A
RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS.
(i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a
contract pursuant to this paragraph only after a resolution approved by
a vote of not less than two-thirds of its members then in office at a
public meeting of the authority with such resolution (A) disclosing the
other proposers and the substance of their proposals, (B) summarizing
the negotiation process including the opportunities, if any, available
to proposers to present and modify their proposals, and (C) setting
forth the criteria upon which the selection was made PROVIDED HOWEVER
THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION,
REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE
HUNDRED MILLION DOLLARS OR LESS.
S 4. Subdivision 13 of section 1209 of the public authorities law is
renumbered subdivision 14 and a new subdivision 13 is added to read as
follows:
13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI-
TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE
OF GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER
THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS
BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCE-
DURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
S 5. Subdivision 7 of section 1265 of the public authorities law, as
added by chapter 324 of the laws of 1965, is amended to read as follows:
S. 6406--C 83 A. 9006--C
7. To acquire, hold and dispose of real or personal property in the
exercise of its powers[;], INCLUDING, THE POWER TO DISPOSE OF PERSONAL
PROPERTY WITH A VALUE OF FIVE HUNDRED THOUSAND DOLLARS OR LESS BY PUBLIC
AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY PURSUANT
TO TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER. THE BOARD SHALL ADOPT
GUIDELINES THAT SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS
AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
S 6. Subdivision 3 of section 1204 of the public authorities law, as
amended by chapter 980 of the laws of 1958, is amended to read as
follows:
3. To acquire, hold, use and dispose of equipment, devices and
appurtenances, and other property for its corporate purposes, INCLUDING,
THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A VALUE OF FIVE HUNDRED
THOUSAND DOLLARS OR LESS BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES
ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE AND TITLE FIVE-A OF ARTICLE
NINE OF THIS CHAPTER.
S 7. Subdivision 3 of section 553 of the public authorities law is
amended to read as follows:
3. To acquire, hold and dispose of personal property for its corporate
purposes[;], INCLUDING, THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A
VALUE OF FIVE HUNDRED THOUSAND DOLLARS OR LESS BY PUBLIC AUCTION IN
ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY PURSUANT TO TITLE
FIVE-A OF ARTICLE NINE OF THIS CHAPTER. THE BOARD SHALL ADOPT GUIDE-
LINES THAT SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS
THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
S 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
public authorities law, as amended by chapter 334 of the laws of 2001,
are amended to read as follows:
(a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all
contracts for public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the
authority to the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. For purposes hereof, contracts for
public work shall exclude contracts for personal, engineering and archi-
tectural, or professional services. The authority may reject all bids
and obtain new bids in the manner provided by this section when it is
deemed in the public interest to do so or, in cases where two or more
responsible bidders submit identical bids which are the lowest bids,
award the contract to any of such bidders or obtain new bids from such
bidders. Nothing herein shall obligate the authority to seek new bids
after the rejection of bids or after cancellation of an invitation to
bid. Nothing in this section shall prohibit the evaluation of bids on
the basis of costs or savings including life cycle costs of the item to
be purchased, discounts, and inspection services so long as the invita-
tion to bid reasonably sets forth the criteria to be used in evaluating
such costs or savings. Life cycle costs may include but shall not be
limited to costs or savings associated with installation, energy use,
maintenance, operation and salvage or disposal.
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided (I) that a contract for [personal] services in the actual or
estimated amount of less than [twenty] ONE HUNDRED thousand dollars
S. 6406--C 84 A. 9006--C
shall not require approval by the board of the authority regardless of
the length of the period over which the services are rendered, and
provided further that a contract for [personal] services in the actual
or estimated amount of [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless of the
length of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING
SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS
CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL
BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A
FORMAL COMPETITIVE PROCESS.
S 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g of subdivision 4 of section 1265-a of the public authorities law,
subparagraph (i) of paragraph f as added by chapter 929 of the laws of
1986, and subparagraph (i) of paragraph g as amended by chapter 256 of
the laws of 1998, are amended to read as follows:
(i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a
contract pursuant to this paragraph only after a resolution approved by
a two-thirds vote of its members then in office at a public meeting of
the authority with such resolution (A) disclosing the other proposers
and the substance of their proposals, (B) summarizing the negotiation
process including the opportunities, if any, available to proposers to
present and modify their proposals, and (C) setting forth the criteria
upon which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF
THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE SUCH A
RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS.
(i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a
contract pursuant to this paragraph only after a resolution approved by
a vote of not less than a two-thirds vote of its members then in office
at a public meeting of the authority with such resolution (A) disclosing
the other proposers and the substance of their proposals, (B) summariz-
ing the negotiation process including the opportunities, if any, avail-
able to proposers to present and modify their proposals, and (C) setting
forth the criteria upon which the selection was made PROVIDED HOWEVER
THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION,
REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE
HUNDRED MILLION DOLLARS OR LESS.
S 10. Intentionally omitted.
S 11. Subdivision 8 of section 1265-a of the public authorities law is
renumbered subdivision 9 and a new subdivision 8 is added to read as
follows:
8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF
GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR
S. 6406--C 85 A. 9006--C
BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE
THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL
NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT
HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
S 12. Section 553 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
22. SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND,
IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
PROVIDED THAT (I) A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED
AMOUNT OF LESS THAN ONE HUNDRED THOUSAND DOLLARS SHALL NOT REQUIRE
APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE
PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A
CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL BY THE BOARD OF THE
AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES
ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE
BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY
MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS
TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES
CERTIFIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI-
CLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY
THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH-
OUT FURTHER BOARD APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT
GUIDELINES WHICH SHALL BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF
SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS.
S 13. Intentionally omitted.
S 14. Intentionally omitted.
S 15. This act shall take effect immediately, and shall expire and be
deemed repealed April 1, 2021.
PART PP
Section 1. Section 1261 of the public authorities law is amended by
adding a new subdivision 18-a to read as follows:
18-A. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY OR
INDIRECTLY SUPPORTS ALL OR ANY OF THE MISSIONS OR PURPOSES OF THE
AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR
ITS SUBSIDIARY, INCLUDING THE REALIZATION OF REVENUES AVAILABLE FOR THE
COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES.
S 2. Subdivision 1 of section 119-r of the general municipal law, as
added by chapter 717 of the laws of 1967, is amended to read as follows:
1. To assure the provision of mass transportation services to the
public at adequate levels and at reasonable cost, every city, town,
village or county not wholly contained within a city, shall have power
to adopt local laws to authorize:
a. The acquisition, construction, reconstruction, improvement, equip-
ment, maintenance, FINANCING SUBJECT TO THE PROVISIONS OF PARAGRAPH F OF
THIS SUBDIVISION, or operation of one or more mass transportation
projects. Such municipal corporation shall have power to occupy or use
any of the streets, roads, highways, avenues, parks or public places of
such municipal corporation therefor and to agree upon and contract for
the terms and conditions thereof.
S. 6406--C 86 A. 9006--C
b. The making of a contract or contracts for the acquisition by
purchase of all or any part of the property, plant and equipment of an
existing mass transportation facility actually used and useful for the
convenience of the public.
c. The making of a contract or contracts with any person, firm or
corporation, including a public authority, for the equipment, mainte-
nance or operation of a mass transportation facility owned, acquired,
constructed, reconstructed or improved by it.
d. The making of a contract or contracts for a fair and reasonable
consideration for mass transportation services to be rendered to the
public by a privately-owned or operated mass transportation facility.
Such power shall include but not be limited to the power to appropriate
funds for payment of such consideration, and to provide that all or part
of such consideration shall be in the form of capital equipment to be
furnished to and used and maintained by such privately-owned or operated
mass transportation facility.
e. The making of unconditional grants of money or property to a public
authority providing mass transportation services to all or part of such
municipal corporation in order to assist such public authority in meet-
ing its capital or operating expenses, provided such money does not
consist of borrowed funds and such property has not been acquired by the
use of borrowed funds. Such purpose is hereby declared to be county,
city, town or village purposes, respectively. The provisions of this
paragraph are intended as enabling legislation only and shall not be
interpreted as implying that absent their enactment a municipal corpo-
ration would lack the power to authorize any such grant; but they shall
not be interpreted as an authorization to public authorities generally
to accept such grants. The acceptance of any such grant by a public
authority shall not operate to make such authority an agency of the
municipal corporation making the grant.
F. THE MAKING OF A CONTRACT WITH THE METROPOLITAN TRANSPORTATION
AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER MUNICIPAL CORPORATIONS TO
ASSIST THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES IN
PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL OR PART OF SUCH
MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANSPORTATION CAPI-
TAL PROJECT IN OR NEAR THE MUNICIPAL CORPORATION. SUCH A MUNICIPAL
CORPORATION MAY, ACCORDING TO THE TERMS OF THE CONTRACT WITH THE AUTHOR-
ITY, ESTABLISH, LEVY AND COLLECT TAXES, ASSESSMENTS, AND/OR CHARGES AND
MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION OF ITS
REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION. SUCH
MUNICIPAL CORPORATION MAY DESIGNATE MASS TRANSPORTATION CAPITAL PROJECT
DISTRICTS THAT A MUNICIPAL CORPORATION FINDS, AFTER CONDUCTING A PUBLIC
HEARING, WILL BENEFIT FROM AN IDENTIFIED MASS TRANSPORTATION CAPITAL
PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICIPAL CORPORATION MAY
ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT ACCORDING TO TERMS
IT DESIGNS OR HAS AGREED TO BY CONTRACT. THE MUNICIPAL CORPORATION MAY,
IN ALLOCATING AND COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE
OR MORE METHODS TO CAPTURE THE VALUE CREATED BY A MASS TRANSPORTATION
CAPITAL PROJECT, INCLUDING, BUT NOT LIMITED TO:
(I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF
PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE TIME PRIOR
TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT;
(II) A SPECIAL TRANSPORTATION ASSESSMENT IMPOSED UPON BENEFITED REAL
PROPERTY IN PROPORTION TO THE BENEFIT RECEIVED BY SUCH PROPERTY FROM A
MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX;
S. 6406--C 87 A. 9006--C
(III) LAND VALUE TAXATION, MEANING THE ALLOCATION OF AN INCREMENT OF
TAX REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE
LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED IN SUBDIVISION
TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; AND
(IV) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVEN-
UES THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO USE, PROVIDED THAT
THE TOTAL AMOUNT OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES
LEVIED ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO A
PROPORTIONATE AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH
EACH LOT OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL
PROJECT; AND
(V) FOR PURPOSES OF THIS PARAGRAPH THE TERM MUNICIPAL CORPORATION
SHALL INCLUDE ONLY THOSE CITIES, TOWNS, VILLAGES AND COUNTIES DESCRIBED
IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
S 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, 2021, and provided further that such repeal shall not affect
the validity or duration of any contract entered into before that date
pursuant to paragraph f of such subdivision.
PART QQ
Section 1. Section 2 of part EE of chapter 60 of the laws of 2011,
amending the New York state urban development corporation act relating
to the new markets tax credits, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed [5] 10 years after such effective date.
S 2. This act shall take effect immediately.
PART RR
Section 1. The public authorities law is amended by adding a new
section 1678-a to read as follows:
S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT. 1.
PURPOSES OF ACT. THE PURPOSES OF THE NEW YORK STATE DESIGN AND
CONSTRUCTION CORPORATION ACT ARE TO ESTABLISH THE NEW YORK STATE DESIGN
AND CONSTRUCTION CORPORATION TO PROVIDE (A) ADDITIONAL PROJECT MANAGE-
MENT EXPERTISE, MONITORING AND OVERSIGHT ON PUBLIC WORKS PROJECTS EACH
HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY
MILLION DOLLARS UNDERTAKEN BY STATE AGENCIES, STATE DEPARTMENTS SUBJECT
TO THE PROVISIONS OF THIS SECTION, AND STATE AUTHORITIES INCLUDING ONE
CREATED BY CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN
HUNDRED TWENTY-ONE AND ONE CREATED BY CHAPTER EIGHT HUNDRED TWENTY-FOUR
OF THE LAWS OF NINETEEN HUNDRED THIRTY-THREE HEREIN AFTER REFERRED TO AS
"STATE ENTITY"; AND (B) A MEANS TO IMPLEMENT AND RECOMMEND IMPROVEMENTS
AND OTHER PROJECT CHANGES ON SUCH PROPOSED PUBLIC WORKS PROJECTS IN
EXCESS OF FIFTY MILLION DOLLARS IN TOTAL OR AGGREGATE VALUE, IN A MORE
TIMELY FASHION, TO ENSURE THAT SUCH PROJECTS CAN BE ACCOMPLISHED, TO THE
EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL
QUALITY AND COST TO THE STATE OF NEW YORK.
2. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION. (A) THERE IS
HEREBY ESTABLISHED THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPO-
RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY.
(B) THE DORMITORY AUTHORITY MAY PROVIDE OR LEASE TO SUCH SUBSIDIARY
CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN
S. 6406--C 88 A. 9006--C
ORDER TO CARRY OUT THE PURPOSES OF THIS ACT. THE AUTHORITY MAY ASSIGN
ANY SUCH EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE REQUIRED IN
ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION AND ALL SUCH EMPLOYEES
SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, SENIORITY,
STATUS, AND RIGHTS PURSUANT TO THEIR COLLECTIVE BARGAINING UNITS AND/OR
COLLECTIVE BARGAINING AGREEMENTS, AS APPLICABLE. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE TERM "EMPLOYEE" AS SET FORTH IN
THIS SECTION SHALL MEAN A DORMITORY AUTHORITY EMPLOYEE ASSIGNED, IN
WHOLE, OR IN PART, TO WORK FOR THE CORPORATION.
(C) SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUT-
ING A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE PRIVILEGES,
IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR-
ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION.
(D) THE BOARD OF THE CORPORATION SHALL CONSIST OF THREE MEMBERS AS
DESIGNATED BY THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE THE CHAIR
FROM AMONG THE MEMBERS OF THE CORPORATION'S BOARD. THE MEMBERS OF THE
CORPORATION'S BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER SUCCESSOR
IS APPOINTED BY THE GOVERNOR.
(E) A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD.
A QUORUM SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSINESS, AND
APPROVAL OF ANY MATTER PROPERLY BEFORE THE BOARD SHALL REQUIRE THE
AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD. MEETINGS OF THE CORPO-
RATION SHALL BE CALLED BY THE CHAIR, OR BY A MAJORITY OF THE MEMBERS
APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY.
(F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE ANY
LIABILITIES, OBLIGATIONS OR RESPONSIBILITIES OF SUCH CORPORATION UPON
THE DORMITORY AUTHORITY, AND THE AUTHORITY SHALL HAVE NO LIABILITY OR
RESPONSIBILITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY RESOL-
UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME.
(G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE
SHALL IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY OFFI-
CER, EMPLOYEE OR AGENT OF THE DORMITORY AUTHORITY TRANSFERRED OR
ASSIGNED TO THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF HIS, HER
OR ITS AUTHORITY.
(H) ALL OF THE PROVISIONS OF SECTIONS SEVENTEEN AND NINETEEN OF THE
PUBLIC OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS AND
EMPLOYEES OF THE CORPORATION.
(I) THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO ANY OTHER PROVISIONS OF THIS CHAPTER PERTAINING TO SUBSIDIARIES OF
PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SECTION.
3. CORPORATION REVIEW AND OVERSIGHT OF CERTAIN PUBLIC WORKS CONTRACTS.
FOR PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE
IN EXCESS OF FIFTY MILLION DOLLARS, HEREINAFTER REFERRED TO AS "COVERED
PROJECTS", AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH COVERED
PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE PROCURED
AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN:
(A) ANY STATE ENTITY PROPOSING A COVERED PROJECT SHALL PROVIDE WRITTEN
NOTICE TO THE CORPORATION OF SUCH PROPOSAL, TO INCLUDE WITHOUT LIMITA-
TION, THE ESTIMATED VALUE OF THE COVERED PROJECT AND A SUMMARY OF THE
SCOPE AND DURATION OF SUCH COVERED PROJECT. PROJECTS SHALL NOT BE
DIVIDED OR SEGMENTED FOR THE PURPOSES OF AVOIDING COMPLIANCE WITH THE
PROVISIONS OF THIS ACT. FOR PURPOSES OF THIS SECTION, "COVERED PROJECT"
SHALL NOT INCLUDE CAPITAL PROJECTS OF THE OFFICE OF STATE COMPTROLLER,
OFFICE OF THE ATTORNEY GENERAL OR EDUCATION DEPARTMENT OF THE STATE OF
NEW YORK.
S. 6406--C 89 A. 9006--C
(B) THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS SOLE
DISCRETION, REVIEW, MONITOR, AND OVERSEE, IN WHOLE OR IN PART, SUCH
COVERED PROJECT, AND MAKE RECOMMENDATIONS REGARDING NECESSARY CORRECTIVE
OR OTHER ACTION TO ANY STATE ENTITY IN CONNECTION WITH SUCH COVERED
PROJECT PROVIDED THAT THE CORPORATION, IN ITS SOLE DISCRETION, DEEMS
SUCH COVERED PROJECT TO BE AT RISK OF BEING DELAYED, NOT BEING COMPLETED
WITHIN BUDGET, OR NOT COMPLETED AT AN ACCEPTABLE LEVEL OF QUALITY.
(C) FOR THE PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN
ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING,
ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA-
BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR,
REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED
IN SECTION TWO OF THE STATE FINANCE LAW.
(D) THE STATE ENTITY UNDERTAKING SUCH COVERED PROJECT SHALL COOPERATE
IN GOOD FAITH WITH THE CORPORATION, AND PROVIDE REASONABLE ACCESS TO ALL
PERSONNEL, BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFOR-
MATION AS MAY BE NECESSARY FOR THE CORPORATION TO PERFORM ITS DUTIES.
THE CORPORATION SHALL LIMIT ITS REQUEST FOR ACCESS TO SUCH INFORMATION
THAT IS REASONABLY NECESSARY, AS DETERMINED BY THE CORPORATION TO
PERFORM ITS DUTIES.
(E) IN THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE OR OTHER
ACTION IS NECESSARY FOR SUCH COVERED PROJECT, THEN THE CORPORATION SHALL
PROVIDE THE STATE ENTITY WITH WRITTEN NOTICE OF WHAT CORRECTIVE OR OTHER
ACTIONS THE CORPORATION RECOMMENDS AS NECESSARY TO ACCOMPLISH THE
PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN
ACCEPTABLE OVERALL COST TO THE STATE OF NEW YORK. SUCH CORRECTIVE OR
OTHER ACTION MAY INCLUDE, BUT NOT BE LIMITED TO:
(I) MODIFICATION OF SUCH PLANS, SCHEDULES, SPECIFICATIONS, DESIGNS AND
ESTIMATES OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF
FACILITIES;
(II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE SO AS TO CURE DELAYS
THAT MAY HAVE OCCURRED OR PREVENT FUTURE DELAY;
(III) DETAILED ANALYSIS OF PROJECT BUDGET;
(IV) DETAILED ANALYSIS OF CHANGE ORDERS AND/OR PAYMENTS TO PRIME
CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES;
(V) DETAILED ANALYSIS OF RECORDS OF CONSTRUCTION OBSERVATIONS,
INSPECTIONS AND DEFICIENCIES;
(VI) EXERCISE OF APPLICABLE RIGHTS AND/OR REMEDIES WITH RESPECT TO
CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER CONSULTANTS;
(VII) PROCUREMENT OF INDEPENDENT AUDITORS, PROJECT MANAGERS, LEGAL
COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT;
(VIII) REGULAR REPORTING OF PROJECT STATUS AND MILESTONES TO THE
CORPORATION;
(IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI-
TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND
(X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE
TIME INTERVAL DETERMINED BY THE CORPORATION.
THE STATE ENTITY UNDERTAKING THE PROJECT SHALL HAVE A PERIOD OF THIRTY
DAYS, OR SHORTER IF THE CORPORATION DETERMINES THAT A SHORTER PERIOD IS
REQUIRED BY THE CIRCUMSTANCES OR LONGER IF THE CORPORATION CONSENTS,
FROM RECEIPT OF WRITTEN NOTICE OF RECOMMENDED CORRECTIVE ACTION FROM THE
CORPORATION, TO NOTIFY THE CORPORATION IN WRITING OF ITS ACCEPTANCE OR
REJECTION OF THE CORRECTIVE OR OTHER ACTION. IN THE EVENT THAT THE STATE
ENTITY REJECTS ANY CORRECTIVE OR OTHER ACTION, IN WHOLE OR IN PART, IT
SHALL PROVIDE SIMULTANEOUS WRITTEN NOTICE TO THE CORPORATION ACCOMPANIED
BY A REASONED EXPLANATION IN SUPPORT OF ITS REJECTION. SUCH REJECTION
S. 6406--C 90 A. 9006--C
SHALL BE REPORTED TO THE SECRETARY TO THE GOVERNOR AND THE DIRECTOR OF
THE DIVISION OF BUDGET WITHIN FIFTEEN DAYS OF ITS RECEIPT BY THE CORPO-
RATION.
(F) ANY STATE ENTITY PROPOSING A COVERED PROJECT SHALL INCLUDE A
SUMMARY OF THE PROVISIONS OF THIS SECTION IN ALL SUCH PROPOSAL AND/OR
BID DOCUMENTS FOR SUCH PROJECTS.
4. GENERAL POWERS AND DUTIES OF THE CORPORATION. (A) THE CORPORATION
SHALL HAVE THE POWER TO:
(I) SUE AND BE SUED;
(II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
(III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME;
(IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY-
EES OF THE AUTHORITY, AS IT MAY REQUIRE FOR THE PERFORMANCE OF ITS
DUTIES AND FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES, AND COMPEN-
SATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS, PRIVATE FINANCIAL
CONSULTANTS, PROFESSIONAL ENGINEERS OR OTHER TECHNICAL CONSULTANTS AND
OTHER SERVICES ON A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING OF
PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE;
(V) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
SECTION;
(VI) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS
FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE RELATING TO
COVERED PROJECTS;
(VII) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV-
ITIES, PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ANCE AS IT DEEMS DESIRABLE; AND
(VIII) 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 OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR-
IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT OF THE STATE FINANCE
LAW.
(B) THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT
TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE CONTRARY, ALL
STATE ENTITIES AND THEIR OFFICERS SHALL COOPERATE WITH THE CORPORATION
IN GOOD FAITH AND MAY IMPLEMENT THE RECOMMENDATIONS OF THE CORPORATION.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed July 1, 2022; provided, however, that the repeal of this
act shall not impair or otherwise affect any of the outstanding obli-
gations, responsibilities, functions, rights or liabilities of the
corporation, unless adequate provisions have been made for the payment
or exercise thereof.
PART SS
Section 1. Section 200 of the workers' compensation law, as added by
chapter 600 of the laws of 1949, is amended to read as follows:
S 200. Short title. This article shall be known and may be cited as
the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW."
S 2. Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
S. 6406--C 91 A. 9006--C
438 of the laws of 1964, is amended and nine new subdivisions 15, 16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
14. "A day of disability" means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY DAY
WHICH THE EMPLOYEE USES FOR FAMILY LEAVE, and for which [he] THE EMPLOY-
EE has not received his OR HER regular remuneration.
15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM
WORK: (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR
PSYCHOLOGICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY
BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER; OR (B) TO BOND WITH
THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S
BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR
ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR (C) BECAUSE OF ANY QUALI-
FYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29
U.S.C.S S 2612(A)(1)(E) AND 29 C.F.R. S.825.126(A)(1)-(8), ARISING OUT
OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE
EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR
ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES.
16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A
STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF A DOMESTIC
PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS.
17. "DOMESTIC PARTNER" HAS THE SAME MEANING AS SET FORTH IN SECTION
FOUR OF THIS CHAPTER.
18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI-
TAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, CONTINUING TREATMENT
OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER. CONTINUING SUPER-
VISION BY A HEALTH CARE PROVIDER INCLUDES A PERIOD OF INCAPACITY WHICH
IS PERMANENT OR LONG TERM DUE TO A CONDITION FOR WHICH TREATMENT MAY NOT
BE EFFECTIVE WHERE THE FAMILY MEMBER IS UNDER THE CONTINUING SUPERVISION
OF, BUT NEED NOT BE RECEIVING ACTIVE TREATMENT BY, A HEALTH CARE PROVID-
ER.
19. "PARENT" MEANS A BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, A
PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD
IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD.
20. "FAMILY MEMBER" MEANS A CHILD, PARENT, GRANDPARENT, GRANDCHILD,
SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION.
21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD.
22. "HEALTH CARE PROVIDER" SHALL MEAN FOR THE PURPOSE OF FAMILY LEAVE,
A PERSON LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED
THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE
HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE,
ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE
OF THE EDUCATION LAW OR A PERSON LICENSED UNDER THE PUBLIC HEALTH LAW,
ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED
SIXTY-THREE OF THE EDUCATION LAW.
23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT.
S 3. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
S 203. Employees eligible for benefits under section two hundred four
OF THIS ARTICLE. Employees in employment of a covered employer for four
or more consecutive weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are regularly employed and in
which hiring from day to day of such employees is the usual employment
S. 6406--C 92 A. 9006--C
practice shall be eligible for disability benefits as provided in
section two hundred four OF THIS ARTICLE. EMPLOYEES IN EMPLOYMENT OF A
COVERED EMPLOYER FOR TWENTY-SIX OR MORE CONSECUTIVE WEEKS AND EMPLOYEES
IN EMPLOYMENT DURING THE WORK PERIOD USUAL TO AND AVAILABLE DURING SUCH
TWENTY-SIX OR MORE CONSECUTIVE WEEKS IN ANY TRADE OR BUSINESS IN WHICH
THEY ARE REGULARLY EMPLOYED AND IN WHICH HIRING FROM DAY TO DAY OF SUCH
EMPLOYEES IS THE USUAL EMPLOYMENT PRACTICE SHALL BE ELIGIBLE FOR FAMILY
LEAVE BENEFITS AS PROVIDED IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
EVERY SUCH EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENE-
FITS ONLY DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee
shall continue to be eligible FOR DISABILITY BENEFITS during such
employment and for a period of four weeks after such employment termi-
nates regardless of whether the employee performs any work for remunera-
tion or profit in non-covered employment. If during such four week peri-
od the employee performs any work for remuneration or profit for another
covered employer the employee shall become eligible for DISABILITY bene-
fits immediately with respect to that employment. In addition every such
employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN
EMPLOYMENT WITH THE COVERED EMPLOYER FOR PURPOSES OF DISABILITY BENE-
FITS, OR TWENTY-SIX OR MORE CONSECUTIVE WEEKS IN EMPLOYMENT WITH THE
COVERED EMPLOYER FOR PURPOSES OF PAID FAMILY LEAVE, AND returns to work
with the same employer after an agreed and specified unpaid leave of
absence or vacation without pay shall become eligible for benefits imme-
diately with respect to such employment. An employee who during a period
in which he or she is eligible to receive benefits under subdivision two
of section two hundred seven OF THIS ARTICLE returns to employment with
a covered employer and an employee who is currently receiving unemploy-
ment insurance benefits or benefits under section two hundred seven OF
THIS ARTICLE and who returns to employment with a covered employer shall
become eligible for DISABILITY benefits immediately with respect to such
employment. An employee regularly in the employment of a single employ-
er on a work schedule less than the employer's normal work week shall
become eligible for DISABILITY LEAVE benefits on the twenty-fifth day of
such regular employment AND FOR PURPOSES OF PAID FAMILY LEAVE AN EMPLOY-
ER SHALL BECOME ELIGIBLE FOR BENEFITS ON THE ONE HUNDRED SEVENTY-FIFTH
DAY OF SUCH REGULAR EMPLOYMENT. An employee who [becomes disabled while]
IS eligible for DISABILITY AND FAMILY LEAVE benefits in the employment
of a covered employer shall not be deemed, for the purposes of this
article, to have such employment terminated during any period he or she
is eligible to receive benefits under section two hundred four OF THIS
ARTICLE with respect to such employment.
S 4. The workers' compensation law is amended by adding three new
sections 203-a, 203-b and 203-c to read as follows:
S 203-A. RETALIATORY ACTION PROHIBITED FOR FAMILY LEAVE. 1. THE
PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO
HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE.
2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT.
S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE
OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS ARTICLE SHALL BE ENTI-
TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE
POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR
TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE-
FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF
FAMILY LEAVE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT
S. 6406--C 93 A. 9006--C
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE
ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE.
S 203-C HEALTH INSURANCE DURING FAMILY LEAVE. IN ACCORDANCE WITH THE
FAMILY AND MEDICAL LEAVE ACT (29 U.S.C. SS 2601-2654), DURING ANY PERIOD
OF FAMILY LEAVE THE EMPLOYER SHALL MAINTAIN ANY EXISTING HEALTH BENEFITS
OF THE EMPLOYEE IN FORCE FOR THE DURATION OF SUCH LEAVE AS IF THE
EMPLOYEE HAD CONTINUED TO WORK FROM THE DATE HE OR SHE COMMENCED FAMILY
LEAVE UNTIL THE DATE HE OR SHE RETURNS TO EMPLOYMENT.
S 5. Section 204 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 2 as amended by chapter 38 of the
laws of 1989, is amended to read as follows:
S 204. Disability AND FAMILY LEAVE during employment. 1. Disability
benefits shall be payable to an eligible employee for disabilities
[commencing after June thirtieth, nineteen hundred fifty], beginning
with the eighth [consecutive] day of disability and thereafter during
the continuance of disability, subject to the limitations as to maximum
and minimum amounts and duration and other conditions and limitations in
this section and in sections two hundred five and two hundred six OF
THIS ARTICLE. FAMILY LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE
EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE-
AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO
THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER
CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED
FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil-
ity OR FAMILY LEAVE caused by the same or related injury or sickness
shall be deemed a single period of disability OR FAMILY LEAVE only if
separated by less than three months.
2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT EXCEED EIGHT WEEKS DURING
ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE FIFTY PERCENT OF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE
STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN SHALL NOT EXCEED TEN WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR
PERIOD AND SHALL BE FIFTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY
WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY
WAGE, (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL NOT
EXCEED TEN WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE
SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND (IV) ON OR AFTER
JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL NOT EXCEED TWELVE WEEKS
DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT.
THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL HAVE DISCRETION TO DELAY
THE INCREASES IN THE FAMILY LEAVE BENEFIT LEVEL PROVIDED IN SUBPARA-
GRAPHS (II), (III), AND (IV) OF THIS PARAGRAPH BY ONE OR MORE CALENDAR
YEARS. IN DETERMINING WHETHER TO DELAY THE INCREASE IN THE FAMILY LEAVE
BENEFIT FOR ANY YEAR, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL
CONSIDER: (1) THE CURRENT COST TO EMPLOYEES OF THE FAMILY LEAVE BENEFIT
AND ANY EXPECTED CHANGE IN THE COST AFTER THE BENEFIT INCREASE; (2) THE
CURRENT NUMBER OF INSURERS ISSUING INSURANCE POLICIES WITH A FAMILY
LEAVE BENEFIT AND ANY EXPECTED CHANGE IN THE NUMBER OF INSURERS ISSUING
SUCH POLICIES AFTER THE BENEFIT INCREASE; (3) THE IMPACT OF THE BENEFIT
S. 6406--C 94 A. 9006--C
INCREASE ON EMPLOYERS' BUSINESS AND THE OVERALL STABILITY OF THE PROGRAM
TO THE EXTENT THAT INFORMATION IS READILY AVAILABLE; (4) THE IMPACT OF
THE BENEFIT INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND
FAMILY LEAVE INSURANCE MARKET AND CARRIERS; AND (5) ANY ADDITIONAL
FACTORS THAT THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. IF
THE SUPERINTENDENT OF FINANCIAL SERVICES DELAYS THE INCREASE IN THE
FAMILY LEAVE BENEFIT LEVEL FOR ONE OR MORE CALENDAR YEARS, THE FAMILY
LEAVE BENEFIT LEVEL THAT SHALL TAKE EFFECT IMMEDIATELY FOLLOWING THE
DELAY SHALL BE THE SAME BENEFIT LEVEL THAT WOULD HAVE TAKEN EFFECT BUT
FOR THE DELAY. THE WEEKLY BENEFITS FOR FAMILY LEAVE THAT OCCURS ON OR
AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT BE LESS THAN ONE
HUNDRED DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME
OF FAMILY LEAVE ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE
SHALL RECEIVE HIS OR HER FULL WAGES. BENEFITS MAY BE PAYABLE TO EMPLOY-
EES FOR PAID FAMILY LEAVE TAKEN INTERMITTENTLY OR FOR LESS THAN A FULL
WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENE-
FIT.
(B) The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after May first, nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that if the employee's average weekly wage is less than twenty dollars,
the benefit shall be such average weekly wage. The weekly benefit which
the disabled employee is entitled to receive for disability commencing
on or after July first, nineteen hundred eighty-four shall be one-half
of the employee's weekly wage, but in no case shall such benefit exceed
one hundred forty-five dollars; except that if the employee's average
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled to receive for disability commencing on or after July first, nine-
teen hundred eighty-three and prior to July first, nineteen hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average week-
ly wage is less than twenty dollars the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is entitled to receive
for disability commencing on or after July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but in no case shall
such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
S. 6406--C 95 A. 9006--C
employee's average weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
S 6. Section 205 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 1 as amended by chapter 651 of the
laws of 1958, subdivision 2 as amended by chapter 270 of the laws of
1990, subdivision 5 as amended by chapter 288 of the laws of 1970, and
subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter 352 of the
laws of 1981, is amended to read as follows:
S 205. Disabilities, FAMILY LEAVE and [disability] periods for which
benefits are not payable. 1. No employee shall be entitled to DISABILITY
benefits under this article:
[1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI-
LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period
of fifty-two consecutive calendar weeks or during any one period of
disability, OR FOR MORE THAN TWENTY-SIX WEEKS;
[2.] (B) for any period of disability during which an employee is not
under the care of a duly licensed physician or with respect to disabili-
ty resulting from a condition of the foot which may lawfully be treated
by a duly registered and licensed podiatrist of the state of New York or
with respect to a disability resulting from a condition which may
lawfully be treated by a duly registered and licensed chiropractor of
the state of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly licensed dentist of
the state of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly registered and
licensed psychologist of the state of New York or with respect to a
disability resulting from a condition which may lawfully be treated by a
duly certified nurse midwife, for any period of such disability during
which an employee is neither under the care of a physician nor a podia-
trist, nor a chiropractor, nor a dentist, nor a psychologist, nor a
certified nurse midwife; and for any period of disability during which
an employee who adheres to the faith or teachings of any church or
denomination and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual means alone in the
practice of religion, is not under the care of a practitioner duly
accredited by the church or denomination, and provided such employee
shall submit to all physical examinations as required by this chapter.
2. NO EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS
ARTICLE:
(A) FOR MORE THAN TWELVE WEEKS, OR THE MAXIMUM DURATION PERMITTED AS
SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
FOUR OF THIS ARTICLE, DURING A PERIOD OF FIFTY-TWO CONSECUTIVE CALENDAR
WEEKS, OR FOR ANY PERIOD IN WHICH THE FAMILY LEAVE COMBINED WITH THE
DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX WEEKS DURING THE
SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS;
(B) FOR ANY PERIOD OF FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL
CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS NOT BEEN FILED. AT THE
DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE OF THIS ARTICLE, THE FAMILY MEMBER WHO IS THE RECIPI-
ENT OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINATION BY A
QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID FOR BY
THE CARRIER; AND
(C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE
BENEFITS DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS IN WHICH AN
EMPLOYEE IS ELIGIBLE FOR THESE BENEFITS, AN EMPLOYER MAY OFFER AN
S. 6406--C 96 A. 9006--C
EMPLOYEE WHO HAS ACCRUED BUT UNUSED VACATION TIME OR PERSONAL LEAVE
AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER
TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME TO ACCRUED BUT UNUSED
VACATION OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE
TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE THE
BENEFIT AS SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN
EMPLOYER THAT PAYS FULL SALARY DURING A PERIOD OF FAMILY LEAVE MAY
REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV-
EN OF THIS ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE
SHALL RECEIVE THE FULL PROTECTION OF THE REINSTATEMENT PROVISION SET
FORTH IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR-
RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE
CREDITS. IN NO EVENT CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND TWELVE
WEEKS, OR THE MAXIMUM DURATION PERMITTED AS SET FORTH IN PARAGRAPH (A)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE, PER ANY
FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY NOT
BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOYER OF ANY DUTY OF
COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE SUBJECT
MATTER OF THIS PARAGRAPH.
3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE-
FITS UNDER THIS ARTICLE:
(A) for any disability occasioned by the wilful intention of the
employee to bring about injury to or the sickness of himself or another,
or resulting from any injury or sickness sustained in the perpetration
by the employee of an illegal act;
[4.] (B) for any day of disability OR FAMILY LEAVE during which the
employee performed work for remuneration or profit;
[5.] (C) for any day of disability OR FAMILY LEAVE for which the
employee is entitled to receive from his OR HER employer, or from a fund
to which the employer has contributed, remuneration or maintenance in an
amount equal to or greater than that to which he OR SHE would be enti-
tled under this article; but any voluntary contribution or aid which an
employer may make to an employee or any supplementary benefit paid to an
employee pursuant to the provisions of a collective bargaining agreement
or from a trust fund to which contributions are made pursuant to the
provisions of a collective bargaining agreement shall not be considered
as continued remuneration or maintenance for this purpose;
[6.] (D) for any period in respect to which such employee is subject
to suspension or disqualification of the accumulation of unemployment
insurance benefit rights, or would be subject if he OR SHE were eligible
for such benefit rights, except for ineligibility resulting from the
employee's disability;
[7.] (E) for any disability due to any act of war, declared or unde-
clared[, if such act shall occur after June thirtieth, nineteen hundred
fifty];
[8.] (F) for any disability OR FAMILY LEAVE commencing before the
employee becomes eligible to benefits [hereunder or commencing prior to
July first, nineteen hundred fifty, but this shall not preclude benefits
for recurrence after July first, nineteen hundred fifty, of a disability
commencing prior thereto] UNDER THIS SECTION.
4. AN EMPLOYEE MAY NOT COLLECT BENEFITS CONCURRENTLY UNDER BOTH SUBDI-
VISIONS ONE AND TWO OF THIS SECTION.
5. IN ANY CASE IN WHICH THE NECESSITY FOR FAMILY LEAVE IS FORESEEABLE
BASED ON AN EXPECTED BIRTH OR PLACEMENT, THE EMPLOYEE SHALL PROVIDE THE
EMPLOYER WITH NOT LESS THAN THIRTY DAYS NOTICE BEFORE THE DATE THE LEAVE
IS TO BEGIN, OF THE EMPLOYEE'S INTENTION TO TAKE FAMILY LEAVE UNDER THIS
S. 6406--C 97 A. 9006--C
ARTICLE, EXCEPT THAT IF THE DATE OF THE BIRTH OR PLACEMENT REQUIRES
LEAVE TO BEGIN IN LESS THAN THIRTY DAYS, THE EMPLOYEE SHALL PROVIDE SUCH
NOTICE AS IS PRACTICABLE. IN ANY CASE IN WHICH THE NECESSITY FOR FAMILY
LEAVE IS FORESEEABLE BASED ON PLANNED MEDICAL TREATMENT, THE EMPLOYEE
SHALL PROVIDE THE EMPLOYER WITH NOT LESS THAN THIRTY DAYS NOTICE, BEFORE
THE DATE THE LEAVE IS TO BEGIN, OF THE EMPLOYEES INTENTION TO TAKE FAMI-
LY LEAVE UNDER THIS ARTICLE, EXCEPT THAT IF THE DATE OF THE TREATMENT
REQUIRES LEAVE TO BEGIN IN LESS THAN THIRTY DAYS, THE EMPLOYEE SHALL
PROVIDE SUCH NOTICE AS IS PRACTICABLE.
S 7. Section 206 of the workers' compensation law, as amended by chap-
ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate-
ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2
as amended by chapter 24 of the laws of 1988, is amended to read as
follows:
S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be
payable under section two hundred four or two hundred seven OF THIS
ARTICLE:
(a) in a weekly benefit amount which, together with any amount that
the employee receives or is entitled to receive for the same period or
any part thereof as a permanent disability benefit or annuity under any
governmental system or program, except under a veteran's disability
program, or under any permanent disability policy or program of an
employer for whom he OR SHE has performed services, would, if appor-
tioned to weekly periods, exceed his OR HER weekly benefit amount [here-
under] UNDER THIS SECTION, provided however, that there shall be no
offset against the benefits set forth in this article if the claim for
disability benefits is based on a disability other than the permanent
disability for which the aforesaid permanent disability benefit or annu-
ity was granted;
(b) with respect to any week for which payments are received under the
unemployment insurance law or similar law of this state or of any other
state or of the United States;
(c) subject to the provisions of subdivision two of this section, for
any period with respect to which benefits, compensation or other allow-
ances (other than [workmen's] WORKERS' compensation benefits for a
permanent partial disability occurring prior to the disability for which
benefits are claimed hereunder) are paid or payable under this chapter,
the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work-
men's] WORKERS' compensation act, occupational disease act or similar
law, or under any employers' liability act or similar law; under any
other temporary disability or cash sickness benefits act or similar law;
under section six hundred eighty-eight, title forty-six, United States
code; under the federal employers' liability act; or under the maritime
doctrine of maintenance, wages and cure.
2. If an employee who is eligible for DISABILITY benefits under
section two hundred three or two hundred seven OF THIS ARTICLE is disa-
bled and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under the volunteer firefighters'
benefit law or the volunteer ambulance workers' benefit law, and such
claim is controverted on the ground that the employee's disability was
not caused by an accident that arose out of and in the course of his
employment or by an occupational disease, or by an injury in line of
duty as a volunteer firefighter or volunteer ambulance worker, the
employee shall be entitled in the first instance to receive benefits
under this article for his OR HER disability. If benefits have been paid
under this article in respect to a disability alleged to have arisen out
S. 6406--C 98 A. 9006--C
of and in the course of the employment or by reason of an occupational
disease, or in line of duty as a volunteer firefighter or a volunteer
ambulance worker, the employer or carrier or the [chairman] CHAIR making
such payment may, at any time before award of workers' compensation
benefits, or volunteer firefighters' benefits or volunteer ambulance
workers' benefits, is made, file with the board a claim for reimburse-
ment out of the proceeds of such award to the employee for the period
for which disability benefits were paid to the employee under this arti-
cle, and shall have a lien against the award for reimbursement, notwith-
standing the provisions of section thirty-three of this chapter or
section twenty-three of the volunteer firefighters' benefit law or
section twenty-three of the volunteer ambulance workers' benefit law
provided the insurance carrier liable for payment of the award receives,
before such award is made, a copy of the claim for reimbursement from
the employer, carrier or [chairman] CHAIR who paid disability benefits,
or provided the board's decision and award directs such reimbursement
therefrom.
3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED
FOUR OF THIS ARTICLE:
(A) DURING PERIODS WHEN THE EMPLOYEE IS RECEIVING TOTAL DISABILITY
PAYMENTS PURSUANT TO A CLAIM FOR WORKERS' COMPENSATION, VOLUNTEER FIRE-
FIGHTERS' BENEFITS OR VOLUNTEER AMBULANCE WORKERS' BENEFITS, EXCEPT THAT
WHEN THE EMPLOYEE IS RECEIVING PAYMENTS FOR PARTIAL DISABILITY OR
REDUCED EARNINGS UNDER SUCH LAWS, THE FAMILY LEAVE BENEFIT, WHEN
COMBINED WITH THE BENEFITS UNDER SUCH LAWS SHALL NOT EXCEED THE AVERAGE
WEEKLY WAGE IN THE EMPLOYMENT FOR WHICH FAMILY LEAVE BENEFITS ARE
SOUGHT;
(B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE
FROM HIS OR HER EMPLOYMENT;
(C) TO AN EMPLOYEE DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING
SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND
(D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR
REMUNERATION OR PROFIT FOR THE COVERED EMPLOYER OR FOR ANY OTHER EMPLOY-
ER WHILE WORKING FOR REMUNERATION OR PROFIT, FOR HIM OR HERSELF, OR
ANOTHER PERSON OR ENTITY, DURING THE SAME OR SUBSTANTIALLY SIMILAR WORK-
ING HOURS AS THOSE OF THE COVERED EMPLOYER FROM WHICH FAMILY LEAVE BENE-
FITS ARE CLAIMED, EXCEPT THAT OCCASIONAL SCHEDULING ADJUSTMENTS WITH
RESPECT TO SECONDARY EMPLOYMENTS SHALL NOT PREVENT RECEIPT OF FAMILY
LEAVE BENEFITS.
4. UNLESS OTHERWISE EXPRESSLY PERMITTED BY THE EMPLOYER, BENEFITS
AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY AND MEDICAL LEAVE
ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. FOR A SUBSE-
QUENT UNRELATED DISABILITY, AN EMPLOYEE MAY SEEK BENEFITS UP TO THE
MAXIMUM NUMBER OF AVAILABLE WEEKS PERMITTED IN THIS ARTICLE.
5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE
TO USE THE SAME PERIOD OF FAMILY LEAVE TO CARE FOR THE SAME FAMILY
MEMBER.
S 8. Section 207 of the workers' compensation law is amended by adding
a new subdivision 5 to read as follows:
5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY
LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES
THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING
THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR.
S 9. Section 208 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 1 as amended by chapter 314 of the
laws of 2010, is amended to read as follows:
S. 6406--C 99 A. 9006--C
S 208. Payment of disability AND FAMILY LEAVE benefits. 1. Benefits
provided under this article shall be paid periodically and promptly and,
except as to a contested period of disability OR FAMILY LEAVE, without
any decision by the board, OR DESIGNEE OF THE CHAIR PURSUANT TO SECTION
TWO HUNDRED TWENTY-ONE OF THIS ARTICLE. The first payment of benefits
shall be due on the fourteenth day of disability OR FAMILY LEAVE and
benefits for that period shall be paid directly to the employee within
four business days thereafter or within four business days after the
filing of required proof of claim, whichever is the later. IF THE
EMPLOYER OR CARRIER REJECTS AN INITIAL CLAIM FOR FAMILY LEAVE BENEFITS,
THE EMPLOYER OR CARRIER MUST NOTIFY THE EMPLOYEE IN A MANNER PRESCRIBED
BY THE CHAIR WITHIN EIGHTEEN DAYS OF FILING OF THE PROOF OF CLAIM. FAIL-
URE TO TIMELY REJECT SHALL CONSTITUTE A WAIVER OF OBJECTION TO THE FAMI-
LY LEAVE CLAIM. Thereafter benefits shall be due and payable bi-weekly
in like manner. The [chairman] CHAIR OR CHAIR'S DESIGNEE, PURSUANT TO
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, may determine that bene-
fits may be paid monthly or semi-monthly if wages were so paid, and may
authorize deviation from the foregoing requirements to facilitate prompt
payment of benefits. Any inquiry which requires the employee's response
in order to continue benefits uninterrupted or unmodified shall provide
a reasonable time period in which to respond and include a clear and
prominent statement of the deadline for responding and consequences of
failing to respond.
2. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may,
whenever such information is deemed necessary, require any carrier to
file in form prescribed by the [chairman] CHAIR a report or reports as
to any claim or claims, including (but without limitation) dates of
commencement and termination of benefit payments and amount of benefits
paid under this article. The [chairman] CHAIR AND SUPERINTENDENT OF
FINANCIAL SERVICES may also require annually information in respect to
the aggregate of benefits paid, the number of claims allowed and disal-
lowed, the average benefits and duration of benefit periods, the amount
of payrolls covered and such other information as the [chairman] CHAIR
may deem necessary for the purposes of administering this article. If
the carrier is providing benefits in respect to more than one employer,
the [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may
require that such information be shown separately as to those employers
who are providing only benefits that are substantially the same as the
benefits required in this article. THE CHAIR AND SUPERINTENDENT OF
FINANCIAL SERVICES MAY PRESCRIBE THE FORMAT OF SUCH REPORT AND MAY
PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE.
S 10. Section 209 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415 of
the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws
of 1952, is amended to read as follows:
S 209. Contribution of employees for disability AND FAMILY LEAVE bene-
fits. 1. Every employee in the employment of a covered employer shall[,
on and after January first, nineteen hundred fifty,] contribute to the
cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, FAMILY LEAVE benefits under this article, to the extent and in the
manner herein provided.
2. The special contribution of each such employee to the accumulation
of funds to provide benefits for disabled unemployed shall be as
provided in subdivision one of section two hundred fourteen OF THIS
ARTICLE.
S. 6406--C 100 A. 9006--C
3. (A) DISABILITY BENEFITS. The contribution of each such employee to
the cost of disability benefits provided by this article shall be one-
half of one per centum of the employee's wages paid to him OR HER on and
after July first, nineteen hundred fifty, but not in excess of sixty
cents per week.
(B) FAMILY LEAVE BENEFITS. ON JUNE FIRST, TWO THOUSAND SEVENTEEN AND
ANNUALLY THEREAFTER ON SEPTEMBER FIRST, THE SUPERINTENDENT OF FINANCIAL
SERVICES SHALL SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING SOUND ACTU-
ARIAL PRINCIPLES AND THE REPORTS PROVIDED IN SECTION TWO HUNDRED EIGHT
OF THIS ARTICLE. NO EMPLOYER SHALL BE REQUIRED TO FUND ANY PORTION OF
THE FAMILY LEAVE BENEFIT.
4. Notwithstanding any other provision of law, the employer is author-
ized to collect from his OR HER employees, except as otherwise provided
in any plan or agreement under the provisions of subdivisions four or
five of section two hundred eleven OF THIS ARTICLE, the contribution
provided under subdivisions two and three OF THIS SECTION, through
payroll deductions. If the employer shall not make deduction for any
payroll period he OR SHE may thereafter, but not later than one month
after payment of wages, collect such contribution through payroll
deduction.
5. In collecting employee contributions through payroll deductions,
the employer shall act as the agent of his OR HER employees and shall
use the contributions only to provide disability AND FAMILY LEAVE bene-
fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S ANNUAL
CONTRIBUTION FOR FAMILY LEAVE EXCEED HIS OR HER PER CAPITA SHARE OF THE
ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST BE DETERMINED
CONSISTENT WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS
OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY CONTRIB-
UTION FOR DISABILITY PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE
EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS OF SIXTY CENTS
PER WEEK. After June thirtieth, nineteen hundred fifty, if the employer
is not providing, or to the extent that he OR SHE is not then providing,
for the payment of disability benefits to his OR HER employees by insur-
ing with the state fund or with another insurance carrier, he OR SHE
shall keep the contributions of his OR HER employees as trust funds
separate and apart from all other funds of the employer. The payment of
such contributions by the employer to a carrier providing for the
payment of such benefits shall discharge the employer from responsibil-
ity with respect to such contributions.
S 11. Section 210 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
S 210. Employer contributions. 1. Every covered employer shall, on and
after January first, nineteen hundred fifty, contribute the cost of
providing disability benefits in excess of the contributions collected
from his OR HER employees, to the extent and in the manner provided in
this article.
2. The special contribution of each covered employer to the accumu-
lation of funds to provide benefits for disabled unemployed shall be as
provided in subdivision one of section two hundred fourteen OF THIS
ARTICLE.
3. The contribution of every covered employer to the cost of providing
disability benefits after June thirtieth, nineteen hundred fifty, shall
be the excess of such cost over the amount of the contributions of his
OR HER employees.
4. No profit shall be derived by any employer or association of
employers or of employees from providing payment of disability AND FAMI-
S. 6406--C 101 A. 9006--C
LY LEAVE benefits under this article. All funds representing contrib-
utions of employers and employees, and increments thereon, held by
employers or associations of employers or of employees authorized or
permitted to pay benefits under the provisions of this article, and by
trustees paying benefits under plans or agreements meeting the require-
ments of section two hundred eleven OF THIS ARTICLE, shall be trust
funds and shall be expended only to provide for the payment of benefits
to employees and for the costs of administering this article and for the
support of the fund established under section two hundred fourteen OF
THIS ARTICLE.
S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211
of the workers' compensation law, the opening paragraph as added by
chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207
of the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197
of the laws of 1960, are amended, and two new subdivisions 7 and 8 are
added to read as follows:
A covered employer shall, with his OR HER own contributions and the
contributions of his employees, provide disability AND AFTER JANUARY
FIRST, TWO THOUSAND EIGHTEEN, FAMILY LEAVE benefits to his OR HER
employees in one or more of the following ways:
3. by furnishing satisfactory proof to the chair of the employers
financial ability to pay such benefits, in which case the chair shall
require the deposit of such securities as the chair may deem necessary
[of the kind prescribed in subdivisions one, two, three, four and five
and paragraph a of subdivision seven of section two hundred thirty-five
of the banking law or the deposit of cash or the filing of irrevocable
letters of credit issued by a qualified banking institution as defined
by rules promulgated by the chair or the filing of the bond of a surety
company authorized to do business in this state, conditioned on the
payment by the employer of its obligations under this article and in
form approved by the chair, or the posting and filing of a combination
of such securities, cash, irrevocable letters of credit and surety bonds
in an amount to be determined by the chair, to secure his or her liabil-
ity to pay the compensation provided in this chapter. The amount of
deposit or of the penal sum of the bond shall be determined by the chair
and shall not be less than one-half the estimated contributions of the
employees of the employer for the ensuing year or one-half of the
contributions of the employees which would have been paid by the employ-
ees during the preceding year, whichever is the greater, or if such
amount is more than fifty thousand dollars an amount not less than fifty
thousand dollars. The chair shall have authority to deny an application
to provide benefits pursuant to this subdivision or to revoke approval
at any time for good cause shown. In the case of an employer who main-
tains a deposit of securities, irrevocable letters of credit or cash in
accordance with subdivision three of section fifty of this chapter, the
chair may reduce the amount of the deposit or of the penal sum of the
bond, provided the securities, irrevocable letters of credit or cash
deposited by or for such employer under subdivision three of section
fifty of this chapter are, by agreement satisfactory to the chair, made
available for the payment of unpaid benefits under this article with
respect to obligations incurred for disabilities commencing prior to the
effective date of such revocation] CONSISTENT WITH THE PROVISIONS OF
SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER. An association of
employers or employees authorized to pay benefits under this article or
the trustee or trustees paying benefits under a plan or agreement
authorized under subdivisions four and five of this section, may with
S. 6406--C 102 A. 9006--C
the approval of the chair furnish such proof and otherwise comply with
the provisions of this section to provide disability AND FAMILY LEAVE
benefits to employees under such plan or agreement.
4. by a plan in existence on the effective date of this article. If on
the effective date of this article the employees of a covered employer
or any class or classes of such employees are entitled to receive disa-
bility AND FAMILY LEAVE benefits under a plan or agreement which remains
in effect on July first, nineteen hundred fifty, the employer, subject
to the requirements of this section, shall be relieved of responsibility
for making provision for benefit payments required under this article
until the earliest date, determined by the [chairman] CHAIR for the
purposes of this article, upon which the employer shall have the right
to discontinue the provisions thereof or to discontinue his contrib-
utions towards the cost. Any such plan or agreement may be extended,
with or without modification, by agreement or collective bargaining
between an employer or employers or association of employers and an
association of employees, in which event the period for which the
employer is relieved of such responsibility shall include such period of
extension. Any other plan or agreement in existence on the effective
date of this article which the employer may, by his OR HER sole act,
terminate at any time, or with respect to which he OR SHE is not obli-
gated to continue for any period to make contributions, may be accepted
by the [chairman] CHAIR as satisfying the obligation to provide for the
payment of benefits under this article if such plan or agreement
provides benefits at least as favorable as the disability AND FAMILY
LEAVE benefits provided by this article and does not require contrib-
utions of any employee or of any class or classes of employees in excess
of the statutory amount provided in SUBDIVISION THREE OF section two
hundred nine OF THIS ARTICLE, subdivision three, except by agreement and
provided the contribution is reasonably related to the value of the
benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may
require that the employer shall enter into an agreement in writing with
the [chairman] CHAIR that he OR SHE will pay the assessments set forth
in sections two hundred fourteen and two hundred twenty-eight and that
until he OR SHE shall have filed written notice with the CHAIR [chair-
man] of his OR HER election to terminate such plan or agreement or to
discontinue making necessary contributions to its cost, he OR SHE will
continue to provide for the payment of the disability AND FAMILY LEAVE
benefits under such plan or agreement.
During any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather than as provided under this article, other than the benefits
provided in section two hundred seven, and provided the employer or
carrier has agreed to pay the assessments described in sections two
hundred fourteen and two hundred twenty-eight.
Any such plan or agreement may be extended with or without modifica-
tion, provided the benefits under such plan or agreement, as extended or
modified, shall be found by the [chairman] CHAIR to be at least as
favorable as the benefits provided by this article.
5. by a new plan or agreement. After the effective date of this arti-
cle, a new plan or agreement with a carrier may be accepted by the CHAIR
[chairman] as satisfying the obligation to provide for the payment of
benefits under this article if such plan or agreement shall provide
benefits at least as favorable as the disability AND FAMILY LEAVE bene-
S. 6406--C 103 A. 9006--C
fits provided by this article and does not require contributions of any
employee or of any class or classes of employees in excess of the statu-
tory amount provided in section two hundred nine, subdivision three,
except by agreement and provided the contribution is reasonably related
to the value of the benefits as determined by the [chairman] CHAIR. Any
such plan or agreement shall continue until written notice filed with
the [chairman] CHAIR of intention to terminate such plan or agreement,
and any modification of such plan or agreement shall be subject to the
written approval of the [chairman] CHAIR.
During any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather than as provided under this article, other than the benefits
provided in section two hundred seven, and provided the employer or
carrier has agreed to pay the assessments described in sections two
hundred fourteen and two hundred twenty-eight.
7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW.
8. AN EMPLOYER PROVIDING DISABILITY BENEFITS COVERAGE PURSUANT TO
SUBDIVISION THREE OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE
BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR SUBDIVISION TWO OF
THIS SECTION.
S 13. Subdivisions 1, 2, 4 and 5 of section 212 of the workers'
compensation law, subdivision 1 as amended by chapter 740 of the laws of
1960, subdivision 2 as amended by chapter 120 of the laws of 1969,
subdivision 4 as amended by chapter 205 of the laws of 1993, and subdi-
vision 5 as added by chapter 593 of the laws of 1992, are amended to
read as follows:
1. Any employer not required by this article to provide for the
payment of disability OR FAMILY LEAVE benefits to his employees, or to
any class or classes thereof, may become a covered employer or bring
within the provisions of this article such employees or class or classes
thereof by voluntarily electing to provide for payment of such benefits
in one or more of the ways set forth in section two hundred eleven OF
THIS ARTICLE; but such election shall be subject to the approval of the
[chairman] CHAIR, and if the employees are required to contribute to the
cost of such benefits the assent within thirty days before such approval
is granted, of more than one-half of such employees shall be evidenced
to the satisfaction of the [chairman] CHAIR. On approval by the [chair-
man] CHAIR of such election to provide benefits, all the provisions of
this article shall become and continue applicable as if the employer
were a covered employer as defined in this article. The obligation to
continue as a covered employer with respect to employees for whom
provision of benefits is not required under this article, may be discon-
tinued by such employer on ninety days notice to the [chairman] CHAIR in
writing and to his OR HER employees, after he OR SHE has provided for
payment of benefits for not less than one year and with such provision
for payment of obligations incurred on and prior to the termination date
as the [chairman] CHAIR may approve.
2. Notwithstanding the definition of "employer" and "employment" in
section two hundred one of this article, a public authority, a municipal
corporation or a fire district or other political subdivision may become
a covered employer FOR THE PURPOSE OF PROVIDING DISABILITY BENEFITS
S. 6406--C 104 A. 9006--C
under this article by complying with the provisions of subdivision one
of this section and may discontinue such status only as provided in that
subdivision.
4. (A) An executive officer of a corporation who at all times during
the period involved owns all of the issued and outstanding stock of the
corporation and holds all of the offices pursuant to paragraph (e) of
section seven hundred fifteen of the business corporation law or two
executive officers of a corporation who at all times during the period
involved between them own all of the issued and outstanding stock of
such corporation and hold all such offices provided, however, that each
officer must own at least one share of stock and who is the executive
officer or who are the executive officers of a corporation having other
persons who are employees required to be covered under this article,
shall be deemed to be included in the corporation's disability AND FAMI-
LY LEAVE benefits insurance contract or covered by a certificate of
self-insurance or a plan under section two hundred eleven of this arti-
cle, unless the officer or officers elect to be excluded from the cover-
age of this article. Such election shall be made by any such corporation
filing with the insurance carrier, or the chair of the workers' compen-
sation board in the case of self-insurance, upon a form prescribed by
the [chairman] CHAIR, a notice that the corporation elects to exclude
the executive officer or officers of such corporation named in the
notice from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to such corporation by such
insurance carrier as long as it shall continuously insure the corpo-
ration. Such election shall be final and binding upon the executive
officer or officers named in the notice until revoked by the corpo-
ration.
(B) NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" IN SECTION TWO
HUNDRED ONE OF THIS ARTICLE, A SOLE PROPRIETOR, MEMBER OF A LIMITED
LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, OR OTHER SELF-EM-
PLOYED PERSON MAY BECOME A COVERED EMPLOYER UNDER THIS ARTICLE BY
COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
5. A spouse who is an employee of a covered employer shall be deemed
to be included in the employer's disability AND FAMILY LEAVE benefits
insurance contract or covered by a certificate of self-insurance or a
plan under section two hundred eleven of this article, unless the
employer elects to exclude such spouse from the coverage of this arti-
cle. Such election shall be made by any such employer filing with the
insurance carrier, or the chair of the workers' compensation board in
the case of self-insurance, upon a form prescribed by the chair, a
notice that the employer elects to exclude such spouse named in the
notice from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to such employer by such insur-
ance carrier as long as it shall continuously insure the employer. Such
election shall be final and binding upon the spouse named in the notice
until revoked by the employer.
S 14. The workers' compensation law is amended by adding two new
sections 212-a and 212-b to read as follows:
S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT"
SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT
FOR INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE COVER-
AGE SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE, ANY
POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER
GOVERNMENTAL AGENCY OR INSTRUMENTALITY, MAY ELECT TO BECOME A COVERED
EMPLOYER SOLELY FOR THE PURPOSE OF FAMILY LEAVE BENEFITS. COVERAGE FOR
S. 6406--C 105 A. 9006--C
FAMILY LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT TERM
IS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE-B OF THIS
ARTICLE, AS PERMITTED BY THIS ARTICLE, INCLUDING AS APPLICABLE SECTION
TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT-
Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY-
EES SHALL BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER
BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO HUNDRED TWEN-
TY-SIX OF THIS ARTICLE.
S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE
ORGANIZATION; EMPLOYEE OPT IN.
1. FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE
OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY
OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER"
MEANS THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC
AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF.
"EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION
TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC
EMPLOYEES IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET FORTH IN
SUBDIVISION THREE OF THIS SECTION.
3. (A) AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN-
ING, OPT IN TO PAID FAMILY LEAVE BENEFITS ON BEHALF OF THOSE PUBLIC
EMPLOYEES IT IS EITHER CERTIFIED OR RECOGNIZED TO REPRESENT, WITHIN THE
MEANING OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. NOTHING IN THIS
SECTION SHALL PROHIBIT AN AGREEMENT TO OPT IN TO PAID FAMILY LEAVE
BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE
ORGANIZATION THAT HAS OPTED IN TO PAID FAMILY LEAVE BENEFITS MAY, PURSU-
ANT TO COLLECTIVE BARGAINING, OPT OUT OF IT AS IS MUTUALLY AGREED UPON
BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER.
B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE ORGAN-
IZATION, THE PUBLIC EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS
WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN BY
A PUBLIC EMPLOYER FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE
ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE-
FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES.
4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN PARAGRAPH (B)
OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE.
S 15. Subdivision 1 of section 213 of the workers' compensation law,
as amended by chapter 784 of the laws of 1980, is amended and a new
subdivision 3 is added to read as follows:
1. Whenever a covered employer does not comply with this article by
providing for the payment of disability AND FAMILY LEAVE benefits to his
OR HER employees in one or more of the ways provided in section two
hundred eleven OF THIS ARTICLE or whenever a carrier fails to pay the
benefits required by this article to employees of a covered employer,
then such employer shall be fully and directly liable to each of his OR
HER employees for the payment of benefits provided by this article. The
amount of the benefits to which employees of such employers are entitled
under this article and attendance fees of [their] ANY attending physi-
cians or attending podiatrists OR HEALTH CARE PROVIDER fixed pursuant to
subdivision two of section two hundred thirty-two OF THIS ARTICLE shall,
on order of the [chairman] CHAIR, be paid out of the fund established
under section two hundred fourteen OF THIS ARTICLE. In case of non-com-
S. 6406--C 106 A. 9006--C
pliance of the employer, such employer shall forthwith pay to the
[chairman] CHAIR, for credit to the fund, the sum so expended or one
[per cent] PERCENT of his OR HER payroll for his OR HER employees in
employment during the period of non-compliance, whichever is greater;
provided, however, that if it shall appear to the satisfaction of the
[chairman] CHAIR that the default in payment of benefits or the non-com-
pliance of the employer otherwise with his OR HER obligation under this
article was inadvertent, the [chairman] CHAIR may fix the sum payable in
such case for non-compliance or default at the amount paid out of the
fund and a sum less than one [per cent] PERCENT of such payroll, and in
addition the penalties for non-compliance imposed under this article. In
case of failure of the carrier to pay benefits, the employer shall
forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum
so expended.
3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER
SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO
THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE-
AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A
PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS
OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE
AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE
THIS AUTHORITY ONLY IF IT IS THE EMPLOYER'S FIRST TIME VIOLATION OF
SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER; THE EMPLOYER IS NOT
LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY
LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS
PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF
COVERAGE.
S 16. Section 217 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167 of
the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the
laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of
1994, is amended to read as follows:
S 217. Notice and proof of claim. 1. Written notice and proof of
disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the
employer by or on behalf of the employee claiming benefits or, in the
case of a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of disa-
bility. Additional proof shall be furnished thereafter from time to time
as the employer or carrier or chair may require but not more often than
once each week. Such proof shall include a statement of disability by
the employee's attending physician or attending podiatrist or attending
chiropractor or attending dentist or attending psychologist or attending
certified nurse midwife OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE
PROVIDER, or in the case of an employee who adheres to the faith or
teachings of any church or denomination, and who in accordance with its
creed, tenets or principles depends for healing upon prayer through
spiritual means alone in the practice of religion, by an accredited
practitioner, containing facts and opinions as to such disability in
compliance with regulations of the chair. Failure to furnish notice or
proof within the time and in the manner above provided shall not invali-
date the claim but no benefits shall be required to be paid for any
period more than two weeks prior to the date on which the required proof
is furnished unless it shall be shown to the satisfaction of the chair
not to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as possible; provided,
however, that no benefits shall be paid unless the required proof of
S. 6406--C 107 A. 9006--C
disability is furnished within [twenty-six weeks after commencement of
the period of disability] THE PERIOD OF ACTUAL DISABILITY OR FAMILY
LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED UNDER
SECTION TWO HUNDRED FOUR OF THIS ARTICLE. No limitation of time
provided in this section shall run as against any [person] DISABLED
EMPLOYEE who is mentally incompetent, or physically incapable of provid-
ing such notice as a result of a serious medical condition, or a minor
so long as such person has no guardian of the person and/or property.
2. An employee claiming DISABILITY benefits shall, as requested by the
employer or carrier, submit himself or herself at intervals, but not
more than once a week, for examination by a physician or podiatrist or
chiropractor or dentist or psychologist or certified nurse midwife
designated by the employer or carrier. All such examinations shall be
without cost to the employee and shall be held at a reasonable time and
place.
3. The chair OR CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED
TWENTY-ONE OF THIS ARTICLE, may direct the claimant OR FAMILY LEAVE CARE
RECIPIENT to submit to examination by a [physician or podiatrist or
chiropractor or dentist or psychologist] HEALTH CARE PROVIDER designated
by him or her in any case in which the claim to disability OR FAMILY
LEAVE benefits is contested and in claims arising under section two
hundred seven OF THIS ARTICLE, and in other cases as the chair or board
may require.
4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good
cause to submit to any such examination shall disqualify [him] THE
CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of such
refusal, except as to benefits already paid.
5. If benefits required to be paid by this article have been paid to
an employee, further payments for the same disability OR FAMILY LEAVE
shall not be barred solely because of failure to give notice or to file
proof of disability for the period or periods for which such benefits
have been paid.
6. In the event that a claim for DISABILITY benefits is rejected, the
carrier or employer shall send by first class mail written notice of
rejection to the [claimant] EMPLOYEE within forty-five days of receipt
of proof of disability. Failure to mail such written notice of rejection
within the time provided, shall bar the employer or carrier from
contesting entitlement to benefits for any period of disability prior to
such notice but such failure may be excused by the [chairman] CHAIR if
it can be shown to the satisfaction of the [chairman] CHAIR not to have
been reasonably possible to mail such notice and that such notice was
mailed as soon as possible. Such notice shall include a statement, in a
form prescribed by the [chairman] CHAIR, to the effect that the [claim-
ant] EMPLOYEE may, for the purpose of review [by the board], file [with
the chairman] notice that his or her claim has not been paid AS SET
FORTH IN SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE.
S 17. Section 219 of the workers' compensation law, as amended by
chapter 688 of the laws of 1953, is amended to read as follows:
S 219. Enforcement of payment in default. In case of a default in the
payment of any benefits, assessments or penalties payable under this
article by an employer who has failed to comply with the provisions of
section two hundred eleven of this [chapter] ARTICLE or refusal of such
employer to reimburse the fund under section two hundred fourteen OF
THIS ARTICLE for the expenditures made therefrom pursuant to section two
hundred thirteen OF THIS ARTICLE or to deposit within ten days after
demand the estimated value of benefits not presently payable, the
S. 6406--C 108 A. 9006--C
[chairman] CHAIR may file with the county clerk for the county in which
the employer has his principal place of business (1) a certified copy of
the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION
DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF
THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy
of the demand for deposit of security, and thereupon judgment must be
entered in the supreme court by the clerk of such county in conformity
therewith immediately upon such filing.
S 18. Section 220 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387 of
the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of
1979, subdivision 3 as amended by chapter 415 of the laws of 1983,
subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision
5 as amended by chapter 940 of the laws of 1973, subdivision 7 as
amended by chapter 61 of the laws of 1989 and subdivision 8 as amended
by chapter 213 of the laws of 1993, is amended to read as follows:
S 220. Penalties. 1. Any employer who fails to make provision for
payment of disability OR FAMILY LEAVE benefits as required by section
two hundred eleven of this article within ten days following the date on
which such employer becomes a covered employer as defined in section two
hundred two OF THIS ARTICLE shall be guilty of a misdemeanor and upon
conviction be punishable by a fine of not less than one hundred nor more
than five hundred dollars or imprisonment for not more than one year or
both, except that where any person has previously been convicted of a
failure to make provisions for payment of disability OR FAMILY LEAVE
benefits within the preceding five years, upon conviction for a second
violation such person shall be fined not less than two hundred fifty nor
more than one thousand two hundred fifty dollars in addition to any
other penalties including fines otherwise provided by law, and upon
conviction for a third or subsequent violation such person may be fined
up to two thousand five hundred dollars in addition to any other penal-
ties including fines otherwise provided by law. Where the employer is a
corporation, the president, secretary, treasurer, or officers exercising
corresponding functions, shall each be liable under this section.
2. The [chairman] CHAIR or any officer of the board designated by him
OR HER, upon finding that an employer has failed to make provision for
the payment of disability OR FAMILY LEAVE benefits, shall impose upon
such employer a penalty not in excess of a sum equal to one-half of one
per centum of his OR HER weekly payroll for the period of such failure
and a further sum not in excess of five hundred dollars, which sums
shall be paid into the fund created under section two hundred fourteen
OF THIS ARTICLE.
3. If for the purpose of obtaining any benefit or payment under the
provisions of this article, or for the purpose of influencing any deter-
mination regarding any benefit payment, either for himself OR HERSELF or
any other person, any person, employee, employer or carrier wilfully
makes a false statement or representation or fails to disclose a materi-
al fact, he OR SHE shall be guilty of a misdemeanor.
4. Whenever a carrier shall fail to make prompt payment of disability
OR FAMILY LEAVE benefits payable under this article and after hearing
before an officer designated by the [chairman] CHAIR OR A DETERMINATION
BY THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF
THIS ARTICLE, for that purpose, the [chairman] CHAIR OR DESIGNEE shall
determine that failure to make such prompt payment was without just
cause, the [chairman] CHAIR OR DESIGNEE, PURSUANT TO SECTION TWO HUNDRED
TWENTY-ONE OF THIS ARTICLE, shall collect from the carrier a sum not in
S. 6406--C 109 A. 9006--C
excess of twenty-five per centum of the amount of the benefits as to
which the carrier failed to make payment, which sum shall be credited to
the special fund for disability benefits. In addition, the [chairman]
CHAIR OR DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS
ARTICLE, may collect and pay over to the employee the sum of ten dollars
in respect to each week, or fraction thereof, for which benefits have
not been promptly paid.
5. In addition to other penalties herein provided, the [chairman]
CHAIR OR DESIGNEE shall remove from the list of physicians authorized to
render medical care under the provisions of articles one to eight,
inclusive, of this chapter and from the list of podiatrists authorized
to render podiatric care under section thirteen-k of this chapter, and
from the list of chiropractors authorized to render chiropractic care
under section thirteen-l of this chapter the name of any physician or
podiatrist or chiropractor whom [he] THE CHAIR OR DESIGNEE, PURSUANT TO
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, shall find, after
reasonable investigation, has submitted to the employer or carrier or
[chairman] CHAIR in connection with any claim for disability benefits
under this article, a statement of disability that is not truthful and
complete.
6. In addition to other penalties herein provided, any person who for
the purpose of obtaining any benefit or payment under this article or
for the purpose of influencing any determination regarding any benefit
payment, knowingly makes a false statement with regard to a material
fact, shall not be entitled to receive benefits with respect to the
disability claimed or any disability benefits during the period of
twelve calendar months thereafter; but this penalty shall not be applied
more than once with respect to each such offense.
7. All fines imposed under subdivisions one and three OF THIS SECTION,
except as herein otherwise provided, shall be paid directly and imme-
diately by the officer collecting the same to the chair, and be paid
into the state treasury, provided, however, that all such fines
collected by justices of the peace of towns and police justices of
villages shall be paid to the state comptroller in accordance with the
provisions of section twenty-seven of the town law [and section one
hundred eighty-five of the village law, respectively].
8. (a) The head of a state or municipal department, board, commission
or office authorized or required by law to issue any permit for or in
connection with any work involving the employment of employees in
employment as defined in this article, and notwithstanding any general
or special statute requiring or authorizing the issue of such permits,
shall not issue such permit unless proof duly subscribed by an insurance
carrier is produced in a form satisfactory to the chair, that the
payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-ONE, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this article. Nothing herein, however,
shall be construed as creating any liability on the part of such state
or municipal department, board, commission or office to pay any disabil-
ity benefits to any such employee if so employed.
(b) The head of a state or municipal department, board, commission or
office authorized or required by law to enter into any contract for or
in connection with any work involving the employment of employees in
employment as defined in this article, and notwithstanding any general
or special statute requiring or authorizing any such contract, shall not
enter into any such contract unless proof duly subscribed by an insur-
ance carrier is produced in a form satisfactory to the chair, that the
S. 6406--C 110 A. 9006--C
payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND
EIGHTEEN, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this article.
S 19. Section 221 of the workers' compensation law, as separately
amended by chapters 425 and 500 of the laws of 1985, is amended to read
as follows:
S 221. Determination of contested claims for disability AND FAMILY
LEAVE benefits. [Within twenty-six weeks] IN ACCORDANCE WITH REGU-
LATIONS ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written notice
of rejection of claim, the employee may file with the [chairman] CHAIR a
notice that his or her claim for disability OR FAMILY LEAVE benefits has
not been paid, and the employee shall submit proof of disability OR
ENTITLEMENT TO FAMILY LEAVE and of his or her employment, wages and
other facts reasonably necessary for determination of the employee's
right to such benefits. Failure to file such notice within the time
provided, may be excused [by the chairman] if it can be shown [to the
satisfaction of the chairman] not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble. On demand [of the chairman] the employer or carrier shall forth-
with deliver to the [chairman] BOARD the original or a true copy of the
[attending physician's or attending podiatrist's or accredited practi-
tioner's statement] HEALTH CARE PROVIDER'S REPORT, wage and employment
data and all other [papers] DOCUMENTATION in the possession of the
employer or carrier with respect to such claim.
The [board] CHAIR OR DESIGNEE, shall have full power and authority to
determine all issues in relation to every such claim for disability
benefits required or provided under this article, and shall file its
decision in the office of the chairman. Upon such filing, the chairman
shall send to the parties a copy of the decision. Either party may pres-
ent evidence and be represented by counsel at any hearing on such claim.
The decision of the board shall be final as to all questions of fact
and, except as provided in section twenty-three of this chapter, as to
all questions of law. Every decision [of the board] shall be complied
with in accordance with its terms within ten days thereafter except [in
case of appeal] AS PERMITTED BY LAW UPON THE FILING OF A REQUEST FOR
REVIEW, and any payments due under such decision shall draw simple
interest from thirty days after the making thereof at the rate provided
in section five thousand four of the civil practice law and rules. THE
CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION OF CONTESTED CLAIMS
AND REQUESTS FOR REVIEW THEREOF, AND PAYMENT OF COSTS FOR RESOLUTION OF
DISPUTED CLAIMS BY CARRIERS. ANY DESIGNATED PROCESS SHALL AFFORD THE
PARTIES THE OPPORTUNITY TO PRESENT EVIDENCE AND TO BE REPRESENTED BY
COUNSEL IN ANY SUCH PROCEEDING. THE CHAIR SHALL HAVE THE AUTHORITY TO
PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR CLAIMS ARISING
UNDER FAMILY LEAVE, INCLUDING BUT NOT LIMITED TO REFERRAL AND SUBMISSION
OF DISPUTED CLAIMS TO A NEUTRAL ARBITRATOR UNDER THE AUSPICES OF AN
ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION PURSUANT TO ARTICLE SEVENTY-
FIVE OF THE CIVIL PRACTICE LAW AND RULES. NEUTRAL ARBITRATOR SHALL MEAN
AN ARBITRATOR WHO DOES NOT HAVE A MATERIAL INTEREST IN THE OUTCOME OF
THE ARBITRATION PROCEEDING OR AN EXISTING AND SUBSTANTIAL RELATIONSHIP,
INCLUDING BUT NOT LIMITED TO PECUNIARY INTERESTS, WITH A PARTY, COUNSEL
OR REPRESENTATIVE OF A PARTY. ANY DETERMINATION MADE BY ALTERNATIVE
DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY THE BOARD AND THE VENUE
FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION.
S. 6406--C 111 A. 9006--C
S 20. Section 222 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
S 222. Technical rules of evidence or procedure not required. The
[chairman or] CHAIR, the board OR THE CHAIR'S DESIGNEE, PURSUANT TO
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, in making an investi-
gation or inquiry or conducting a hearing shall not be bound by common
law or statutory rules of evidence or by technical or formal rules of
procedure, except as provided by this chapter; but may make such inves-
tigation or inquiry or conduct such hearing in such manner as to ascer-
tain the substantial rights of the parties.
S 21. Sections 223 and 224 of the workers' compensation law, section
223 as added by chapter 600 of the laws of 1949, section 224 as amended
by chapter 334 of the laws of 1978, are amended to read as follows:
S 223. Modification of board decisions or orders. Upon its own motion
or upon the application of any party in interest, the board may at any
time review any decision or order REGARDING DISABILITY BENEFITS and, on
such review, may make a decision ending, diminishing or increasing the
DISABILITY benefits previously ordered, and shall state the reason
therefor. Upon the filing of such decision REGARDING DISABILITY
BENEFITS, the [chairman] CHAIR shall send to each of the parties a copy
thereof. No such review shall affect any previous decision as regards
any moneys REGARDING DISABILITY BENEFITS already paid, except that a
decision increasing the DISABILITY benefit rate may be made effective
from date of commencement of disability, and except that, if any part of
the DISABILITY benefits due is unpaid, a decision decreasing the DISA-
BILITY benefit rate may be made effective from the commencement of disa-
bility, and any payments made prior thereto in excess of such decreased
rate shall be deducted from future DISABILITY benefits in such manner
and by such method as may be determined by the board.
S 224. Appeals. All the provisions of section twenty-three of this
chapter with respect to decisions of the board and appeals from such
decisions shall be applicable to decisions of the board [under this
article] REGARDING DISABILITY BENEFITS and to appeals from such deci-
sions REGARDING DISABILITY BENEFITS as fully in all respects as if the
provisions of section twenty-three OF THIS CHAPTER were fully set forth
in this article except that reimbursement FOR DISABILITY BENEFITS, if
required, following modification or rescission upon appeal shall be paid
from administrative expenses as provided in section two hundred twenty-
eight of this article.
S 22. Section 225 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
S 225. Fees for representing employees. Claims of attorneys and coun-
sellors-at-law for services in connection with any contested claim aris-
ing under this article shall not be enforceable unless approved by the
board. If so approved, such fee or fees shall become a lien upon the
benefits ordered, but shall be paid therefrom only in the manner fixed
by the board OR THE ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION. Any
other person, firm, corporation, organization, or other association who
shall exact or receive any fee or gratuity for any services rendered on
behalf of an employee except in an amount SO determined [by the board]
shall be guilty of a misdemeanor. Any person, firm, corporation, organ-
ization, or association who shall solicit the business [of appearing
before the board on behalf] of an employee claiming benefits under this
article, or who shall make it a business to solicit employment for a
lawyer in connection with any claim for disability OR FAMILY LEAVE bene-
fits under this article, or who shall exact or receive any fee or gratu-
S. 6406--C 112 A. 9006--C
ity or other charge with respect to the collection of any uncontested
claim for disability OR FAMILY LEAVE benefits, shall be guilty of a
misdemeanor.
S 23. Subdivision 5 of section 226 of the workers' compensation law,
as amended by chapter 211 of the laws of 1983, is amended and three new
subdivisions 7, 8 and 9 are added to read as follows:
5. No contract of insurance issued by an insurance carrier providing
the benefits to be paid under this article shall be cancelled within the
time limited in such contract for its expiration unless notice is given
as required by this section. When cancellation is due to non-payment of
premiums such cancellation shall not be effective until at least ten
days after a notice of cancellation of such contract, on a date speci-
fied in such notice, shall be filed in the office of the [chairman]
CHAIR and also served on the employer. When cancellation is due to any
reason other than non-payment of premiums such cancellation shall not be
effective until at least thirty days after a notice of cancellation of
such contract, on a date specified in such notice, shall be filed in the
office of the [chairman] CHAIR and also served on the employer;
provided, however, in either case that if insurance with another insur-
ance carrier has been obtained which becomes effective prior to the
expiration of the time stated in such notice, the cancellation shall be
effective as of the date of such other coverage. Such notice shall be
served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv-
ering it to him [or by sending it by certified or registered mail,
return receipt requested, addressed to the employer at his or its last
known place of business] OR HER BY ELECTRONIC MEANS; provided that, if
the employer be a partnership, then such notice may be given to any one
of the partners, and if the employer be a corporation then the notice
may be given to any agent or officer of the corporation upon whom legal
process may be served, provided, however, the right to cancellation of a
policy of insurance in the state fund shall be exercised only for
nonpayment of premiums or as provided in section ninety-four of this
chapter.
7. THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF FAMILY
LEAVE INSURANCE CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE
RESOLVED BY DESIGNATED ALTERNATIVE DISPUTE RESOLUTION PROCESS IN ACCORD-
ANCE WITH SUCH REGULATIONS.
8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW.
9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED
ELEVEN OF THIS ARTICLE, EVERY POLICY OF INSURANCE ISSUED PURSUANT TO
THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY AND FAMILY LEAVE
BENEFITS.
S 24. The section heading of section 227 of the workers' compensation
law, as amended by chapter 805 of the laws of 1984, is amended to read
as follows:
Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation.
S 25. Intentionally omitted.
S 26. Section 229 of the workers' compensation law, as amended by
chapter 271 of the laws of 1985, is amended to read as follows:
S 229. Posting of notice and providing of notice of rights. 1. Each
covered employer shall post and maintain in a conspicuous place or plac-
es in and about the employer's place or places of business typewritten
or printed notices in form prescribed by the [chairman] CHAIR, stating
S. 6406--C 113 A. 9006--C
that the employer has provided for the payment of disability AND FAMILY
LEAVE benefits as required by this article. The [chairman] CHAIR may
require any covered employer to furnish a written statement at any time
showing the carrier insuring the payment of benefits under this article
or the manner in which such employer has complied with section two
hundred eleven OF THIS ARTICLE or any other provision of this article.
Failure for a period of ten days to furnish such written statement shall
constitute presumptive evidence that such employer has neglected or
failed in respect of any of the matters so required.
2. Whenever an employee of a covered employer who is eligible for
benefits under section two hundred four of this article shall be absent
from work due to a disability OR TO PROVIDE FAMILY LEAVE as defined in
subdivision nine AND SUBDIVISION FIFTEEN RESPECTIVELY, of section two
hundred one of this article for more than seven consecutive days, the
employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR. The statement shall be provided to the employee within five
business days after the employee's seventh consecutive day of absence
due to disability OR FAMILY LEAVE or within five business days after the
employer [knows or should know] HAS RECEIVED NOTICE that the employee's
absence is due to disability OR FAMILY LEAVE, whichever is later.
S 27. Section 232 of the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
S 232. Fees FOR TESTIMONY of physicians, podiatrists, chiropractors,
dentists [and], psychologists AND HEALTH CARE PROVIDERS. Whenever his
or her attendance at a hearing, DEPOSITION OR ARBITRATION before the
board or [its referees] THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE OF THIS ARTICLE, is required, the attending physician
or attending podiatrist or attending chiropractor or attending dentist
or attending psychologist or attending certified nurse midwife of the
disabled employee, except such physicians as are disqualified from
testifying pursuant to subdivision one of section thirteen-b, or section
nineteen-a of this chapter, and except such podiatrists as are disquali-
fied from testifying under the provisions of section thirteen-k, and
except such chiropractors as are disqualified from testifying under the
provisions of section thirteen-l, and except such psychologists as are
disqualified from testifying under the provisions of section thirteen-m,
OR HEALTH CARE PROVIDER shall be entitled to receive a fee [from the
carrier or the fund established under section two hundred fourteen, in
an amount as directed and fixed by the board, or its referees, and such
fee shall be in addition to any witness fee] IN ACCORDANCE WITH REGU-
LATIONS OF THE CHAIR.
S 28. Section 237 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
S 237. Reimbursement for advance payments by employers. If an employer
has made advance payments of benefits or has made payments to an employ-
ee in like manner as wages during any period of disability OR FAMILY
LEAVE for which such employee is entitled to the benefits provided by
this article, he OR SHE shall be entitled to be reimbursed by the carri-
er out of any benefits due or to become due for the existing disability
OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri-
er prior to payment of the benefits BY THE CARRIER.
S 29. Intentionally omitted.
S 30. Section 239 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
S. 6406--C 114 A. 9006--C
S 239. Representation before the board. Any person, firm, or corpo-
ration licensed by the board under section twenty-four-a OF THIS ARTICLE
or subdivision three-b of section fifty OF THIS CHAPTER shall be deemed
to be authorized to appear in behalf of claimants or self insured
employers, as the case may be, in contested disability OR FAMILY LEAVE
claims under this article.
S 31. The section heading and the opening paragraph of section 120 of
the workers' compensation law, as amended by chapter 61 of the laws of
1989, are amended to read as follows:
Discrimination against employees [who bring proceedings]. It shall be
unlawful for any employer or his or her duly authorized agent to
discharge OR FAIL TO REINSTATE PURSUANT TO SECTION TWO HUNDRED THREE-B
OF THIS CHAPTER, or in any other manner discriminate against an employee
as to his or her employment because such employee has claimed or
attempted to claim compensation from such employer, OR CLAIMED OR
ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because
he or she has testified or is about to testify in a proceeding under
this chapter and no other valid reason is shown to exist for such action
by the employer.
S 32. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
2. The purposes of the state insurance fund herein created are hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR the payment of the benefits required by section two hundred four of
this chapter INCLUDING BENEFITS FOR FAMILY LEAVE. A separate fund is
hereby created within the state insurance fund, which shall be known as
the "disability benefits fund", and which shall consist of all premiums
received and paid into said fund on account of such insurance, all secu-
rities acquired by and through the use of moneys belonging to said fund
and of interest earned upon moneys belonging to said fund and deposited
or invested as herein provided. Said disability benefits fund shall be
applicable to the payment of benefits, expenses and assessments on
account of insurance written pursuant to article nine of this chapter.
PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN
ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE
INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB-
LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES.
S 33. Section 88-c of the workers' compensation law, as added by chap-
ter 103 of the laws of 1981, is amended to read as follows:
S 88-c. Coverage of state employees. Notwithstanding any other
provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO
HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the
payment of compensation under this chapter heretofore existing or here-
inafter arising shall be secured by an insuring agreement to be entered
into between the department of civil service and the state insurance
fund wherein the state, from moneys appropriated therefor, shall pay in
advance to the fund on a periodic basis the actual costs to the fund for
the meeting and paying, as the same become due and payable, all obli-
gations incurred under this chapter by the state as an employer.
Notwithstanding any law to the contrary, the fund may on an actuarially
sound basis provide to the state insurance for any portion of the obli-
gations of the state as employer under this chapter with respect to
injuries or deaths resulting from accidents arising out of and in the
course of employment on or after April first, nineteen hundred eighty-
S. 6406--C 115 A. 9006--C
one. All such payments made by the state and paid into the state fund
shall constitute a separate account in the fund to be used solely for
the purpose of discharging all compensation obligations of the state
pursuant to the provisions of this chapter and in accordance with the
insuring agreement as provided in this section. Any portion of the
account may be invested in the same manner as the assets of the fund as
provided in section eighty-seven of this article. The liability of the
fund for the payment of any claims or the meeting of any obligations of
the state as an employer as provided in this chapter shall not exceed
the moneys paid into such separate account and any increments or diminu-
tions thereof. The agreement shall further provide that the fund shall
render all services and make all reasonable expenditures necessary or
required for the processing, defense and payment of all claims under
this chapter, including the protection of liens, subrogation, credit and
other rights of the state as an employer or the fund as an insurer, in
situations where the employees' injuries or deaths were caused by culpa-
bility of third parties. Except to the extent that the state obtains
insurance on an actuarially sound basis pursuant to the provisions of
this section, the provisions of section eighty-six of this chapter with
respect to the maintenance of reserves for the purpose of meeting antic-
ipated compensation losses, shall not in any manner be applicable to
claims of employees of the state with respect to injuries or deaths
resulting from accidents arising out of and in the course of employment
prior to April first, nineteen hundred eighty-one, or to an insuring
agreement entered into between the state insurance fund and the depart-
ment of civil service in accordance with the provisions of this section.
S 34. Subdivision 1 of section 141-a of the workers' compensation law,
as added by chapter 6 of the laws of 2007, is amended to read as
follows:
1. To investigate violations of sections fifty-two [and], one hundred
thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or
her designees shall have the power to:
(a) Enter and inspect any place of business at any reasonable time for
the purpose of investigating employer compliance.
(b) Examine and copy business records.
(c) Administer oaths and affirmations.
(d) Issue and serve subpoenas for attendance of witnesses or
production of business records, books, papers, correspondence, memoran-
da, and other records. Such subpoenas may be served without the state on
any defendant over whom a New York court would have personal jurisdic-
tion under the civil practice law and rules as to the subject matter
under investigation, provided the information or testimony sought bears
a reasonable relationship to the subject matter under investigation.
S 35. Section 318 of the workers' compensation law, as added by chap-
ter 788 of the laws of 1951, is amended to read as follows:
S 318. Rules of evidence; modification of board decisions or orders;
appeals. The provisions of [sections] SECTION two hundred twenty-two [,
two hundred twenty-three and two hundred twenty-four] OF THIS CHAPTER
are made applicable to claims for compensation under this article.
S 36. Paragraph 3 of subsection (a) of section 1113 of the insurance
law is amended to read as follows:
(3) "Accident and health insurance," means (i) insurance against death
or personal injury by accident or by any specified kind or kinds of
accident and insurance against sickness, ailment or bodily injury,
including insurance providing disability AND FAMILY LEAVE benefits
pursuant to article nine of the workers' compensation law, except as
S. 6406--C 116 A. 9006--C
specified in item (ii) hereof; and (ii) non-cancellable disability
insurance, meaning insurance against disability resulting from sickness,
ailment or bodily injury (but excluding insurance solely against acci-
dental injury) under any contract which does not give the insurer the
option to cancel or otherwise terminate the contract at or after one
year from its effective date or renewal date.
S 37. Paragraphs 1 and 4 of subsection (h) of section 4235 of the
insurance law are amended and a new subsection (n) is added to read as
follows:
(1) Each domestic insurer and each foreign or alien insurer doing
business in this state shall file with the superintendent its schedules
of premium rates, rules and classification of risks for use in
connection with the issuance of its policies of group accident, group
health or group accident and health insurance, and of its rates of
commissions, compensation or other fees or allowances to agents and
brokers pertaining to the solicitation or sale of such insurance and of
such fees or allowances, exclusive of amounts payable to persons who are
in the regular employ of the insurer, other than as agent or broker to
any individuals, firms or corporations pertaining to such class of busi-
ness, whether transacted within or without the state. A GROUP ACCIDENT
AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE-
FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE
SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION.
(4) Nothing herein shall prohibit the state insurance fund from taking
into account peculiar hazards of individual risks in establishing higher
premium rates to be charged for insurance providing for the payment of
disability [or] AND FAMILY LEAVE benefits in accordance with article
nine of the workers' compensation law.
(N)(1) ON OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER-
INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE
CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE
WHETHER THE FAMILY LEAVE BENEFIT COVERAGE OF A GROUP ACCIDENT AND HEALTH
INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT
TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW, INCLUDING POLICIES
ISSUED BY THE STATE INSURANCE FUND, SHALL BE EXPERIENCE RATED OR COMMU-
NITY RATED, WHICH MAY INCLUDE SUBJECTING THE FAMILY LEAVE BENEFIT COVER-
AGE OF THE POLICY TO A RISK ADJUSTMENT MECHANISM. NOTWITHSTANDING ANY
LAW TO THE CONTRARY, THE SUPERINTENDENT SHALL ESTABLISH THE RATES FOR
ANY COMMUNITY RATED FAMILY LEAVE BENEFIT COVERAGE AND SHALL APPLY
COMMONLY ACCEPTED ACTUARIAL PRINCIPLES TO ESTABLISH COMMUNITY RATED
FAMILY LEAVE BENEFIT COVERAGE RATES THAT ARE NOT EXCESSIVE, INADEQUATE
OR UNFAIRLY DISCRIMINATORY. ON JUNE FIRST, TWO THOUSAND SEVENTEEN AND ON
SEPTEMBER FIRST OF EACH YEAR THEREAFTER THE SUPERINTENDENT SHALL PUBLISH
ALL COMMUNITY RATED FAMILY LEAVE BENEFIT RATES FOR THE POLICY PERIOD
BEGINNING ON THE FOLLOWING JANUARY FIRST.
(2) IF THE POLICY IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE
SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH THE
CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK
ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY THE SUPERINTEN-
DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR
OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY
VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA-
TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
(3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION MEANS THE
PROCESS USED TO EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG
S. 6406--C 117 A. 9006--C
INSURERS IN ORDER TO PROTECT INSURERS FROM DISPROPORTIONATE ADVERSE
RISKS.
S 38. Subdivision (c) of section 1108 of the insurance law, as amended
by chapter 838 of the laws of 1985, is amended to read as follows:
(c) The state insurance fund of this state, except as to the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine, section three thousand one hundred ten, subsection (a), para-
graph one of subsection (b), paragraph three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred four, subsections
(a) through (d) of section three thousand two hundred twenty-one,
subsections (b) and (c) of section four thousand two hundred twenty-
four, section four thousand two hundred twenty-six and subsections (a)
and (b) [and], (g) through (j), AND (N) of section four thousand two
hundred thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
S 39. Section 242 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
S 242. Separability of provisions; FEDERAL LAW; REGULATIONS. 1. If
any provision of this [act] ARTICLE or the application thereof to any
person or circumstances is held invalid, the remainder of this [act]
ARTICLE and the application of such provision to other persons or
circumstances shall not be affected thereby.
2. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED SO AS TO
CREATE A CONFLICT WITH FEDERAL LAW.
3. THE CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS TO EFFECTUATE
ANY OF THE PROVISIONS OF THIS ARTICLE.
S 40. This act shall take effect April 1, 2016 and shall apply to all
policies or contracts issued, renewed, modified, altered or amended on
or after such effective date; provided, however, that 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 and directed to be made and completed on or before such
effective date.
PART TT
Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public
authorities law are REPEALED and subdivision 14 of such section is
renumbered subdivision 10.
S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities
law, subdivision 6 as amended by chapter 506 of the laws of 2009, and
subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are
amended to read as follows:
6. To appoint officers, agents and employees and fix their compen-
sation, provided, however, that the appointment of the executive direc-
tor shall be subject to confirmation by the senate in accordance with
section twenty-eight hundred fifty-two of this chapter; subject however
to the provisions of the civil service law, which shall apply to the
authority [and to the subsidiary corporation thereof] as a municipal
corporation other than a city;
8. Subject to agreements with noteholders or bondholders, to fix and
collect such fees, rentals and charges for the use of the thruway
[system] or any part thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the expense of
maintenance and operation and to fulfill the terms of any agreements
S. 6406--C 118 A. 9006--C
made with the holders of its notes or bonds, and to establish the rights
and privileges granted upon payment thereof[; provided, however, that
tolls may only be imposed for the passage through locks and lift bridges
by vessels which are propelled in whole or in part by mechanical power;
and provided further that no tolls shall be imposed or collected prior
to the first day of April, nineteen hundred ninety-three].
10. To construct, reconstruct or improve on or along the thruway
[system] in the manner herein provided, suitable facilities for gas
stations, restaurants, and other facilities for the public, or to lease
the right to construct, reconstruct or improve and operate such facili-
ties; such facilities shall be publicly offered for leasing for opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities shall be publicly offered under rules and regulations to be
established by the authority, provided, however, that lessees operating
such facilities at the time this act becomes effective, may reconstruct
or improve them or may construct additional like facilities, in the
manner and upon such terms and conditions as the board shall determine[;
and provided further, however, that such facilities constructed, recon-
structed or improved on or along the canal system shall be consistent
with the canal recreationway plan approved pursuant to section one
hundred thirty-eight-c of the canal law and section three hundred eight-
y-two of this title];
S 3. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:
S 355. Officers and employees; transfer, promotion and seniority. 1.
Officers and employees of state departments, agencies, [or the canal
corporation] OR DIVISIONS may be transferred to the authority and offi-
cers, agents and employees of the authority may be transferred to state
departments, agencies, [or the canal corporation] OR DIVISIONS, without
examination and without loss of any civil service status or rights. No
such transfer from the authority [or canal corporation] to any state
department, agency, or division may, however, be made except with the
approval of the head of the state department, agency, or division
involved and the director of the budget and in compliance with the rules
and regulations of the state civil service commission.
2. Promotions from positions in state departments and agencies to
positions in the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from promotion
examinations in which employees of the authority[, employees of the
canal corporation,] and employees of the state are eligible to partic-
ipate.
3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of the authority a period of prior employment in the service of the
state shall be counted in the same manner as though such period of
employment had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service of
the authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes of
the establishment and certification of preferred lists, employees
suspended from the authority shall be eligible for reinstatement in the
service of the state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of the
state. [All provisions contained within this subdivision shall apply to
S. 6406--C 119 A. 9006--C
the canal corporation in the same manner that they apply to the authori-
ty.]
S 4. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
S 357. Right of authority to use state property; payment for improve-
ments. On assuming jurisdiction of a thruway highway section or
connection or any part thereof, or of a highway connection, [or of the
New York state canal system,] the authority shall have the right to
possess and use for its corporate purposes so long as its corporate
existence shall continue, any real property and rights in real property
theretofore acquired by the state, including all improvements thereon
[and state canal lands and properties; provided that the use by the
authority of canal lands and properties for highway purposes shall not
interfere with the use thereof for canal purposes].
S 5. Subdivisions 2 and 3 of section 357-a of the public authorities
law are REPEALED and subdivision 1, as added by section 1 of part E of
chapter 58 of the laws of 2013, is amended to read as follows:
1. Enforcement assistance [shall be] provided by the division of state
police at [a level consistent with historical precedents, as a matter of
state interest, on all sections of the thruway. The authority shall
provide goods and services to the division of state police in connection
with its enforcement activity on the thruway. The division of state
police and the authority shall enter into an agreement identifying those
goods and services that the authority will provide to the division of
state police and determine reporting and other requirements related
thereto. Any costs borne by the state police outside of such agreement
shall not be reimbursed by the authority nor shall they be deemed costs
of the authority] THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY
THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE GENERAL RESERVE
FUND ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS,
AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY.
THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE NEW
YORK STATE THRUWAY AUTHORITY ACCOUNT, REVENUES RECEIVED FROM THE AUTHOR-
ITY AS REIMBURSEMENT FOR PERSONAL SERVICE EXPENSES INCLUDING GENERAL
STATE CHARGES. IN ADDITION, THE AUTHORITY SHALL REIMBURSE THE DIVISION
OF STATE POLICE FOR NON-PERSONAL SERVICE EXPENSES CONNECTED WITH SUCH
ASSISTANCE. SUCH REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE
FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR NON-PER-
SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO
PAYMENTS MADE BY THE AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED
OPERATING EXPENSES OF THE AUTHORITY.
S 6. Subdivision 1 of section 359 of the public authorities law, as
amended by chapter 766 of the laws of 1992, is amended to read as
follows:
1. On assuming jurisdiction of a thruway section or connection or any
part thereof, or of a highway connection, [or of the New York state
canal system,] the authority shall proceed with the construction, recon-
struction or improvement thereof. All such work shall be done pursuant
to a contract or contracts which shall be let to the lowest responsible
bidder, by sealed proposals publicly opened, after public advertisement
and upon such terms and conditions as the authority shall require;
provided, however, that the authority may reject any and all proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion, the best interests of the authority will thereby be promoted;
provided further, however, that at the request of the authority, all or
any portion of such work, together with any engineering required by the
S. 6406--C 120 A. 9006--C
authority in connection therewith, shall be performed by the commission-
er and his subordinates in the department of transportation as agents
for, and at the expense of, the authority.
S 7. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
S 359-a. Procurement contracts. For the purposes of section twenty-
eight hundred seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract" shall mean
any written agreement for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or esti-
mated amount of fifteen thousand dollars or more.
S 8. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
S 360. Operation and maintenance. Operation and maintenance by the
authority of any thruway section or connection or any part thereof or of
a highway connection[, the New York state canal system] of which it has
assumed jurisdiction shall be performed (a) by the use of authority
forces and equipment at the expense of the authority or by agreement at
the expense of the state or other parties; (b) by contract with munici-
palities or independent contractors; (c) at the request of the authori-
ty, by the commissioner and his subordinates in the department of trans-
portation as agents for, and at the expense of the authority, or (d) by
a combination of such methods.
S 9. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
S 362. Assistance by state officers, departments, boards, divisions
and commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions shall render services within their respective functions. At the
request of the authority, services in connection with the collection of
any charges or fees for the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department of
motor vehicles.
S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision
3 of section 365 of the public authorities law, as amended by chapter
766 of the laws of 1992, are amended to read as follows:
(a) Subject to the provisions of section three hundred sixty-six of
this title, the authority shall have the power and is hereby authorized
from time to time to issue its negotiable notes and bonds in conformity
with applicable provisions of the uniform commercial code in such prin-
cipal amount as, in the opinion of the authority, shall be necessary to
provide sufficient moneys for achieving the corporate purposes thereof,
including construction, reconstruction and improvement of the thruway
sections and connections, and highway connections herein described, [the
New York state canal system subject to the provisions of section three
hundred eighty-three of this title,] together with suitable facilities
and appurtenances, the payment of all indebtedness to the state, the
cost of acquisition of all real property, the expense of maintenance and
operation, interest on notes and bonds during construction and for a
reasonable period thereafter, establishment of reserves to secure notes
or bonds, and all other expenditures of the authority incident to and
necessary or convenient to carry out its corporate purposes and powers.
S. 6406--C 121 A. 9006--C
(i) the acquisition of jurisdiction over, and of property for, thru-
ways, [the New York state canal system,] and the construction, recon-
struction, improvement, maintenance or operation thereof;
S 11. Section 382 of the public authorities law is REPEALED.
S 12. Section 383 of the public authorities law is REPEALED.
S 13. Section 388 of the public authorities law, as added by chapter
500 of the laws of 2011, is amended to read as follows:
S 388. Limitation on powers of the authority. A department, authority,
division or agency of the state shall not offer or permit any officer or
employee of such department, authority, division or agency to use a pass
to access and/or use the thruway [system] without the officer's or
employee's personal payment of tolls except when the use of such a pass
and/or use of the thruway [system] without personal payment of tolls
occurs in the normal course of the employment or duties of such officer
or employee. This section shall not diminish the rights of any employee
pursuant to a collective bargaining agreement.
S 14. Subdivisions 18 and 21 of section 2 of the canal law, subdivi-
sion 18 as amended and subdivision 21 as renumbered by chapter 335 of
the laws of 2001, subdivision 21 as added by chapter 442 of the laws of
1996, are amended and a new subdivision 24 is added to read as follows:
18. "Authority" shall mean the [New York state thruway authority, a
body corporate and politic constituting a public corporation created and
constituted pursuant to title nine of article two] POWER AUTHORITY OF
THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI-
TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE
ONE OF ARTICLE FIVE of the public authorities law.
21. "Corporation" AND "CANAL CORPORATION" shall mean the New York
state canal corporation, [a subsidiary of the New York state thruway
authority,] A PUBLIC BENEFIT CORPORATION created pursuant to [section
three hundred eighty-two of the public authorities law] CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN-
UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY
OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE
THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW.
24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE
PUBLIC AUTHORITIES LAW.
S 15. The article heading of article 1-A of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY]
POWER AUTHORITY OF THE STATE OF NEW YORK
S 16. Section 5 of the canal law, as amended by amended chapter 335 of
the laws of 2001, is amended to read as follows:
S 5. Transfer of powers and duties relating to canals and canal lands
to the [New York state thruway authority] POWER AUTHORITY OF THE STATE
OF NEW YORK. The powers and duties of the [commissioner of transporta-
tion] THRUWAY AUTHORITY relating to the New York state canal system as
set forth in articles one through and including fourteen, except article
seven, of this chapter, and except properties in use on the effective
date of this article in support of highway maintenance, equipment
management and traffic signal operations of the department of transpor-
tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION TO
THE THRUWAY AUTHORITY, are hereby transferred to and merged with the
authority, to be exercised by the authority DIRECTLY OR THROUGH THE
CANAL CORPORATION on behalf of the people of the state of New York. In
S. 6406--C 122 A. 9006--C
addition, the commissioner of transportation and the [chairman] CHAIR of
the authority OR HIS OR HER DESIGNEE may, in their discretion, enter
into an agreement or agreements transferring the powers and duties of
the commissioner of transportation relating to any or all of the bridges
and highways as set forth in article seven of this chapter, to be exer-
cised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on
behalf of the people of the state of New York, and, AS DETERMINED TO BE
FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into an
agreement or agreements DIRECTLY OR THROUGH THE CANAL CORPORATION for
the financing, construction, reconstruction or improvement of lift and
movable bridges on the canal system. Such powers shall be in addition to
other powers enumerated in title [nine] ONE of article [two] FIVE of the
public authorities law. All of the provisions of title [nine] ONE of
article [two] FIVE of such law which are not inconsistent with this
chapter shall apply to the actions and duties of the authority pursuant
to this chapter. The authority shall be deemed to be the state in exer-
cising the powers and duties transferred pursuant to this section but
for no other purposes.
S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6 of the canal law,
subdivisions 2 and 5 as added by chapter 766 of the laws of 1992, and
subdivisions 1, 3 and 4 as amended by chapter 335 of the laws of 2001,
are amended to read as follows:
1. The jurisdiction of the [commissioner of transportation] THRUWAY
AUTHORITY over the New York state canal system and over all state
assets, equipment and property, both tangible and intangible, owned or
used in connection with the planning, development, construction, recon-
struction, maintenance and operation of the New York state canal system,
as set forth in articles one through and including fourteen, except
article seven, of this chapter, and except properties in use on the
effective date of this article in support of highway maintenance, equip-
ment management and traffic signal operations of the department of
transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPOR-
TATION TO THE THRUWAY AUTHORITY, are hereby transferred without consid-
eration to the authority, to be held by the authority in the name of the
people of the state of New York. In addition the commissioner of trans-
portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG-
NEE may, in their discretion, enter into an agreement or agreements
transferring jurisdiction over any or all of the bridges and highways
set forth in article seven of this chapter, and any or all state assets,
equipment and property, both tangible and intangible, owned or used in
connection with the planning, development, construction, reconstruction,
maintenance and operation of such bridges and highways, which shall be
transferred without consideration to the authority, to be held by the
authority through the corporation in the name of the people of the state
of New York. Any other rights and obligations resulting from or arising
out of the planning, development, construction, reconstruction, opera-
tion or maintenance of the New York state canal system shall be deemed
assigned to and shall be exercised by the authority through the corpo-
ration, except that the authority may designate the [commissioner of
transportation] CHAIR OF THE THRUWAY AUTHORITY to be its agent for the
operation and maintenance of the New York state canal system, provided
that such designation shall have no force or effect after [March thir-
ty-first, nineteen hundred ninety-three] JANUARY FIRST, TWO THOUSAND
SEVENTEEN. Such canal system shall remain the property of the state and
under its management and control as exercised by and through the author-
ity, through the corporation which shall be deemed to be the state for
S. 6406--C 123 A. 9006--C
the purposes of such management and control of the canals but for no
other purposes.
2. The department of transportation AND THRUWAY AUTHORITY shall deliv-
er to the authority all books, policies, procedures, papers, plans,
maps, records, equipment and property of such department pertaining to
the functions transferred pursuant to this article.
3. All rules, regulations, acts, determinations, orders and decisions
of the commissioner of transportation [and of the], department of trans-
portation, OR THRUWAY AUTHORITY pertaining to the functions transferred
pursuant to this article in force at the time of such transfer shall
continue in force and effect as rules, regulations, acts, determi-
nations, orders and decisions of the authority and corporation until
duly modified or abrogated by such authority [and] OR corporation.
4. Any business or other matters undertaken or commenced by the
[commissioner of transportation or the department of transportation]
THRUWAY AUTHORITY, including executed contracts, permits and other
agreements, BUT EXCLUDING BONDS, NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS, pertaining to or connected with the [functions,] powers, [obli-
gations and] duties AND OBLIGATIONS transferred pursuant to this arti-
cle, and in effect on the effective date [hereof] OF THE TRANSFER OF
SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN
THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE
THRUWAY AUTHORITY, be conducted and completed by the authority through
the corporation in the same manner and under the same terms and condi-
tions and with the same effect as if conducted and completed by the
[commissioner of transportation or the department of transportation]
THRUWAY AUTHORITY, PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY ACTION IN A MANNER THAT
WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR
NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI-
TY'S BONDS, NOTES OR OTHER OBLIGATIONS.
5. No existing rights or remedies of the state, [including the]
authority, THRUWAY AUTHORITY, OR CANAL CORPORATION shall be lost,
impaired or affected by reason of this article.
S 18. Subdivision 6 of section 6 of the canal law, as added by chapter
766 of the laws of 1992, paragraph (b) as amended by chapter 335 of the
laws of 2001, is amended and a new subdivision 7 is added to read as
follows:
6. (a) No action or proceeding pending on the effective date of [this
article,] THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU-
WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR-
ITY, the commissioner of transportation [or], THE CORPORATION, the
department of transportation OR THE AUTHORITY shall be affected by this
article. Any liability arising out of any act or omission occurring
prior to the effective date of the transfer of THE powers [and], duties
[authorized herein] AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE
AUTHORITY, of the officers, employees or agents of THE THRUWAY AUTHORI-
TY, the department of transportation, or any other agency of the state,
other than the authority, in the performance of their obligations or
duties under the canal law, any other law of the state or any federal
law, or pursuant to a contract entered into prior to the effective date
of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the
department of transportation or such other agency of the state and not
of the authority.
(b) Notwithstanding any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold harm-
S. 6406--C 124 A. 9006--C
less the THRUWAY authority [and], THE corporation AND THE AUTHORITY for
any and all claims, damages, or liabilities, whether or not caused by
negligence, including civil and criminal fines, arising out of or relat-
ing to any generation, processing, handling, transportation, storage,
treatment, or disposal of solid or hazardous wastes in the canal system
by any person or entity other than the THRUWAY AUTHORITY OR THE authori-
ty occurring prior to [the effective date of the transfer of powers and
duties authorized herein] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO.
Such indemnification shall extend to, without limitation, any releases
into land, water or air, including but not limited to releases as
defined under the federal comprehensive environmental response compen-
sation and liability act of nineteen hundred eighty, occurring or exist-
ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN
HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION
AND THE authority shall cooperate in the investigation and remediation
of hazardous waste and other environmental problems.
(C) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND
HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING
CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY GENERATION,
PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF
SOLID OR HAZARDOUS WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY
OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN HUNDRED
NINETY-TWO AND NO LATER THAN THE EFFECTIVE DATE OF THE TRANSFER OF
POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR-
ITY. SUCH INDEMNIFICATION SHALL EXTEND TO, WITHOUT LIMITATION, ANY
RELEASES INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES
AS DEFINED UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE
COMPENSATION AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR
EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES
AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED
THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN THE INVESTI-
GATION AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB-
LEMS.
(D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI-
TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE,
ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD,
NINETEEN HUNDRED NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND
OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE
SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING OUT
OF SUCH ACTS OR OMISSIONS.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION
WITH THE TRANSFER OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY
AND THE ASSUMPTION OF MANAGEMENT OF THE CORPORATION AS A SUBSIDIARY
CORPORATION OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN WHICH ADDED THIS SUBDIVISION, THE THRUWAY AUTHORITY
SHALL HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS,
MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED NECESSARY
AND IN THE PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF
THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE-
MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL, STATE,
MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S
EXISTING FINANCIAL OR OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION
OVER THE CANAL SYSTEM AND THE CORPORATION.
S. 6406--C 125 A. 9006--C
S 19. Subdivisions 2 and 5 of section 92-u of the state finance law,
subdivision 2 as added by chapter 766 of the laws of 1992, and subdivi-
sion 5 as amended by chapter 483 of the laws of 1996, are amended to
read as follows:
2. Such fund shall consist of all revenues received from the operation
of the New York state canal system as defined in section three hundred
fifty-one of the public authorities law and section two of the canal
law, including payments on leases for use of canal lands, terminals and
terminal lands, tolls received for lock and lift bridge passage,
payments for hydroelectric easements and sales, for purchase of other
abandoned canal lands, payments for any permits and leases for use of
the water and lands of the system and payments for use of dry docks and
other moneys made available to the fund from any other source other than
a grant, loan or other inter-corporate transfer of funds of the [New
York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK,
and any income earned by, or incremental to, the fund due to investment
thereof, or any repayment of any moneys advanced by the fund.
5. Moneys of the fund, following appropriation by the legislature,
shall be available to the [New York state thruway authority] POWER
AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author-
ity or [subsidiary corporation thereof] THE CANAL CORPORATION only for
the maintenance, construction, reconstruction, development or promotion
of the canal system[; provided, however, that in the initial years,
expenditures of moneys of the fund for the development and/or promotion
of the canal system shall be accorded a priority by the authority or
subsidiary corporation thereof]. In addition, moneys of the fund may be
used for the purposes of interpretive signage and promotion for appro-
priate historically significant Erie canal lands and related sites.
Moneys shall be paid out of the fund by the state comptroller on certif-
icates issued by the director of the budget.
S 20. Notwithstanding any other provision of law, the power authority
of the state of New York ("power authority"), New York state thruway
authority and New York state canal corporation ("canal corporation"),
and any other state or municipal agency, department, office, board,
division, commission, public authority or public benefit corporation may
enter into such agreements and understandings relating to the transition
of the canal corporation to its status as a subsidiary of the power
authority and for the administration, maintenance and operation of the
canal corporation and the canal system as they may deem necessary or
desirable.
S 21. Section 1005 of the public authorities law is amended by adding
a new subdivision 25 to read as follows:
25. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO ACCEPT GIFTS,
GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN ANY FORM FROM
THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM
THE STATE OR ANY OTHER SOURCE (COLLECTIVELY, "RESOURCES"), AND ENTER
INTO CONTRACTS OR OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO
USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES.
S 22. The public authorities law is amended by adding a new section
1005-b to read as follows:
S 1005-B. NEW YORK STATE CANAL CORPORATION. 1. THE PUBLIC BENEFIT
CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER
REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A SUBSIDIARY CORPO-
RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY
S. 6406--C 126 A. 9006--C
AND SHALL HAVE ONLY THE POWER TO OPERATE, MAINTAIN, CONSTRUCT, RECON-
STRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION
PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED TO AS
THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, OR IN ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL
CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY OF THE NEW YORK
STATE THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER-
ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION.
2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE
AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE
TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY TRANSFER TO
THE CANAL CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR
ANY PERSONNEL IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION,
PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE
AUTHORITY TO APPLY ANY MONEYS, REVENUES OR PROPERTY OR TO TAKE ANY
ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY
BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE
AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS.
3. THE CANAL CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS, AND
ACTIVITIES SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS
AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY,
FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE
RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE
CANAL CORPORATION MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR ITS
OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS AS IT MAY DEEM
PROPER.
4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE COURT OF CLAIMS TO
HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO-
RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR
BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE-
MENT, MAINTENANCE OR OPERATION, IN THE SAME MANNER AND TO THE EXTENT
PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT
WITH RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER
JUDGMENTS THEREFOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS
SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION.
5. THE MEMBERS OF THE CANAL CORPORATION SHALL BE THE SAME PERSONS
HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY.
6. NO OFFICER OR MEMBER OF THE CANAL CORPORATION SHALL RECEIVE ANY
ADDITIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A MEMBER,
DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION.
7. THE EMPLOYEES OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE
EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT BY THE CANAL
CORPORATION. ALL OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL
BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL APPLY
TO THE CANAL CORPORATION AND SUCH CORPORATION SHALL BE SUBJECT TO THE
JURISDICTION OF THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE AND THE
NEW YORK STATE CIVIL SERVICE COMMISSION. THE CANAL CORPORATION SHALL
PARTICIPATE IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS OF TWO THOUSAND
SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO AFFECT THE RIGHTS
AND PRIVILEGES OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER
ANY PROVISIONS OF THE CIVIL SERVICE LAW OR ANY EXISTING OR EXPIRED
S. 6406--C 127 A. 9006--C
COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF THE EFFECTIVE DATE OF
TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE
AUTHORITY. ANY SUCH EMPLOYEE WHO AT THE TIME OF SUCH TRANSFER SHALL
HAVE BEEN IN A NEGOTIATING UNIT REPRESENTED BY AN EMPLOYEE ORGANIZATION
WHICH WAS CERTIFIED OR RECOGNIZED PURSUANT TO ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW SHALL CONTINUE TO BE REPRESENTED BY SAID EMPLOYEE
ORGANIZATION. THERE SHALL BE NO REDUCTION OF STAFF, LOSS OF POSITION,
INCLUDING PARTIAL DISPLACEMENT, SUCH AS REDUCTION IN THE HOURS OF
NON-OVERTIME, WAGES, OR EMPLOYMENT BENEFITS AS A RESULT OF THE TRANSFER
OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE AUTHORITY FOR
TWENTY-FOUR MONTHS FOLLOWING SUCH TRANSFER.
8. THE FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE
FISCAL YEAR FOR THE AUTHORITY.
9. THE CANAL CORPORATION SHALL HAVE THE POWER TO:
(A) OPERATE, MAINTAIN, CONSTRUCT, RECONSTRUCT, IMPROVE, DEVELOP,
FINANCE, AND PROMOTE THE CANAL SYSTEM;
(B) SUE AND BE SUED;
(C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
(D) 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;
(E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION;
(F) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP-
TER;
(G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS
CORPORATE PURPOSES;
(H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR
RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
(I) 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;
(J) INVEST ANY FUNDS OF THE CANAL CORPORATION, OR ANY OTHER MONIES
UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR
DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, 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, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER
OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
OF THE STATE FINANCE LAW;
(K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO IT
BY THE AUTHORITY;
(L) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN
OF THE CANAL LAW;
(M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY PLAN
SUBMITTED PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL
LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF THE CANAL RECREA-
TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON-
MENTAL IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE
WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGU-
LATIONS THEREUNDER. PRIOR TO THE IMPLEMENTATION OF ANY SUBSTANTIAL
IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL
CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO SECTION 14.09
OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A
S. 6406--C 128 A. 9006--C
RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS TO
BE IMPROVED OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD-
INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR THE
STATE OR NATIONAL REGISTERS OF HISTORIC PLACES. THE FINDINGS OF SUCH
SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO
DETERMINE WHETHER THE PROPOSED IMPROVEMENTS ARE COMPATIBLE WITH SUCH
HISTORIC BUILDINGS, SITES, AND DISTRICTS;
(N) ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING
BORINGS, SOUNDINGS, AND SURVEYS;
(O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER-
AL GOVERNMENT OR FROM THE STATE OR ANY OTHER FEDERAL OR STATE PUBLIC
BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE
TERMS AND CONDITIONS THEREOF; AND
(P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF
IN ITS DISCRETION THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD
ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION, THE
AUTHORITY, OR THE STATE.
10. (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT-
TED BY THE CANAL RECREATIONWAY COMMISSION PURSUANT TO SECTION ONE
HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW.
(B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER
OF EACH YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR
THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL SYSTEM
DEVELOPMENT FUND PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE
LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL SOURCES APPROPRIATED FROM
THE STATE TREASURY.
(C) IN THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION
TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY THE
COMMISSION TO THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE
CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET SHALL SPECIFY THE
DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES.
11. THE CANAL CORPORATION SHALL NOT HAVE THE POWER TO ISSUE BONDS,
NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING
THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED
TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT
BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY.
12. THE CANAL CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR
CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY
THIS SECTION.
13. THE AUTHORITY AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS,
DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, AND PUBLIC BENEFIT CORPO-
RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION WITHIN THEIR
RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION.
14. WHENEVER ANY STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR-
IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO COOPERATE
AND ENTER INTO AGREEMENTS WITH THE AUTHORITY, SUCH STATE POLITICAL
SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT,
BOARD, DIVISION, OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE
CANAL CORPORATION.
S 23. The public authorities law is amended by adding a new section
1005-c to read as follows:
S 1005-C. ADDITIONAL POWERS OF THE AUTHORITY TO FINANCE CERTAIN
PROJECTS IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE
AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER-
S. 6406--C 129 A. 9006--C
EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS IN
CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR
PURPOSES OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND
IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM.
(B) THE AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF
INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ON A BASIS
SUBORDINATE IN LIEN AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR
LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION.
2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO BONDS, NOTES AND
OTHER EVIDENCE OF INDEBTEDNESS, WHICH ARE NOT INCONSISTENT WITH THIS
SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUD-
ING BUT NOT LIMITED TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING
BONDS THEREOF.
3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI-
TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH FEES, RENTALS AND
CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR
CONVENIENT, WITH AN ADEQUATE MARGIN OF SAFETY, TO PRODUCE SUFFICIENT
REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO FULFILL
THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS,
AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF;
PROVIDED, HOWEVER, THAT TOLLS MAY ONLY BE IMPOSED FOR THE PASSAGE
THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED IN WHOLE
OR IN PART BY MECHANICAL POWER.
S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a
new paragraph (j) is added to read as follows:
(J) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
DIRECTORS, OFFICERS AND EMPLOYEES OF THE THRUWAY AUTHORITY, AND THE
DIRECTORS, OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION. IN THOSE
CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA-
GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS TWO,
THREE, AND FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN
THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI-
TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER,
OR EMPLOYEE OF THE CANAL CORPORATION.
S 25. Subdivisions 9 and 10 of section 481 of the transportation law,
as added by section 1 of part A of chapter 60 of the laws of 2005, are
amended to read as follows:
9. "Canal corporation" shall mean the New York state canal corporation
created [pursuant to section three hundred eighty-two] AS A SUBSIDIARY
CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER
SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER
AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF
SECTION ONE THOUSAND FIVE-B of the public authorities law.
10. "Canal system" shall mean the "New York state canal system"[, as
such term is defined by subdivision ten of section three hundred fifty-
one of the public authorities law] SHALL MEAN ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION OF
THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW.
S 26. Section 33.01 of the parks, recreation and historic preservation
law, as amended by chapter 317 of the laws of 2009, is amended to read
as follows:
S 33.01 New York state heritage areas advisory council. There shall
continue to be in the office a New York state heritage areas advisory
S. 6406--C 130 A. 9006--C
council which shall consist of twenty-six members or their designated
representatives. The commissioner shall be a member of the advisory
council. In addition, the advisory council shall consist of the follow-
ing twenty-five other members: the commissioner of economic development,
to advise and assist regarding related tourism and economic revitaliza-
tion; the commissioner of education, to advise and assist regarding the
interpretive and educational aspects of the programs; the secretary of
state, to advise and assist regarding matters of community development
and state planning and to advise on the identification and preservation
of rural resources; the commissioner of transportation, to advise and
assist regarding matters of transportation to and within heritage areas;
the president of the New York state urban development corporation, to
advise and assist regarding matters of economic development; the commis-
sioner of environmental conservation, to advise and assist regarding
matters of conservation and use of natural resources; the chairman of
the state board for historic preservation, to advise and assist in
matters regarding historic preservation; the commissioner of housing and
community renewal to advise and assist regarding neighborhood and commu-
nity development and preservation programs; the [chairman of the New
York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF
THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of
the New York state canal system; the commissioner of agriculture and
markets regarding agriculture in heritage areas; a representative of the
State Heritage Area Association; the director or chief executive officer
of the Hudson River National Heritage Area, the Erie Canalway National
Heritage Corridor, the Champlain Valley National Heritage Partnership
and the Niagara Falls National Heritage Area; and ten members to be
appointed by the governor, three of such members shall be municipal
officers, elected officials or representatives of local government
interest and seven of such members shall be, by professional training or
experience or attainment, qualified to analyze or interpret matters
relevant to the establishment and maintenance of state designated herit-
age areas including urban cultural parks and heritage corridors, one of
whom shall be the director of a heritage area. Of these last seven, two
are to be appointed from names recommended by the majority leader of the
senate, two are to be appointed from names recommended by the speaker of
the assembly, one is to be appointed from names recommended by the
minority leader of the senate and one is to be appointed from names
recommended by the minority leader of the assembly. The governor may
designate such ex-officio members who shall be from the executive
department, state agencies or public corporations as he or she deems
appropriate; provided that such ex-officio members shall not vote on
matters before the advisory council. For the ten members appointed by
the governor, each shall hold office for a term of five years and until
his or her successor shall have been appointed or until he or she shall
resign. The members of the advisory council shall elect a chair from
amongst its members for a term of three years. Eleven members of the
advisory council shall constitute a quorum for the transaction of any
business at both regular and special meetings. Any ex-officio member may
delegate all his or her duties of membership, including voting rights,
to an officer or employee of such member's organization. No member shall
receive any compensation.
S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the parks,
recreation and historic preservation law, as amended by chapter 666 of
the laws of 1994, is amended to read as follows:
S. 6406--C 131 A. 9006--C
(h-1) [Chairman of the New York state thruway authority] PRESIDENT AND
CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK
regarding [its] operation of the New York state canal system;
S 28. Notwithstanding any other provision of law, the power authority
of the state of New York (power authority) and the New York state thru-
way authority (thruway authority) are hereby authorized to enter into an
agreement, effective April 1, 2016, whereby the power authority shall
reimburse the thruway authority, monthly, for any and all operating and
capital costs, expended by the thruway authority for the operation and
maintenance of the New York state canal system (canal system), and the
operation of the New York state canal corporation (canal corporation),
for the period of April 1, 2016 through January 1, 2017. The thruway
authority shall provide the power authority with a monthly report of all
expenditures related to the canal corporation and the canal system, and
provide access to all necessary financial records to carry out the
intent of this section.
S 29. This act, being necessary for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes there-
of.
S 30. (a) The power authority shall prepare an implementation plan for
the transfer of the canal corporation from the thruway authority to the
power authority pursuant to a chapter of the laws of 2016 enacted no
later than July 1, 2016. Such implementation plan shall include a
requirement that the rights and privileges of all employees under exist-
ing collective bargaining agreements shall not be adversely impacted at
the time of transfer, a report on the status of relevant collective
bargaining agreements and the preservation and maintenance of economic
development programs and projects funded by the power authority, along
with its ability to continue to effectuate its core mission to power the
economic growth and competitiveness of New York state by providing
customers with low-cost, clean, reliable power and the innovative energy
infrastructure and services they value.
(b) In the event of a failure to enact such a chapter of the laws of
2016, the power authority shall prepare an implementation plan for the
transfer of the canal corporation from the thruway authority to the
power authority, in consultation with the temporary president of the
senate and the speaker of the assembly and with approval of the director
of the division of budget, and submit such plan to the governor and the
legislature no later than October 1, 2016. Such implementation plan
shall include a requirement that the rights and privileges of all
employees under existing collective bargaining agreements shall not be
adversely impacted at the time of transfer, a report on the status of
relevant collective bargaining agreements and the preservation and main-
tenance of economic development programs and projects funded by the
power authority, along with its ability to continue to effectuate its
core mission to power the economic growth and competitiveness of New
York state by providing customers with low-cost, clean, reliable power
and the innovative energy infrastructure and services they value.
S 31. This act shall take effect on January 1, 2017; provided, howev-
er, that sections five and twenty-eight of this act shall take effect
immediately.
PART UU
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
S. 6406--C 132 A. 9006--C
of section 4 of the state finance law to the following funds and/or
accounts:
1. Proprietary vocational school supervision account (20452).
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. Federal grants indirect cost recovery account (21065).
10. Low level radioactive waste account (21066).
11. Recreation account (21067).
12. Public safety recovery account (21077).
13. Environmental regulatory account (21081).
14. Natural resource account (21082).
15. Mined land reclamation program account (21084).
16. Great lakes restoration initiative account (21087).
17. Environmental protection and oil spill compensation fund (21200).
18. Public transportation systems account (21401).
19. Metropolitan mass transportation (21402).
20. Operating permit program account (21451).
21. Mobile source account (21452).
22. Statewide planning and research cooperative system account
(21902).
23. New York state thruway authority account (21905).
24. Mental hygiene program fund account (21907).
25. Mental hygiene patient income account (21909).
26. Financial control board account (21911).
27. Regulation of racing account (21912).
28. New York Metropolitan Transportation Council account (21913).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Clinical laboratory reference system assessment account (21962).
33. Indirect cost recovery account (21978).
34. High school equivalency program account (21979).
35. Multi-agency training account (21989).
36. Interstate reciprocity for post-secondary distance education
account.
37. Bell jar collection account (22003).
38. Industry and utility service account (22004).
39. Real property disposition account (22006).
40. Parking account (22007).
41. Asbestos safety training program account (22009).
42. Batavia school for the blind account (22032).
43. Investment services account (22034).
44. Surplus property account (22036).
45. Financial oversight account (22039).
46. Regulation of Indian gaming account (22046).
47. Rome school for the deaf account (22053).
48. Seized assets account (22054).
49. Administrative adjudication account (22055).
50. Federal salary sharing account (22056).
51. New York City assessment account (22062).
S. 6406--C 133 A. 9006--C
52. Cultural education account (22063).
53. Local services account (22078).
54. DHCR mortgage servicing account (22085).
55. Department of motor vehicles compulsory insurance account (22087).
56. Housing indirect cost recovery account (22090).
57. DHCR-HCA application fee account (22100).
58. Low income housing monitoring account (22130).
59. Corporation administration account (22135).
60. Montrose veteran's home account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
64. Tax revenue arrearage account (22168).
65. Highway use tax administration account.
66. State university general income offset account (22654).
67. Lake George park trust fund account (22751).
68. State police motor vehicle law enforcement account (22802).
69. Highway safety program account (23001).
70. EFC drinking water program account (23101).
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 and bridge capital account (30051).
76. State university residence hall rehabilitation fund (30100).
77. State parks infrastructure account (30351).
78. Clean water/clean air implementation fund (30500).
79. Hazardous waste remedial cleanup account (31506).
80. Youth facilities improvement account (31701).
81. Housing assistance fund (31800).
82. Housing program fund (31850).
83. Highway facility purpose account (31951).
84. Information technology capital financing account (32215).
85. New York racing account (32213).
86. Mental hygiene facilities capital improvement fund (32300).
87. Correctional facilities capital improvement fund (32350).
88. New York State Storm Recovery Capital Fund (33000).
89. OGS convention center account (50318).
90. Empire Plaza Gift Shop (50327)
91. Centralized services fund (55000).
92. Archives records management account (55052).
93. Federal single audit account (55053).
94. Civil service EHS occupational health program account (55056).
95. Banking services account (55057).
96. Cultural resources survey account (55058).
97. Automation & printing chargeback account (55060).
98. OFT NYT account (55061).
99. Data center account (55062).
100. Intrusion detection account (55066).
101. Domestic violence grant account (55067).
102. Centralized technology services account (55069).
103. Labor contact center account (55071).
104. Human services contact center account (55072).
105. Tax contact center account (55073).
106. Executive direction internal audit account (55251).
107. CIO Information technology centralized services account (55252).
S. 6406--C 134 A. 9006--C
108. Health insurance internal service account (55300).
109. Civil service employee benefits division administrative account
(55301).
110. Correctional industries revolving fund (55350).
111. Employees health insurance account (60201).
112. Medicaid management information system escrow fund (60900).
S 1-a. 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).
S 2. 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, 2017, and with respect to item 5 under the miscella-
neous category set forth in this section, up to and after March 31,
2017, up to the unencumbered balance or the following amounts:
Economic Development and Public Authorities:
1. $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. $14,810,000 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. $2,360,000,000 from the general fund 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 that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $961,000,000 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. Moneys from the state lottery fund up to an amount deposited 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.
4. Up to $137,700,000 from the moneys deposited in commercial gaming
revenue account (23701) to the general fund as reimbursement for
disbursements made from the general fund for supplemental aid to educa-
tion during the prior fiscal year due to the unencumbered balance of the
S. 6406--C 135 A. 9006--C
commercial gaming revenue account during the prior fiscal year being
less than required to fully fund payments of general support for public
schools, pursuant to Chapter 61 of the laws of 2015.
5. $300,000 from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
6. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
7. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
8. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
9. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
10. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
11. $40,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2015 through March 31,
2016.
12. An amount up to $14,251,000 from the general fund to the state
university income fund, state university general revenue account
(22653).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
2. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as neces-
sary 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 special
revenue fund, I love NY water account (21930).
5. $146,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $9,700,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
Family Assistance:
1. $10,000,000 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
S. 6406--C 136 A. 9006--C
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. $140,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue federal funds to the miscellaneous special
revenue fund, office of temporary and disability assistance program
account (21980).
6. $21,000,000 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. $65,000,000 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. $3,100,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $1,000,000 from the general fund to the housing program fund
(31850).
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
3. $192,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
6. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
7. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
8. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
9. $1,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
10. $21,789,000 from the general fund to the centralized services
fund, COPS account (55013).
11. $2,360,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
12. $15,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund.
Health:
1. $33,710,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
S. 6406--C 137 A. 9006--C
2. 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.
3. 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.
4. 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.
5. $30,295,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
6. $7,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
7. $1,000,000 from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the miscellaneous capital projects
fund, healthcare IT capital account (32216).
8. $1,000,000 from the miscellaneous special revenue fund, vital
records account (22103), to the miscellaneous capital projects fund,
healthcare IT capital account (32216).
9. $55,500,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
10. $3,700,000 from the miscellaneous New York state agency fund,
medical assistance account to the general fund.
11. $4,886,000 from the general fund to the medical marihuana trust
fund, health operation and oversight account (23755).
12. $1,086,000 from the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
13. $1,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital account (32216).
Labor:
1. $400,000 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. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
3. $3,300,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
Mental Hygiene:
1. $10,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $1,950,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
3. $1,550,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
4. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
5. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the general fund.
S. 6406--C 138 A. 9006--C
6. $3,800,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the agencies internal service
fund, civil service EHS occupational health program account (55056).
7. $5,000,000 from the chemical dependence service fund, substance
abuse services fund account (22700), to the miscellaneous capital
projects fund, chemical dependence service capital account.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $10,500,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $3,000,000 from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
5. $6,300,000 from the general fund to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
6. $8,600,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
7. $106,000,000 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.
8. $53,500,000 from the general fund to the correctional facilities
capital improvement fund (32350).
9. $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.
10. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
11. $2,900,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
12. $300,000 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. $1,000,000 from the general fund to the agencies internal service
fund, center for employment opportunities NWP account.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
3. $1,240,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the dedicated highway and bridge trust
fund (30050).
4. $15,046,384 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.
5. $810,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
S. 6406--C 139 A. 9006--C
6. $936,000 from the miscellaneous special revenue fund, accident
prevention course program account (22094), to the dedicated highway and
bridge trust fund (30050).
7. $1,234,000 from the miscellaneous special revenue fund, motorcycle
safety account (21976), to the dedicated highway and bridge trust fund
(30050).
8. $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
9. $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
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.
10. $34,000 from the miscellaneous special revenue fund, seized assets
account (21906), to the dedicated highway and bridge trust fund (30050).
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. $1,840,000,000 from the general fund to the dedicated infrastruc-
ture investment fund.
S 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, on or before March 31, 2017:
1. Upon request of the commissioner of environmental conservation, up
to $11,410,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,293,400 from
the environmental protection and oil spill compensation fund (21200),
and $1,783,600 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 agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. 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).
5. 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.
6. Upon request of the commissioner of health up to $5,000,000 from
revenues credited to any of the department of health's special revenue
S. 6406--C 140 A. 9006--C
funds, to the miscellaneous special revenue fund, administration account
(21982).
S 4. On or before March 31, 2017, 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.
S 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 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, 2017, 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.
S 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, 2017, 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.
S 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, 2017.
S 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 $87,864,000 from the general fund to the state university income
fund, state university hospitals income reimbursable account (22656)
during the period July 1, 2016 through June 30, 2017 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 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 $1,011,590,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2016 through June 30, 2017 to support operations at
the state university.
S 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 state university chancel-
S. 6406--C 141 A. 9006--C
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, 2017.
S 12. 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, 2017.
S 13. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
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 a net amount not
to exceed $80 million.
S 14. 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 monies, upon request of the director of the
budget, on or before March 31, 2017, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special revenue fund, federal
salary sharing account (22056), or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
S 15. 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 $500 million 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 2016-17 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
S. 6406--C 142 A. 9006--C
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.
S 15-a. Notwithstanding any other law to the contrary, up to $245
million of the assessment reserves remitted to the chair of the workers'
compensation board pursuant to subdivision 6 of section 151 of the work-
ers' compensation law shall, at the request of the director of the budg-
et, be transferred to the state insurance fund, for partial payment and
partial satisfaction of the state's obligations to the state insurance
fund under section 88-c of the workers' compensation law.
S 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 $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) or the miscellaneous capital projects
fund, information technology capital financing account (32215), for the
purpose of consolidating technology procurement and services. The
amounts transferred to the miscellaneous special revenue fund, technolo-
gy 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 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.
S 16-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, at the request of the director of
the budget, up to twenty-one million dollars ($21,000,000) from the
unencumbered balance of any special revenue fund or account, or combina-
tion of funds and accounts, to the community projects fund. The amounts
transferred pursuant to this authorization shall be in addition to any
other transfers expressly authorized in the 2016-17 budget. Transfers
from federal funds, debt services funds, capital projects funds, 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. The director of
the budget shall (a) have received a request in writing from one or both
houses of the legislature, and (b) notify both houses of the legislature
in writing prior to initiating transfers pursuant to this authorization.
The comptroller shall provide the director of the budget, the chair of
the senate finance committee, and the chair of the assembly ways and
means committee with an accurate accounting and report of any transfers
that occur pursuant to this section on or before the fifteenth day of
the following month in which such transfers occur.
S 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 6406--C 143 A. 9006--C
and directed to transfer, at the request of the director of the budget,
up to $350 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
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.
S 18. 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 $20,000,000 for the state fiscal year
commencing April 1, 2016, the proceeds of which will be utilized to
support energy-related state activities.
S 19. 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 make a contribution to the state treasury
to the credit of the general fund in the amount of $23,000,000 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation on or before March 31, 2017.
S 20. 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 to the state university income
fund general revenue account (22653), in an amount not to exceed
$15,000,000 for the state fiscal year commencing April 1, 2016 from the
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation, which amount shall be utilized to support the Clean Energy
Workforce Opportunity Program, to expand and develop clean energy educa-
tion and workforce training programs, to offer additional courses, to
hire faculty, purchase or upgrade necessary machinery and lab equipment,
provide or coordinate associated experiential learning, and to integrate
workforce training; provided further, that up to $5,000,000 of such
amount shall be available to support Clean Energy Workforce Opportunity
Program initiatives at state university of New York community colleges.
S 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part I of chapter 60 of the laws of 2015, 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
[fifteen] SIXTEEN, 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
[$3,382,279,000] $3,283,844,000, as may be certified in such schedule as
S. 6406--C 144 A. 9006--C
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [fifteen] SIXTEEN.
S 22. Intentionally omitted.
S 23. Intentionally omitted.
S 24. Subdivision 6 of section 4 of the state finance law, as amended
by section 22 of part I of chapter 55 of the laws of 2014, 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 [sixteen] EIGHTEEN.
S 25. Subdivision 4 of section 40 of the state finance law, as amended
by section 23 of part I of chapter 55 of the laws of 2014, 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 [sixteen] EIGHTEEN.
S 26. Subparagraph (i) of paragraph (a) of subdivision 3 of section
92-cc of the state finance law, as added by chapter 1 of the laws of
2007, is amended to read as follows:
(i) Economic downturn. The commissioner of labor shall calculate and
publish, on or before the fifteenth day of each month, a composite index
of business cycle indicators. Such index shall be calculated using
monthly data on New York state PRIVATE SECTOR employment, [total] AVER-
AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem-
ployment RATE prepared by the department of labor or its successor agen-
cy, and total sales tax [collected net of law changes] COLLECTIONS
ADJUSTED FOR INFLATION, prepared by the department of taxation and
finance or its successor agency. Such index shall be [constructed in
accordance with the procedures for calculating composite indexes issued
by the conference board or its successor organization, and] adjusted for
seasonal variations in accordance with the procedures issued by the
S. 6406--C 145 A. 9006--C
[census bureau of the] United States [department of commerce] CENSUS
BUREAU or its successor agency. If the composite index declines for five
consecutive months, the commissioner of labor shall notify the governor,
the speaker of the assembly, the temporary president of the senate, and
the minority leaders of the assembly and the senate. Upon such notifica-
tion, the director of the budget may authorize and direct the comp-
troller to transfer from the rainy day reserve fund to the general fund
such amounts as the director of the budget deems necessary to meet the
requirements of the state financial plan. The authority to transfer
funds under the provisions of this subdivision shall lapse when the
composite index shall have increased for five consecutive months or
twelve months from the original notification of the commissioner of
labor, whichever occurs earlier. Provided, however, that for every addi-
tional and consecutive monthly decline succeeding the five month decline
so noted by the commissioner of labor, the twelve month lapse date shall
be extended by one additional month; or
S 27. Paragraph (a) of subdivision 3 of section 93-b of the state
finance law, as added by section 1 of part H of chapter 60 of the laws
of 2015, is amended to read as follows:
(a) Economic downturn. Notwithstanding any law to the contrary, for
the purpose of this section, the commissioner of labor shall calculate
and publish, on or before the fifteenth day of each month, a composite
index of business cycle indicators. Such index shall be calculated using
monthly data on New York state PRIVATE SECTOR employment, [total] AVER-
AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem-
ployment RATE prepared by the department of labor or its successor agen-
cy, and total sales tax [collected net of law changes] COLLECTIONS
ADJUSTED FOR INFLATION, prepared by the department of taxation and
finance or its successor agency. Such index shall be [constructed in
accordance with the procedures for calculating composite indexes issued
by the conference board or its successor organization, and] adjusted for
seasonal variations in accordance with the procedures issued by the
[census bureau of the] United States [department of commerce] CENSUS
BUREAU or its successor agency. If the composite index declines for five
consecutive months, the commissioner of labor shall notify the governor,
the speaker of the assembly, the temporary president of the senate, and
the minority leaders of the assembly and the senate. Upon such notifica-
tion, the director of the budget may authorize and direct the comp-
troller to transfer from the dedicated infrastructure investment fund to
the general fund such amounts as the director of the budget deems neces-
sary to meet the requirements of the state financial plan. The authority
to transfer funds under the provisions of this paragraph shall lapse
when the composite index shall have increased for five consecutive
months or twelve months from the original notification of the commis-
sioner of labor, whichever occurs earlier. Provided, however, that for
every additional and consecutive monthly decline succeeding the five
month decline so noted by the commissioner of labor, the twelve month
lapse date shall be extended by one additional month.
S 27-a. The opening paragraph of paragraph 1-a of subdivision (a) of
section 83 of the state finance law, as added by chapter 453 of the laws
of 2015, is amended to read as follows:
On or before the first day of February each year, the commissioner of
the department of environmental conservation shall provide a written
report to the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] ENVIRON-
S. 6406--C 146 A. 9006--C
MENTAL CONSERVATION, chair of the assembly [health] ENVIRONMENTAL
CONSERVATION committee, the state comptroller and the public. Such
report shall include how the monies of the fund received pursuant to
section six hundred twenty-five of the tax law were utilized during the
preceding calendar year, and shall include:
S 27-b. The opening paragraph of subdivision 2-a of section 84 of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the chairperson of
the New York state Olympic regional development authority shall provide
a written report to the temporary president of the senate, speaker of
the assembly, chair of the senate finance committee, chair of the assem-
bly ways and means committee, chair of the senate committee on [health]
CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, chair of the assembly
[health] TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT committee, the
state comptroller and the public. Such report shall include how the
monies of the fund were utilized during the preceding calendar year, and
shall include:
S 27-c. The opening paragraph of subdivision 2-a of section 97-mmmm of
the state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the director of the
New York state division of veterans' affairs shall provide a written
report to the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] VETERANS,
HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the assembly [health]
VETERANS' AFFAIRS committee, the state comptroller and the public. Such
report shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
S 27-d. The opening paragraph of subdivision 2-a of section 99-v of
the state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the director of the
New York state division of veterans' affairs shall provide a written
report to the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] VETERANS,
HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the assembly [health]
VETERANS' AFFAIRS committee, the state comptroller and the public. Such
report shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
S 27-e. The opening paragraph of subdivision 2-a of section 92-w of
the state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the director of the
division of criminal justice services shall provide a written report to
the temporary president of the senate, speaker of the assembly, chair of
the senate finance committee, chair of the assembly ways and means
committee, chair of the senate committee on [health] CODES, chair of the
assembly [health] CODES committee, the state comptroller and the public.
Such report shall include how the monies of the fund were utilized
during the preceding calendar year, and shall include:
S 27-f. The opening paragraph of subdivision 2-a of section 79 of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
S. 6406--C 147 A. 9006--C
On or before the first day of February each year, the chairman of the
board of directors of the World Trade Center memorial foundation shall
provide a written report to the temporary president of the senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, [chair of the senate committee on
health, chair of the assembly health committee,] the state comptroller
and the public. Such report shall include how the monies of the fund
were utilized during the preceding calendar year, and shall include:
S 27-g. The opening paragraph of subdivision 2-a of section 99-q of
the state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the state fire
administrator shall provide a written report to the temporary president
of the senate, speaker of the assembly, chair of the senate finance
committee, chair of the assembly ways and means committee, chair of the
senate committee on [health] LOCAL GOVERNMENT, chair of the assembly
[health] LOCAL GOVERNMENT committee, the state comptroller and the
public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year, and shall include:
S 27-h. Subdivision 2 of section 71-b of the state finance law, as
added by chapter 453 of the laws of 2015, is amended to read as follows:
2. The head of the agency or entity administering the expenditure of
tax check-off monies shall report annually on the use of such monies to
the temporary president of the senate, speaker of the assembly, chair of
the senate finance committee, chair of the assembly ways and means
committee, chair of the [senate committee on health, chair of the assem-
bly health committee,] APPROPRIATE COMMITTEE IN THE SENATE OR ASSEMBLY,
the state comptroller and the public. Such report shall include the
amount of money dispersed from the fund and the award process used for
such disbursements, recipients of awards from the fund, the amount
awarded to each, the purposes for which such awards were granted, and a
summary financial plan for such monies which shall include estimates of
all receipts and all disbursements for the current and succeeding fiscal
years, along with the actual results from the prior fiscal year.
S 27-i. Section 95-e of the state finance law, as added by chapter 301
of the laws of 2004, is amended by adding a new subdivision 2-a to read
as follows:
2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
ER OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT
OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE
COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE
SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE
STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE
MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF AWARDS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
S. 6406--C 148 A. 9006--C
S 27-j. Section 14 of chapter 453 of the laws of 2015 amending the
state finance law relating to tax check-off funds, is amended to read as
follows:
S 14. This act shall take effect immediately; provided, however, that
the provisions of section thirteen of this act shall apply to funds
established on and after such date AND FUNDS FOR WHICH A TAX CHECK-OFF
IS A SOURCE OF MONIES IN SUCH FUNDS.
S 28. 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.
S 29. 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 25 of part I of chapter 60 of the laws
of 2015, 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 [two] THREE hundred
[sixty-nine] SIXTY-FOUR million [one] EIGHT hundred forty thousand
dollars, 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.
S 30. 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
S. 6406--C 149 A. 9006--C
section 27 of part I of chapter 60 of the laws of 2015, 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 seven billion [one] FOUR
hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty-
nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, and
shall include 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 deposit 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 repay-
ment the total aggregate principal amount of outstanding bonds, notes or
other obligations may be greater than seven billion [one] FOUR hundred
[sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty-nine]
NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, only if
the present value of the aggregate 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 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 thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
S 31. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 28 of part I of chapter 60 of
the laws of 2015, 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;
S. 6406--C 150 A. 9006--C
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [three] FOUR billion [one] SIX
hundred [fifty-three] NINETY-SEVEN million [seven] FOUR hundred [nine-
ty-nine] SEVENTY-FOUR thousand dollars, 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 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.
S 32. 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 29 of part I of chapter 60 of the laws of 2015, 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
[$8,658,881,000] $9,147,234,000 cumulatively by the end of fiscal year
[2015-16] 2016-17.
S 33. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 30 of part I of chapter 60 of the laws of 2015, 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 one hundred [forty] FIFTY-NINE
million dollars.
S 34. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by section 31 of
part I of chapter 60 of the laws of 2015, 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, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$155,600,000] $167,600,000, 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
including IT initiatives for the division of state police, debt service
S. 6406--C 151 A. 9006--C
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 subdivi-
sion (b) of this section and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S 35. 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 32 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
S 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, [a project] PROJECTS
at nano Utica, onondaga county revitalization projects, Binghamton
university school of pharmacy, New York power electronics manufacturing
consortium, regional infrastructure projects, HIGH TECHNOLOGY MANUFAC-
TURING PROJECTS IN CHAUTAUQUA AND ERIE COUNTY, AN INDUSTRIAL SCALE
RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZA-
TION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, FAIRGROUND BUILDINGS
OR FACILITIES USED TO HOUSE AND PROMOTE AGRICULTURE, 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
[two] FOUR billion [eight] SIX hundred [eighty-eight] SEVENTY-ONE
million [two] SEVEN hundred fifty-seven thousand dollars, 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.
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
S. 6406--C 152 A. 9006--C
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, [a project] PROJECTS at nano Utica,
onondaga county revitalization projects, Binghamton university school of
pharmacy, New York power electronics manufacturing consortium, regional
infrastructure projects, HIGH TECHNOLOGY MANUFACTURING PROJECTS IN CHAU-
TAUQUA AND ERIE COUNTY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT
FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS,
MARKET NEW YORK PROJECTS, FAIRGROUND BUILDINGS OR FACILITIES USED TO
HOUSE AND PROMOTE AGRICULTURE, 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 dormito-
ry 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.
S 36. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 33 of part I of chapter 60 of the laws of 2015, 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 [one] TWO billion [seven hundred seventy-five] ONE
HUNDRED EIGHT million [seven] TWO hundred sixty thousand dollars, exclu-
sive 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 other-
wise 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.
S 37. Subdivision 1 of section 45 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 34 of part I of chapter 60 of the laws
of 2015, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the urban development corporation of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020 challenge grant program subject to the approval of a NY-SUNY and
NY-CUNY 2020 plan or plans by the governor and either the chancellor of
the state university of New York or the chancellor of the city universi-
ty of New York, as applicable. The aggregate principal amount of bonds
S. 6406--C 153 A. 9006--C
authorized to be issued pursuant to this section shall not exceed
[$440,000,000] $550,000,000, 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 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 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.
S 38. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by section 35 of
part I of chapter 60 of the laws of 2015, 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 $197,000,000 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 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 [$469,800,000] $509,600,000, 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 financing 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 subdivision (b) of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 36 of part I of chapter 60 of the laws of 2015, 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 [one]
S. 6406--C 154 A. 9006--C
THREE billion [six hundred ninety] SIXTY-FIVE million dollars
[$1,690,000,000] $3,065,000,000, 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 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.
S 40. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 37 of part I of chapter 60 of the
laws of 2015, 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 eleven billion [two] SIX hundred [twenty-eight] SIXTY-THREE
million dollars; 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 thereby; 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 thereon 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 expiration 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,
S. 6406--C 155 A. 9006--C
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.
S 41. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 38 of part I of chapter 60 of the
laws of 2015, 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 seven billion [three] FIVE hundred
[ninety-two] EIGHTY-EIGHT million [seven] FOUR hundred [fifty-three]
ELEVEN thousand dollars. 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.
S 42. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 39 of part I of chapter 60 of the laws of 2015, 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 eight hundred [thir-
ty-eight] SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR thou-
sand dollars. 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.
S 43. 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 41 of part I of chapter 60 of the laws of 2015, is amended to
read as follows:
S. 6406--C 156 A. 9006--C
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 six hundred [eleven] FORTY-SEV-
EN million [two hundred fifteen] SIXTY-FIVE thousand dollars
[($611,215,000)] ($647,065,000), which authorization increases the
aggregate principal amount of bonds, notes and other obligations author-
ized 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 depos-
it in the youth facilities 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 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 outstanding bonds,
notes or other obligations may be greater than six hundred [eleven]
FORTY-SEVEN million [two hundred fifteen] SIXTY-FIVE thousand dollars
[($611,215,000)] ($647,065,000), 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
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.
S 44. 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 42 of part I
of chapter 60 of the laws of 2015, is amended to read as follows:
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
S. 6406--C 157 A. 9006--C
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 [seven] EIGHT billion [seven hundred twenty-two] TWENTY-ONE
million eight hundred fifteen thousand dollars, excluding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties 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 facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than [seven] EIGHT billion [seven hundred twenty-two]
TWENTY-ONE million eight hundred fifteen thousand dollars 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 obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, 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 authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
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 agen-
cy 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
S. 6406--C 158 A. 9006--C
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 princi-
pal authorized to be issued by the agency among the office of mental
health, office for people with developmental disabilities, and the
office of alcoholism and substance abuse services, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
S 45. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
subparagraph (iii) of paragraph (j) of subdivision 4 of 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, as amended by section 43 of part I of chapter 60 of the
laws of 2015, is amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [210] 240
million dollars. Each college shall be eligible for a grant award amount
as determined by the calculations pursuant to subdivision five of this
section. In addition, such colleges shall be eligible to compete for
additional funds pursuant to paragraph (h) of subdivision four of this
section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [210] 240 million dollars 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 previ-
ously 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.
S 46. Notwithstanding any other provision of law to the contrary, from
the taxes, interest and penalties collected or received by the commis-
sioner of taxation and finance in respect of the tax imposed by the city
of New York pursuant to the authority of section 1210, 1211, 1212 or
1212-A of the tax law,the comptroller shall pay, as directed in writing
by the director of the budget, the sum of $16,666,667 on or before the
twelfth day of each month from such taxes, penalties and interest
collected or received by such commissioner during the previous month to
(i) any issuers of state-related debt for the purposes of paying princi-
pal, interest, and related expenses, or for retiring or defeasing bonds
previously issued, including any accrued interest or other expenses
related thereto, for any state-related bonding program or programs, or
to (ii) a governmental fund or funds of the state treasury. The comp-
troller shall make the first payment to issuers of state-related debt or
the government funds on the twelfth day of May, 2016 from the taxes,
penalties and interest collected or received during April 2016 and the
last payment on or before the twelfth day of April, 2019 from the taxes,
penalties and interest collected or received during March 2019.
Provided, however, that in no event shall such payments exceed
$200,000,000 in any state fiscal year; and provided further that such
payments shall not reduce the reasonable costs of such commissioner
under paragraph (b) of section 1261 of the tax law.
S 47. Section 1680-m of the public authorities law, as added by
section 39 of part T of chapter 57 of the laws of 2007, subdivision 1 as
S. 6406--C 159 A. 9006--C
amended by section 47 and subdivision 2 as amended by section 42 of part
JJ of chapter 56 of the laws of 2010, is amended to read as follows:
S 1680-m. Cultural education facilities. 1. Notwithstanding the
provisions of any other law to the contrary, the 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
construction and rehabilitation associated with the cultural education
facilities, INCLUDING BUT NOT LIMITED TO ACQUISITION COSTS AND OTHER
STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, and the St. Regis
Mohawk elementary school. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed seven-
ty-nine million dollars, 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. Such bonds and notes of the authority and the urban devel-
opment 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 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 authority and the urban development corporation in
undertaking the financing for construction and rehabilitation associated
with the cultural education facilities, INCLUDING BUT NOT LIMITED TO
ACQUISITION COSTS AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL
PROJECTS, and the St. Regis Mohawk elementary school, the director of
the budget is hereby authorized to enter into one or more service
contracts with the 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 authority and the urban
development corporation agree, so as to annually provide to the authori-
ty and the urban development 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 authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
S 48. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 40 of part I of chapter 60 of the laws of 2015, 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 for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects and the health care facility transformation
S. 6406--C 160 A. 9006--C
program. The aggregate principal amount of bonds authorized to be issued
pursuant to this section shall not exceed two billion [two] FOUR hundred
million dollars, 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.
S 49. Subdivision 1 of section 49 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 I of chapter 60 of the laws
of 2105, 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 state and municipal facilities program and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed one billion [one] FIVE hundred [fifty-five] FORTY
million dollars, 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.
S 50. Subdivision 1 of section 51 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as added by section 26 of part I of chapter 60 of the laws
of 2015, 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 for the nonprofit infrastructure capital
investment program 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 [fifty] ONE HUNDRED
million dollars, 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
S. 6406--C 161 A. 9006--C
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.
S 51. Subdivision 11 of section 5-a of chapter 35 of the laws of 1979
relating to appropriating funds to the New York state urban develop-
mental corporation, as added by chapter 3 of the laws of 2004, is
amended to read as follows:
(11) Financing agreements. The development corporation and the state,
acting through the director of the budget, are hereby authorized to
enter into one or more financing agreements with respect to bonds (other
than hotel bonds) on the terms and conditions as the director of budget
and the development corporation agree, so as to annually provide to the
development corporation, in the aggregate, a sum not to exceed the annu-
al debt service payments and related expenses (including without limita-
tion financing costs and costs and expenses under ancillary bond facili-
ties and development corporation credit support agreements) required for
the bonds secured by a financing agreement and subject to the limita-
tions of this section. Copies of any such agreements, including any
amendments thereto shall be submitted to the state comptroller and the
chairs of the assembly committee on ways and means and the senate
finance committee. The obligation of the state to fund or to pay the
amounts provided for in any financing agreement, as in this section
provided and as shall be provided in the financing agreement, 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; no liability shall be incurred by the state beyond
the moneys available for such purpose; and such obligation is subject to
annual appropriation by the legislature. The amounts paid to the devel-
opment corporation pursuant to any such financing agreement shall be
used by it solely to pay or provide for debt service payments and
related expenses as more particularly set forth in the applicable
financing agreement (including rebate to the federal government of
certain earnings, if so required). The bonds for which each financing
agreement is applicable (a) shall be issued with a final maturity of no
more than thirty years, and (b) may be issued in one or more series in
an aggregate principal amount not to exceed the sum of [$350,000,000]
$1,350,000,000, excluding the amount determined by resolution of the
development corporation to be required for refunding the outstanding
Jacob K. Javits convention center bonds referred to in subdivision one
of this section, and, excluding bonds issued to fund one or more debt
service reserve funds and to pay costs of issuance of such bonds, and
(c) shall be subject to the provisions of article 5-B of the state
finance law. It is hereby determined and found that the development
corporation, as a subsidiary of the urban development corporation, is an
authorized issuer pursuant to [article] ARTICLES 5-C AND 5-F of the
state finance law and that the bonds secured by a financing agreement,
upon issuance in accordance with and subject to the provisions of this
section, may be issued pursuant to such [article] ARTICLES.
S 52. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016; provided,
however: (a) the provisions of sections one through eight, and sections
twelve through twenty of this act shall expire March 31, 2017, when upon
such date the provisions of such sections shall be deemed repealed; (b)
S. 6406--C 162 A. 9006--C
provided, however, that the provisions of section twenty-seven-j of this
act shall be deemed to have been in full force and effect on the same
date and in the same manner as chapter 453 of the laws of 2015, took
effect; and (c) the provisions of section forty-six of this act shall
expire upon the last payment made by the comptroller pursuant to section
forty-six of this act when upon such date the provisions of such section
shall be deemed repealed; provided that the state comptroller shall
notify the legislative bill drafting commission upon the occurrence of
the last payment provided for in section forty-six 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.
S 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.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through UU of this act shall be
as specifically set forth in the last section of such Parts.