EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-03-8
S. 7506--A 2
of 2016, relating to supplementary funding for dedicated programs for
public school students in the East Ramapo central school district, 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 169 of the
laws of 1994, relating to certain provisions related to the 1994-95
state operations, aid to localities, capital projects and debt service
budgets, in relation to the expiration of certain provisions; 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; to amend chapter 56 of
the laws of 2014, amending the education law relating to providing
that standardized test scores shall not be included on a student's
permanent record, in relation to the expiration of certain provisions;
to amend the education law, in relation to requiring the commissioner
of education to include certain information in the official score
report of all students; relating to school bus driver training; relat-
ing to special apportionment for salary expenses and public pension
accruals; relating to suballocations of appropriations; relating to
the city school district of the city of Rochester; relating to total
foundation aid for the purpose of the development, maintenance or
expansion of certain magnet schools or magnet school programs for the
2017-2018 school year; and relating to the support of public libraries
(Part A); to amend the education law, in relation to total foundation
aid; to amend the education law, in relation to the total number of
charters; to amend the education law, in relation to the salary for
teachers providing instruction in career and technical education; to
amend the education law, in relation to compliance with part 154 of
the commissioner's regulations; to amend the education law, in
relation to state aid adjustments; to legalize, validate, ratify and
confirm certain acts relating to transportation contracts; to ratify
and validate acts relating to final building project cost reports; to
amend the education law, in relation to internal audits; to amend the
education law, in relation to moneys apportioned for students with
disabilities; to amend chapter 507 of the laws of 1974 relating to
providing for the apportionment of state monies to certain nonpublic
schools, to reimburse them for their expenses in complying with
certain state requirements for the administration of state testing and
evaluation programs and for participation in state programs for the
reporting of basic educational data, in relation to the calculation of
aid to nonpublic schools; to amend the education law, in relation to
shared transportation aid; to amend the education law, in relation to
reimbursement for grants for hiring teachers in nonpublic schools; to
amend the education law, in relation to transportation expenses;
relating to tuition revenue and tuition rate calculations and rate
reconciliation for certain special act school districts; to amend the
education law, in relation to eligibility for an apportionment; to
amend the education law, in relation to the amount of the supplemental
basic tuition for charter schools; to amend the education law, in
relation to building aid for charter schools; and to amend the educa-
tion law, in relation to state aid for library construction; to estab-
S. 7506--A 3
lish student-specific tuition rate enhancements for children's resi-
dential project education programs; and to amend the education law, in
relation to special services aid and aid for career education (Part
A-1); to amend the education law, in relation to child sexual abuse
awareness; to amend the education law, in relation to the establish-
ment of multi-year cost allowances for the Mount Vernon city school
district; to amend the education law, in relation to establishing the
youth violence prevention pilot program; to amend the arts and
cultural affairs law, in relation to the Amistad commission; to amend
the education law, in relation to establishing a pilot program for
peace/conflict resolution centers; and providing for the repeal of
certain provisions upon expiration thereof (Part A-2); to amend the
education law, in relation to establishing active shooter drills at
public and private educational institutions (Subpart A); to amend the
executive law and the education law, in relation to authorizing
certain school personnel to wear personal safety alarms (Subpart B);
to amend the education law, in relation to a school resource officer
program and providing school resource officer security protection aid
(Subpart C); to amend the education law, in relation to security
upgrades recommended by school safety improvement teams (Subpart D);
to amend the education law, in relation to providing for security
hardware and software safety technology (Subpart E); to amend the
education law, in relation to providing counselors, social workers and
psychologists in schools (Subpart F); to amend the education law, in
relation to providing school mental health services program coordina-
tors in schools (Subpart G); and to amend the education law, in
relation to the comprehensive school security grant program (Subpart
H)(Part A-3); to amend the education law and chapter 537 of the laws
of 1976, relating to paid, free and reduced price breakfast for eligi-
ble pupils in certain school districts, in relation to prohibiting
lunch shaming and to school breakfast and lunch programs (Part B); to
amend the education law, in relation to authorizing school bus stop
cameras; and to amend the vehicle and traffic law, in relation to
owner liability for operator illegally overtaking or passing a school
bus and increasing fines for passing a stopped school bus (Part C); to
amend the education law, in relation to participation in recovery high
school programs (Part D); intentionally omitted (Part E); to amend the
education law, the business corporation law, the partnership law and
the limited liability company law, in relation to certified public
accountants (Part F); to amend chapter 57 of the laws of 2012 amending
the social services law and the family court act relating to estab-
lishing a juvenile justice services close to home initiative, and
amending the social services law, the family court act and the execu-
tive law relating to juvenile delinquents, in relation to extending
the close to home (CTH) initiative and juvenile justice reforms an
additional five years; and to repeal certain provisions of paragraph
(a) of subdivision 8 of section 404 of the social services law relat-
ing to CTH funding and reimbursement (Part G); intentionally omitted
(Part H); to amend part G of chapter 57 of the laws of 2013, amending
the executive law and the social services law relating to consolidat-
ing the youth development and delinquency prevention program and the
special delinquency prevention program, in relation to extending such
provisions (Part I); to amend part K of chapter 57 of the laws of
2012, amending the education law, relating to authorizing the board of
cooperative educational services to enter into contracts with the
commissioner of children and family services to provide certain
S. 7506--A 4
services, in relation to the effectiveness thereof (Part J); to amend
the public authorities law, in relation to adding the office of chil-
dren and family services to the list of entities to whom the dormitory
authority of the state of New York (DASNY) is authorized to provide
capital design and construction services (Part K); to amend the social
services law, in relation to increasing the standards of monthly need
for aged, blind and disabled persons living in the community (Part L);
intentionally omitted (Part M); to utilize reserves in the mortgage
insurance fund for various housing purposes (Part N); to amend chapter
85 of the laws of 2017, relating to creating the Lake Ontario-St.
Lawrence Seaway flood recovery and International Joint Commission Plan
2014 mitigation grant program, in relation to utilizing reserves in
the mortgage insurance fund for various housing purposes (Subpart A);
to amend chapter 85 of the laws of 2017 relating to creating the Lake
Ontario-St. Lawrence Seaway flood recovery and International Joint
Commission Plan 2014 mitigation grant program, in relation to includ-
ing docks as an approved storm-related repair for primary and income
qualified seasonal residences (Subpart B); to amend the military law,
in relation to the Lake Ontario-St. Lawrence River flood prevention,
response and recovery program (Subpart C); to amend the New York state
urban development corporation act and the state finance law, in
relation to financing the Lake Ontario-St. Lawrence River flood
prevention, response and recovery program (Subpart D); and to amend
the environmental conservation law, in relation to the New York state
Lake Ontario-St. Lawrence River flood prevention, response, recovery
and mitigation task force; to establish reporting and public hearing
requirements for the New York state Lake Ontario-St. Lawrence River
flood prevention, response, recovery and mitigation task force
(Subpart E)(Part O); to repeal subdivision 11 of section 6305 of the
education law relating to the development of a methodology for calcu-
lating chargeback rates by the state university of New York and the
city university of New York (Part P); to amend the state finance law,
in relation to establishing the SUNY Stony Brook Eastern Long Island
hospital affiliation escrow fund (Part Q); to amend the education law,
in relation to enhanced tuition awards (Part R); to amend the educa-
tion law, in relation to requiring the state university of New York to
compile a report regarding compliance with programs to be offered by
boards of cooperative educational services (Part S); to amend the
education law, in relation to the New York state science, technology,
engineering and mathematics incentive program (Part T); to amend the
education law, in relation to state appropriations to the state
university of New York and the city university of New York (Part U);
to amend the state finance law, in relation to five-year capital plans
for the state university of New York and the city university of New
York (Part V); to amend the education law, in relation to the board of
trustees of the New York state higher education services corporation
(Part W); to amend the education law, in relation to eligibility for
an amount of an excelsior scholarship (Part X); to amend the education
law, in relation to the commissioner of education (Part Y); to amend
the education law, in relation to certain tuition waivers for fire-
fighters and fire officer students of the city university of New York;
and providing for the repeal of such provisions upon expiration there-
of (Part Z); to amend the state finance law, in relation to the estab-
lishment of the state university of New York hospital operations
escrow fund (Part AA); to amend the education law, in relation to
establishing the New York state teacher loan forgiveness program (Part
S. 7506--A 5
BB); to amend the private housing finance law, in relation to estab-
lishing an affordable independent senior housing assistance program
(Part CC); to amend the private housing finance law, in relation to
residential emergency services to offer home repairs to the elderly
program (Part DD); to amend the private housing finance law, in
relation to disabled veteran access to home for heroes contracts (Part
EE); to amend the multiple dwelling law, in relation to the floor area
ratio (FAR) in the city of New York (Part FF); to amend the public
housing law, in relation to the New York state low-income housing tax
credit program (Part GG); to amend the real property tax law, in
relation to tax abatements for dwelling units occupied by certain
persons residing in rent-controlled or rent regulated properties, and
providing state aid to cities affected by such tax abatements (Part
HH); to establish the New York city tax reform study commission, and
providing for its powers and duties (Part II); to amend the real prop-
erty tax law, in relation to the increase in maximum rent or legal
regulated rent for purposes of the tax abatement for rent-controlled
and rent regulated property occupied by senior citizens or persons
with disabilities in cities having a population of one million or more
(Part JJ); to amend the administrative code of the city of New York
and the real property tax law, in relation to increasing the average
assessed value threshold (Part KK); to amend the labor law, in
relation to exemptions from licensure requirements (Part LL); to amend
the administrative code of the city of New York and the public housing
law, in relation to establishing the New York city housing authority
repair certificate program (Part MM); to amend the public housing law
and the New York city charter, in relation to authorizing the New York
city council to oversee the activities of the New York city housing
authority (Part NN); to amend the public housing law, in relation to
providing for the appointment of an independent monitor for the New
York city housing authority, and providing for the powers and duties
of such monitor (Part OO); to amend the public housing law and the New
York city charter, in relation to directing the New York City Housing
Authority to establish a 311 hotline for the submission and receipt of
complaints (Part PP); to amend the administrative code of the city of
New York, in relation to providing for retroactive benefit calculation
for the senior citizens rent increase exemption and disability rent
increase exemption (Part QQ); and to amend the state finance law, in
relation to the local share requirements associated with increasing
the age of juvenile jurisdiction (Part RR)
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 2018-2019
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through RR. 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. 7506--A 6
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 YYY of chapter 59 of the laws
of 2017, 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. 7506--A 7
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; AND PROVIDED FURTHER THAT A SCHOOL DISTRICT THAT
SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE
IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR WHICH
SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE
OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE
COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SEVEN-
TEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR; AND PROVIDED FURTHER THAT, A
SCHOOL DISTRICT WITH A POPULATION OF ONE MILLION OR MORE THAT SUBMITTED
A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED
AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR WHICH SHALL,
NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF 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 SEVENTEEN--
TWO THOUSAND EIGHTEEN 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 adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand 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 activ-
ities approved in the two thousand nine--two thousand ten school year or
S. 7506--A 8
to support new or expanded allowable programs and activities in the
current year.
§ 2. The education law is amended by adding a new section 210-d to
read as follows:
§ 210-D. DATA REPORTING REQUIREMENTS FOR GRADUATE-LEVEL TEACHER AND
EDUCATIONAL LEADER PROGRAMS. EACH INSTITUTION REGISTERED BY THE DEPART-
MENT WITH GRADUATE-LEVEL TEACHER AND LEADER EDUCATION PROGRAMS SHALL
REPORT TO THE DEPARTMENT DATA IN A FORM PRESCRIBED BY THE COMMISSIONER
REGARDING DEMOGRAPHIC DATA, ON STUDENTS PARTICIPATING IN AND COMPLETING
REGISTERED GRADUATE-LEVEL TEACHER AND EDUCATIONAL LEADER PROGRAMS.
§ 3. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF THE
DIVISION OF HUMAN RIGHTS, SHALL ESTABLISH AND DEVELOP A RESPECT FOR
DIVERSITY PROGRAM WITHIN THE DEPARTMENT FOR THE EIGHTH AND NINTH GRADE.
SUCH PROGRAM SHALL INCLUDE BUT NOT BE LIMITED TO AGE-APPROPRIATE MODEL
CURRICULUM, EXEMPLAR LESSON PLANS, AND BEST PRACTICE INSTRUCTIONAL
RESOURCES DESIGNED TO PROMOTE AWARENESS AND RESPECT FOR DIVERSITY,
INCLUDING BUT NOT LIMITED TO RESPECT FOR DIVERSITY OF RACE, COLOR,
WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE,
DISABILITY, SEXUAL ORIENTATION, GENDER, OR SEX.
§ 4. The education law is amended by adding a new section 3614 to read
as follows:
§ 3614. STATEMENT OF THE TOTAL FUNDING ALLOCATION. NOTWITHSTANDING
ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, COMMENCING
WITH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR FOR
SCHOOL DISTRICTS LOCATED IN A CITY WITH A POPULATION OF ONE HUNDRED
TWENTY-FIVE THOUSAND OR MORE, SUCH SCHOOL DISTRICTS SHALL ANNUALLY
SUBMIT AND MAKE PUBLICLY AVAILABLE, INCLUDING ON THE DISTRICT WEBSITE, A
DETAILED STATEMENT OF THE TOTAL FUNDING ALLOCATION FOR EACH SCHOOL IN
THE DISTRICT FOR THE UPCOMING SCHOOL BUDGET YEAR PRIOR TO THE FIRST DAY
OF SUCH SCHOOL YEAR, PROVIDED THAT:
1. SUCH STATEMENTS SHALL BE IN A FORM DEVELOPED BY THE COMMISSIONER,
PROVIDED THAT WHEN PREPARING STATEMENTS DISTRICTS SHALL ADHERE TO AND
COMPLETE THE PRESCRIBED FORM ACCURATELY AND FULLY. PROVIDED, FURTHER,
THAT EACH LOCAL EDUCATIONAL AGENCY SHALL INCLUDE IN SUCH STATEMENT THE
APPROACH USED TO ALLOCATE FUNDS TO EACH SCHOOL AND THAT SUCH STATEMENT
SHALL INCLUDE BUT NOT BE LIMITED TO SEPARATE ENTRIES FOR EACH INDIVIDUAL
SCHOOL, DEMOGRAPHIC DATA FOR THE SCHOOL, PER PUPIL FUNDING LEVEL, SOURCE
OF FUNDS, AND UNIFORM DECISION RULES REGARDING ALLOCATION OF CENTRALIZED
SPENDING TO INDIVIDUAL SCHOOLS FROM BOTH STATE AND LOCAL FUNDS.
2. NOTHING IN THIS SECTION SHALL ALTER OR SUSPEND STATUTORY SCHOOL
DISTRICT BUDGET AND VOTING REQUIREMENTS.
§ 5. Paragraph b of subdivision 6-g of section 3602 of the education
law, as amended by section 11-a of part A of chapter 54 of the laws of
2016, is amended to read as follows:
b. The apportionment shall equal the product of (1) the sum of:
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 pursu-
ant to such subparagraph five multiplied by
(2) six-tenths, PROVIDED, HOWEVER, THAT THE APPORTIONMENT PAYABLE
PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TEN MILLION DOLLARS.
§ 6. Clauses (A) and (B) of subparagraph 5 of paragraph e of subdivi-
sion 3 of section 2853 of the education law, clause (A) as amended by
S. 7506--A 9
section 11 of part A of chapter 54 of the laws of 2016, and clause (B)
as amended by section 5 of part YYY of chapter 59 of the laws of 2017,
are amended to read as follows:
(A) the actual rental cost, INCLUDING BUT NOT LIMITED TO LEASE
PAYMENTS, COSTS OF CAPITAL IMPROVEMENTS, COSTS OF OCCUPANCY, MAINTENANCE
AND REPAIRS, UTILITIES, CUSTODIAL, SECURITY, INSURANCE AND REAL PROPERTY
TAXES, of an alternative privately owned site selected by the charter
school or
(B) [thirty] FORTY 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, 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.
§ 7. Intentionally omitted.
§ 8. Intentionally omitted.
§ 9. Paragraph r 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:
r. "Sparsity count", for districts operating a kindergarten through
grade twelve school program, shall mean the product of (i) the base year
public school enrollment of the district and (ii) THE SPARSITY FACTOR,
WHICH SHALL MEAN the quotient, computed to three decimals without round-
ing, of the positive remainder of twenty-five minus the enrollment per
square mile divided by fifty and nine tenths, but not less than zero.
Enrollment per square mile shall be the quotient, computed to two deci-
mals without rounding, of the public school enrollment of the school
district on the date enrollment was counted in accordance with this
subdivision for the base year divided by the square miles of the
district, as determined by the commissioner.
§ 9-a. Intentionally omitted.
§ 9-b. Intentionally omitted.
§ 9-c. Intentionally omitted.
§ 9-d. Intentionally omitted.
§ 10. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 22 of part YYY of chapter 59 of the
laws of 2017, 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
[seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN 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".
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Subdivision 12 of section 3602 of the education law, as amended
by section 3 of part A of chapter 56 of the laws of 2015, the fourth
undesignated paragraph as added by section 3 of part A of chapter 54 of
S. 7506--A 10
the laws of 2016, the closing paragraph as added by section 24 of part
YYY of chapter 59 of the laws of 2017, is amended to read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
For the two thousand nine--two thousand ten through two thousand four-
teen--two thousand fifteen school years, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" 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", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
For the two thousand fifteen--two thousand sixteen 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 head-
ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
by the commissioner in support of the budget for the two thousand four-
teen--two thousand fifteen school year and entitled "SA141-5", 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.
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.
For the two thousand seventeen--two thousand eighteen 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 "2016-17 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand sixteen--two thousand seventeen school year and entitled
"SA161-7", 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.
FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN 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 "2017-18 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
S. 7506--A 11
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED
"SA171-8", 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.
§ 14. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 25 of part YYY of chapter 59 of the
laws of 2017, 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 [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN 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".
§ 15. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 26 of part YYY of chapter 59 of the
laws of 2017, is amended to read as follows:
Notwithstanding any provision of law to the contrary, (i) 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 (ii) for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en 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 electronic 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 commis-
sioner, for the two thousand nine--two thousand ten and two thousand
ten--two thousand eleven school years, such school district shall be
eligible for a maximum grant equal to the amount computed pursuant to
S. 7506--A 12
paragraph a of subdivision nine of this section in the two thousand
eight--two thousand nine school year, and (iii) 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 PREKINDERGARTEN" 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 (iv) for two thousand twelve--two thou-
sand thirteen through two thousand sixteen--two thousand seventeen
school years each school district shall be eligible for a maximum grant
equal to the greater of (A) 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 commis-
sioner in support of the enacted budget for the 2011-12 school year and
entitled "SA111-2", or (B) 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 subdivi-
sion twenty-one of section three hundred five of this chapter, and (v)
for the two thousand seventeen--two thousand eighteen AND TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN school [year] YEARS, each school
district shall be eligible to receive a grant amount equal to the sum of
(A) the amount set forth for such school district as "UNIVERSAL PREKIN-
DERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand sixteen--two thousand seventeen school year
and entitled "SA161-7" plus (B) the amount awarded to such school
district for the priority full-day prekindergarten and expanded half-day
prekindergarten grant program for high need students for the two thou-
sand sixteen--two thousand seventeen school year pursuant to chapter
fifty-three of the laws of two thousand thirteen, and (vi) for the two
thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school
year, each school district shall be eligible to receive a grant amount
equal to the sum of (A) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" in the school aid computer listing produced
by the commissioner in support of the enacted budget for the two thou-
sand [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN school year
plus (B) the amount awarded to such school district for the federal
preschool development expansion grant for the two thousand seventeen--
two thousand eighteen school year pursuant to the American Recovery and
Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title
XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of
the Department of Defense and Full-Year Continuing Appropriations Act,
2011 (Pub. L. 112-10), and the Department of Education Appropriations
Act, 2012 (Title III Division F of Pub. L. 112-74, the Consolidated
Appropriations Act, 2012)[, and (vii) for the two thousand nineteen--two
thousand twenty school year, each school district shall be eligible to
receive a grant amount equal to the sum of (A) the amount set forth for
such school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the
computer file produced by the commissioner in support of the enacted
budget for the two thousand eighteen--two thousand nineteen school year]
plus [(B)] (C) the amount awarded to such school district for the
expanded prekindergarten program for three and four year-olds for the
two thousand eighteen--two thousand nineteen school year pursuant to
chapter sixty-one of the laws of two thousand fifteen plus [(C)] (D) the
amount awarded to such school district for the expanded prekindergarten
S. 7506--A 13
for three-year-olds in high need districts program for the two thousand
eighteen--two thousand nineteen school year pursuant to chapter fifty-
three of the laws of two thousand sixteen plus [(D)] (E) the amount
awarded to such school district for the expanded prekindergarten program
for three- and four-year-olds for the two thousand eighteen--two thou-
sand nineteen school year pursuant to a chapter of the laws of two thou-
sand seventeen plus [(E)] (F) the amount awarded to such school
district, subject to an available appropriation, through the pre-kinder-
garten expansion grant for the two thousand eighteen--two thousand nine-
teen school year, provided that such school district has met all
requirements pursuant to this section, and [(viii)] (VII) for the two
thousand twenty--two thousand twenty-one school year and thereafter,
each school district shall be eligible to receive a grant amount equal
to the sum of (A) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN ALLOCATION" on the computer file produced by
the commissioner in support of the enacted budget for the prior year
plus (B) the amount awarded to such school district, subject to an
available appropriation, through the pre-kindergarten expansion grant
for the prior year, provided that such school district has met all
requirements pursuant to this section, and provided further that the
maximum grant shall not exceed the total actual grant expenditures
incurred by the school district in the current school year as approved
by the commissioner.
§ 16. Subparagraphs (ii) and (iii) of paragraph b of subdivision 10 of
section 3602-e of the education law, as amended by section 26 of part
YYY of chapter 59 of the laws of 2017, are amended to read as follows:
(ii) "Full-day prekindergarten pupils" shall equal:
For the two thousand seventeen--two thousand eighteen school year the
sum of, from the priority full-day prekindergarten program, (A) the
maximum aidable pupils such district was eligible to serve in the base
year plus (B) the maximum aidable number of half-day prekindergarten
pupils converted into a full-day prekindergarten pupil in the base year;
For the two thousand eighteen--two thousand nineteen school year the
sum of, from [each of (A)] the programs pursuant to this section [and
(B) the federal preschool development expansion grant, (1)], (A) the
maximum aidable full-day prekindergarten pupils such district was eligi-
ble to serve in the base year plus [(2)] (B) the maximum aidable number
of half-day prekindergarten pupils converted into a full-day prekinder-
garten pupil in the base year;
For the two thousand nineteen--two thousand twenty school year the sum
of, from each of (A) the programs pursuant to this section, (B) THE
FEDERAL PRESCHOOL DEVELOPMENT EXPANSION GRANT, (C) the expanded prekin-
dergarten program, [(C)] (D) the expanded prekindergarten for three-
year-olds, [(D)] (E) the expanded prekindergarten program for three- and
four-year-olds, and [(E)] (F) the prekindergarten expansion grant, (1)
the maximum aidable full-day prekindergarten pupils such district was
eligible to serve in the base year, plus (2) the maximum aidable number
of half-day prekindergarten pupils converted into a full-day prekinder-
garten pupil in the base year;
For the two thousand twenty--two thousand twenty-one school year and
thereafter the sum of, from each of (A) the programs pursuant to this
section and (B) the pre-kindergarten expansion grant, (1) the maximum
aidable full-day prekindergarten pupils such district was eligible to
serve in the base year, plus (2) the maximum aidable number of half-day
prekindergarten pupils converted into a full-day prekindergarten pupil
in the base year;
S. 7506--A 14
(iii) "Half-day prekindergarten pupils" shall equal:
For the two thousand seventeen--two thousand eighteen school year the
sum of the maximum aidable half-day prekindergarten pupils such district
was eligible to serve for the base year from (A) the program pursuant to
this section plus such pupils from (B) the priority full-day prekinder-
garten program, less the maximum aidable number of half-day prekinder-
garten pupils converted into a full-day prekindergarten pupil under the
priority full-day prekindergarten program for the base year;
For the two thousand eighteen--two thousand nineteen school year the
maximum aidable half-day prekindergarten pupils such district was eligi-
ble to serve for the base year from [(A) the program pursuant to this
section less (B) the maximum aidable number of half-day prekindergarten
pupils converted into a full-day prekindergarten pupil under the federal
preschool development expansion grant for the base year] THE PROGRAM
PURSUANT TO THIS SECTION;
For the two thousand nineteen--two thousand twenty school year the sum
of the maximum aidable half-day prekindergarten pupils such district was
eligible to serve for the base year from (A) the program pursuant to
this section plus such pupils from (B) the expanded prekindergarten
program plus such pupils from (C) the expanded prekindergarten for
three-year-olds plus such pupils from (D) the expanded prekindergarten
program for three- and four-year-olds plus such pupils from (E) the
prekindergarten expansion grant, less the sum of the maximum aidable
number of half-day prekindergarten pupils converted into a full-day
prekindergarten pupil under each of (1) THE FEDERAL PRESCHOOL EXPANSION
GRANT FOR THE BASE YEAR PLUS SUCH PUPILS FROM (2) the expanded prekin-
dergarten program plus such pupils from [(2)] (3) the expanded prekin-
dergarten for three-year-olds plus such pupils from [(3)] (4) the
expanded prekindergarten program for three- and four-year-olds plus such
pupils from [(4)] (5) the prekindergarten expansion grant for the base
year;
For the two thousand twenty--two thousand twenty-one school year and
thereafter the sum of the maximum aidable half-day prekindergarten
pupils such district was eligible to serve for the base year from (A)
the program pursuant to this section plus such pupils from (B) the pre-
kindergarten expansion grant, less the maximum aidable number of half-
day prekindergarten pupils converted into a full-day prekindergarten
pupil under the prekindergarten expansion grant for the base year;
§ 17. The closing paragraph of paragraph b of subdivision 10 of
section 3602-e of the education law, as amended by section 26 of part
YYY of chapter 59 of the laws of 2017, is amended to read as follows:
For the purposes of this paragraph:
(A) "Priority full-day prekindergarten program" shall mean the priori-
ty full-day prekindergarten and expanded half-day prekindergarten grant
program for high need students pursuant to chapter fifty-three of the
laws of two thousand thirteen;
(B)"Federal preschool development expansion grant" shall mean the
federal preschool development expansion grant pursuant to the American
Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and
14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of
Division B of the Department of Defense and Full-Year Continuing Appro-
priations Act, 2011 (Pub. L. 112-10), and the Department of Education
Appropriations Act, 2012 (Title III Division F of Pub. L. 112-74, the
Consolidated Appropriations Act, 2012);
S. 7506--A 15
(C) "Expanded prekindergarten program" shall mean the expanded prekin-
dergarten program for three- and four year-olds pursuant to chapter
sixty-one of the laws of two thousand fifteen;
(D) "Expanded prekindergarten for three-year-olds" shall mean the
expanded prekindergarten for three-year-olds in high need districts
program pursuant to chapter fifty-three of the laws of two thousand
sixteen;
(E) "Expanded prekindergarten program for three- and four-year-olds"
shall mean the expanded prekindergarten program for three- and four-
year-olds pursuant to a chapter of the laws of two thousand seventeen;
(F) "Prekindergarten expansion grant" shall mean the prekindergarten
expansion grant for the two thousand eighteen--two thousand nineteen
school year and thereafter, PURSUANT TO SUBDIVISION EIGHTEEN OF THIS
SECTION, to the extent such program was available subject to appropri-
ation, and provided that such school district has met all requirements
pursuant to this section.
§ 18. Subdivision 11 of section 3602-e of the education law, as
amended by section 27 of part YYY of chapter 59 of the laws of 2017, is
amended to read as follows:
11. Maintenance of effort reduction. Where a school district's current
year prekindergarten pupils served is less than its prekindergarten
maintenance of effort base, the school district shall have its current
year apportionment [reduced by] EQUAL TO the product of the maintenance
of effort factor computed in paragraph b of subdivision ten of this
section multiplied by the grant amount it was eligible to receive pursu-
ant to subdivision ten of this section.
§ 19. Subdivision 16 of section 3602-ee of the education law, as
amended by section 31 of part YYY of chapter 59 of the laws of 2017, 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
[eighteen] NINETEEN; provided that the program shall continue and remain
in full effect.
§ 20. Intentionally omitted.
§ 21. The opening paragraph of section 3609-a of the education law, as
amended by section 33 of part YYY of chapter 59 of the laws of 2017, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand seventeen--two thousand eighteen 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 current year aids pursuant to subdivision seven of
section thirty-six hundred four of this part or any deduction from
apportionment payable pursuant to this chapter for collection of a
school district basic contribution as defined in subdivision eight of
section forty-four hundred one of this chapter, less any grants provided
pursuant to subparagraph two-a of paragraph b of subdivision four of
section ninety-two-c of the state finance law, less any grants provided
pursuant to subdivision six of section ninety-seven-nnnn of the state
S. 7506--A 16
finance law, less any grants provided pursuant to subdivision twelve of
section thirty-six hundred forty-one of this article, or (ii) the appor-
tionment 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 busi-
ness 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 seventeen--two thousand eighteen school year, reference to such
"school aid computer listing for the current year" shall mean the print-
outs entitled "SA171-8"] FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--
TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED"
SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE
RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT
TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
WHICH INCLUDES THE 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 SUBDIVISIONS SIX-A AND
FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY
REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT
PAYABLE PURSUANT TO THIS 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. FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO
THOUSAND NINETEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER
LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
"SA181-9".
§ 22. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 34 of part YYY of chapter 59 of the laws of
2017, 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
S. 7506--A 17
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 [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN.
§ 23. Subdivision 6 of section 4402 of the education law, as amended
by section 35 of part YYY of chapter 59 of the laws of 2017, 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 [eighteen] NINETEEN of the
two thousand [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN
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 population of one
million or more, classes that have a maximum class size of fifteen may
be increased by no more than one student and provided that the projected
average class size shall not exceed the maximum specified in the appli-
cable 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 certif-
ication 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 pursuant to
this subdivision, the commissioner shall be authorized to terminate such
S. 7506--A 18
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 24. Intentionally omitted.
§ 25. 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
44 of part YYY of chapter 59 of the laws of 2017, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section 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, 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, [and] reimbursement for the 2017--2018 school year
shall not exceed 60.4 percent of the lesser of such approvable costs per
contact hour or thirteen dollars and ninety cents per contact hour, AND
REIMBURSEMENT FOR THE 2018--2019 SCHOOL YEAR SHALL NOT EXCEED 59.4
PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR FOUR-
TEEN DOLLARS AND SEVENTY-FIVE 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 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); [and] WHEREAS for the 2017--2018 school year such
contact hours shall not exceed one million five hundred forty-nine thou-
sand four hundred sixty-three (1,549,463); AND FOR THE 2018--2019 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED
FORTY-NINE THOUSAND FOUR HUNDRED SIXTY-THREE (1,549,463). Notwithstand-
ing any other provision of law to the contrary, the apportionment calcu-
lated for the city school district of the city of New York pursuant to
subdivision 11 of section 3602 of the education law shall be computed as
if such contact hours provided by the consortium for worker education,
not to exceed the contact hours set forth herein, were eligible for aid
in accordance with the provisions of such subdivision 11 of section 3602
of the education law.
§ 26. 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 w to read as follows:
W. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2018--2019 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 27. 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 46 of part YYY
of chapter 59 of the laws of 2017, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2018] 2019.
S. 7506--A 19
§ 28. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 47 of part YYY of chapter
59 of the laws of 2017, 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,
[2018] 2019 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, [2018] 2019;
§ 29. The education law is amended by adding a new section 4403-a to
read as follows:
§ 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
S. 7506--A 20
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
§ 30. Section 8 of chapter 89 of the laws of 2016, relating to supple-
mentary funding for dedicated programs for public school students in the
East Ramapo central school district, as amended by section 49 of part
YYY of chapter 59 of the laws of 2017, is amended to read as follows:
§ 8. This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, [2018] 2019, EXCEPT THAT PARAGRAPH (B) OF
SECTION FIVE OF THIS ACT AND SECTION SEVEN OF THIS ACT SHALL EXPIRE AND
BE DEEMED REPEALED JUNE 30, 2021.
§ 31. 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 50 of part YYY
of chapter 59 of the laws of 2017, is amended to read as follows:
§ 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, [2018] 2019 when
upon such date the provisions of this act shall be deemed repealed.
§ 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 32 of part A of chapter 54 of the laws of 2016, 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, [2018] 2020.
§ 33. 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 12 of part YYY of chapter 59 of the laws of 2017, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2018] 2019.
§ 34. 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 13 of part YYY of chapter 59 of the
laws of 2017, is amended to read as follows:
§ 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, [2018] 2019.
§ 35. Section 2 of subpart B of part AA of chapter 56 of the laws of
2014, amending the education law relating to providing that standardized
test scores shall not be included on a student's permanent record, is
amended to read as follows:
S. 7506--A 21
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on December 31, [2018] 2019.
§ 36. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2018-2019 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.
§ 37. 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 2019 and not later than the last day of the third full
business week of June 2019, 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, 2019, for salary expenses incurred between April 1 and
June 30, 2018 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
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
S. 7506--A 22
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.
§ 38. 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, 2019, 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, 2019 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
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
S. 7506--A 23
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.
§ 39. Intentionally omitted.
§ 40. 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 2018--2019 school year, as a non-component school
district, services required by article 19 of the education law.
§ 41. The amounts specified in this section shall be a setaside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2018--2019 school year. For the city
school district of the city of New York there shall be a setaside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Breakfast after the Bell program, five million dollars ($5,000,000); for
the Newburgh city school district, four million six hundred forty-five
thousand dollars ($4,645,000); for the Poughkeepsie city school
district, two million four hundred seventy-five thousand dollars
($2,475,000); for the Mount Vernon city school district, two million
dollars ($2,000,000); for the New Rochelle city school district, one
million four hundred ten thousand dollars ($1,410,000); for the Schenec-
tady city school district, one million eight hundred thousand dollars
($1,800,000); for the Port Chester city school district, one million one
hundred fifty thousand dollars ($1,150,000); for the White Plains city
school district, nine hundred thousand dollars ($900,000); for the
Niagara Falls city school district, six hundred thousand dollars
($600,000); for the Albany city school district, three million five
hundred fifty thousand dollars ($3,550,000); for the Utica city school
district, two million dollars ($2,000,000); for the Beacon city school
district, five hundred sixty-six thousand dollars ($566,000); for the
Middletown city school district, four hundred thousand dollars
($400,000); for the Freeport union free school district, four hundred
thousand dollars ($400,000); for the Greenburgh central school district,
three hundred thousand dollars ($300,000); for the Amsterdam city school
district, eight hundred thousand dollars ($800,000); for the Peekskill
city school district, two hundred thousand dollars ($200,000); and for
the Hudson city school district, four hundred thousand dollars
($400,000).
b. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such setaside 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 promote diversity
S. 7506--A 24
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
c. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2018--2019 school year, and
for any city school district in a city having a population of more than
one million, the setaside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2018--2019 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
d. For the purpose of teacher support for the 2018--2019 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 42. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2017 enacting
the aid to localities budget shall be apportioned for the 2018-2019
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 2018-2019
S. 7506--A 25
by a chapter of the laws of 2018 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion 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.
§ 43. 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.
§ 44. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2018; provided,
however, that:
1. Sections one, four, five, six, nine, ten, thirteen, fourteen,
fifteen, sixteen, seventeen, eighteen, nineteen, twenty-one, twenty-two,
twenty-three, thirty-six, forty and forty-one of this act shall take
effect July 1, 2018; and
2. The amendments to 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 made by sections twenty-five and
twenty-six of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
3. Section twenty-eight of this act 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 A-1
Section 1. Subdivision 4 of section 3602 of the education law, as
amended by section 16-a of part YYY of chapter 59 of the laws of 2017,
is amended to read as follows:
4. Total foundation aid. In addition to any other apportionment pursu-
ant 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 foundation formula aid, provided, however that
for the two thousand seven--two thousand eight through two thousand
eight--two thousand nine school years, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section, plus the phase-in 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
S. 7506--A 26
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 foun-
dation increase computed pursuant to paragraph b of this subdivision,
and provided further that for the two thousand sixteen--two thousand
seventeen school year, no eligible school districts shall receive total
foundation aid in excess of the sum of the total foundation aid base
computed pursuant to subparagraph (ii) of paragraph j of subdivision one
of this section plus the sum of (A) the phase-in foundation increase,
(B) the executive foundation increase with a minimum increase pursuant
to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
NITY 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 founda-
tion 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 thou-
sand 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 thousandths 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 there-
in, nor more than the product of such total foundation aid base and one
hundred fifteen percent for any school year other than the two thousand
seventeen--two thousand eighteen school year, provided, however, that
for the two thousand sixteen--two thousand seventeen school year such
maximum shall be no more than the sum of (i) the product of such total
foundation aid base and one hundred fifteen percent plus (ii) the execu-
S. 7506--A 27
tive 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
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.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
(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 seventeen--two thousand eighteen school
years, the foundation amount shall be further adjusted by the phase-in
foundation percent established pursuant to paragraph b of this subdivi-
sion.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
S. 7506--A 28
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income wealth
index shall not be less than zero for the two thousand thirteen--two
thousand fourteen school year. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of this section.
Total wealth foundation pupil units shall be calculated pursuant to
paragraph h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the positive difference, if any, of (i) the product of the
total aidable foundation pupil units multiplied by the district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
(2) (i) Phase-in foundation percent. The phase-in foundation percent
shall equal one hundred thirteen and fourteen one hundredths percent
(1.1314) for the two thousand eleven--two thousand twelve school year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand twelve--two thousand thirteen school year, one hundred seven
and sixty-eight hundredths percent (1.0768) for the two thousand thir-
teen--two thousand fourteen school year, one hundred five and six
hundredths percent (1.0506) for the two thousand fourteen--two thousand
fifteen school year, and one hundred two and five tenths percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.
(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
S. 7506--A 29
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
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 the foundation aid phase-in increase
factor 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 thou-
sand 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
S. 7506--A 30
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 thou-
sand 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), provided further
that for the two thousand seventeen--two thousand eighteen school year
the foundation aid increase phase-in factor shall equal (1) for school
districts with a census 2000 poverty rate computed pursuant to paragraph
q of subdivision one of this section equal to or greater than twenty-six
percent (0.26), ten and three-tenths percent (0.103), or (2) for a
school district in a city with a population in excess of one million or
more, seventeen and seventy-seven one-hundredths percent (0.1777), or
(3) 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 decennial census, twelve and sixty-nine hundredths percent
(0.1269) 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 thou-
sand, as of the most recent federal decennial census, ten and seventy-
eight one hundredths percent (0.1078), or (5) for a city school district
in a city with a population of more than one hundred twenty-five thou-
sand but less than one hundred fifty thousand as of the most recent
federal decennial census, nineteen and one hundred eight one-thousandths
percent (0.19108), or (6) 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, ten and
six-tenths percent (0.106), or (7) for all other districts, four and
eighty-seven one-hundredths percent (0.0487), and for the two thousand
[eighteen] NINETEEN--two thousand [nineteen] TWENTY school year and
thereafter the commissioner shall annually determine the phase-in foun-
dation 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 therein.
S. 7506--A 31
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year and thereafter,
the additional amount payable to each school district pursuant to this
subdivision in the current year as total foundation aid, after deducting
the total foundation aid base, shall be deemed a state grant in aid
identified by the commissioner for general use for purposes of section
seventeen hundred eighteen of this chapter.
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.
b-3. Due minimum for the two thousand seventeen--two thousand eighteen
school year. Notwithstanding any other provision of law to the contrary,
for the two thousand seventeen--two thousand eighteen school year the
total foundation aid shall not be less than (A) the sum of the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section plus the product of (i) the difference of the amount set
forth for such school district as "FOUNDATION AID" under the heading
"2017-18 ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the executive budget request for the two
thousand seventeen--two thousand eighteen school year and entitled
"BT171-8" less the amount set forth for such school district as "FOUNDA-
TION AID" under the heading "2016-17 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the execu-
tive budget request for the two thousand seventeen--two thousand eigh-
teen school year and entitled "BT171-8" multiplied by (ii) one and eigh-
teen one-hundredths (1.18), or (B) the product of forty-four and
seventy-five one-hundredths percent (0.4475) multiplied by total founda-
tion aid as computed pursuant to paragraph a of this subdivision, or (C)
the sum of the total foundation aid base computed pursuant to paragraph
j of subdivision one of this section plus the due minimum for the two
thousand seventeen--two thousand eighteen school year, where such due
minimum shall equal (1) for school districts with a census 2000 poverty
rate computed pursuant to paragraph q of subdivision one of this
section, equal to or greater than eleven and nine-tenths percent
(0.119), the product of the foundation aid base for the two thousand
seventeen--two thousand eighteen school year computed pursuant to
subparagraph (iii) of paragraph j of subdivision one of this section
multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2)
for all other school districts the product of the foundation aid base
for the two thousand seventeen--two thousand eighteen school year
computed pursuant to subparagraph (iii) of paragraph j of subdivision
S. 7506--A 32
one of this section multiplied by two and seventy-four one-hundredths
percent (0.0274).
b-4. Additional increase for the two thousand seventeen-two thousand
eighteen school year. For the two thousand seventeen-two thousand eigh-
teen school year, any school district eligible to receive a phase-in
foundation increase pursuant to this subdivision shall receive an addi-
tional foundation increase equal to the sum of tiers A, B, C, and D as
defined herein.
(i) Tier A. For all school districts other than a district within a
city with a population of one million or more, with a combined wealth
ratio less than two (2.0), where either (A) the quotient arrived at by
dividing the English language learner count pursuant to paragraph o of
subdivision one of this section for the base year by the public school
district enrollment for the base year pursuant to paragraph n of subdi-
vision one of this section is greater than two one-hundredths (0.02) or
(B) the quotient arrived at by dividing the difference of the English
language learner count pursuant to paragraph o of subdivision one of
this section for the base year less such count for one year prior to the
base year by the public school district enrollment for one year prior to
the base year pursuant to paragraph n of subdivision one of this section
is greater than one one-thousandth (0.001), tier A shall equal the prod-
uct of (A) the difference of two minus the combined wealth ratio multi-
plied by (B) one hundred dollars ($100.00) multiplied by (C) the English
language learner count for the base year.
(ii) Tier B. For any school district (A) where the amount set forth as
"25% LIMIT CAP ON INCREASE" on the computer file produced by the commis-
sioner in support of the enacted budget for the two thousand seven--two
thousand eight school year and entitled "SA070-8" is less than zero and
(B) with a combined wealth ratio computed pursuant to paragraph c of
subdivision three of this section greater than one (1.0), tier B shall
equal the product of (A) the sum of (1) the difference of total founda-
tion aid less the foundation aid base plus (2) the difference of the
amount set forth for such school district as "FOUNDATION AID" under the
heading "2017-18 ESTIMATED AIDS" in the school aid computer listing
produced by the commissioner in support of the executive budget request
and entitled "BT1718" less the foundation aid base multiplied by (B) ten
and two-tenths percent (0.102).
(iii) Tier C. For all school districts with a combined wealth ratio
for total foundation aid computed pursuant to paragraph c of subdivision
three of this section less than one (1.0), tier C shall be the greater
of (A) for 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", the product of
the public school district enrollment for the base year pursuant to
paragraph n of subdivision one of this section multiplied by one hundred
sixty-seven dollars and forty cents ($167.40) or (B) for school
districts with a sparsity factor as set forth on the computer listing
produced by the commissioner in support of the enacted budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8" of greater than zero, the product of the public school
district enrollment for the base year multiplied by one hundred eighty-
eight dollars ($188.00).
(iv) Tier D. For all school districts, other than districts within a
city with a population of one hundred twenty-five thousand or more, with
S. 7506--A 33
a selected poverty rate of greater than eighteen hundredths (0.18), tier
D shall equal the product of the selected poverty rate multiplied by the
school district public enrollment for the base year multiplied by two
hundred forty dollars ($240.00), provided, however, that for districts
within a city with a population of greater than one hundred twenty-five
thousand but less than one million and a selected poverty rate of great-
er than eighteen hundredths (0.18), tier D shall equal the product of
the selected poverty rate multiplied by school district public enroll-
ment for the base year multiplied by three hundred forty-four dollars
($344.00), and for a city school district in a city with a population of
one million or more, tier D shall equal the product of the selected
poverty rate multiplied by school district public enrollment for the
base year multiplied by twenty-nine cents ($0.29).
c. Public excess cost aid setaside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal to the product of: (i) the
difference between the amount the school district was eligible to
receive in the two thousand six--two thousand seven school year pursuant
to or in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand seven, minus
the amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such para-
graph existed on June thirtieth, two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price index for
the two thousand six--two thousand seven school year, as computed pursu-
ant to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public excess cost aid
setaside shall be paid pursuant to section thirty-six hundred nine-b of
this part.
d. For the two thousand fourteen--two thousand fifteen through two
thousand [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN 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.
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 sum of (i) the amount, if
any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the
data file produced by the commissioner in support of the enacted budget
for the two thousand sixteen--two thousand seventeen school year and
entitled "SA161-7" [and], (ii) the amount, if any, set forth for such
district as "COMMUNITY SCHL INCR" in the data file produced by the
commissioner in support of the executive budget request for the two
thousand seventeen--two thousand eighteen school year and entitled
"BT171-8", AND (III) THE AMOUNT, IF ANY, SET FORTH FOR SUCH DISTRICT AS
"COMMUNITY SCHOOLS INCREASE" IN THE DATA FILE PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND EIGH-
TEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED "BT181-9". Each
school district shall use such "COMMUNITY SCHL AID (BT1617)" amount to
support the transformation of school buildings into community hubs to
deliver co-located or school-linked academic, health, mental health,
nutrition, counseling, legal and/or other services to students and their
families, including but not limited to providing a community school site
coordinator, or to support other costs incurred to maximize students'
academic achievement. Each school district shall use such "COMMUNITY
S. 7506--A 34
SCHL INCR" amount to support the transformation of school buildings into
community hubs to deliver co-located or school linked academic, health,
mental health services and personnel, after-school programming, dual
language programs, nutrition, counseling, legal and/or other services to
students and their families, including but not limited to providing a
community school site coordinator and programs for English language
learners, or to support other costs incurred to maximize students'
academic achievement, provided however that a school district whose
"COMMUNITY SCHL INCR" amount exceeds one million dollars ($1,000,000)
shall use an amount equal to the greater of one hundred fifty thousand
dollars ($150,000) or ten percent of such "COMMUNITY SCHL INCR" amount
to support such transformation at schools with extraordinary high levels
of student need as identified by the commissioner, subject to the
approval of the director of the budget. EACH SCHOOL DISTRICT MAY USE
SUCH "COMMUNITY SCHOOLS INCREASE" IN THE DATA FILE PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED "BT181-9" TO
SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO
DELIVER CO-LOCATED OR SCHOOL LINKED ACADEMIC, HEALTH, MENTAL HEALTH
SERVICES AND PERSONNEL, AFTER-SCHOOL PROGRAMMING, DUAL LANGUAGE
PROGRAMS, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS
AND THEIR FAMILIES, OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE
STUDENTS' ACADEMIC ACHIEVEMENT, INCLUDING BUT NOT LIMITED TO PROVIDING A
COMMUNITY SCHOOL SITE COORDINATOR AND PROGRAMS FOR ENGLISH LANGUAGE
LEARNERS OR TO MAXIMIZE STUDENT ACHIEVEMENT.
F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO THOU-
SAND NINETEEN SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF (1) THE VALUATION
INCREASE, (2) THE ADJUSTED FOUNDATION AID INCREASE, AND (3) THE EXECU-
TIVE FOUNDATION AID INCREASE. FOR THE PURPOSES OF THIS PARAGRAPH, THE
"EXECUTIVE FOUNDATION AID INCREASE" SHALL BE EQUAL TO THE DIFFERENCE OF
(A) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID"
UNDER THE HEADING "2018-19 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR
AND ENTITLED "BT181-9" LESS (B) THE AMOUNTS SET FORTH FOR EACH SCHOOL
DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2017-18 BASE YEAR AIDS"
IN SUCH COMPUTER LISTING.
(1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE
THAN ONE MILLION, THE "VALUATION INCREASE" SHALL BE EQUAL TO ONE HUNDRED
SIXTY MILLION, THREE HUNDRED FIFTY THOUSAND DOLLARS ($160,350,000). FOR
A CITY SCHOOL DISTRICT WITH A POPULATION OF MORE THAN ONE HUNDRED TWEN-
TY-FIVE THOUSAND INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, THE
"VALUATION INCREASE" SHALL BE EQUAL TO THE PRODUCT OF (A) THE ACTUAL
VALUATION CHANGE FACTOR, MULTIPLIED BY (B) PUBLIC SCHOOL DISTRICT
ENROLLMENT FOR THE CURRENT YEAR PURSUANT TO PARAGRAPH N OF SUBDIVISION
ONE OF THIS SECTION, MULTIPLIED BY (C) FIVE HUNDRED FIFTY DOLLARS
($550). FOR PURPOSES OF THIS SUBPARAGRAPH, THE "ACTUAL VALUATION CHANGE
FACTOR" SHALL BE EQUAL TO THE DIFFERENCE OF NINETEEN HUNDREDTHS (0.19)
LESS THE ABSOLUTE VALUE OF THE QUOTIENT ARRIVED AT WHEN DIVIDING (I) THE
DIFFERENCE OF ACTUAL VALUATION DEFINED PURSUANT TO PARAGRAPH C OF SUBDI-
VISION ONE OF THIS SECTION LESS SUCH ACTUAL VALUATION FOR THE CALENDAR
YEAR THREE YEARS PRIOR TO THE CALENDAR YEAR IN WHICH THE BASE YEAR
COMMENCED BY (II) ACTUAL VALUATION FOR THE CALENDAR YEAR THREE YEARS
PRIOR TO THE CALENDAR YEAR IN WHICH THE BASE YEAR COMMENCED.
S. 7506--A 35
(2) THE "ADJUSTED FOUNDATION AID INCREASE" SHALL BE THE GREATER OF THE
FOLLOWING FIVE TIERS FOR ALL DISTRICTS OTHER THAN CITY SCHOOL DISTRICTS
IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS.
(I) TIER ONE SHALL BE EQUAL TO THE DIFFERENCE OF THE PRODUCT OF THE
TIER ONE PERCENT MULTIPLIED BY THE FOUNDATION AID BASE. FOR PURPOSES OF
THIS SUBPARAGRAPH, THE "TIER ONE PERCENT" SHALL BE EQUAL TO (A) FOR
DISTRICTS WITH A COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH
ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN FIVE-
TENTHS (0.50), ONE HUNDRED FIFTY THOUSANDTHS (0.015), (B) FOR DISTRICTS
WITH A COMBINED WEALTH RATIO GREATER THAN OR EQUAL TO FIVE-TENTHS (0.50)
AND LESS THAN ONE AND THIRTEEN HUNDREDTHS (1.13), ONE THOUSAND FOUR
HUNDRED NINETY FIVE HUNDRED-THOUSANDTHS (0.01495), (C) FOR DISTRICTS
WITH A COMBINED WEALTH RATIO GREATER THAN OR EQUAL TO ONE AND THIRTEEN
HUNDREDTHS (1.13) AND LESS THAN THREE AND FOUR-TENTHS (3.4), ONE HUNDRED
FORTY-NINE TEN-THOUSANDTHS (0.0149), OR (D) FOR DISTRICTS WITH A
COMBINED WEALTH RATIO GREATER THAN OR EQUAL TO THREE AND FOUR-TENTHS
(3.4), ONE HUNDRED FORTY-EIGHT TEN-THOUSANDTHS (0.0148).
(II) FOR ELIGIBLE DISTRICTS, TIER TWO SHALL BE EQUAL TO THE PRODUCT OF
THE (A) ENGLISH LANGUAGE LEARNER FACTOR, MULTIPLIED BY (B) THE PRODUCT
OF PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE CURRENT YEAR PURSUANT TO
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, MULTIPLIED BY (C) SEVEN-
TY-NINE DOLLARS AND FIFTY CENTS ($79.50). A DISTRICT IS ELIGIBLE FOR
TIER TWO IF THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE PRODUCT OF THE
ENGLISH LANGUAGE LEARNER COUNT, MULTIPLIED BY 50 PERCENT (0.50), BY (B)
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE CURRENT YEAR PURSUANT TO PARA-
GRAPH N OF SUBDIVISION ONE OF THIS SECTION, IS GREATER THAN THREE
PERCENT (0.03). FOR PURPOSES OF THIS SUBPARAGRAPH, THE ENGLISH LANGUAGE
LEARNER FACTOR SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (A)
THREE (3.0) LESS (B) THE LESSER OF ONE OR THE COMBINED WEALTH RATIO.
(III) FOR ELIGIBLE DISTRICTS, TIER THREE SHALL BE EQUAL TO THE PRODUCT
OF (A) PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE CURRENT YEAR PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, MULTIPLIED BY (B) THE
SUM OF FIVE-TENTHS (0.5) PLUS THE THREE-YEAR AVERAGE FREE AND REDUCED
PRICE LUNCH PERCENT CALCULATED PURSUANT TO SUBPARAGRAPH (II) OF PARA-
GRAPH P OF SUBDIVISION ONE OF THIS SECTION, MULTIPLIED BY (C) TWO
HUNDRED SIXTY-TWO DOLLARS ($262.00). A DISTRICT IS ELIGIBLE FOR TIER
THREE IF THE SPARSITY COUNT DEFINED PURSUANT TO PARAGRAPH R OF SUBDIVI-
SION ONE OF THIS SECTION IS GREATER THAN ZERO.
(IV) TIER FOUR SHALL BE EQUAL TO THE PRODUCT OF FOUNDATION AID REMAIN-
ING MULTIPLIED BY THE TIER FOUR PERCENT. FOR PURPOSES OF THIS SUBPARA-
GRAPH, "FOUNDATION AID REMAINING" SHALL BE EQUAL TO THE POSITIVE DIFFER-
ENCE, IF ANY, OF (A) THE PRODUCT OF THE TOTAL AIDABLE FOUNDATION PUPIL
UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID LESS (B) THE
TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI-
SION ONE OF THIS SECTION; AND "TIER FOUR PERCENT" SHALL BE EQUAL TO (A)
FOR DISTRICTS WITH A COMBINED WEALTH RATIO LESS THAN TWENTY-FIVE
HUNDREDTHS (0.25), SIX-TENTHS (0.60), (B) FOR DISTRICTS WITH A COMBINED
WEALTH RATIO GREATER THAN OR EQUAL TO TWENTY-FIVE HUNDREDTHS (0.25) AND
LESS THAN ONE AND TWENTY-TWO HUNDREDTHS (1.22), THREE HUNDREDTHS (0.03),
OR (C) FOR DISTRICTS WITH A COMBINED WEALTH RATIO GREATER THAN OR EQUAL
TO ONE AND TWENTY-TWO HUNDREDTHS (1.22), ZERO.
(V) TIER FIVE SHALL BE EQUAL TO: FOR DISTRICTS WITH A COMBINED WEALTH
RATIO OF LESS THAN NINETY-ONE HUNDREDTHS (0.91), THE PRODUCT OF (A)
SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR PURSUANT TO PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY NINETY-FOUR DOLLARS AND
S. 7506--A 36
FORTY CENTS ($94.40), (B) FOR DISTRICTS WITH A COMBINED WEALTH RATIO
GREATER THAN OR EQUAL TO NINETY-ONE HUNDREDTHS (0.91) AND LESS THAN
THREE (3.0), THE PRODUCT OF (1) THE PHASE-IN MINIMUM FACTOR MULTIPLIED
BY (2) TWENTY DOLLARS ($20) MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT
ENROLLMENT FOR THE CURRENT YEAR PURSUANT TO PARAGRAPH N OF SUBDIVISION
ONE OF THIS SECTION, OR (C) FOR DISTRICTS WITH A COMBINED WEALTH RATIO
GREATER THAN OR EQUAL TO THREE (3.0), ZERO. FOR PURPOSES OF THIS SUBPAR-
AGRAPH, THE PHASE-IN MINIMUM FACTOR SHALL BE EQUAL TO THE LESSER OF (A)
THREE (3.0) OR (B) THE POSITIVE DIFFERENCE, IF ANY, OF FIVE (5.0) LESS
THE COMBINED WEALTH RATIO.
§ 2. Subdivision 9 of section 2852 of the education law, as amended by
section 2 of subpart A of part B of chapter 20 of the laws of 2015, is
amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not [exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section. Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
or more. The failure of any body to issue the regulations authorized
pursuant to this article shall not affect the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, shall not be counted toward the
numerical limits established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated on or
before July first, two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph.
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d)] BE SUBJECT TO RESTRICTIONS. Notwithstanding any provision of this
article to the contrary, any charter authorized to be issued by chapter
fifty-seven of the laws of two thousand seven effective July first, two
thousand seven, and that remains unissued as of July first, two thousand
fifteen, may be issued pursuant to the provisions of law applicable to a
charter authorized to be issued by such chapter in effect as of June
fifteenth, two thousand fifteen[; provided however that nothing in this
paragraph shall be construed to increase the numerical limit applicable
to a city having a population of one million or more as provided in
paragraph (a) of this subdivision, as amended by a chapter of the laws
of two thousand fifteen which added this paragraph].
S. 7506--A 37
§ 3. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by chapter 296 of the laws of 2016, is amended to read
as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, including
approved expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant to
section eleven hundred ten of the public health law, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess of thirty
thousand dollars shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed ten percent
of the total expenses for purposes of this computation. PROVIDED HOWEV-
ER, THAT FOR TEACHERS PROVIDING INSTRUCTION IN CAREER AND TECHNICAL
EDUCATION TO SCHOOL AGE STUDENTS, THE SALARY, TO BE CONSIDERED AS AN
APPROVED EXPENSE, SHALL NOT EXCEED THIRTY-FIVE THOUSAND DOLLARS FOR THE
TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER.
Any gifts, donations or interest earned by the board of cooperative
educational services or on behalf of the board of cooperative educa-
tional services by the dormitory authority or any other source shall not
be deducted in determining the cost of services allocated to each compo-
nent school district. Any payments made to a component school district
by the board of cooperative educational services pursuant to subdivision
eleven of section six-p of the general municipal law attributable to an
approved cost of service computed pursuant to this subdivision shall be
deducted from the cost of services allocated to such component school
district. The expense of transportation provided by the board of coop-
erative educational services pursuant to paragraph q of subdivision four
of this section shall be eligible for aid apportioned pursuant to subdi-
vision seven of section thirty-six hundred two of this chapter and no
board of cooperative educational services transportation expense shall
be an approved cost of services for the computation of aid under this
subdivision. Transportation expense pursuant to paragraph q of subdivi-
sion four of this section shall be included in the computation of the
ten percent limitation on administrative and clerical expenses.
§ 4. The education law is amended by adding a new section 3006-b to
read as follows:
§ 3006-B. COMPLIANCE WITH PART 154 OF THE COMMISSIONER'S REGULATIONS.
1. NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION, THIS
SECTION SHALL APPLY TO PUBLIC SCHOOL DISTRICTS FOR PURPOSES OF COMPLYING
WITH PART 154 OF THE COMMISSIONER'S REGULATIONS (8 NYCRR 154).
2. SCHOOL DISTRICTS THAT MAKE A GOOD FAITH EFFORT TO HIRE A TEACHER
THAT IS DUAL-CERTIFIED, BUT CANNOT HIRE SUCH TEACHER DUE TO A LACK OF
QUALIFIED OR ACCEPTABLE CANDIDATES, MAY SATISFY SUCH BY HIRING AN INDI-
VIDUAL WHO IS NOT DUAL-CERTIFIED, BUT WHO MEETS ONE OF THE FOLLOWING
CRITERIA: (I) HAS AT LEAST AN INITIAL TEACHING CERTIFICATE AND HAS
SCORED PROFICIENTLY ON A CONTENT SPECIALTY TEST IN THE LANGUAGE TO BE
INSTRUCTED IN; OR (II) IS CERTIFIED FOR "TEACHING ENGLISH TO SPEAKERS OF
OTHER LANGUAGES" (TESOL). SUCH INDIVIDUALS SHALL BE DEEMED TO SATISFY
INSTANCES WHERE A SECOND CERTIFIED TEACHER IS REQUIRED FOR INSTRUCTION
IN THE NATIVE LANGUAGE OF THE STUDENT BECAUSE THE PRIMARY TEACHER IS NOT
DUAL-CERTIFIED AND THE PRIMARY TEACHER IS PROVIDING CONTENT SPECIFIC
INSTRUCTION.
S. 7506--A 38
3. INDIVIDUALS MEETING EITHER OF THE CRITERIA IN SUBDIVISION TWO OF
THIS SECTION MAY ALSO BE USED FOR PURPOSES OF ADMINISTERING THE HOME
LANGUAGE QUESTIONNAIRE THAT IS USED FOR INITIAL IDENTIFICATION PURPOSES.
§ 5. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, PROVIDED THAT ANY RECOVERY INITIATED BY THE COMMISSIONER UNDER
THIS SUBDIVISION SHALL FIRST BE OFFSET BY ANY PENDING PAYMENT OF MONEYS
DUE TO SAID DISTRICT AS A PRIOR YEAR ADJUSTMENT PAYABLE PURSUANT TO
PARAGRAPH C OF THIS SUBDIVISION, AND THAT THE COMMISSIONER SHALL REMOVE
SUCH CLAIM FROM THE ORDERED LIST HE OR SHE PREPARES FOR SUCH PARAGRAPH
C, AND provided, however, that, upon notification of excess payments of
aid for which a recovery must be made by the state through deduction of
future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
S. 7506--A 39
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year. For claims for which payment is first to be made in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. It is
further provided that, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget.
§ 6. a. All the acts done and proceedings heretofore had and taken or
caused to be had and taken by a school district and by all officers,
employees or agents of each such school district relating to or in
connection with transportation contracts (1) identified by the state
education department as having been filed or executed late prior to June
30, 2018, and (2) for which an aid adjustment or recovery has not been
initiated by the state education department as of the effective date of
this act are hereby legalized, validated, ratified and confirmed,
notwithstanding any failure to comply with the contract filing
provisions of the education law, other than those filing provisions
defined in paragraph a of subdivision 5 of section 3604 of the education
law, in relation to any omission, error, defect, irregularity or ille-
gality in such proceeding had and taken.
b. The education department is hereby directed to consider the afore-
mentioned contracts for transportation aid as valid and proper obli-
gations of such school district.
§ 7. a. Notwithstanding any other provision of law to the contrary,
the actions or omissions of a school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing June 30 of the school year in which the certificate of substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by ratified and validated, provided the following conditions have been
met: (i) that such building project was eligible for aid in a year for
which the commissioner of education is required to prepare an estimate
of apportionments due and owing pursuant to paragraph c of subdivision
21 of section 305 of the education law, and (ii) (A) that the school
district was notified in writing by the state education department after
March 1, 2015 but before July 1, 2018 that such final building cost
reports were late, or (B) such building project was eligible for an
installment recovery pursuant to section 11 of part YYY of chapter 59 of
the laws of 2017 or sections 48, 49, 50, 51, and 52 of part A of chapter
54 of the laws of 2016 or sections 25-a, 25-b, 25-c, 25-d, and 25-e of
part A of chapter 56 of the laws of 2015 or section 9-a of part A of
chapter 56 of the laws of 2014 or section 24-a of part A of chapter 57
of the laws of 2013; provided, however, that notwithstanding any other
provision of law to the contrary, the state education department shall
not refund any monies for which recovery of excess payments has already
been made pursuant to paragraph c of subdivision 5 of section 3604 of
the education law and this act.
b. The education department is hereby directed to adjust the approved
costs of the aforementioned projects for the 2017--2018 school year and
S. 7506--A 40
thereafter to reflect the ratification and validation provided in this
act and to consider such adjusted approved costs as valid and proper
obligations of such school districts.
§ 8. Subdivisions 1, 2 and 7 of section 2116-b of the education law,
subdivisions 1 and 7 as added by chapter 263 of the laws of 2005, and
subdivision 2 as amended by section 4 of part A of chapter 57 of the
laws of 2013, are amended to read as follows:
1. No later than July first, two thousand six, each school district
shall establish an internal audit function to be in operation no later
than the following December thirty-first. Such function shall include:
(a) development of a risk assessment of district operations, including
but not limited to, a review of financial policies and procedures and
the testing and evaluation of district internal controls; (b) [an annu-
al] A review and update of such risk assessment; and (c) preparation of
reports[, at least annually or more frequently as the trustees or board
of education may direct,] which analyze significant risk assessment
findings, recommend changes for strengthening controls and reducing
identified risks, and specify timeframes for implementation of such
recommendations. AUDITS PERFORMED PURSUANT TO THIS SECTION SHALL BE
COMPLETED EVERY FIVE YEARS.
2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual enrollment
of less than [one] FIVE thousand [five hundred] students in the previous
school year shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner that
such school district meets the requirements set forth in this subdivi-
sion.
7. Nothing in this section shall be construed as requiring a school
district in any city with a population of one hundred twenty-five thou-
sand or more to replace or modify an existing internal audit function
where such function already exists by special or local law, so long as
the superintendent of the district [annually] certifies to the commis-
sioner that the existing internal audit function meets or exceeds the
requirements of this section; PROVIDED, HOWEVER, NOTWITHSTANDING ANY
SPECIAL OR LOCAL LAW TO THE CONTRARY, SCHOOL DISTRICTS SHALL PERFORM
SUCH INTERNAL AUDITS EVERY FIVE YEARS.
§ 9. The opening paragraph of section 3609-b of the education law, as
amended by section 33 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
Moneys apportioned to school districts for the excess cost aid seta-
side pursuant to subdivision four of section thirty-six hundred two of
this article and the apportionments for students with disabilities due
in accordance with the provisions of subdivisions five and five-a of
section thirty-six hundred two of this article and section forty-four
hundred five of this chapter, shall be paid to or on behalf of school
districts in accordance with the provisions of this section, provided,
however, that payments made to or on behalf of any school district
pursuant to this section shall be adjusted subsequent to the filing, in
an acceptable manner, of aid claim forms prescribed by the commissioner,
PROVIDED, THAT THE APPORTIONMENTS FOR STUDENTS WITH DISABILITIES DUE IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FIVE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS
CHAPTER, WHO ENROLL IN SCHOOL DISTRICTS AFTER OCTOBER FIRST, SHALL BE
BASED ON ATTENDANCE IN THE CURRENT SCHOOL YEAR AND SHALL BE PAID IN THE
S. 7506--A 41
CURRENT SCHOOL YEAR SUBJECT TO THIS SECTION AND SUBJECT TO THE STAC AND
AVL FILING DEADLINES ESTABLISHED BY THE COMMISSIONER.
§ 10. Section 207 of the education law is amended to read as follows:
§ 207. Legislative power. 1. Subject and in conformity to the consti-
tution and laws of the state, the regents shall exercise legislative
functions concerning the educational system of the state, determine its
educational policies, and, except, as to the judicial functions of the
commissioner [of education], establish rules for carrying into effect
the laws and policies of the state, relating to education, and the func-
tions, powers, duties and trusts conferred or charged upon the universi-
ty and the [education] department. But no enactment of the regents
shall modify in any degree the freedom of the governing body of any
seminary for the training of priests or clergymen to determine and regu-
late the entire course of religious, doctrinal or theological instruc-
tion to be given in such institution. No rule by which more than a
majority vote shall be required for any specified action by the regents
shall be amended, suspended or repealed by a smaller vote than that
required for action thereunder. Rules or regulations, or amendments or
repeals thereof, adopted or prescribed by the commissioner [of educa-
tion] as provided by law shall not be effective unless and until
approved by the regents, except where authority is conferred by the
regents upon the commissioner [of education] to adopt, prescribe, amend
or repeal such rules or regulations.
2. PRIOR TO PROMULGATION OF ANY RULE, REGULATION, AMENDMENT OR REPEAL,
PURSUANT TO THIS SECTION OF ANY OTHER PROVISION OF LAW GRANTING RULEMAK-
ING OR REGULATORY AUTHORITY, THE REGENTS SHALL REQUEST A FISCAL NOTE
FROM THE DIVISION OF BUDGET. NO RULE, REGULATION, AMENDMENT, OR REPEAL
SHALL BE PROMULGATED UNLESS A FISCAL NOTE FROM THE DIVISION OF BUDGET
HAS BEEN FILED WITH THE SECRETARY OF THE BOARD OF REGENTS. SUCH FISCAL
NOTE SHALL STATE THE ESTIMATED ANNUAL COSTS OF IMPLEMENTING THE RULE,
REGULATION, AMENDMENT, OR REPEAL TO THE STATE, SCHOOL DISTRICTS, AND ANY
OTHER APPLICABLE POLITICAL SUBDIVISIONS. THE REQUIREMENT FOR A FISCAL
NOTE MAY BE WAIVED AT THE DISCRETION OF THE DIRECTOR OF THE DIVISION OF
BUDGET FOR RULES, REGULATIONS, AMENDMENTS, OR REPEALS PROMULGATED PURSU-
ANT TO SUBDIVISION SIX OF SECTION TWO HUNDRED TWO OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT.
§ 11. Section 3 of chapter 507 of the laws of 1974, relating to
providing for the apportionment of state monies to certain nonpublic
schools, to reimburse them for their expenses in complying with certain
state requirements for the administration of state testing and evalu-
ation programs and for participation in state programs for the reporting
of basic educational data, as amended by section 17 of part YYY of chap-
ter 59 of the laws of 2017, is amended to read as follows:
§ 3. Apportionment. a. The commissioner shall annually apportion to
each qualifying school, for school years beginning on and after July
first, nineteen hundred seventy-four, an amount equal to the actual cost
incurred by each such school during the preceding school year for
providing services required by law to be rendered to the state in
compliance with the requirements of the state's pupil evaluation
program, the basic educational data system, regents examinations, the
statewide evaluation plan, the uniform procedure for pupil attendance
reporting, the state's immunization program and other similar state
prepared examinations and reporting procedures.
b. SUCH NONPUBLIC SCHOOLS SHALL BE ELIGIBLE TO RECEIVE AID BASED ON
THE NUMBER OF DAYS OR PORTION OF DAYS ATTENDANCE IS TAKEN AND EITHER A
5.0/5.5 HOUR STANDARD INSTRUCTIONAL DAY, OR ANOTHER WORK DAY AS CERTI-
S. 7506--A 42
FIED BY THE NONPUBLIC SCHOOL OFFICIALS. THE AVERAGE HOURLY RATE SHALL BE
COMPUTED USING THE FOLLOWING METHODOLOGY: THE TOTAL SALARY AND BENEFITS
OF THE INDIVIDUAL DIVIDED BY THE TOTAL NUMBER OF HOURS WORKED, WITH THE
TOTAL NUMBER OF HOURS WORKED BEING THE TOTAL NUMBER OF DAYS CLAIMED
MULTIPLIED BY THE TOTAL NUMBER OF HOURS CLAIMED PURSUANT TO THIS SUBDI-
VISION.
C. The commissioner shall annually apportion to each qualifying school
in the cities of New York, Buffalo and Rochester, for school years
beginning on or after July first, two thousand sixteen, an amount equal
to the actual cost incurred by each such school during the preceding
school year in meeting the recording and reporting requirements of the
state school immunization program, provided that the state's liability
shall be limited to the amount appropriated for this purpose.
§ 12. Subdivision 7 of section 3602 of the education law is amended by
adding a new paragraph f to read as follows:
F. IN ADDITION TO ANY OTHER APPORTIONMENT UNDER THIS SUBDIVISION, FOR
THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THERE-
AFTER, A PUBLIC SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS THAT
RECEIVES REVENUE FROM ANOTHER PUBLIC SCHOOL DISTRICT OR BOCES FOR ELIGI-
BLE SHARED TRANSPORTATION SERVICES, SHALL BE ELIGIBLE TO OFFSET A
PORTION OF SUCH REVENUE RECEIVED THAT REDUCES TOTAL EXPENSES ALLOWABLE
FOR AN APPORTIONMENT UNDER THIS SUBDIVISION. THE AMOUNT OF SUCH OFFSET
UNDER THIS PARAGRAPH SHALL BE EQUAL TO THE PRODUCT OF (1) THE AMOUNT OF
REVENUE RECEIVED FROM ANOTHER PUBLIC SCHOOL DISTRICT OR BOCES FOR
PROVIDING ELIGIBLE SHARED TRANSPORTATION SERVICES AND (2) THE PROVIDING
SCHOOL DISTRICT'S TRANSPORTATION AID RATIO UNDER THIS SUBDIVISION. FOR
THE PURPOSE OF THIS PARAGRAPH, THE COMMISSIONER SHALL BE AUTHORIZED TO
PROMULGATE REGULATIONS INCLUDING BUT NOT LIMITED TO THE IDENTIFICATION
OF TRANSPORTATION SERVICES ELIGIBLE FOR SHARING AMONG PARTICIPANTS, A
METHODOLOGY FOR CALCULATING THE COST OF SUCH SHARED TRANSPORTATION
SERVICES AMONG PARTICIPANTS, AND A REPORTING MECHANISM BY WHICH SCHOOL
DISTRICTS WILL BE REQUIRED TO DEMONSTRATE TO THE COMMISSIONER THAT SUCH
SHARED TRANSPORTATION SERVICES RESULTS IN A COST SAVINGS TO PARTICIPANTS
AS WELL AS TO THE STATE.
§ 13. Intentionally omitted.
§ 14. Intentionally omitted.
§ 15. Subdivision 2 of section 3037 of the education law, as added by
section 18 of part YYY of chapter 59 of the laws of 2017, is amended to
read as follows:
2. (a) [Within amounts appropriated therefor,] FOR CLAIMS SUBMITTED ON
OR BEFORE AUGUST FIRST, TWO THOUSAND NINETEEN, nonpublic schools shall,
upon application, be reimbursed by the department for the salaries of
eligible teachers. Each school which seeks a reimbursement pursuant to
this section shall submit to the office of religious and independent
schools an application therefor, together with such additional documents
as the commissioner may reasonably require, at such times, in such form
and containing such information as the commissioner may prescribe by
regulation. Applications for reimbursement pursuant to this section must
be received by August first of each year for schools to be reimbursed
for the salaries of eligible teachers in the prior year.
(b) FOR CLAIMS SUBMITTED FOR THE SALARIES OF ELIGIBLE TEACHERS IN THE
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER,
NONPUBLIC SCHOOLS SHALL, UPON APPLICATION, BE REIMBURSED BY THE DEPART-
MENT FOR THE SALARIES OF ELIGIBLE TEACHERS. EACH SCHOOL WHICH SEEKS A
REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE OFFICE OF
S. 7506--A 43
RELIGIOUS AND INDEPENDENT SCHOOLS AN APPLICATION THEREFOR, TOGETHER WITH
SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY REASONABLY REQUIRE, AT
SUCH TIMES, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMIS-
SIONER MAY PRESCRIBE BY REGULATION. APPLICATIONS FOR REIMBURSEMENT
PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST FIRST OF EACH YEAR
FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES OF ELIGIBLE TEACHERS IN
THE PRIOR YEAR.
(C) Pursuant to paragraph (a) of this subdivision, reimbursement for
eligible teachers shall be the average comparable teacher salary and
personal service, per subject area, of public school teachers in the
school district in which such nonpublic schools are located, multiplied
by the percentage of full time equivalent secular instructional hours
completed in the school day per subject area. Reimbursements shall not
be provided for eligible teachers who provide instruction in mathemat-
ics, science or technology if such teachers also provide non-secular
instruction in any capacity.
[(c) In] (D) FOR CLAIMS SUBMITTED ON OR BEFORE AUGUST FIRST, TWO THOU-
SAND NINETEEN, IN the event that the applications for reimbursement
under this section exceed the appropriation available for this program,
then each applicant shall only be reimbursed an amount equal to the
percentage that each such applicant represents to the total of all
applications submitted.
§ 16. Subdivision 4 of section 3627 of the education law, as amended
by section 53 of part A of chapter 54 of the laws of 2016, is amended to
read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen school year and thereafter
and otherwise eligible for transportation aid pursuant to subdivision
seven of section thirty-six hundred two of this article shall be consid-
ered approved transportation expenses eligible for transportation aid,
provided further that for the two thousand thirteen--two thousand four-
teen school year such aid shall be limited to eight million one hundred
thousand dollars and for the two thousand fourteen--two thousand fifteen
school year such aid shall be limited to the sum of twelve million six
hundred thousand dollars plus the base amount and for the two thousand
fifteen--two thousand sixteen school year and thereafter such aid shall
be limited to the sum of [seventeen] EIGHTEEN million [one] SIX hundred
thousand dollars plus the base amount. THE COST OF QUALIFIED TUITION
REDUCTIONS AUTHORIZED FOR REIMBURSEMENT PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION SHALL BE LIMITED ON AN ANNUAL BASIS TO
FOUR MILLION DOLLARS, WHICH AMOUNT SHALL BE SUBJECT TO THE LIMITATIONS
DESCRIBED IN THE PRECEDING SENTENCE OF THIS SUBDIVISION AND SHALL NOT BE
IN ADDITION TO ANY AMOUNT AUTHORIZED BY THE PRECEDING SENTENCE OF THIS
SUBDIVISION. For purposes of this subdivision, "base amount" means the
amount of transportation aid paid to the school district for expendi-
tures incurred in the two thousand twelve--two thousand thirteen school
year for transportation that would have been eligible for aid pursuant
to this section had this section been in effect in such school year,
except that subdivision six of this section shall be deemed not to have
been in effect. And provided further that the school district shall
continue to annually expend for the transportation described in subdivi-
sion one of this section at least the expenditures used for the base
amount.
S. 7506--A 44
§ 16-a. Paragraph (b) of subdivision 1 of section 3627 of the educa-
tion law, as amended by section 7 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
(b) reimbursing the cost, WHICH MAY INCLUDE FRINGE BENEFITS INCLUDING,
BUT NOT LIMITED TO, QUALIFIED TUITION REDUCTIONS ALLOWABLE UNDER FEDERAL
LAW, incurred by licensed transportation carriers pursuant to contracts
with such school district for providing transportation for those chil-
dren attending public and nonpublic schools in grades kindergarten
through six who remain at the same school for which they are enrolled
for regularly scheduled academic classes from half-past nine o'clock in
the morning or earlier until four o'clock in the afternoon or later, on
weekdays, and reside at least one mile from their school of attendance
for grades three through six, and at least one-half mile from their
school of attendance for grades kindergarten through two.
§ 16-b. Subparagraph 11 of paragraph e and paragraph f of subdivision
1 of section 3623-a of the education law, as added by chapter 474 of the
laws of 1996, is amended and a new paragraph g is added to read as
follows:
(11) other expenses for district operated transportation systems, as
approved pursuant to regulations of the commissioner[.];
f. Other transportation operating expenses as approved pursuant to
regulations of the commissioner[.];
G. FOR REIMBURSEMENT OF THE COST INCURRED BY LICENSED TRANSPORTATION
CARRIERS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED TWENTY-SEVEN OF THIS PART, SUCH COST MAY INCLUDE FRINGE
BENEFITS INCLUDING, BUT NOT LIMITED TO, QUALIFIED TUITION REDUCTIONS
ALLOWABLE UNDER FEDERAL LAW. PROVIDED HOWEVER THAT THE COST OF QUALIFIED
TUITION REDUCTIONS AUTHORIZED TO BE REIMBURSED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWENTY-SEVEN OF THIS
PART SHALL BE LIMITED ON AN ANNUAL BASIS TO FOUR MILLION DOLLARS.
§ 17. Notwithstanding any provision of law, rule, or regulation to the
contrary, any special act school district established pursuant to Chap-
ter 566 of the Laws of 1967, as amended, subject to an intake closure or
limit on the entry of new student placements during the two thousand
sixteen--two thousand seventeen school year or the two thousand seven-
teen--two thousand eighteen school year by the New York State Office of
Children and Family Services or the New York State Office of Mental
Health, where student enrollment in such district in the two thousand
seventeen--two thousand eighteen school year is at least forty percent
less than such school district's enrollment in the two thousand four-
teen--two thousand fifteen school year, shall be held harmless from any
reduction in tuition revenue or any tuition rate calculation and/or rate
reconciliation arising out of such intake closure or limit on the entry
of new student placements during the two thousand sixteen--two thousand
seventeen school year or the two thousand seventeen--two thousand eigh-
teen school year. The commissioner of education is hereby directed to
substitute two thousand fifteen--two thousand sixteen school year pupil
counts reported by any special act school district under this section to
calculate and finalize any tuition rate and/or tuition rate reconcil-
iation for such special act school district and shall submit such
tuition rate and/or tuition rate reconciliation to the director of the
budget and the director of the budget is hereby directed to approve such
submittal. In the event such special act school district under this
section sustains a reduction in tuition revenue for the two thousand
sixteen--two thousand seventeen school year or the two thousand seven-
teen--two thousand eighteen school year, the school district shall
S. 7506--A 45
submit a claim for reimbursement to the commissioner of education no
later than July 31, 2018 for the amount of such reduction in tuition
revenue including an accounting in writing of how such reduction in
tuition revenue was calculated and the director of the budget is hereby
directed to approve and pay such claim.
§ 18. Section 1527-c of the education law, as added by section 21 of
subpart F of part C of chapter 97 of the laws of 2011, is amended to
read as follows:
§ 1527-c. Shared superintendent program. 1. Notwithstanding any other
provision of law, rule or regulation to the contrary, the governing
board of a PUBLIC school district ELIGIBLE FOR AN APPORTIONMENT UNDER
SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER AND
with an enrollment of less than one thousand students in the previous
year shall be authorized to enter into a school superintendent sharing
contract with no more than two additional PUBLIC school districts each
of which had fewer than one thousand in enrolled pupils in the previous
year. Each shared superintendent arrangement shall be governed by the
boards of education of the PUBLIC school districts participating in the
shared contract, PROVIDED THAT SUCH SHARED SUPERINTENDENT CONTRACT MUST
BE APPROVED BY A DULY ADOPTED BOARD RESOLUTION OF EACH PARTICIPATING
PUBLIC SCHOOL DISTRICT PRIOR TO THE COMMENCEMENT OF SERVICES. Provided
however, that this section shall not be construed to alter, affect or
impair any employment contract which is in effect on or before July
first, two thousand [thirteen] EIGHTEEN. Any PUBLIC school district
which has entered into a school superintendent sharing program will
continue to be eligible to complete such contract notwithstanding that
the enrollment of the PUBLIC school district exceeded one thousand
students after entering into a shared superintendent contract. PROVIDED
FURTHER, THAT THIS PROGRAM SHALL ONLY APPLY TO SHARED SUPERINTENDENTS
AND SHALL NOT APPLY TO SHARED ASSOCIATE SUPERINTENDENTS, SHARED ASSIST-
ANT SUPERINTENDENTS, OR SHARED DEPUTY SUPERINTENDENTS.
2. (A) THE COMMISSIONER IS AUTHORIZED TO PROVIDE AN APPORTIONMENT TO
EACH SCHOOL DISTRICT PARTICIPATING IN A SHARED SUPERINTENDENT PROGRAM
EQUAL TO (I) TWENTY-FIVE PERCENT OF SUCH SUPERINTENDENT'S ANNUAL SALARY
WHERE THERE ARE TWO PARTICIPATING SCHOOL DISTRICTS, OR (II) SEVENTEEN
PERCENT OF SUCH SUPERINTENDENT'S ANNUAL SALARY WHERE THERE ARE THREE
PARTICIPATING SCHOOL DISTRICTS.
(B) FOR PURPOSES OF CALCULATING THE APPORTIONMENT: (I) THE SUPERINTEN-
DENT'S ANNUAL SALARY SHALL BE EQUAL TO THE LESSER OF (A) THE DISTRICT'S
NET COST OF THE SUPERINTENDENT'S PRORATED ANNUAL SALARY WITHOUT BENEFITS
PURSUANT TO AN INTER-MUNICIPAL AGREEMENT, CONTRACT OR MEMORANDUM OF
UNDERSTANDING, OR (B) THE MEDIAN SALARY WITHOUT BENEFITS OF ALL CURRENT
FULL-TIME PUBLIC SCHOOL SUPERINTENDENTS IN A PUBLIC SCHOOL DISTRICT
ELIGIBLE FOR AN APPORTIONMENT UNDER SUBDIVISION FOUR OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS CHAPTER IN THE COUNTY WHERE SUCH SHARED SUPER-
INTENDENT PROGRAM IS LOCATED;
(II) IN THE EVENT THE PUBLIC SCHOOL DISTRICTS PARTICIPATING IN SUCH
SHARED SUPERINTENDENT PROGRAM ARE LOCATED IN DIFFERENT COUNTIES, THE
SUPERINTENDENT'S SALARY SHALL BE EQUAL TO THE LESSER OF (A) THE
DISTRICT'S NET COST OF THE SUPERINTENDENT'S PRORATED ANNUAL SALARY WITH-
OUT BENEFITS PURSUANT TO AN INTER-MUNICIPAL AGREEMENT, CONTRACT OR MEMO-
RANDUM OF UNDERSTANDING, OR (B) THE AVERAGE OF THE MEDIAN SALARY WITHOUT
BENEFITS OF ALL CURRENT FULL-TIME PUBLIC SCHOOL SUPERINTENDENTS IN A
PUBLIC SCHOOL DISTRICT ELIGIBLE FOR AN APPORTIONMENT UNDER SUBDIVISION
FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER IN EACH COUNTY
WHERE SUCH SHARED SUPERINTENDENT PROGRAM IS LOCATED. (C) NO APPORTION-
S. 7506--A 46
MENT SHALL BE PROVIDED TO ANY SCHOOL DISTRICT SUBJECT TO THE PROVISIONS
OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS CHAPTER AND THAT HAS
ADOPTED A BUDGET OR WHERE VOTERS HAVE APPROVED A BUDGET IN EXCESS OF THE
TAX LEVY LIMIT PRESCRIBED BY SUCH SECTION WHERE SUCH BUDGET IS IN EFFECT
DURING THE TERM OF SUCH SHARED SUPERINTENDENT PROGRAM. PROVIDED FURTHER,
THAT IN NO EVENT SHALL DISTRICTS THAT HAVE ENTERED INTO AN AIDABLE COOP-
ERATIVE EDUCATIONAL SERVICES AGREEMENT FOR ANY SUCH SERVICES WITH A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION NINETEEN
HUNDRED FIFTY OF THIS TITLE BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS
SECTION FOR THE SAME PURPOSE.
3. THE CLAIM FOR AN APPORTIONMENT TO BE PAID TO EACH PUBLIC SCHOOL
DISTRICT UNDER THIS SECTION SHALL BE SUBMITTED TO THE COMMISSIONER ON A
FORM PRESCRIBED FOR SUCH PURPOSE, AND SHALL BE PAYABLE NO LATER THAN THE
FIRST OF SEPTEMBER OF THE YEAR FOLLOWING THE YEAR OF PARTICIPATION IN
SUCH SHARED SUPERINTENDENT PROGRAM. CLAIMS FOR AN APPORTIONMENT SHALL
DOCUMENT (A) THE DISTRICT'S NET COST OF THE SUPERINTENDENT'S PRORATED
ANNUAL SALARY WITHOUT BENEFITS PURSUANT TO AN INTER-MUNICIPAL AGREEMENT,
CONTRACT OR MEMORANDUM OF UNDERSTANDING, AND (B) THE SAVINGS OBTAINED AS
A RESULT OF A DISTRICT'S PARTICIPATION IN THE SHARED SUPERINTENDENT
PROGRAM. THE COMMISSIONER SHALL CALCULATE THE MEDIAN SALARY WITHOUT
BENEFITS OF ALL CURRENT FULL-TIME PUBLIC SCHOOL SUPERINTENDENTS IN A
PUBLIC SCHOOL DISTRICT ELIGIBLE FOR AN APPORTIONMENT UNDER SUBDIVISION
FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER IN THE COUNTY OR
COUNTIES WHERE SUCH SHARED SUPERINTENDENT PROGRAM IS LOCATED.
4. A SUPERINTENDENT WORKING AS AN EMPLOYEE OF ONE OR MORE SCHOOL
DISTRICTS UNDER THIS SECTION SHALL NOT BE ELIGIBLE TO EARN ADDITIONAL
RETIREMENT SERVICE CREDIT IN ANY PUBLIC RETIREMENT SYSTEM AS DEFINED IN
SECTION EIGHT HUNDRED OF THE RETIREMENT AND SOCIAL SECURITY LAW.
§ 19. Subdivision 1 of section 2856 of the education law, as amended
by section 4 of part YYY of chapter 59 of the laws of 2017, is amended
to read as follows:
1. (a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which the
pupil resides. The charter school shall report all such data to the
school districts of residence in a timely manner. Each school district
shall report such enrollment, attendance and count of students with
disabilities to the department. The school district of residence shall
pay directly to the charter school for each student enrolled in the
charter school who resides in the school district the charter school
basic tuition, which shall be:
(i) for school years prior to the two thousand nine--two thousand ten
school year, an amount equal to one hundred percent of the amount calcu-
lated pursuant to paragraph f of subdivision one of section thirty-six
hundred two of this chapter for the school district for the year prior
to the base year increased by the percentage change in the state total
approved operating expense calculated pursuant to paragraph t of subdi-
vision one of section thirty-six hundred two of this chapter from two
years prior to the base year to the base year;
(ii) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
(iii) for the two thousand ten--two thousand eleven through two thou-
sand thirteen--two thousand fourteen school years, the charter school
basic tuition shall be the basic tuition computed for the two thousand
S. 7506--A 47
ten--two thousand eleven school year pursuant to the provisions of
subparagraph (i) of this paragraph;
(iv) for the two thousand fourteen--two thousand fifteen, two thousand
fifteen--two thousand sixteen and two thousand sixteen--two thousand
seventeen school years, the charter school basic tuition shall be the
sum of the lesser of the charter school basic tuition computed for the
two thousand ten--two thousand eleven school year pursuant to the
provisions of subparagraph (i) of this paragraph or the charter school
basic tuition computed for the current year pursuant to the provisions
of subparagraph (i) of this paragraph plus the supplemental basic
tuition;
(v) for the two thousand seventeen--two thousand eighteen school year,
the charter school basic tuition shall be the sum of (A) the charter
school basic tuition for the two thousand sixteen--two thousand seven-
teen school year plus (B) five hundred dollars;
(vi) for the two thousand eighteen--two thousand nineteen school
year[, the charter school basic tuition shall be the lesser of (A) the
product of (i) the charter school basic tuition calculated for the base
year multiplied by (ii) the average of the quotients for each school
year in the period commencing with the year five years prior to the base
year and finishing with the year prior to the base year of the total
approved operating expense for such school district calculated pursuant
to paragraph t of subdivision one of section thirty-six hundred two of
this chapter for each such year divided by the total approved operating
expense for such district for the immediately preceding year, provided
that the highest and lowest annual quotients shall be excluded from the
calculation of such average or (B) the quotient of the total general
fund expenditures for the school district calculated pursuant to an
electronic data file created for the purpose of compliance with para-
graph b of subdivision twenty-one of section three hundred five of this
chapter published annually on May fifteenth for the year prior to the
base year divided by the total estimated public enrollment for the
school district pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this chapter for the year prior to the base
year.
(vii) for the two thousand nineteen--two thousand twenty school year
the charter school basic tuition shall be the lesser of (A) the product
of (i) the charter school basic tuition calculated for the base year
multiplied by (ii) the average of the quotients for each school year in
the period commencing with the year three years prior to the base year
and finishing with the year prior to the base year of the total approved
operating expense for such school district calculated pursuant to para-
graph t of subdivision one of section thirty-six hundred two of this
chapter for each such year divided by the total approved operating
expense for such district for the immediately preceding year provided
that the highest annual quotient calculated pursuant to this subpara-
graph shall be replaced by the average quotient calculated pursuant to
subparagraph (vi) of this paragraph or (B) the quotient of the total
general fund expenditures for the school district calculated pursuant to
an electronic data file created for the purpose of compliance with para-
graph b of subdivision twenty-one of section three hundred five of this
chapter published annually on May fifteenth for the year prior to the
base year divided by the total estimated public enrollment for the
school district pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this chapter for the year prior to the base
year.
S. 7506--A 48
(viii) for the two thousand twenty--two thousand twenty-one school
year and thereafter, the charter school basic tuition shall be the less-
er of (A) the product of (i) the charter school basic tuition calculated
for the base year multiplied by (ii) the average of the quotients for
each school year in the period commencing with the year three years
prior to the base year and finishing with the year prior to the base
year of the total approved operating expense for such school district
calculated pursuant to paragraph t of subdivision one of section thir-
ty-six hundred two of this chapter for each such year divided by the
total approved operating expense for such district for the immediately
preceding year or (B) the quotient of the total general fund expendi-
tures for the school district calculated pursuant to an electronic data
file created for the purpose of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter published
annually on May fifteenth for the year prior to the base year divided by
the total estimated public enrollment for the school district pursuant
to paragraph n of subdivision one of section thirty-six hundred two of
this chapter for the year prior to the base year.] AND THEREAFTER, THE
CHARTER SCHOOL BASIC TUITION SHALL BE EQUAL TO THE SUM OF (1) THE FORMU-
LA CHARTER SCHOOL TUITION AMOUNT, WHICH SHALL EQUAL ONE HUNDRED PERCENT
OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE SCHOOL DISTRICT
FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE PERCENTAGE CHANGE
IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCULATED PURSUANT TO
PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE BASE YEAR PLUS (2)
THE ADDITIONAL CHARTER SCHOOL TUITION AMOUNT;
(A-1) (I) For the purposes of this subdivision, the "supplemental
basic tuition" shall be (A) for a school district for which the charter
school basic tuition computed for the current year is greater than or
equal to the charter school basic tuition for the two thousand ten--two
thousand eleven school year pursuant to the provisions of subparagraph
(i) of [this] paragraph (A) OF THIS SUBDIVISION, (1) for the two thou-
sand fourteen--two thousand fifteen school year two hundred and fifty
dollars, and (2) for the two thousand fifteen--two thousand sixteen
school year three hundred and fifty dollars, and (3) for the two thou-
sand sixteen--two thousand seventeen school year five hundred dollars,
and (4) for the two thousand seventeen--two thousand eighteen school
year [and thereafter], the sum of (i) the supplemental basic tuition
calculated for the two thousand sixteen--two thousand seventeen school
year plus (ii) five hundred dollars, and (B) for school years prior to
the two thousand seventeen--two thousand eighteen school year, for a
school district for which the charter school basic tuition for the two
thousand ten--two thousand eleven school year is greater than the char-
ter school basic tuition for the current year pursuant to the provisions
of subparagraph (i) of [this] paragraph (A) OF THIS SUBDIVISION, the
positive difference of the charter school basic tuition for the two
thousand ten--two thousand eleven school year minus the charter school
basic tuition for the current year pursuant to the provisions of subpar-
agraph (i) of [this] paragraph (A) OF THIS SUBDIVISION and (C) for
school years following the two thousand sixteen--two thousand seventeen
school years, for a school district for which the charter school basic
tuition for the two thousand ten--two thousand eleven school year is
greater than the charter school basic tuition for the current year
pursuant to the provisions of subparagraph (i) of [this] paragraph (A)
OF THIS SUBDIVISION, the sum of (i) the supplemental basic tuition
S. 7506--A 49
calculated for the two thousand sixteen--two thousand seventeen school
year plus (ii) five hundred dollars.
(II) FOR THE PURPOSES OF THIS SUBDIVISION, THE "ADDITIONAL CHARTER
SCHOOL TUITION AMOUNT" SHALL EQUAL THE SUM OF THE PER PUPIL CALCULATED
PURSUANT TO RESOLUTION R3049 OF 2015, PLUS THE PER PUPIL CALCULATED
PURSUANT TO RESOLUTION R6505 OF 2016, PLUS FOUR HUNDRED DOLLARS ($400).
(b) The school district shall also pay directly to the charter school
any federal or state aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
student with a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section to the contrary,
amounts payable pursuant to this subdivision from state or local funds
may be reduced pursuant to an agreement between the school and the char-
ter entity set forth in the charter. Payments made pursuant to this
subdivision shall be made by the school district in six substantially
equal installments each year beginning on the first business day of July
and every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable to a charter
school in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the charter until actual enroll-
ment data is reported to the school district by the charter school. Such
projections shall be reconciled with the actual enrollment as actual
enrollment data is so reported and at the end of the school's first year
of operation and each subsequent year based on a final report of actual
enrollment by the charter school, and any necessary adjustments result-
ing from such final report shall be made to payments during the school's
following year of operation.
(c) Notwithstanding any other provision of this subdivision to the
contrary, payment of the federal aid attributable to a student with a
disability attending a charter school shall be made in accordance with
the requirements of section 8065-a of title twenty of the United States
code and sections 76.785-76.799 and 300.209 of title thirty-four of the
code of federal regulations.
(d) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, AND two thousand sixteen--two thousand seventeen school years
[and thereafter]. FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR AND THEREAFTER, CHARTER SCHOOLS SHALL BE ELIGIBLE FOR AN
ANNUAL APPORTIONMENT EQUAL TO THE AMOUNT OF THE ADDITIONAL CHARTER
SCHOOL TUITION PAID IN THE BASE YEAR DEFINED PURSUANT TO SUBPARAGRAPH
(II) OF PARAGRAPH A-ONE OF THIS SUBDIVISION.
§ 20. Subdivision 1 of section 2856 of the education law, as amended
by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended
to read as follows:
1. (a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance and, if applicable, count of
students with disabilities of the school district in which the pupil
resides. The charter school shall report all such data to the school
districts of residence in a timely manner. Each school district shall
report such enrollment, attendance and count of students with disabili-
ties to the department. The school district of residence shall pay
directly to the charter school for each student enrolled in the charter
school who resides in the school district the charter school basic
tuition which shall be:
S. 7506--A 50
(i) for school years prior to the two thousand nine--two thousand ten
school year, an amount equal to one hundred percent of the amount calcu-
lated pursuant to paragraph f of subdivision one of section thirty-six
hundred two of this chapter for the school district for the year prior
to the base year increased by the percentage change in the state total
approved operating expense calculated pursuant to paragraph t of subdi-
vision one of section thirty-six hundred two of this chapter from two
years prior to the base year to the base year;
(ii) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
(iii) for the two thousand ten--two thousand eleven through two thou-
sand thirteen--two thousand fourteen school years, the charter school
basic tuition shall be the basic tuition computed for the two thousand
ten--two thousand eleven school year pursuant to the provisions of
subparagraph (i) of this paragraph;
(iv) for the two thousand fourteen--two thousand fifteen, two thousand
fifteen--two thousand sixteen and two thousand sixteen--two thousand
seventeen school years, the charter school basic tuition shall be the
sum of the lesser of the charter school basic tuition computed for the
two thousand ten--two thousand eleven school year pursuant to the
provisions of subparagraph (i) of this paragraph or the charter school
basic tuition computed for the current year pursuant to the provisions
of subparagraph (i) of this paragraph plus the supplemental basic
tuition;
(v) for the two thousand seventeen--two thousand eighteen school year,
the charter school basic tuition shall be the sum of (A) the charter
school basic tuition for the two thousand sixteen--two thousand seven-
teen school year plus (B) five hundred dollars;
(vi) for the two thousand eighteen--two thousand nineteen school
year[, the charter school basic tuition shall be the lesser of (A) the
product of (i) the charter school basic tuition calculated for the base
year multiplied by (ii) the average of the quotients for each school
year in the period commencing with the year five years prior to the base
year and finishing with the year prior to the base year of the total
approved operating expense for such school district calculated pursuant
to paragraph t of subdivision one of section thirty-six hundred two of
this chapter for each such year divided by the total approved operating
expense for such district for the immediately preceding year, provided
that the highest and lowest annual quotients shall be excluded from the
calculation of such average or (B) the quotient of the total general
fund expenditures for the school district calculated pursuant to an
electronic data file created for the purpose of compliance with para-
graph b of subdivision twenty-one of section three hundred five of this
chapter published annually on May fifteenth for the year prior to the
base year divided by the total estimated public enrollment for the
school district pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this chapter for the year prior to the base
year.
(vii) for the two thousand nineteen--two thousand twenty school year
the charter school basic tuition shall be the lesser of (A) the product
of (i) the charter school basic tuition calculated for the base year
multiplied by (ii) the average of the quotients for each school year in
the period commencing with the year three years prior to the base year
and finishing with the year prior to the base year of the total approved
S. 7506--A 51
operating expense for such school district calculated pursuant to para-
graph t of subdivision one of section thirty-six hundred two of this
chapter for each such year divided by the total approved operating
expense for such district for the immediately preceding year provided
that the highest annual quotient calculated pursuant to this subpara-
graph shall be replaced by the average quotient calculated pursuant to
subparagraph (vi) of this paragraph or (B) the quotient of the total
general fund expenditures for the school district calculated pursuant to
an electronic data file created for the purpose of compliance with para-
graph b of subdivision twenty-one of section three hundred five of this
chapter published annually on May fifteenth for the year prior to the
base year divided by the total estimated public enrollment for the
school district pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this chapter for the year prior to the base
year.
(viii) for the two thousand twenty--two thousand twenty-one school
year and thereafter, the charter school basic tuition shall be the less-
er of (A) the product of (i) the charter school basic tuition calculated
for the base year multiplied by (ii) the average of the quotients for
each school year in the period commencing with the year three years
prior to the base year and finishing with the year prior to the base
year of the total approved operating expense for such school district
calculated pursuant to paragraph t of subdivision one of section thir-
ty-six hundred two of this chapter for each such year divided by the
total approved operating expense for such district for the immediately
preceding year or (B) the quotient of the total general fund expendi-
tures for the school district calculated pursuant to an electronic data
file created for the purpose of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter published
annually on May fifteenth for the year prior to the base year divided by
the total estimated public enrollment for the school district pursuant
to paragraph n of subdivision one of section thirty-six hundred two of
this chapter for the year prior to the base year.] AND THEREAFTER, THE
CHARTER SCHOOL BASIC TUITION SHALL BE EQUAL TO THE SUM OF (1) THE FORMU-
LA CHARTER SCHOOL TUITION AMOUNT, WHICH SHALL EQUAL ONE HUNDRED PERCENT
OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE SCHOOL DISTRICT
FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE PERCENTAGE CHANGE
IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCULATED PURSUANT TO
PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE BASE YEAR PLUS (2)
THE ADDITIONAL CHARTER SCHOOL TUITION AMOUNT;
(A-1) (I) For the purposes of this subdivision, the "supplemental
basic tuition" shall be (A) for a school district for which the charter
school basic tuition computed for the current year is greater than or
equal to the charter school basic tuition for the two thousand ten--two
thousand eleven school year pursuant to the provisions of subparagraph
(i) of [this] paragraph (A) OF THIS SUBDIVISION, (1) for the two thou-
sand fourteen--two thousand fifteen school year two hundred and fifty
dollars, and (2) for the two thousand fifteen--two thousand sixteen
school year three hundred and fifty dollars, and (3) for the two thou-
sand sixteen--two thousand seventeen school year five hundred dollars,
and (4) for the two thousand seventeen--two thousand eighteen school
year [and thereafter], the sum of (i) the supplemental basic tuition
calculated for the two thousand sixteen--two thousand seventeen school
year plus (ii) five hundred dollars, and (B) for school years prior to
S. 7506--A 52
the two thousand seventeen--two thousand eighteen school year, for a
school district for which the charter school basic tuition for the two
thousand ten--two thousand eleven school year is greater than the char-
ter school basic tuition for the current year pursuant to the provisions
of subparagraph (i) of [this] paragraph (A) OF THIS SUBDIVISION, the
positive difference of the charter school basic tuition for the two
thousand ten--two thousand eleven school year minus the charter school
basic tuition for the current year pursuant to the provisions of subpar-
agraph (i) of [this] paragraph (A) OF THIS SUBDIVISION and (C) for
school years following the two thousand sixteen--two thousand seventeen
school years, for a school district for which the charter school basic
tuition for the two thousand ten--two thousand eleven school year is
greater than the charter school basic tuition for the current year
pursuant to the provisions of subparagraph (i) of [this] paragraph (A)
OF THIS SUBDIVISION, the sum of (i) the supplemental basic tuition
calculated for the two thousand sixteen--two thousand seventeen school
year plus (ii) five hundred dollars.
(II) FOR THE PURPOSES OF THIS SUBDIVISION, THE "ADDITIONAL CHARTER
SCHOOL TUITION AMOUNT" SHALL EQUAL THE SUM OF THE PER PUPIL CALCULATED
PURSUANT TO RESOLUTION R3049 OF 2015, PLUS THE PER PUPIL CALCULATED
PURSUANT TO RESOLUTION R6505 OF 2016, PLUS FOUR HUNDRED DOLLARS ($400).
(b) The school district shall also pay directly to the charter school
any federal or state aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
student with a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section to the contrary,
amounts payable pursuant to this subdivision may be reduced pursuant to
an agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months thereafter.
Amounts payable under this subdivision shall be determined by the
commissioner. Amounts payable to a charter school in its first year of
operation shall be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with the
actual enrollment at the end of the school's first year of operation,
and any necessary adjustments shall be made to payments during the
school's second year of operation.
(c) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, AND two thousand sixteen--two thousand seventeen school years
[and thereafter]. FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR AND THEREAFTER, CHARTER SCHOOLS SHALL BE ELIGIBLE FOR AN
ANNUAL APPORTIONMENT EQUAL TO THE AMOUNT OF THE ADDITIONAL CHARTER
SCHOOL TUITION PAID IN THE BASE YEAR DEFINED PURSUANT TO SUBPARAGRAPH
(II) OF PARAGRAPH A-ONE OF THIS SUBDIVISION.
§ 21. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID FOR SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX
OF THIS CHAPTER. A. SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF
THIS CHAPTER SHALL BE ELIGIBLE FOR BUILDING AID TO THE SAME EXTENT AS
SCHOOL DISTRICTS IN A PROCESS PRESCRIBED BY THE COMMISSIONER, PROVIDED,
THAT (1) AID APPORTIONMENTS FOR SUCH SCHOOLS SHALL BE CALCULATED BASED
ON THE ACTUAL AMORTIZATION AND ACTUAL INTEREST RATE, (2) THE BUILDING
S. 7506--A 53
AID RATIO USED SHALL BE THE RATIO FOR THE SCHOOL DISTRICT IN WHICH THE
SCHOOL IS LOCATED, AND THE CHARTER SCHOOL SHALL BE RESPONSIBLE FOR
PAYMENT OF THE LOCAL SHARE OF ANY AIDABLE BUILDING EXPENSES, AND (3) AID
ON EXPENDITURES FOR LEASE PAYMENTS SHALL BE APPORTIONED ONLY IF THE
LEASE HAS BEEN APPROVED BY THE SCHOOL'S BOARD OF TRUSTEES, THE AUTHORIZ-
ING ENTITY, AND THE COMMISSIONER.
B. THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT SPECIFIC WAIVERS FROM
BUILDING AID PROGRAM REQUIREMENTS TO SCHOOLS AUTHORIZED PURSUANT TO
ARTICLE FIFTY-SIX OF THIS CHAPTER UPON A SHOWING THAT COMPLIANCE WITH
SUCH REQUIREMENTS WOULD CREATE AN UNDUE ECONOMIC HARDSHIP OR THAT SOME
OTHER GOOD CAUSE EXISTS THAT MAKES COMPLIANCE EXTREMELY IMPRACTICAL.
C. SCHOOL DISTRICTS THAT COLLECT PAYMENTS FROM A SCHOOL AUTHORIZED
PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER UNDER A LEASE OR ANY OTHER
ARRANGEMENT FOR THE USE OF DISTRICT-OWNED FACILITIES SHALL HAVE ITS
BUILDING AID APPORTIONMENT REDUCED BY AN AMOUNT EQUAL TO THE SCHOOL'S
PAYMENTS TO THE DISTRICT PROVIDED, HOWEVER, NOTHING IN THIS SUBDIVISION
SHALL BE CONSTRUED TO AUTHORIZE A REDUCTION IN BUILDING AID ATTRIBUTABLE
TO BUILDING PROJECTS SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF
SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF THE PUBLIC AUTHORITIES
LAW.
D. IN THE EVENT THAT A SCHOOL IS NO LONGER AUTHORIZED PURSUANT TO
ARTICLE FIFTY-SIX OF THIS CHAPTER, BUILDING AID PAYMENTS SHALL CEASE
IMMEDIATELY.
E. A CHARTER SCHOOL AUTHORIZED UNDER THIS ARTICLE SHALL NOT BE ENTI-
TLED TO RECEIVE BOTH BUILDING AID UNDER THIS SUBDIVISION AND UNDER
SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS
CHAPTER.
§ 22. Subdivision 1 of section 273-a of the education law, as amended
by section 1 of chapter 480 of the laws of 2015, is amended to read as
follows:
1. State aid shall be provided for up to fifty percent of the total
project approved costs, excluding feasibility studies, plans or similar
activities, for projects for the installation and infrastructure of
broadband services, and for the acquisition of vacant land and the
acquisition, construction, renovation or rehabilitation, including
leasehold improvements, of buildings of public libraries and library
systems chartered by the regents of the state of New York or established
by act of the legislature subject to the limitations provided in subdi-
vision five of this section and upon approval by the commissioner,
except that state aid may be provided for up to [seventy-five] NINETY
percent of the total project approved costs for buildings of public
libraries that are located in an economically disadvantaged community.
Provided however that the state liability for aid paid pursuant to this
section shall be limited to funds appropriated for such purpose. Aid
shall be provided on approved expenses incurred during the period
commencing July first and ending June thirtieth for up to three years,
or until the project is completed, whichever occurs first. Fifty percent
of such aid shall be payable to each system or library upon approval of
the application by the department. Forty percent of such aid shall be
payable in the next state fiscal year. The remaining ten percent shall
be payable upon project completion.
§ 23. The Education Department shall establish student-specific
tuition rate enhancements for three of the largest children's residen-
tial project education programs established pursuant to paragraph d of
subdivision 5 of section 3202 of the education law, known as the Centers
of Excellence in the treatment of children with Autism Spectrum Disor-
S. 7506--A 54
ders (ASD) and other complex disabilities. Such funds shall be used, as
part of the State's broader efforts to address out-of-state placements,
to annually provide enhanced clinical, educational and behavioral
support programs for up to 30 students with autism and related disabili-
ties whose behaviors are of such frequency, severity and intensity that
their needs cannot currently be fully addressed through the resources
provided to NYS school programs. The enhanced rates shall provide these
programs with the staff, expertise and specially-designed environments
necessary to effectively educate those students with the most severe and
complex needs. Such programs shall submit evidence of effectiveness data
to the education department annually, for up to three years, at which
time the education department, in consultation with the office for
people with developmental disabilities and the division of the budget
shall determine whether to continue such programs on a permanent basis.
§ 24. The subdivision heading and paragraphs a and b of subdivision 10
of section 3602 of the education law, the subdivision heading and para-
graph a of subdivision 10 as amended by section 32 of part H of chapter
83 of the laws of 2002, paragraph b of subdivision 10 as amended and
such subdivision as renumbered by section 16 of part B of chapter 57 of
the laws of 2007, are amended to read as follows:
Special services aid for large city school districts and other school
districts which were not components of a board of cooperative educa-
tional services in the base year AND ANY SCHOOL DISTRICT LOCATED IN A
CITY WITH A POPULATION BETWEEN SIXTY-TWO THOUSAND AND SIXTY-FIVE THOU-
SAND OR BETWEEN SIXTY-SEVEN THOUSAND AND SEVENTY THOUSAND AS RECORDED IN
THE TWO THOUSAND TEN CENSUS. a. The city school districts of those
cities having populations in excess of one hundred twenty-five thousand
and any other school district which was not a component of a board of
cooperative educational services in the base year shall be entitled to
an apportionment under the provisions of this section. ANY SCHOOL
DISTRICT LOCATED IN A CITY WITH A POPULATION BETWEEN SIXTY-TWO THOUSAND
AND SIXTY-FIVE THOUSAND OR BETWEEN SIXTY-SEVEN THOUSAND AND SEVENTY
THOUSAND AS RECORDED IN THE TWO THOUSAND TEN CENSUS SHALL BE ENTITLED TO
AN APPORTIONMENT UNDER THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVI-
SION.
b. Aid for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year AND ANY
SCHOOL DISTRICT LOCATED IN A CITY WITH A POPULATION BETWEEN SIXTY-TWO
THOUSAND AND SIXTY-FIVE THOUSAND OR BETWEEN SIXTY-SEVEN THOUSAND AND
SEVENTY THOUSAND AS RECORDED IN THE TWO THOUSAND TEN CENSUS for pupils
in grades ten through twelve in attendance in career education programs
as such programs are defined by the commissioner, subject for the
purposes of this paragraph to the approval of the director of the budg-
et, an amount for each such pupil to be computed by multiplying the
career education aid ratio by three thousand nine hundred dollars. Such
aid will be payable for weighted pupils attending career education
programs operated by the school district and, FOR CITY SCHOOL DISTRICTS
OF THOSE CITIES HAVING POPULATIONS IN EXCESS OF ONE HUNDRED TWENTY-FIVE
THOUSAND AND ANY OTHER SCHOOL DISTRICT WHICH WAS NOT A COMPONENT OF A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE BASE YEAR for weighted
pupils for whom such school district contracts with boards of cooper-
ative educational services to attend career education programs operated
by a board of cooperative educational services. Weighted pupils for the
purposes of this paragraph shall mean the sum of the attendance of
students in grades ten through twelve in career education sequences in
S. 7506--A 55
trade, industrial, technical, agricultural or health programs plus the
product of sixteen hundredths multiplied by the attendance of students
in grades ten through twelve in career education sequences in business
and marketing as defined by the commissioner in regulations. The career
education aid ratio shall be computed by subtracting from one the prod-
uct obtained by multiplying fifty-nine percent by the combined wealth
ratio. This aid ratio shall be expressed as a decimal carried to three
places without rounding, but not less than thirty-six percent.
Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education programs in
the current year.
A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion reduced in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal to
or greater than the level of such overall expenditures per pupil in the
preceding school year.
§ 25. This act shall take effect immediately and section eleven of
this act shall apply to apportionments made after July 1, 2014;
provided, however, the amendments to paragraph b-1 of subdivision 4 of
section 3602 of the education law made by section one of this act shall
not affect the expiration of such paragraph and shall expire therewith;
provided however, that sections sixteen, sixteen-a, and sixteen-b of
this act shall be deemed to have been in full force and effect on the
same date as section 23 of part A of chapter 57 of the laws of 2013 took
effect; provided that the amendments to subdivision 1 of section 2856 of
the education law made by section nineteen of this act shall be subject
to the expiration and reversion of such subdivision pursuant to subdivi-
sion d of section 27 of chapter 378 of the laws of 2007, as amended,
when upon such date the provisions of section twenty of this act shall
take effect; provided further however that the amendments to subdivision
1 of section 273-a of the education law made by section twenty-two of
this act shall not affect the expiration of such section as provided in
chapter 498 of the laws of 2011, as amended, and shall be deemed to
expire therewith.
PART A-2
Section 1. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. A. THE COMMISSIONER SHALL CONSULT AND COLLABORATE WITH THE COMMIS-
SIONER OF HEALTH AND APPROPRIATE ORGANIZATIONS THAT HAVE EXPERTISE IN
THE PREVENTION OF CHILD SEXUAL EXPLOITATION AND CHILD ABUSE, AS WELL AS
OTHER INTERESTED PARTIES, TO ESTABLISH AND DEVELOP A PROGRAM WITHIN THE
DEPARTMENT RELATED TO THE PREVENTION OF CHILD SEXUAL EXPLOITATION AND
CHILD ABUSE IN GRADES KINDERGARTEN THROUGH EIGHT. SUCH PROGRAM SHALL BE
DEFINED BY THE COMMISSIONER IN REGULATIONS AFTER CONSULTATION WITH THE
DEPARTMENT OF HEALTH AND BE DESIGNED TO EDUCATE STUDENTS, PARENTS AND
SCHOOL PERSONNEL ABOUT THE PREVENTION OF CHILD SEXUAL EXPLOITATION AND
CHILD ABUSE IN GRADES KINDERGARTEN THROUGH EIGHT. SUCH PROGRAM SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(I) AGE-APPROPRIATE MODEL CURRICULUM, EXEMPLAR LESSON PLANS, AND BEST
PRACTICE INSTRUCTIONAL RESOURCES FOR STUDENTS, PARENTS AND SCHOOL
S. 7506--A 56
PERSONNEL DESIGNED TO PROMOTE THE PREVENTION OF CHILD SEXUAL EXPLOITA-
TION AND CHILD ABUSE. SUCH MODEL CURRICULUM, LESSON PLANS AND INSTRUC-
TIONAL RESOURCES SHALL INCLUDE BUT NOT BE LIMITED TO GUIDELINES AND
METHODS OF PREVENTION, INCLUDING RECOMMENDATIONS TO ADDRESS THIS ISSUE;
(II) INSTRUCTIONAL TOOLS AND MATERIALS FOR STUDENTS, PARENTS AND
SCHOOL PERSONNEL DEVELOPED IN COLLABORATION WITH THE COMMISSIONER OF
HEALTH, WHICH SHALL INCLUDE UPDATED DATA AND INFORMATION ON THE
PREVENTION OF CHILD SEXUAL EXPLOITATION AND CHILD ABUSE, WITH A REVIEW
OF SUCH DATA AND INFORMATION TO OCCUR PERIODICALLY, AT INTERVALS DEEMED
APPROPRIATE BY THE COMMISSIONER AND THE COMMISSIONER OF HEALTH; AND
(III) PUBLIC AVAILABILITY OF ALL MATERIALS RELATED TO SUCH AWARENESS,
PREVENTION AND EDUCATION PROGRAMS ON A DEDICATED WEBPAGE ON THE DEPART-
MENT'S INTERNET WEBSITE, AND PROVIDED AT NO COST TO EVERY SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL AND
NONPUBLIC SCHOOL UPON REQUEST.
B. THE COMMISSIONER SHALL ISSUE A GUIDANCE MEMORANDUM TO EVERY SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL AND
NONPUBLIC SCHOOL, TO INFORM THEM OF THE AVAILABILITY OF THE PREVENTION
OF CHILD SEXUAL EXPLOITATION AND CHILD ABUSE PROGRAM. THE COMMISSIONER
SHALL ANNUALLY REMIND SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES, CHARTER SCHOOLS AND NONPUBLIC SCHOOLS, OF THE AVAIL-
ABILITY OF PREVENTION OF CHILD SEXUAL EXPLOITATION AND CHILD ABUSE MATE-
RIALS IN GRADES KINDERGARTEN THROUGH EIGHT.
§ 2. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 8 to read as follows:
(8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR UP TO FOUR NEW
CONSTRUCTION PROJECTS, AUTHORIZED PURSUANT TO A MARCH SEVENTH, TWO THOU-
SAND SEVENTEEN MOUNT VERNON CITY SCHOOL DISTRICT BOND PROPOSAL APPROVED
BY THE VOTERS OF SUCH DISTRICT, MULTI-YEAR COST ALLOWANCES FOR EACH
PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-
YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED
NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST
ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 3. The education law is amended by adding a new section 319 to read
as follows:
§ 319. YOUTH VIOLENCE PREVENTION PILOT PROGRAM. 1. SUBJECT TO AVAIL-
ABLE APPROPRIATIONS, THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM
FOR THE PREVENTION OF YOUTH VIOLENCE. THE COMMISSIONER SHALL SELECT
SCHOOL DISTRICTS TO PARTICIPATE IN THE PILOT PROGRAM THAT HAVE DEMON-
STRATED A NEED BASED ON FACTORS, INCLUDING, BUT NOT LIMITED TO, HIGH
RATES OF ABSENTEEISM, HIGH RATES OF SUSPENSIONS, DESIGNATION OF PERSIS-
TENTLY DANGEROUS SCHOOL, AND OTHER FACTORS AS DETERMINED BY THE COMMIS-
SIONER.
2. THE PROGRAM SHALL PROVIDE GRANT AID FOR THE EMPLOYMENT OF MENTAL
HEALTH PROFESSIONALS WITHIN PARTICIPATING SCHOOL DISTRICTS INCLUDING,
BUT NOT LIMITED TO, SOCIAL WORKERS, SCHOOL PSYCHOLOGISTS, AND COUNSE-
LORS.
3. TO BE CONSIDERED FOR THE PILOT PROGRAM, A SCHOOL DISTRICT SHALL
SUBMIT A PROPOSAL TO THE COMMISSIONER DETAILING:
(A) THE REASONS WHY THE DISTRICT SEEKS TO PARTICIPATE IN THIS PILOT;
(B) THE SCHOOL DISTRICT'S BARRIERS TO HIRING MENTAL HEALTH PROFES-
SIONALS; AND
(C) THE ROLE THAT MENTAL HEALTH PROFESSIONALS WOULD PROVIDE IF
SELECTED FOR THE PILOT.
S. 7506--A 57
4. THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 4. Subdivisions 1 and 4 of section 57.52 of the arts and cultural
affairs law, as added by chapter 404 of the laws of 2005, are amended to
read as follows:
1. The Amistad commission (commission), so named in honor of the group
of enslaved Africans led by Joseph Cinque who, while being transported
in eighteen hundred thirty-nine on a vessel named the Amistad, gained
their freedom after overthrowing the crew and eventually having their
case successfully argued before the United States Supreme Court, is
hereby created and established. The commission shall consist of nineteen
members, including the [secretary of state] COMMISSIONER OF EDUCATION or
his or her designee, the [commissioner of education] SECRETARY OF STATE
or his or her designee, and the chancellor of the state university of
New York or his or her designee, serving ex officio, and sixteen public
members. Public members shall be appointed as follows: four public
members, no more than two of whom shall be of the same political party,
shall be appointed by the temporary president of the senate; four public
members, no more than two of whom shall be of the same political party,
shall be appointed by the speaker of the assembly; and eight public
members, no more than four of whom shall be of the same political party,
shall be appointed by the governor. The public members shall be resi-
dents of the state, chosen with due regard to broad geographic represen-
tation and ethnic diversity, who have an interest in the history of the
African slave trade and slavery in America and the contributions of
African-Americans to our society.
4. The [secretary of state] COMMISSIONER OF EDUCATION, or his or her
designee, shall serve as the chair and the [commissioner of education]
SECRETARY OF STATE, or his or her designee, shall serve as the vice-
chair of the commission. The presence of a majority of the authorized
membership of the commission shall be required for the conduct of offi-
cial business.
§ 5. Title 1 of the education law is amended by adding a new article
25 to read as follows:
ARTICLE 25
PEACE/CONFLICT RESOLUTION
CENTERS PILOT PROGRAM
SECTION 1220. PEACE/CONFLICT RESOLUTION CENTERS PILOT PROGRAM.
§ 1220. PEACE/CONFLICT RESOLUTION CENTERS PILOT PROGRAM. 1. THE
COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM TO PROVIDE PEACE/CONFLICT
RESOLUTION CENTERS WITHIN SCHOOL DISTRICTS. THE COMMISSIONER SHALL
SELECT UP TO FIVE SCHOOL DISTRICTS TO PARTICIPATE IN THE PILOT PROGRAM,
PROVIDED AT LEAST ONE CENTER ESTABLISHED PURSUANT TO THIS SECTION SHALL
BE LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. THE
PILOT PROGRAM SHALL BEGIN WITH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN SCHOOL YEAR.
2. TO BE CONSIDERED FOR THE PILOT PROGRAM, A SCHOOL DISTRICT SHALL
SUBMIT A PROPOSAL TO THE COMMISSIONER WITH THE GOAL OF FACILITATING
PEACEFUL RESOLUTIONS TO STUDENT CONFLICTS, AND INCLUDE METHODS TO
ACHIEVE THE FOLLOWING GOALS: (A) PROVIDE FOR THE SUPERVISED PEER MEDI-
ATION OF CONFLICTS; (B) DEVELOP PUPIL LEADERSHIP SKILLS; AND (C) PROMOTE
PEACEFUL ATMOSPHERES IN SCHOOLS AND THE SURROUNDING COMMUNITIES. NOTH-
ING IN THIS ARTICLE SHALL PREVENT A PROPOSAL FOR A COLLABORATION TO
PROVIDE SUCH SERVICES IN COLLABORATION WITH BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES. EACH PEACE/CONFLICT RESOLUTION SHALL BE AUTHORIZED TO
OPERATE FOR AT LEAST TWO FULL SCHOOL YEARS.
S. 7506--A 58
3. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT ON OR BEFORE JULY
THIRTY-FIRST, TWO THOUSAND NINETEEN AND ON OR BEFORE THE SAME DATE EVERY
YEAR THEREAFTER TO THE GOVERNOR AND THE LEGISLATURE. SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF CASES AND RESOLUTIONS,
DETAILS ON THE SUBJECT MATTER OF THE CASES, THE COMMISSIONER'S EVALU-
ATION OF THE RESULTS OF THE PILOT PROGRAM AND LEGISLATIVE RECOMMENDA-
TIONS ON WHETHER TO CONTINUE, EXPAND OR MAKE CHANGES TO THE PILOT
PROGRAM.
4. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
§ 6. This act shall take effect immediately; provided, however,
section one of this act shall take effect on the first of July next
succeeding the date on which it shall have become a law; provided
further, however, section three of this act shall take effect April 1,
2019; and provided further, section five of this act shall expire and be
deemed repealed July 31, 2020. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made or completed on or before such effective date.
PART A-3
Section 1. This Part enacts into law components of legislation relat-
ing to school safety. Each component is wholly contained within a
Subpart identified as Subparts A through H. The effective date for each
particular provision contained within such Subpart as set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this Part sets forth the general effective date of this Part.
SUBPART A
Section 1. Subdivision 1 of section 807 of the education law, as
amended by section 2 of part B of chapter 54 of the laws of 2016, is
amended to read as follows:
1. It shall be the duty of the principal or other person in charge of
every public or private school or educational institution within the
state, other than colleges or universities, to instruct and train the
pupils by means of drills, so that they may in a sudden emergency be
able to respond appropriately in the shortest possible time and without
confusion or panic. Such drills shall be held at least twelve times in
each school year, eight of which required drills shall be held between
September first and December thirty-first of each such year. 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 EMERGENCY ATTACK DRILLS, WITH
TWO OF SUCH DRILLS BEING lock-down drills AND TWO OF SUCH DRILLS BEING
ACTIVE SHOOTER DRILLS. UPON REQUEST OF THE PRINCIPAL OR OTHER PERSON IN
CHARGE OF SUCH PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, THE NEW YORK
STATE SCHOOL SAFETY IMPROVEMENT TEAMS, ESTABLISHED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, SHALL PROVIDE RECOMMENDA-
TIONS ON HOW TO PERFORM SUCH LOCK-DOWN AND ACTIVE SHOOTER DRILLS AT SUCH
S. 7506--A 59
PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION. 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 accommo-
dations. 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.
§ 2. This act shall take effect immediately.
SUBPART B
Section 1. The executive law is amended by adding a new section 214-f
to read as follows:
§ 214-F. SCHOOL SAFETY. THE SUPERINTENDENT, IN CONSULTATION WITH THE
COMMISSIONER OF EDUCATION, SHALL ESTABLISH A SCHOOL SAFETY PROGRAM, THAT
SCHOOL DISTRICTS MAY OPT INTO AT LOCAL OPTION, IN WHICH TEACHERS AND
OTHER SCHOOL PERSONNEL WHO HAVE SIGNIFICANT DAILY STUDENT CONTACT ARE
EQUIPPED WITH PERSONAL SAFETY ALARMS. THE SUPERINTENDENT SHALL SET MINI-
MUM REQUIREMENTS FOR THE DEVELOPMENT AND FUNCTIONALITY OF SUCH PERSONAL
SAFETY ALARMS INCLUDING, BUT NOT LIMITED TO, THE ALERT SYSTEM ESTAB-
LISHED BETWEEN EACH DISTRICT AND THEIR LOCAL POLICE DEPARTMENT, FIRE
STATION AND MEDICAL ASSISTANCE PROVIDER. FOR PURPOSES OF THIS SECTION, A
"PERSONAL SAFETY ALARM" SHALL MEAN A WEARABLE DEVICE THAT ONCE ACTI-
VATED, BY THE PRESSING OF AN EMERGENCY BUTTON, SHALL ALERT FIRST RESPON-
DERS, INCLUDING BUT NOT LIMITED TO POLICE, FIREFIGHTERS AND MEDICAL
ASSISTANCE, OF AN EMERGENCY.
§ 2. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. A. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF
STATE POLICE, SHALL PROMULGATE RULES AND REGULATIONS TO ALLOW THE BOARD
OF EDUCATION OR TRUSTEES OF ANY SCHOOL DISTRICT IN THE STATE TO PROVIDE
FOR THE USE BY, AND DISTRIBUTION OF PERSONAL SAFETY ALARMS TO TEACHERS
AND OTHER SCHOOL PERSONNEL WHO HAVE SIGNIFICANT DAILY STUDENT CONTACT.
B. FOR PURPOSES OF THIS SECTION, A "PERSONAL SAFETY ALARM" SHALL MEAN
A WEARABLE DEVICE THAT ONCE ACTIVATED, BY THE PRESSING OF AN EMERGENCY
BUTTON, SHALL ALERT FIRST RESPONDERS, INCLUDING BUT NOT LIMITED TO
POLICE, FIREFIGHTERS AND MEDICAL ASSISTANCE, OF AN EMERGENCY.
C. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT CONTAINING THE
AMOUNT OF DISTRIBUTED PERSONAL SAFETY ALARMS BY SCHOOL DISTRICT TO THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE.
§ 3. Section 3602 of the education law is amended by adding a new
subdivision 19 to read as follows:
19. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT
PURSUANT TO THIS SECTION, THE COMMISSIONER IS HEREBY AUTHORIZED TO
APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL AID PURSUANT TO THIS SUBDI-
VISION FOR ITS APPROVED EXPENDITURES IN THE BASE YEAR FOR THE PURCHASE
OF PERSONAL SAFETY ALARMS. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE A
SPECIAL COST ALLOWANCE FOR SUCH PERSONAL SAFETY ALARMS AND THE APPROVED
EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
S. 7506--A 60
this act on its effective date are authorized to be made and completed
on or before such effective date.
SUBPART C
Section 1. The education law is amended by adding a new section 2801-c
to read as follows:
§ 2801-C. NEW YORK STATE SCHOOL RESOURCE OFFICER PROGRAM. 1. FOR
PURPOSES OF THIS SECTION, THE TERM "SCHOOL RESOURCE OFFICER" SHALL MEAN
A SCHOOL RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFI-
CER, OR ANY OTHER SUBSTANTIALLY SIMILAR POSITION OR OFFICE, THAT IS
DESIGNED TO PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL
GROUNDS. SUCH SCHOOL RESOURCE OFFICER MAY BE A RETIRED POLICE OFFICER, A
RETIRED STATE TROOPER, A RETIRED DEPUTY SHERIFF, A STATE TROOPER, A
POLICE OFFICER IN THE ACTIVE DUTY SERVICE OF A TOWN, CITY OR VILLAGE, OR
A DEPUTY SHERIFF FROM A COUNTY SHERIFF'S DEPARTMENT.
2. ANY PUBLIC, NONPUBLIC OR CHARTER SCHOOL, OR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, MAY EMPLOY, IN EITHER THE CLASSIFIED OR UNCLASSI-
FIED SERVICE, ANY SCHOOL RESOURCE OFFICER FOR THE PURPOSE OF PROVIDING
IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL GROUNDS. ANY SUCH
PUBLIC, NONPUBLIC OR CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES, MAY ALSO CONTRACT WITH THE STATE OF NEW YORK, OR A
COUNTY, CITY, TOWN OR VILLAGE, FOR THE PROVISION OF A STATE TROOPER,
POLICE OFFICER OR DEPUTY SHERIFF, TO SERVE AS A SCHOOL RESOURCE OFFICER,
FOR THE PURPOSE OF PROVIDING IMPROVED PUBLIC SAFETY AND/OR SECURITY ON
SCHOOL GROUNDS. A SCHOOL DISTRICT, NONPUBLIC SCHOOL, CHARTER SCHOOL, OR
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL BE AUTHORIZED TO
EMPLOY OR CONTRACT FOR AS MANY SCHOOL RESOURCE OFFICERS AS SUCH DISTRICT
DEEMS NECESSARY.
3. IT SHALL BE THE PRIMARY ROLE OF THE SCHOOL RESOURCE OFFICER TO
PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL GROUNDS. IN
ADDITION, TO THIS PRIMARY ROLE, SCHOOL RESOURCE OFFICERS ALSO MAY SERVE
ADDITIONAL ROLES, INCLUDING BUT NOT LIMITED TO:
(A) PROPOSING AND ENFORCING POLICIES AND ADMINISTRATIVE PROCEDURES
RELATED TO SCHOOL SAFETY;
(B) UTILIZING TECHNOLOGY IN THE IMPLEMENTATION OF A COMPREHENSIVE
SAFETY PROGRAM;
(C) SERVING AS A LIAISON WITH OTHER SCHOOL OFFICIALS AND OTHER COMMU-
NITY AGENCIES, INCLUDING BUT NOT LIMITED TO, OTHER LAW ENFORCEMENT ENTI-
TIES, COURTS, HEALTH CARE ENTITIES, AND MENTAL HEALTH ENTITIES;
(D) PROPOSING AND IMPLEMENTING STRATEGIES CONCERNING PREVENTION,
RESPONSE AND RECOVERY EFFORTS FOR INCIDENTS AND/OR EMERGENCY SITUATIONS
OCCURRING ON SCHOOL GROUNDS AND/OR INVOLVING STUDENTS, FACULTY, ADMINIS-
TRATION OR VISITORS TO THE SCHOOL;
(E) PROPOSING AND ASSISTING IN THE EXECUTION OF SCHOOL EMERGENCY
DRILLS AND PROPOSING AND ASSISTING IN THE CREATION OF SCHOOL SAFETY
PLANS;
(F) PROVIDING EDUCATIONAL AND MENTORING SERVICES TO STUDENTS;
(G) ASSISTING IN THE DESIGN, EXPLANATION AND ENFORCEMENT OF SCHOOL
SAFETY AND SECURITY POLICIES AND PROCEDURES; AND
(H) PERFORMING SUCH OTHER AND FURTHER ROLES, RESPONSIBILITIES AND
ACTIVITIES AS THE SCHOOL DISTRICT MAY DEEM APPROPRIATE AND PROPER FOR A
LAW ENFORCEMENT OFFICER TO PERFORM, IN ORDER TO ADVANCE THE SECURITY,
SAFETY AND WELL-BEING OF STUDENTS, FACULTY, ADMINISTRATION AND VISITORS
TO THE SCHOOL DISTRICT'S SCHOOLS, TRANSPORTATION VEHICLES AND SCHOOL
GROUNDS.
S. 7506--A 61
4. SUCH SCHOOL RESOURCE OFFICER MAY CARRY AND POSSESS FIREARMS DURING
THE COURSE OF THEIR DUTIES AT SUCH SCHOOL DISTRICT, NONPUBLIC SCHOOL,
CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, BUT
NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH SCHOOL
RESOURCE OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM
UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO
SECTION 400.00 OF THE PENAL LAW.
§ 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 474 of the laws of 1996, is
amended and a new subparagraph 1-a is added to read as follows:
(1) Aidable shared services. At the request of component school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance supervisor, supervisor of teachers, dental hygienist, psychologist,
SCHOOL RESOURCE OFFICER, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE-C OF THIS CHAPTER, teachers of art, music, physical educa-
tion, career education subjects, guidance counsellors, operation of
special classes for students with disabilities, as such term is defined
in article eighty-nine of this chapter; pupil and financial accounting
service by means of mechanical equipment; maintenance and operation of
cafeteria or restaurant service for the use of pupils and teachers while
at school, and such other services as the commissioner may approve. Such
cafeteria or restaurant service may be used by the community for school
related functions and activities and to furnish meals to the elderly
residents of the district, sixty years of age or older. Utilization by
elderly residents or school related groups shall be subject to the
approval of the board of education. Charges shall be sufficient to bear
the direct cost of preparation and serving of such meals, exclusive of
any other available reimbursements.
(1-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION
TO THE CONTRARY, SCHOOL RESOURCE OFFICERS MAY BE REQUESTED BY CHARTER
SCHOOLS AND SCHOOL DISTRICTS FOR UP TO SIX DAYS PER WEEK THROUGHOUT THE
ENTIRE SCHOOL YEAR.
§ 3. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding two new subparagraphs 12 and 13 to read as follows:
(12) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS TO PROVIDE SCHOOL
RESOURCE OFFICERS, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE-C OF THIS CHAPTER, PROVIDED THAT THE COSTS OF SUCH SCHOOL
RESOURCE OFFICERS SHALL BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A
COMPONENT SCHOOL DISTRICT, AND FURTHER PROVIDED THAT THE AID RATIO SHALL
BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER SCHOOL
IS LOCATED, AND FURTHER PROVIDED THAT CHARTER SCHOOLS SHALL NOT BE
LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
OF THIS SUBDIVISION.
(13) TO ENTER INTO CONTRACTS WITH NON-COMPONENT SCHOOL DISTRICTS
INCLUDING CITY SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE
THOUSAND INHABITANTS OR MORE, TO PROVIDE SCHOOL RESOURCE OFFICERS, AS
SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE-C OF THIS CHAP-
TER, PROVIDED THAT THE COSTS OF SUCH SCHOOL RESOURCE OFFICERS SHALL BE
AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO THE SAME EXTENT
AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPONENT SCHOOL DISTRICT,
AND FURTHER PROVIDED THAT NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE
LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
OF THIS SUBDIVISION.
S. 7506--A 62
§ 4. The education law is amended by adding a new section 3038 to read
as follows:
§ 3038. GRANTS FOR SCHOOL RESOURCE OFFICERS. 1. FOR PURPOSES OF THIS
SECTION, SCHOOL RESOURCE OFFICERS SHALL HAVE THE SAME MEANING AS DEFINED
IN SECTION TWENTY-EIGHT HUNDRED ONE-C OF THIS CHAPTER.
2. NONPUBLIC SCHOOLS SHALL, UPON APPLICATION, BE REIMBURSED BY THE
DEPARTMENT FOR THE SALARIES OF SCHOOL RESOURCE OFFICERS. EACH SCHOOL
WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE
OFFICE OF RELIGIOUS AND INDEPENDENT SCHOOLS AN APPLICATION THEREFOR,
TOGETHER WITH SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY REASON-
ABLY REQUIRE, AT SUCH TIMES, IN SUCH FORM AND CONTAINING SUCH INFORMA-
TION AS THE COMMISSIONER MAY PRESCRIBE BY REGULATION. APPLICATIONS FOR
REIMBURSEMENT PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST FIRST
OF EACH YEAR FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES OF ELIGIBLE
SCHOOL RESOURCE OFFICERS IN THE PRIOR YEAR.
3. THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 5. This act shall take effect immediately.
SUBPART D
Section 1. Section 2801-b of the education law, as amended by section
3-a of part A of chapter 57 of the laws of 2013, is amended to read as
follows:
§ 2801-b. New York state school safety improvement teams. 1. The
governor shall establish New York state school safety improvement teams,
which may be composed of representatives from the division of homeland
security and emergency services, the division of state police, the divi-
sion of criminal justice services, THE OFFICE OF GENERAL SERVICES and
the department. Such New York State School Safety Improvement Teams
shall review and assess school safety plans submitted, on a voluntary
basis, by school districts [having a population of less than one hundred
twenty-five thousand inhabitants], boards of cooperative educational
services, nonpublic schools, CHARTER SCHOOLS and county vocational
education and extension boards, and may make recommendations to improve
such school safety plans.
2. ANY REQUEST FOR A SECURITY REVIEW AND ASSESSMENT UNDER THIS SECTION
SHALL BE SUBMITTED TO THE COMMISSIONER OF THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES, AND SHALL BE RESPONDED TO BY A SCHOOL SAFE-
TY IMPROVEMENT TEAM WITHIN ONE HUNDRED TWENTY DAYS OF THE SUBMISSION OF
SUCH REQUEST. AT THE REQUEST OF THE SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, NONPUBLIC SCHOOL, CHARTER SCHOOL OR COUNTY
VOCATIONAL AND EDUCATIONAL BOARD, THE SCHOOL SAFETY IMPROVEMENT TEAM
SHALL, IN ADDITION TO A REVIEW OF SUCH ENTITY'S SCHOOL SAFETY PLAN,
PERFORM AN ON-SITE EXAMINATION OF SUCH ENTITY'S FACILITIES, AND UPON
SUCH EXAMINATION SHALL INCLUDE IN ITS RECOMMENDATIONS HOW THE ENTITY MAY
IMPROVE THE PHYSICAL SECURITY OF SUCH FACILITY EXAMINED.
3. ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
NONPUBLIC SCHOOL, CHARTER SCHOOL OR COUNTY VOCATIONAL AND EDUCATIONAL
BOARD, THAT REQUESTS AND RECEIVES ANY RECOMMENDATION FROM A SCHOOL SAFE-
TY IMPROVEMENT TEAM, SHALL NOT BE HELD LIABLE IN ANY ACTION FOR THE
FAILURE TO ADDRESS ANY RECOMMENDATION MADE BY A SCHOOL SAFETY IMPROVE-
MENT TEAM, WITHIN THREE YEARS OF THE ENTITY'S RECEIPT OF SUCH RECOMMEN-
DATION FROM THE SCHOOL SAFETY IMPROVEMENT TEAM.
§ 2. Subdivision 6-c of section 3602 of the education law, as amended
by chapter 1 of the laws of 2013, paragraph b as amended by section 23
S. 7506--A 63
of part YYY of chapter 59 of the laws of 2017, is amended to read as
follows:
6-c. a. Building aid for metal detectors, SECURITY UPGRADES MADE
PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN
ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, and
safety devices for electrically operated partitions, room dividers and
doors. In addition to the apportionments payable to a school district
pursuant to subdivision six of this section, the commissioner is hereby
authorized to apportion to any school district additional building aid
pursuant to this subdivision for its approved expenditures in the base
year for the purchase of stationary metal detectors, security cameras,
SECURITY UPGRADES MADE PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY
IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B
OF THIS CHAPTER, AND safety devices for electrically operated partitions
and room dividers required pursuant to section four hundred nine-f of
this chapter, or other security devices approved by the commissioner
that increase the safety of students and school personnel, provided,
however, that funds apportioned to school districts pursuant to this
section shall not supplant funds for existing district expenditures or
for existing contractual obligations of the district for stationary
metal detectors, security cameras, SECURITY UPGRADES MADE PURSUANT TO
RECOMMENDATION FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH
SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, AND partition and
room divider safety devices, or security devices. Portable or hand held
metal detectors shall not be eligible for aid pursuant to this subdivi-
sion. Such additional aid shall equal the product of the building aid
ratio computed for use in the current year pursuant to paragraph c of
subdivision six of this section and 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 subdivi-
sion six of this section shall not apply. The commissioner shall annual-
ly prescribe a special cost allowance for metal detectors, SECURITY
UPGRADES MADE PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY IMPROVE-
MENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS
CHAPTER, and security cameras, and the approved expenditures shall not
exceed such cost allowance. The commissioner shall annually prescribe a
special cost allowance for partition and room divider safety devices,
and the approved expenditures shall not exceed such cost allowance.
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 UPGRADES MADE PURSUANT TO RECOMMEN-
DATION FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION
TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, 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 thou-
sand thirteen and [before the first day of July two thousand eighteen]
THEREAFTER such additional aid shall equal the product of (i) the build-
ing 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
S. 7506--A 64
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 security cameras, and the approved expenditures shall not exceed
such cost allowance.
§ 3. Section 3602-c of the education law is amended by adding a new
subdivision 11 to read as follows:
11. AID SHALL BE MADE AVAILABLE TO ALL NONPUBLIC SCHOOLS, CHARTER
SCHOOLS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES UNDER THIS
SECTION, FOR SECURITY UPGRADES MADE PURSUANT TO A RECOMMENDATION FROM A
SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT
HUNDRED ONE-B OF THIS CHAPTER, IN THE SAME MANNER AS FOR PUBLIC SCHOOLS
IN SUBDIVISION SIX-C OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
§ 4. This act shall take effect immediately.
SUBPART E
Section 1. Paragraph c of subdivision 2 of section 753 of the educa-
tion law, as added by section 7-a of part B of chapter 57 of the laws of
2007, is amended to read as follows:
c. "Technology equipment", for the purposes of this article, shall
mean (1) equipment with a useful life used in conjunction with or in
support of educational programs including but not limited to video,
solar energy, robotic, satellite, laser and such other equipment as the
commissioner shall approve OR, (2) SECURITY AND SAFETY HARDWARE TECHNOL-
OGY provided that expenses for the purchase or lease of such equipment
shall not be eligible for aid under any other provisions of this chap-
ter.
§ 2. Subdivisions 1 and 2 of section 751 of the education law, subdi-
vision 1 as added by chapter 53 of the laws of 1984 and subdivision 2 as
amended by section 3 of part A-1 of chapter 58 of the laws of 2011, are
amended to read as follows:
1. In the several cities and school districts of the state, boards of
education, trustees or such body or officers as perform the functions of
such boards, shall designate software programs to be used in conjunction
with computers of the school district OR IN CONJUNCTION WITH SECURITY
AND SAFETY TECHNOLOGY PLATFORMS.
2. A software program, for the purposes of this article shall mean (a)
a computer program which a pupil is required to use as a learning aid in
a particular class in the school the pupil legally attends, or (b) for
expenses incurred after July first, two thousand nine, any content-based
instructional materials in an electronic format that are aligned with
state standards which are accessed or delivered through the internet
based on a subscription model. Such electronic format materials may
include a variety of media assets and learning tools, including video,
audio, images, teacher guides, and student access capabilities as such
terms are defined in the regulations of the commissioner. For expenses
incurred on or after July first, two thousand eleven, a software program
shall also mean SECURITY AND SAFETY SOFTWARE TECHNOLOGY INCLUDING items
of expenditure that are eligible for an apportionment pursuant to
sections seven hundred one, seven hundred eleven and/or seven hundred
fifty-three of this title, where such items are designated by the school
district as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall not be
aidable pursuant to any other section of law.
S. 7506--A 65
§ 3. Subdivision 6-c of section 3602 of the education law, as amended
by chapter 1 of the laws of 2013, paragraph b as amended by section 23
of part YYY of chapter 59 of the laws of 2017, is amended to read as
follows:
6-c. a. Building aid for metal detectors, SECURITY HARDWARE AND SOFT-
WARE SAFETY TECHNOLOGY, and safety devices for electrically operated
partitions, room dividers and doors. In addition to the apportionments
payable to a school district pursuant to subdivision six of this
section, the commissioner is hereby authorized to apportion to any
school district additional building aid pursuant to this subdivision for
its approved expenditures in the base year for the purchase of station-
ary metal detectors, security cameras, SECURITY HARDWARE AND SOFTWARE
SAFETY TECHNOLOGY, AND safety devices for electrically operated parti-
tions and room dividers required pursuant to section four hundred nine-f
of this chapter, or other security devices approved by the commissioner
that increase the safety of students and school personnel, provided,
however, that funds apportioned to school districts pursuant to this
section shall not supplant funds for existing district expenditures or
for existing contractual obligations of the district for stationary
metal detectors, security cameras, SECURITY HARDWARE AND SOFTWARE SAFETY
TECHNOLOGY, AND partition and room divider safety devices, or security
devices. Portable or hand held metal detectors shall not be eligible
for aid pursuant to this subdivision. Such additional aid shall equal
the product of the building aid ratio computed for use in the current
year pursuant to paragraph c of subdivision six of this section and 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. The
commissioner shall annually prescribe a special cost allowance for metal
detectors, and security cameras, and the approved expenditures shall not
exceed such cost allowance. The commissioner shall annually prescribe a
special cost allowance for partition and room divider safety devices,
and the approved expenditures shall not exceed such cost allowance.
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 eighteen] AND THEREAFTER
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
security cameras, and the approved expenditures shall not exceed such
cost allowance.
§ 4. This act shall take effect immediately.
S. 7506--A 66
SUBPART F
Section 1. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. A. THE COMMISSIONER SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, A REPORT
REGARDING SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS AND SCHOOL PSYCHOL-
OGISTS FOR THE CURRENT SCHOOL YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT
BE LIMITED TO: (I) THE NUMBER OF FULL AND PART-TIME SCHOOL COUNSELORS,
SCHOOL SOCIAL WORKERS AND SCHOOL PSYCHOLOGISTS IN EACH SCHOOL, (II) THE
RATIO OF STUDENTS TO THE NUMBER OF SCHOOL COUNSELORS, THE RATIO OF
STUDENTS TO THE NUMBER OF SCHOOL SOCIAL WORKERS, AND THE RATIO OF
STUDENTS TO THE NUMBER OF SCHOOL PSYCHOLOGISTS IN EACH SCHOOL, AND (III)
WHETHER THE SCHOOL COUNSELOR, SCHOOL SOCIAL WORKER OR SCHOOL PSYCHOL-
OGIST IS PROVIDING COUNSELING ASSISTANCE TO MORE THAN ONE SCHOOL.
B. AFTER SUCH REPORT IS ISSUED, THE COMMISSIONER SHALL PREPARE A
PROPOSAL ON HOW TO INCREASE THE NUMBER OF SCHOOL COUNSELORS, SCHOOL
SOCIAL WORKERS AND SCHOOL PSYCHOLOGISTS TO MEET THE NATIONALLY ACCEPTED
RATIO OF STUDENTS TO THE NUMBER OF SCHOOL COUNSELORS, RATIO OF STUDENTS
TO THE NUMBER OF SCHOOL SOCIAL WORKERS, AND RATIO OF STUDENTS TO THE
NUMBER OF SCHOOL PSYCHOLOGISTS WITHIN NEW YORK STATE SUCH AS THOSE
RECOMMENDED BY THE SCHOOL SOCIAL WORK ASSOCIATION OF AMERICA, THE AMERI-
CAN SCHOOL COUNSELORS ASSOCIATION AND THE NATIONAL ASSOCIATION OF SCHOOL
PSYCHIATRISTS. WHEN PREPARING SUCH PROPOSAL, THE COMMISSIONER SHALL TAKE
INTO CONSIDERATION THE SPECIFIC NEEDS OF INDIVIDUAL SCHOOL DISTRICTS AND
THE REGION IN WHICH SUCH SCHOOL DISTRICT IS LOCATED.
C. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "SCHOOL COUNSELOR" SHALL MEAN ANY PERSONNEL, LICENSED AND CERTI-
FIED BY NEW YORK STATE AS SCHOOL COUNSELOR, HIRED TO PROVIDE INDIVIDUAL
OR GROUP COUNSELING ASSISTANCE TO STUDENTS IN THE ELEMENTARY, MIDDLE, OR
HIGH SCHOOL GRADES;
(II) "SCHOOL SOCIAL WORKER" SHALL MEAN ANY PERSONNEL, LICENSED AND
CERTIFIED BY NEW YORK STATE AS A SCHOOL SOCIAL WORKER, HIRED TO PROVIDE
INDIVIDUAL OR GROUP COUNSELING ASSISTANCE TO STUDENTS IN THE ELEMENTARY,
MIDDLE, OR HIGH SCHOOL GRADES; AND
(III) "SCHOOL PSYCHOLOGIST" SHALL MEAN ANY PERSONNEL, LICENSED AND
CERTIFIED BY NEW YORK STATE AS A SCHOOL PSYCHOLOGIST, HIRED TO PROVIDE
INDIVIDUAL OR GROUP COUNSELING ASSISTANCE TO STUDENTS IN THE ELEMENTARY,
MIDDLE, OR HIGH SCHOOL GRADES.
(IV) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL, NONPUBLIC SCHOOL, CHARTER
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
§ 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 474 of the laws of 1996, is
amended and a new subparagraph 1-a is added to read as follows:
(1) Aidable shared services. At the request of component school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance supervisor, supervisor of teachers, dental hygienist, psychologist,
SCHOOL COUNSELOR, AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTY-SEVEN OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER, SCHOOL SOCIAL WORKER, AS
SUCH TERM IS DEFINED IN SUBDIVISION FIFTY-SEVEN OF SECTION THREE HUNDRED
FIVE OF THIS CHAPTER, SCHOOL PSYCHOLOGIST, AS SUCH TERM IS DEFINED IN
SUBDIVISION FIFTY-SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER,
teachers of art, music, physical education, career education subjects,
guidance counsellors, operation of special classes for students with
S. 7506--A 67
disabilities, as such term is defined in article eighty-nine of this
chapter; pupil and financial accounting service by means of mechanical
equipment; maintenance and operation of cafeteria or restaurant service
for the use of pupils and teachers while at school, and such other
services as the commissioner may approve. Such cafeteria or restaurant
service may be used by the community for school related functions and
activities and to furnish meals to the elderly residents of the
district, sixty years of age or older. Utilization by elderly residents
or school related groups shall be subject to the approval of the board
of education. Charges shall be sufficient to bear the direct cost of
preparation and serving of such meals, exclusive of any other available
reimbursements.
(1-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION
TO THE CONTRARY, SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS, AND SCHOOL
PSYCHOLOGISTS MAY BE REQUESTED BY CHARTER SCHOOLS AND SCHOOL DISTRICTS
FOR UP TO FIVE DAYS PER WEEK THROUGHOUT THE ENTIRE SCHOOL YEAR.
§ 3. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding two new subparagrahs 12 and 13 to read as follows:
(12) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS TO PROVIDE SCHOOL
COUNSELORS, AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTY-SEVEN OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER, SCHOOL SOCIAL WORKERS, AS
SUCH TERM IS DEFINED IN SUBDIVISION FIFTY-SEVEN OF SECTION THREE HUNDRED
FIVE OF THIS CHAPTER, AND SCHOOL PSYCHOLOGISTS, AS SUCH TERM IS DEFINED
IN SUBDIVISION FIFTY-SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAP-
TER, PROVIDED THAT THE COSTS OF SUCH SCHOOL COUNSELORS, SCHOOL SOCIAL
WORKERS, AND SCHOOL PSYCHOLOGISTS, SHALL BE AIDABLE PURSUANT TO SUBDIVI-
SION FIVE OF THIS SECTION TO THE SAME EXTENT AND ON THE SAME BASIS AS
COSTS ALLOCATED TO A COMPONENT SCHOOL DISTRICT, AND FURTHER PROVIDED
THAT THE AID RATIO SHALL BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT
WHERE THE CHARTER SCHOOL IS LOCATED AND FURTHER PROVIDED THAT CHARTER
SCHOOLS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS
DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
(13) TO ENTER INTO CONTRACTS WITH NON-COMPONENT SCHOOL DISTRICTS
INCLUDING CITY SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE
THOUSAND INHABITANTS OR MORE, TO PROVIDE SCHOOL COUNSELORS, AS SUCH TERM
IS DEFINED IN SUBDIVISION FIFTY-SEVEN OF SECTION THREE HUNDRED FIVE OF
THIS CHAPTER, SCHOOL SOCIAL WORKERS, AS SUCH TERM IS DEFINED IN SUBDIVI-
SION FIFTY-SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, AND
SCHOOL PSYCHOLOGISTS, AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTY-SEVEN
OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, PROVIDED THAT THE COSTS
OF SUCH SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS, AND SCHOOL PSYCHOL-
OGISTS, SHALL BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO
THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPONENT
SCHOOL DISTRICT, AND FURTHER PROVIDED THAT NON-COMPONENT SCHOOL
DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS
DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
§ 4. The education law is amended by adding a new section 3040 to read
as follows:
§ 3040. GRANTS FOR SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS, AND
SCHOOL PSYCHOLOGISTS. 1. FOR PURPOSES OF THIS SECTION, SCHOOL COUNSE-
LORS, SCHOOL SOCIAL WORKERS, AND SCHOOL PSYCHOLOGISTS SHALL HAVE THE
SAME MEANING AS DEFINED IN SUBDIVISION FIFTY-SEVEN OF SECTION THREE
HUNDRED FIVE OF THIS CHAPTER.
2. NONPUBLIC SCHOOLS SHALL, UPON APPLICATION, BE REIMBURSED BY THE
DEPARTMENT FOR THE SALARIES OF SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,
AND SCHOOL PSYCHOLOGISTS. EACH SCHOOL WHICH SEEKS A REIMBURSEMENT PURSU-
S. 7506--A 68
ANT TO THIS SECTION SHALL SUBMIT TO THE OFFICE OF RELIGIOUS AND INDE-
PENDENT SCHOOLS AN APPLICATION THEREFOR, TOGETHER WITH SUCH ADDITIONAL
DOCUMENTS AS THE COMMISSIONER MAY REASONABLY REQUIRE, AT SUCH TIMES, IN
SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY
PRESCRIBE BY REGULATION. APPLICATIONS FOR REIMBURSEMENT PURSUANT TO THIS
SECTION MUST BE RECEIVED BY AUGUST FIRST OF EACH YEAR FOR SCHOOLS TO BE
REIMBURSED FOR THE SALARIES OF ELIGIBLE SCHOOL COUNSELORS, SCHOOL SOCIAL
WORKERS, AND SCHOOL PSYCHOLOGISTS IN THE PRIOR YEAR.
3. THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 5. This act shall take effect immediately.
SUBPART G
Section 1. The education law is amended by adding a new section 2801-d
to read as follows:
§ 2801-D. NEW YORK STATE SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDI-
NATOR. 1. FOR PURPOSES OF THIS SECTION, THE TERM "SCHOOL MENTAL HEALTH
SERVICES PROGRAM COORDINATOR" SHALL MEAN A MENTAL HEALTH SERVICES
PROFESSIONAL, WITH QUALIFICATIONS DETERMINED BY REGULATION BY THE
COMMISSIONER, WHOSE ROLE AND RESPONSIBILITY SHALL BE TO WORK WITH
STUDENTS, FACULTY AND OTHER MENTAL HEALTH AND HEALTH CARE PROFESSIONALS
TO IDENTIFY, REPORT AND ADDRESS MENTAL HEALTH ISSUES OF STUDENTS, FACUL-
TY AND ADMINISTRATION AT ANY PUBLIC OR NON-PUBLIC SCHOOL THAT COULD POSE
A RISK TO PUBLIC SAFETY.
2. ANY PUBLIC OR NON-PUBLIC SCHOOL, CHARTER SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES MAY EMPLOY A MENTAL HEALTH SERVICES PROFES-
SIONAL, IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE, DETERMINED IN
REGULATION BY THE COMMISSIONER TO BE QUALIFIED, AS A MENTAL HEALTH
SERVICES PROGRAM COORDINATOR. ANY SUCH PUBLIC OR NON-PUBLIC SCHOOL,
CHARTER SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ALSO
CONTRACT WITH THE STATE OF NEW YORK, A COUNTY, CITY, TOWN OR VILLAGE, OR
WITH A PRIVATE MENTAL HEALTH SERVICES PROVIDER, FOR THE PROVISION OF A
MENTAL HEALTH SERVICES PROFESSIONAL, DETERMINED IN REGULATION BY THE
COMMISSIONER TO BE QUALIFIED, TO SERVE AS A MENTAL HEALTH SERVICES
PROGRAM COORDINATOR.
3. THE COMMISSIONER SHALL, BY REGULATION, DETERMINE THE QUALIFICATIONS
FOR A MENTAL HEALTH SERVICES PROGRAM COORDINATOR. A SCHOOL DISTRICT,
NONPUBLIC SCHOOL, CHARTER SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE AUTHORIZED TO EMPLOY OR CONTRACT FOR AS MANY MENTAL
HEALTH SERVICES PROGRAM COORDINATORS, AS SUCH DISTRICT, SCHOOL OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES DEEMS NECESSARY. THE COMMISSIONER
SHALL BY REGULATION, ESTABLISH THE MANDATORY REPORTS, THE PERSONS OR
ENTITIES WITH WHOM SUCH REPORTS SHALL BE FILED, AND THE TREATMENT
SERVICES THAT MAY BE OFFERED OR DIRECTED BY A MENTAL HEALTH SERVICES
PROGRAM COORDINATOR.
§ 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 474 of the laws of 1996, is
amended and a new subparagraph 1-a is added to read as follows:
(1) Aidable shared services. At the request of component school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance supervisor, supervisor of teachers, dental hygienist, psychologist,
SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINATOR, AS SUCH TERM IS
DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE-D OF THIS CHAPTER, teachers
of art, music, physical education, career education subjects, guidance
S. 7506--A 69
counsellors, operation of special classes for students with disabili-
ties, as such term is defined in article eighty-nine of this chapter;
pupil and financial accounting service by means of mechanical equipment;
maintenance and operation of cafeteria or restaurant service for the use
of pupils and teachers while at school, and such other services as the
commissioner may approve. Such cafeteria or restaurant service may be
used by the community for school related functions and activities and to
furnish meals to the elderly residents of the district, sixty years of
age or older. Utilization by elderly residents or school related groups
shall be subject to the approval of the board of education. Charges
shall be sufficient to bear the direct cost of preparation and serving
of such meals, exclusive of any other available reimbursements.
(1-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION
TO THE CONTRARY, SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINATORS MAY
BE REQUESTED BY CHARTER SCHOOLS AND SCHOOL DISTRICTS FOR UP TO FIVE DAYS
PER WEEK THROUGHOUT THE ENTIRE SCHOOL YEAR.
§ 3. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding two new subparagraphs 12 and 13 to read as follows:
(12) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS TO PROVIDE SCHOOL
MENTAL HEALTH SERVICES PROGRAM COORDINATORS, AS SUCH TERM IS DEFINED IN
SECTION TWENTY-EIGHT HUNDRED ONE-D OF THIS CHAPTER, PROVIDED THAT THE
COSTS OF SUCH SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINATORS SHALL
BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO THE SAME
EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPONENT SCHOOL
DISTRICT, AND FURTHER PROVIDED THAT THE AID RATIO SHALL BE THE AID RATIO
FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED AND
FURTHER PROVIDED THAT CHARTER SCHOOLS SHALL NOT BE LIABLE FOR PAYMENT OF
ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
(13) TO ENTER INTO CONTRACTS WITH NON-COMPONENT SCHOOL DISTRICTS
INCLUDING CITY SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE
THOUSAND INHABITANTS OR MORE, TO PROVIDE SCHOOL MENTAL HEALTH SERVICES
PROGRAM COORDINATORS, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE-D OF THIS CHAPTER, PROVIDED THAT THE COSTS OF SUCH SCHOOL
MENTAL HEALTH SERVICES PROGRAM COORDINATORS SHALL BE AIDABLE PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION TO THE SAME EXTENT AND ON THE SAME
BASIS AS COSTS ALLOCATED TO A COMPONENT SCHOOL DISTRICT, AND FURTHER
PROVIDED THAT NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE FOR
PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B OF THIS
SUBDIVISION.
§ 4. The education law is amended by adding a new section 3039 to read
as follows:
§ 3039. GRANTS FOR SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINATORS.
1. FOR PURPOSES OF THIS SECTION, SCHOOL MENTAL HEALTH SERVICES PROGRAM
COORDINATOR SHALL HAVE THE SAME MEANING AS DEFINED UNDER SECTION TWEN-
TY-EIGHT HUNDRED ONE-D OF THIS CHAPTER.
2. NONPUBLIC SCHOOLS SHALL, UPON APPLICATION, BE REIMBURSED BY THE
DEPARTMENT FOR THE SALARIES OF SCHOOL MENTAL HEALTH SERVICES PROGRAM
COORDINATORS. EACH SCHOOL WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS
SECTION SHALL SUBMIT TO THE OFFICE OF RELIGIOUS AND INDEPENDENT SCHOOLS
AN APPLICATION THEREFOR, TOGETHER WITH SUCH ADDITIONAL DOCUMENTS AS THE
COMMISSIONER MAY REASONABLY REQUIRE, AT SUCH TIMES, IN SUCH FORM AND
CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY PRESCRIBE BY REGU-
LATION. APPLICATIONS FOR REIMBURSEMENT PURSUANT TO THIS SECTION MUST BE
RECEIVED BY AUGUST FIRST OF EACH YEAR FOR SCHOOLS TO BE REIMBURSED FOR
THE SALARIES OF ELIGIBLE SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINA-
TORS IN THE PRIOR YEAR.
S. 7506--A 70
3. THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 5. This act shall take effect immediately.
SUBPART H
Section 1. The education law is amended by adding a new section 411 to
read as follows:
§ 411. COMPREHENSIVE SCHOOL SECURITY GRANT PROGRAM. 1. WITHIN AMOUNTS
APPROPRIATED FOR THE INSTALLATION AND OPERATION OF COMPREHENSIVE SECURI-
TY SYSTEMS IN EVERY SCHOOL OF THE STATE, THE COMMISSIONER IS HEREBY
AUTHORIZED AND DIRECTED TO AWARD GRANTS TO EVERY PUBLIC, PAROCHIAL AND
PRIVATE SCHOOL IN THE STATE. SUCH GRANTS SHALL BE FOR THE TOTAL CAPITAL
COSTS OF QUICK CAPACITY SMART SENSOR THREAT DETECTION, AND 360 DEGREE
SECURITY AWARENESS INCLUDING SERVICES, EXPENSES AND INDIRECT COSTS.
GRANTEES RECEIVING FUNDING PURSUANT TO THIS SUBDIVISION MAY EXPEND NO
MORE THAN FIVE PERCENT OF GRANTS FOR ADMINISTRATION AND NO MORE THAN
FIVE PERCENT FOR GRANTEE TRAINING.
2. IN THE EVENT THE APPROPRIATION FOR THE PURPOSES OF THIS SECTION IN
ANY YEAR IS INSUFFICIENT TO PAY ALL CLAIMS PURSUANT TO THIS SUBDIVISION,
THE COMMISSIONER SHALL PAY SUCH CLAIMS ON A PRORATED BASIS AMONG ALL
SCHOOLS FILING SUCH CLAIMS UNTIL THE APPROPRIATION IS EXHAUSTED.
§ 2. This act shall take effect immediately.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through H of this Part shall
be as specifically set forth in the last section of such Subparts.
PART B
Section 1. The education law is amended by adding a new section 908 to
read as follows:
§ 908. PROHIBITION AGAINST LUNCH SHAMING. ALL PUBLIC SCHOOL
DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE STATE THAT
PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL BREAKFAST
PROGRAM IN WHICH THERE IS A SCHOOL AT WHICH ALL PUPILS ARE NOT ELIGIBLE
TO BE SERVED BREAKFAST AND LUNCH UNDER THE COMMUNITY ELIGIBILITY
PROVISION OR PROVISION TWO OF THE FEDERAL NATIONAL SCHOOL LUNCH ACT, 42
U.S.C. SEC. 1751 ET SEQ., SHALL DEVELOP A PLAN TO ENSURE THAT A PUPIL
WHOSE PARENT OR GUARDIAN HAS UNPAID SCHOOL MEAL FEES IS NOT SHAMED OR
TREATED DIFFERENTLY THAN A PUPIL WHOSE PARENT OR GUARDIAN DOES NOT HAVE
UNPAID SCHOOL MEAL FEES. THE PLAN SHALL BE SUBMITTED TO THE COMMISSIONER
BY JULY FIRST, TWO THOUSAND EIGHTEEN, OR SIXTY DAYS FROM THE EFFECTIVE
DATE OF THIS SECTION AFTER ENACTMENT IN CONFORMANCE WITH REGULATIONS OF
THE COMMISSIONER. AFTER SUBMISSION OF SUCH PLAN, THE SCHOOL OR SCHOOL
DISTRICT SHALL ADOPT AND POST THE PLAN ON ITS WEBSITE. THE PLAN SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
S. 7506--A 71
A. A STATEMENT THAT THE SCHOOL OR SCHOOL DISTRICT SHALL PROVIDE THE
STUDENT WITH THE STUDENT'S MEAL OF CHOICE FOR THAT SCHOOL DAY OF THE
AVAILABLE REIMBURSABLE MEAL CHOICES FOR SUCH SCHOOL DAY, IF THE STUDENT
REQUESTS ONE, UNLESS THE STUDENT'S PARENT OR GUARDIAN HAS SPECIFICALLY
PROVIDED WRITTEN PERMISSION TO THE SCHOOL OR SCHOOL DISTRICT TO WITHHOLD
A MEAL, PROVIDED THAT SUCH STATEMENT SHALL ONLY REQUIRE THE SCHOOL OR
SCHOOL DISTRICT TO PROVIDE ACCESS TO REIMBURSABLE MEALS, NOT A LA CARTE
ITEMS, ADULT MEALS, OR OTHER SIMILAR ITEMS;
B. AN EXPLANATION OF HOW STAFF WILL BE TRAINED TO ENSURE THAT THE
PROCEDURES ARE CARRIED OUT CORRECTLY AND HOW THE AFFECTED PARENTS AND
GUARDIANS WILL BE PROVIDED WITH ASSISTANCE IN ESTABLISHING ELIGIBILITY
FOR FREE OR REDUCED-PRICE MEALS FOR THEIR CHILDREN;
C. A STATEMENT REQUIRING THE SCHOOL OR SCHOOL DISTRICT TO NOTIFY THE
STUDENT'S PARENT OR GUARDIAN THAT THE STUDENT'S MEAL CARD OR ACCOUNT
BALANCE IS EXHAUSTED AND UNPAID MEAL CHARGES ARE DUE. THE NOTIFICATION
STATEMENT MAY INCLUDE A REPAYMENT SCHEDULE, BUT THE SCHOOL OR SCHOOL
DISTRICT MAY NOT CHARGE ANY INTEREST OR FEES IN CONNECTION WITH ANY
MEALS CHARGED;
D. A COMMUNICATION PROCEDURE DESIGNED TO SUPPORT ELIGIBLE FAMILIES
ENROLLING IN THE NATIONAL FREE AND REDUCED PRICE MEAL PROGRAM. SUCH
COMMUNICATION PROCEDURES SHALL ALSO INCLUDE A PROCESS FOR DETERMINING
ELIGIBILITY WHEN A STUDENT OWES MONEY FOR FIVE OR MORE MEALS, WHEREIN
THE SCHOOL OR SCHOOL DISTRICT SHALL:
I. MAKE EVERY ATTEMPT TO DETERMINE IF A STUDENT IS DIRECTLY CERTIFIED
TO BE ELIGIBLE FOR FREE MEALS;
II. MAKE AT LEAST TWO ATTEMPTS, NOT INCLUDING THE APPLICATION OR
INSTRUCTIONS INCLUDED IN A SCHOOL ENROLLMENT PACKET, TO REACH THE
STUDENT'S PARENT OR GUARDIAN AND HAVE THE PARENT OR GUARDIAN FILL OUT A
MEAL APPLICATION; AND
III. REQUIRE A SCHOOL OR SCHOOL DISTRICT TO CONTACT THE PARENT OR
GUARDIAN TO OFFER ASSISTANCE WITH A MEAL APPLICATION, DETERMINE IF THERE
ARE OTHER ISSUES WITHIN THE HOUSEHOLD THAT HAVE CAUSED THE CHILD TO HAVE
INSUFFICIENT FUNDS TO PURCHASE A SCHOOL MEAL AND OFFER ANY OTHER ASSIST-
ANCE THAT IS APPROPRIATE;
E. A CLEAR EXPLANATION OF PROCEDURES DESIGNED TO DECREASE STUDENT
DISTRESS OR EMBARRASSMENT, PROVIDED THAT, NO SCHOOL SHALL:
I. PUBLICLY IDENTIFY OR STIGMATIZE A STUDENT WHO CANNOT PAY FOR A MEAL
OR WHO OWES A MEAL DEBT BY ANY MEANS INCLUDING, BUT NOT LIMITED TO,
REQUIRING THAT A STUDENT WEAR A WRISTBAND OR HAND STAMP;
II. REQUIRE A STUDENT WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL
DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS, PROVIDED THAT CHORES
OR WORK REQUIRED OF ALL STUDENTS REGARDLESS OF A MEAL DEBT IS PERMITTED;
III. REQUIRE THAT A STUDENT THROW AWAY A MEAL AFTER IT HAS BEEN SERVED
BECAUSE OF THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY
IS OWED FOR EARLIER MEALS;
IV. TAKE ANY ACTION DIRECTED AT A PUPIL TO COLLECT UNPAID SCHOOL MEAL
FEES. A SCHOOL OR SCHOOL DISTRICT MAY ATTEMPT TO COLLECT UNPAID SCHOOL
MEAL FEES FROM A PARENT OR GUARDIAN; OR
V. DISCUSS ANY OUTSTANDING MEAL DEBT IN THE PRESENCE OF OTHER
STUDENTS;
F. A CLEAR EXPLANATION OF THE PROCEDURE TO HANDLE UNPAID MEAL CHARGES,
PROVIDED THAT NOTHING IN THIS SECTION IS INTENDED TO ALLOW FOR THE
UNLIMITED ACCRUAL OF DEBT;
G. PROCEDURES TO ENROLL IN THE FREE AND REDUCED PRICE LUNCH PROGRAM,
PROVIDED THAT SUCH PROCEDURES SHALL INCLUDE THAT, AT THE BEGINNING OF
EACH SCHOOL YEAR, A SCHOOL OR SCHOOL DISTRICT SHALL PROVIDE:
S. 7506--A 72
I. A FREE, PRINTED MEAL APPLICATION IN EVERY SCHOOL ENROLLMENT PACKET,
OR IF THE SCHOOL OR SCHOOL DISTRICT CHOOSES TO USE AN ELECTRONIC MEAL
APPLICATION, PROVIDE IN SCHOOL ENROLLMENT PACKETS WITH AN EXPLANATION OF
THE ELECTRONIC MEAL APPLICATION PROCESS AND INSTRUCTIONS FOR HOW PARENTS
OR GUARDIANS MAY REQUEST A PAPER APPLICATION AT NO COST; AND
II. MEAL APPLICATIONS AND INSTRUCTIONS IN A LANGUAGE THAT PARENTS AND
GUARDIANS UNDERSTAND. IF A PARENT OR GUARDIAN CANNOT READ OR UNDERSTAND
A MEAL APPLICATION, THE SCHOOL OR SCHOOL DISTRICT SHALL OFFER ASSISTANCE
IN COMPLETING THE APPLICATION;
H. IF A SCHOOL OR SCHOOL DISTRICT BECOMES AWARE THAT A STUDENT WHO HAS
NOT SUBMITTED A MEAL APPLICATION IS ELIGIBLE FOR FREE OR REDUCED-FEE
MEALS, THE SCHOOL OR SCHOOL DISTRICT SHALL COMPLETE AND FILE AN APPLICA-
TION FOR THE STUDENT PURSUANT TO TITLE SEVEN, SECTION 245.6(D) OF THE
CODE OF FEDERAL REGULATIONS; AND
I. SCHOOL OR SCHOOL DISTRICT LIAISONS SHALL COORDINATE WITH THE NUTRI-
TION DEPARTMENT TO MAKE SURE HOMELESS, FOSTER, AND MIGRANT STUDENTS
RECEIVE FREE SCHOOL MEALS, IN ACCORDANCE WITH FEDERAL LAW.
§ 2. Section 4 of chapter 537 of the laws of 1976, relating to paid,
free and reduced price breakfast for eligible pupils in certain school
districts is renumbered section 6 and two new sections 4 and 5 are added
to read as follows:
§ 4. A. ALL PUBLIC ELEMENTARY OR SECONDARY SCHOOLS IN THIS STATE, NOT
INCLUDING A CHARTER SCHOOL AUTHORIZED BY ARTICLE 56 OF THE EDUCATION
LAW, WITH AT LEAST SEVENTY PERCENT OR MORE OF ITS STUDENTS ELIGIBLE FOR
FREE OR REDUCED-PRICE MEALS UNDER THE FEDERAL NATIONAL SCHOOL LUNCH
PROGRAM AS DETERMINED BY THE STATE EDUCATION DEPARTMENT BASED UPON DATA
SUBMITTED BY SCHOOLS THROUGH THE BASIC EDUCATIONAL DATA SYSTEM (BEDS)
FOR THE PRIOR SCHOOL YEAR, SHALL BE REQUIRED TO OFFER ALL STUDENTS A
SCHOOL BREAKFAST AFTER THE INSTRUCTIONAL DAY HAS BEGUN.
B. EACH PUBLIC SCHOOL MAY DETERMINE THE BREAKFAST SERVICE DELIVERY
MODEL THAT BEST SUITS ITS STUDENTS. SERVICE DELIVERY MODELS MAY INCLUDE,
BUT ARE NOT LIMITED TO, BREAKFAST IN THE CLASSROOM, GRAB AND GO BREAK-
FAST, AND BREAKFAST SERVED IN THE CAFETERIA. TIME SPENT BY STUDENTS
CONSUMING BREAKFAST MAY BE CONSIDERED INSTRUCTIONAL TIME WHEN STUDENTS
CONSUME BREAKFAST IN THE STUDENTS' CLASSROOMS AND INSTRUCTION IS BEING
PROVIDED WHILE STUDENTS ARE CONSUMING BREAKFAST. IN DETERMINING A
SERVICE DELIVERY MODEL, SCHOOLS SHALL CONSULT WITH TEACHERS, PARENTS,
STUDENTS AND MEMBERS OF THE COMMUNITY.
C. SCHOOLS SUBJECT TO THIS REQUIREMENT SHALL PROVIDE NOTICE TO
STUDENTS' PARENTS AND GUARDIANS THAT THE SCHOOL WILL BE OFFERING BREAK-
FAST TO ALL STUDENTS AFTER THE INSTRUCTIONAL DAY HAS BEGUN.
D. THE STATE EDUCATION DEPARTMENT SHALL:
I. ON OR BEFORE MAY 1, 2018, AND ON OR BEFORE MAY 1 OF EACH YEAR THER-
EAFTER PRECEDING EACH SCHOOL YEAR, PUBLISH ON ITS WEBSITE A LIST OF THE
PUBLIC SCHOOLS THAT MEET THE REQUIREMENTS FOR OPERATING SUCH PROGRAMS,
AND PROVIDE NOTIFICATION TO SUCH SCHOOLS;
II. DEVELOP AND DISTRIBUTE GUIDELINES FOR THE IMPLEMENTATION OF SUCH
PROGRAMS, WHICH SHALL BE IN THE COMPLIANCE WITH ALL APPLICABLE FEDERAL
AND STATE LAWS GOVERNING THE SCHOOL BREAKFAST PROGRAM;
III. PROVIDE TECHNICAL ASSISTANCE RELATING TO THE IMPLEMENTATION OF
SUCH PROGRAM; AND
IV. ANNUALLY PUBLISH BY DECEMBER 2019, AND EACH DECEMBER THEREAFTER,
ON ITS WEBSITE INFORMATION RELATING TO EACH SCHOOL SUBJECT TO THIS
REQUIREMENT, AS WELL AS ANY OTHER SCHOOLS OPERATING SUCH PROGRAM WHICH
ARE NOT SUBJECT TO THIS REQUIREMENT, IN THE PRIOR SCHOOL YEAR. SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO: THE SCHOOL NAME,
S. 7506--A 73
SERVICE DELIVERY MODELS IMPLEMENTED, STUDENT ENROLLMENT, THE FREE AND
REDUCED-PRICE LUNCH PERCENTAGE, THE AVERAGE DAILY BREAKFAST PARTIC-
IPATION RATE, THE TOTAL NUMBER OF BREAKFAST MEALS SERVED DURING THE
SCHOOL YEAR, THE TOTAL COST OF THE BREAKFAST PROGRAM DURING THE SCHOOL
YEAR, THE TOTAL FEDERAL REIMBURSEMENT FOR BREAKFAST MEALS DURING THE
SCHOOL YEAR, AND THE TOTAL STATE REIMBURSEMENT FOR BREAKFAST MEALS
DURING THE SCHOOL YEAR.
§ 5. A. NOTWITHSTANDING ANY MONETARY LIMITATIONS WITH RESPECT TO
SCHOOL LUNCH PROGRAMS CONTAINED IN ANY LAW OR REGULATION, FOR SCHOOL
LUNCH MEALS SERVED IN THE SCHOOL YEAR COMMENCING JULY 1, 2019 AND EACH
JULY 1 THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ELIGIBLE FOR A LUNCH
MEAL STATE SUBSIDY OF TWENTY-FIVE CENTS, WHICH SHALL INCLUDE ANY ANNUAL
STATE SUBSIDY RECEIVED BY SUCH SCHOOL FOOD AUTHORITY UNDER ANY OTHER
PROVISION OF STATE LAW, FOR ANY SCHOOL LUNCH MEAL SERVED BY SUCH SCHOOL
FOOD AUTHORITY; PROVIDED THAT THE SCHOOL FOOD AUTHORITY CERTIFIES TO THE
STATE EDUCATION DEPARTMENT THROUGH THE APPLICATION SUBMITTED PURSUANT TO
SUBDIVISION B OF THIS SECTION THAT SUCH FOOD AUTHORITY HAS PURCHASED AT
LEAST TWENTY-FIVE PERCENT OF ITS TOTAL COST OF LUNCH PRODUCTS FOR ITS
SCHOOL FOOD SERVICE PROGRAM FROM NEW YORK STATE FARMERS, GROWERS,
PRODUCERS OR PROCESSORS IN THE PRECEDING SCHOOL YEAR.
B. THE STATE EDUCATION DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT
OF AGRICULTURE AND MARKETS, SHALL DEVELOP AN APPLICATION FOR SCHOOL FOOD
AUTHORITIES TO SEEK AN ADDITIONAL STATE SUBSIDY PURSUANT TO THIS SECTION
IN A TIMELINE AND FORMAT PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
SUCH APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, DOCUMENTATION
DEMONSTRATING THE SCHOOL FOOD AUTHORITY'S TOTAL LUNCH PURCHASES FOR ITS
SCHOOL FOOD SERVICE PROGRAMS AND DOCUMENTATION DEMONSTRATING ITS TOTAL
LUNCH PURCHASES AND PERCENTAGES FOR SUCH PROGRAMS FROM NEW YORK STATE
FARMERS, GROWERS, PRODUCERS OR PROCESSORS IN THE PRECEDING SCHOOL YEAR.
THE APPLICATION SHALL ALSO INCLUDE AN ATTESTATION FROM THE SCHOOL FOOD
AUTHORITY'S CHIEF OPERATING OFFICER THAT IT PURCHASED AT LEAST TWENTY-
FIVE PERCENT OF ITS TOTAL COST OF LUNCH PRODUCTS FOR ITS SCHOOL FOOD
SERVICE PROGRAM FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR
PROCESSORS IN THE PRECEDING SCHOOL YEAR IN ORDER TO MEET THE REQUIRE-
MENTS FOR THIS ADDITIONAL STATE SUBSIDY. SCHOOL FOOD AUTHORITIES SHALL
BE REQUIRED TO ANNUALLY APPLY FOR THIS SUBSIDY.
C. THE STATE EDUCATION DEPARTMENT SHALL ANNUALLY PUBLISH INFORMATION
ON ITS WEBSITE COMMENCING ON SEPTEMBER 1, 2019 AND EACH SEPTEMBER 1
THEREAFTER, RELATING TO EACH SCHOOL FOOD AUTHORITY THAT APPLIED FOR AND
RECEIVED THIS ADDITIONAL STATE SUBSIDY, INCLUDING BUT NOT LIMITED TO:
THE SCHOOL FOOD AUTHORITY NAME, STUDENT ENROLLMENT, AVERAGE DAILY LUNCH
PARTICIPATION, TOTAL LUNCH COSTS FOR ITS SCHOOL FOOD SERVICE PROGRAMS,
TOTAL COST OF LUNCH PRODUCTS FOR ITS SCHOOL FOOD SERVICE PROGRAMS
PURCHASED FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS,
AND THE PERCENT OF TOTAL LUNCH COSTS THAT WERE PURCHASED FROM NEW YORK
STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS.
§ 2-a. Subparagraph 3 of paragraph b of subdivision 6-f of section
3602 of the education law, as added by section 19 of part H of chapter
83 of the laws of 2002, is amended to read as follows:
(3) IS TO IMPLEMENT THE BREAKFAST AFTER THE BELL SCHOOL BREAKFAST
PROGRAM, FOR ELIGIBLE SCHOOL DISTRICTS BEGINNING IN THE TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, PURSUANT TO SECTION FOUR OF
CHAPTER FIVE HUNDRED THIRTY-SEVEN OF THE LAWS OF NINETEEN HUNDRED SEVEN-
TY-SIX FOR EQUIPMENT PURCHASES, PROVIDED, HOWEVER, THAT SUCH EXPENSES
SHALL BE LIMITED TO NO MORE THAN FIVE THOUSAND DOLLARS PER SCHOOL.
ELIGIBLE EQUIPMENT PURCHASES SHALL INCLUDE, BUT NOT BE LIMITED TO,
S. 7506--A 74
EQUIPMENT USED FOR THE STORAGE, PRESERVATION, OR DISTRIBUTION OF FOOD;
AND/OR
(4) if bonded pursuant to paragraph j of subdivision six of this
section, would cause a city school district in a city having a popu-
lation of less than one hundred twenty-five thousand inhabitants to
exceed ninety-five percent of its constitutional debt limit provided,
however, that any debt issued pursuant to paragraph c of section 104.00
of the local finance law shall not be included in such calculation.
§ 3. This act shall take effect immediately; provided, however, that
subdivision a of section 4 of chapter 537 of the laws of 1976, as added
by section two of this act, shall take effect September 1, 2018.
PART C
Section 1. Section 1604 of the education law is amended by adding a
new subdivision 43 to read as follows:
43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ-
ING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED
EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY
ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION,
ADMINISTRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH
CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU-
ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW,
PROVIDED THAT THE LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR ANY
OTHER COSTS ASSOCIATED WITH SUCH CAMERAS OTHER THAN PURCHASES SHALL NOT
BE CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED
TWENTY-THREE-A OF THIS CHAPTER. THE COMMISSIONER SHALL ANNUALLY
PRESCRIBE A SPECIAL COST ALLOWANCE FOR SUCH SCHOOL BUS CAMERAS, AND THE
APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
§ 2. Section 1709 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING
THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH-
TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO
ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS-
TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS,
AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
THAT THE LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR ANY OTHER
COSTS ASSOCIATED WITH SUCH CAMERAS OTHER THAN PURCHASES SHALL NOT BE
CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED
TWENTY-THREE-A OF THIS CHAPTER. THE COMMISSIONER SHALL ANNUALLY
PRESCRIBE A SPECIAL COST ALLOWANCE FOR SUCH SCHOOL BUS CAMERAS, AND THE
APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
§ 2-a. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended to read
as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
S. 7506--A 75
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, [and] (ix) THE PURCHASE OF SCHOOL
BUS CAMERAS, AND (X) the purchase of other equipment as prescribed in
the regulations of the commissioner; and
§ 3. The vehicle and traffic law is amended by adding a new section
1118 to read as follows:
§ 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A
SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH
BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED
AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS
SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD
OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR
THAT HAS CONTRACTED WITH SUCH SCHOOL DISTRICT TO INSTALL SCHOOL BUS
SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR CONTRACTED WITH SUCH
DISTRICT.
2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE
CONTENTS OF A VEHICLE, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A
REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED
OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN
VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM
A SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION
OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITORING
DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT
AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT OVER-
TAKE OR PASS SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
(D) NO SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT
HAS INSTALLED CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES
FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE
APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING
AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES FROM SUCH
CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN
WHICH THE VIOLATION OCCURRED FOR THE PURPOSE OF IMPOSING MONETARY
LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR
PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE. AFTER RECEIPT OF SUCH IMAGES A
POLICE OFFICER SHALL INSPECT SUCH VIDEOTAPE AND IMAGES TO DETERMINE
WHETHER A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN-
S. 7506--A 76
TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A CERTIFICATE,
SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
(E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION OF
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE
SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS.
(E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY SUBDIVISION (E) OF
THIS SECTION SHALL BE PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN
SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING INTO A MEMORANDUM OF
UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF
SUCH PENALTY RECEIVED TO THE LOCAL LAW ENFORCEMENT AGENCY, PROVIDED
HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW ENFORCE-
MENT AGENCY EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT.
(E-2) IN THE EVENT AN OWNER IS CHARGED PURSUANT TO THIS SECTION WITH A
VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS TITLE WHERE A SWORN CERTIFICATE HAS BEEN ISSUED PURSUANT TO SUBDI-
VISION (D) OF THIS SECTION WHERE SUCH OWNER ELECTS TO PLEAD GUILTY TO A
LESSER CHARGE, THE PAYMENT OF THE MONETARY PENALTY IMPOSED BY SUBDIVI-
SION (E) OF THIS SECTION SHALL NOT BE REDUCED AND SHALL BE PAYABLE TO
THE SCHOOL DISTRICT.
(F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED
A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE
COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY THE RESPECTIVE LAW
ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE
LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION. PERSONAL
DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC
RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO
THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC-
TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION WHERE
THE VIOLATION OCCURRED.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
S. 7506--A 77
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL
TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR
FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU-
NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT
THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME
THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR
PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL
BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU,
COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
(J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT
TO THIS SECTION IS BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS
BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A
VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI-
SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE,
PROVIDED THAT HE OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC
VIOLATIONS BUREAU, OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION.
WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE
LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS
SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE
BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI-
SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS
OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH
OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
S. 7506--A 78
(M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA
PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH SCHOOL
DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS
SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
1. A DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS
SAFETY CAMERAS WERE USED;
2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE
DISTRICT;
3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN
THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS;
4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM
SUCH ADJUDICATIONS;
8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE
PROGRAM; AND
9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT
SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
§ 4. Subdivision (c) of section 1174 of the vehicle and traffic law,
as amended by chapter 254 of the laws of 2002, is amended to read as
follows:
(c) Every person convicted of a violation of subdivision (a) of this
section shall: for a first conviction thereof, be punished by a fine of
not less than [two hundred fifty] FIVE HUNDRED dollars nor more than
[four] SEVEN hundred FIFTY dollars or by imprisonment for not more than
thirty days or by both such fine and imprisonment; for a conviction of a
second violation, both of which were committed within a period of three
years, such person shall be punished by a fine of not less than [six
hundred] ONE THOUSAND dollars nor more than [seven] ONE THOUSAND TWO
hundred fifty dollars or by imprisonment for not more than one hundred
eighty days or by both such fine and imprisonment; upon a conviction of
a third or subsequent violation, all of which were committed within a
period of three years, such person shall be punished by a fine of not
less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED FIFTY dollars
nor more than one thousand FIVE HUNDRED dollars or by imprisonment for
not more than one hundred eighty days or by both such fine and imprison-
ment.
§ 5. This act shall take effect immediately.
PART D
Section 1. Subdivision 4 of section 1950 of the education law is
amended by adding a new paragraph oo to read as follows:
S. 7506--A 79
OO. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES IS AUTHORIZED TO ENTER INTO A MEMORANDUM OF UNDER-
STANDING WITH THE TRUSTEES OR BOARD OF EDUCATION OF A NON-COMPONENT
SCHOOL DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES WITH ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, TO PARTICIPATE IN A
RECOVERY HIGH SCHOOL PROGRAM OPERATED BY THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS
SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES MAY MUTUALLY AGREE, PROVIDED THAT SUCH AGREEMENT MAY
PROVIDE FOR A CHARGE FOR ADMINISTRATION OF THE RECOVERY HIGH SCHOOL
PROGRAM INCLUDING CAPITAL COSTS, BUT PARTICIPATING NON-COMPONENT SCHOOL
DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS
DEFINED IN PARAGRAPH B OF THIS SUBDIVISION. COSTS ALLOCATED TO A PARTIC-
IPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A MEMORANDUM OF UNDER-
STANDING SHALL BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPO-
NENT SCHOOL DISTRICT.
§ 2. This act shall take effect immediately.
PART E
Intentionally Omitted
PART F
Section 1. Section 7408 of the education law is amended by adding a
new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW SHALL BE DEEMED ELIGIBLE TO REGISTER PURSUANT TO
THIS SECTION.
§ 2. Section 1503 of the business corporation law is amended by adding
a new paragraph (h) to read as follows:
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC
ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM
INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH
NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION
SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF
S. 7506--A 80
THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF
THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO-
RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE
WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED
BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
§ 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION,
THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER
SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN
VIOLATION OF THIS SECTION SHALL BE VOID.
§ 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.
§ 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification of shareholders, directors, officers and
employees.
If any shareholder, director, officer or employee of a professional
service corporation, including a design professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT-
ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
S. 7506--A 81
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering
professional service to the public becomes legally disqualified to prac-
tice his profession within this state, he shall sever all employment
with, and financial interests (other than interests as a creditor) in,
such corporation forthwith or as otherwise provided in section 1510 of
this article. All provisions of law regulating the rendering of profes-
sional services by a person elected or appointed to a public office
shall be applicable to a shareholder, director, officer and employee of
such corporation in the same manner and to the same extent as if fully
set forth herein. Such legal disqualification to practice his profession
within this state shall be deemed to constitute an irrevocable offer by
the disqualified shareholder to sell his shares to the corporation,
pursuant to the provisions of section 1510 of this article or of the
certificate of incorporation, by-laws or agreement among the corporation
and all shareholders, whichever is applicable. Compliance with the terms
of such offer shall be specifically enforceable in the courts of this
state. A professional service corporation's failure to enforce compli-
ance with this provision shall constitute a ground for forfeiture of its
certificate of incorporation and its dissolution.
§ 6. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
(a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, OR ANY FIRM ESTABLISHED
FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE
CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
OF THIS ARTICLE, may sell or transfer his shares in such corporation
except to another individual who is eligible to have shares issued to
him by such corporation or except in trust to another individual who
would be eligible to receive shares if he were employed by the corpo-
ration. Nothing herein contained shall be construed to prohibit the
transfer of shares by operation of law or by court decree. No transfer-
ee of shares by operation of law or court decree may vote the shares for
any purpose whatsoever except with respect to corporate action under
sections 909 and 1001 of this chapter. The restriction in the preceding
sentence shall not apply, however, where such transferee would be eligi-
ble to have shares issued to him if he were an employee of the corpo-
ration and, if there are other shareholders, a majority of such other
shareholders shall fail to redeem the shares so transferred, pursuant to
section 1510 of this article, within sixty days of receiving written
notice of such transfer. Any sale or transfer, except by operation of
law or court decree or except for a corporation having only one share-
holder, may be made only after the same shall have been approved by the
board of directors, or at a shareholders' meeting specially called for
such purpose by such proportion, not less than a majority, of the
outstanding shares as may be provided in the certificate of incorpo-
ration or in the by-laws of such professional service corporation. At
such shareholders' meeting the shares held by the shareholder proposing
to sell or transfer his shares may not be voted or counted for any
purpose, unless all shareholders consent that such shares be voted or
counted. The certificate of incorporation or the by-laws of the profes-
sional service corporation, or the professional service corporation and
the shareholders by private agreement, may provide, in lieu of or in
addition to the foregoing provisions, for the alienation of shares and
may require the redemption or purchase of such shares by such corpo-
ration at prices and in a manner specifically set forth therein. The
S. 7506--A 82
existence of the restrictions on the sale or transfer of shares, as
contained in this article and, if applicable, in the certificate of
incorporation, by-laws, stock purchase or stock redemption agreement,
shall be noted conspicuously on the face or back of every certificate
for shares issued by a professional service corporation. Any sale or
transfer in violation of such restrictions shall be void.
(C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
§ 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended to read as
follows:
(a) Notwithstanding any other provision of law, the name of a profes-
sional service corporation, including a design professional service
corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word
which, at the time of incorporation, could be used in the name of a
partnership practicing a profession which the corporation is authorized
to practice, and may not contain any word which could not be used by
such a partnership. Provided, however, the name of a professional
service corporation may not contain the name of a deceased person unless
(1) such person's name was part of the corporate name at the time of
such person's death; or
(2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
§ 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
S. 7506--A 83
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
§ 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
(d) "Foreign professional service corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which are authorized and licensed to
practice the profession for which such corporation is licensed to do
business; except that all shareholders, directors and officers of a
foreign professional service corporation which provides health services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR
EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR-
ITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED
UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH
FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH-
STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT
HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI-
FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES,
PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY
THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF
THE FIRM.
§ 10. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
S. 7506--A 84
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state. Each partner of a registered limited
liability partnership formed to provide licensed clinical social work
services in this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited liability partnership formed to provide
creative arts therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited liability partnership
formed to provide marriage and family therapy services in this state
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-
LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 11. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
S. 7506--A 85
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. EACH PARTNER OF A FOREIGN
REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. Each partner of a foreign
limited liability partnership which provides creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior analy-
sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A
FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN-
CIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENCE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH
S. 7506--A 86
NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION
SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT
NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 12. Subdivision (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(h) "Limited partnership" and "domestic limited partnership" mean,
unless the context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 13. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
S. 7506--A 87
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
S. 7506--A 88
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 14. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
S. 7506--A 89
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
S. 7506--A 90
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW, ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 15. This act shall take effect immediately.
PART G
Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of
subdivision 8 of section 404 of the social services law are REPEALED.
§ 2. Section 11 of subpart A of part G of chapter 57 of the laws of
2012, amending the social services law and the family court act relating
to establishing a juvenile justice services close to home initiative, is
amended to read as follows:
§ 11. This act shall take effect April 1, 2012 and shall expire on
March 31, [2018] 2023 when upon such date the provisions of this act
shall be deemed repealed; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary 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; provided, however, upon the repeal of this act, a social
services district that has custody of a juvenile delinquent pursuant to
an approved juvenile justice services close to home initiative shall
retain custody of such juvenile delinquent until custody may be legally
transferred in an orderly fashion to the office of children and family
services.
§ 3. Section 7 of subpart B of part G of chapter 57 of the laws of
2012, amending the social services law, the family court act and the
executive law relating to juvenile delinquents, is amended to read as
follows:
§ 7. This act shall take effect April 1, 2012 and shall expire on
March 31, [2018] 2023 when upon such date the provisions of this act
shall be deemed repealed; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before such effective
date.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on March 31, 2018.
PART H
S. 7506--A 91
Intentionally Omitted
PART I
Section 1. Section 9 of part G of chapter 57 of the laws of 2013,
amending the executive law and the social services law relating to
consolidating the youth development and delinquency prevention program
and the special delinquency prevention program, is amended to read as
follows:
§ 9. This act shall take effect January 1, 2014 and shall expire and
be deemed repealed on December 31, [2018] 2021.
§ 2. This act shall take effect immediately.
PART J
Section 1. Section 4 of part K of chapter 57 of the laws of 2012,
amending the education law, relating to authorizing the board of cooper-
ative educational services to enter into contracts with the commissioner
of children and family services to provide certain services, as amended
by section 5 of part J of chapter 56 of the laws of 2015, is amended to
read as follows:
§ 4. This act shall take effect July 1, 2012 and shall expire June 30,
[2018] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART K
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE STATE OF NEW YORK.
§ 2. This act shall take effect immediately.
PART L
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part P of chapter 56 of the laws of 2017, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$141.00] $144.00 for each month beginning on or after
January first, two thousand [seventeen] EIGHTEEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$163.00] $166.00 for each month beginning on
or after January first, two thousand [seventeen] EIGHTEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$194.00] $198.00 for each month
beginning on or after January first, two thousand [seventeen] EIGHTEEN.
(d) for the period commencing January first, two thousand [eighteen]
NINETEEN, 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
S. 7506--A 92
(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 [eighteen] NINETEEN, but prior to June thirtieth, two thousand
[eighteen] NINETEEN, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
P of chapter 56 of the laws of 2017, are amended to read as follows:
(a) On and after January first, two thousand [seventeen] EIGHTEEN, for
an eligible individual living alone, [$822.00] $837.00; and for an
eligible couple living alone, [$1,207.00] $1,229.00.
(b) On and after January first, two thousand [seventeen] EIGHTEEN, for
an eligible individual living with others with or without in-kind
income, [$758.00] $773.00; and for an eligible couple living with others
with or without in-kind income, [$1,149.00] $1,171.00.
(c) On and after January first, two thousand [seventeen] EIGHTEEN, (i)
for an eligible individual receiving family care, [$1,001.48] $1,016.48
if he or she is receiving such care in the city of New York or the coun-
ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, [$963.48]
$978.48; 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.
(d) On and after January first, two thousand [seventeen] EIGHTEEN, (i)
for an eligible individual receiving residential care, [$1,170.00]
$1,185.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1,140.00] $1,155.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) (i) [On and after] (1) FROM January first, two thousand seventeen
TO MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN, for an eligible individual
receiving enhanced residential care, $1,429.00; and [(ii)] (2) for an
eligible couple receiving enhanced residential care, two times the
amount set forth in [subparagraph (i)] CLAUSE ONE of this [paragraph]
SUBPARAGRAPH.
(II) (1) FROM APRIL FIRST, TWO THOUSAND EIGHTEEN TO MARCH THIRTY-
FIRST, TWO THOUSAND NINETEEN, FOR AN ELIGIBLE INDIVIDUAL RECEIVING
ENHANCED RESIDENTIAL CARE, $1,549.00; AND (2) FOR AN ELIGIBLE COUPLE
RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN
CLAUSE ONE OF THIS SUBPARAGRAPH.
(III) (1) FROM APRIL FIRST, TWO THOUSAND NINETEEN TO MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY, FOR AN ELIGIBLE INDIVIDUAL RECEIVING
ENHANCED RESIDENTIAL CARE, $1,669.00; AND (2) FOR AN ELIGIBLE COUPLE
RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN
CLAUSE ONE OF THIS SUBPARAGRAPH.
(IV) (1) FROM APRIL FIRST, TWO THOUSAND TWENTY TO MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-ONE, FOR AN ELIGIBLE INDIVIDUAL RECEIVING ENHANCED
RESIDENTIAL CARE, $1,789.00; AND (2) FOR AN ELIGIBLE COUPLE RECEIVING
S. 7506--A 93
ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE ONE
OF THIS SUBPARAGRAPH.
(V) (1) FROM APRIL FIRST, TWO THOUSAND TWENTY-ONE TO MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-TWO, FOR AN ELIGIBLE INDIVIDUAL RECEIVING
ENHANCED RESIDENTIAL CARE, $1,909.00; AND (2) FOR AN ELIGIBLE COUPLE
RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN
CLAUSE ONE OF THIS SUBPARAGRAPH.
(VI) (1) FROM APRIL FIRST, TWO THOUSAND TWENTY-TWO AND THEREAFTER, FOR
AN ELIGIBLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE, $2,029.00;
AND (2) FOR AN ELIGIBLE COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO
TIMES THE AMOUNT SET FORTH IN CLAUSE ONE OF THIS SUBPARAGRAPH.
(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 [eighteen] NINETEEN
but prior to June thirtieth, two thousand [eighteen] NINETEEN.
§ 3. This act shall take effect December 31, 2018; provided, however,
that the amendments to paragraph (e) of subdivision 2 of section 209 of
the social services law made by section two of this act shall take
effect April 1, 2018.
PART M
Intentionally Omitted
PART N
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the rural rental
assistance program pursuant to article 17-a of the private housing
finance law, a sum not to exceed $23,649,000 for the fiscal year ending
March 31, 2019. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$23,649,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2017-2018 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, 2018.
§ 2. 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 $14,550,000 for the fiscal year ending
March 31, 2019. Within this amount, $250,000 shall be used for the
purpose of entering into a contract with the neighborhood preservation
S. 7506--A 94
coalition to provide technical assistance and service to companies fund-
ed pursuant to article 16 of the private housing finance law. 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 reimbursing any
costs associated with neighborhood preservation program contracts
authorized by this section, a total sum not to exceed $14,550,000, 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 2017-2018 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 June 30, 2018.
§ 3. 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 $6,250,000 for the fiscal year ending March
31, 2019. Within this amount, $250,000 shall be used for the purpose of
entering into a contract with the rural preservation coalition to
provide technical assistance and service to companies funded pursuant to
article 17 of the private housing finance law. Notwithstanding any
other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any costs associated
with rural preservation program contracts authorized by this section, a
total sum not to exceed $6,250,000, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2017-2018 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, 2018.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed $6,522,000 for the fiscal year
ending March 31, 2019. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
S. 7506--A 95
the programs. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the homeless housing and assistance corporation, a total sum
not to exceed $6,522,000, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
actual excess balance in the special account of the mortgage insurance
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2017-2018 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, 2019.
§ 5. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for the purposes of the access to home
program pursuant to article 25 of the private housing finance law, a sum
not to exceed $4,000,000 for the fiscal year ending March 31, 2019.
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 access to home contracts authorized by this
section, a total sum not to exceed $4,000,000, such transfer to be made
from (i) the special account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law, in an amount
not to exceed the actual excess balance in the special account of the
mortgage insurance fund, as determined and certified by the state of New
York mortgage agency for the fiscal year 2017-18 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 purpose of such account, the project pool insurance
amount of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than June 30, 2018.
§ 6. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for the purposes of the residential emer-
gency services to offer (Home) repairs to the elderly (RESTORE) program,
a sum not to exceed $3,600,000 for the fiscal year ending March 31,
2019. 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 residential emergency services to
offer (Home) repairs to the elderly (RESTORE) program contracts author-
ized by this section, a total sum not to exceed $3,600,000, such trans-
fer 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
S. 7506--A 96
the state of New York mortgage agency for the fiscal year 2017-18 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 purpose of such account, the project
pool insurance amount of the mortgage insurance fund, such transfer to
be made as soon as practicable but no later than June 30, 2018.
§ 7. This act shall take effect immediately.
PART O
Section 1. This Part enacts into law components of legislation relat-
ing to the prevention, response and recovery of flooding on Lake Ontario
and the St. Lawrence River. Each component is wholly contained within a
Subpart identified as Subparts A through E. The effective date for each
particular provision contained within such Subpart as set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this Part sets forth the general effective date of this Part.
SUBPART A
Section 1. Paragraph (c) of subdivision 2 of section 1 of part A of
chapter 85 of the laws of 2017, relating to creating the Lake Ontario-
St. Lawrence Seaway flood recovery and International Joint Commission
Plan 2014 mitigation grant program, as amended by section 2 of part J of
chapter 61 of the laws of 2017, is amended to read as follows:
(c) The New York state urban development corporation shall administer
this grant program, which shall not exceed in the aggregate $15,000,000
PLUS ANY FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 3
AND 4 OF THIS SECTION. Such corporation and other relevant state agen-
cies and state authorities are hereby empowered to establish grant
guidelines and additional eligibility criteria as deemed necessary to
effectuate the administration of this program. Any grant guidelines and
eligibility criteria established by the corporation pursuant to this
subdivision shall be equivalent to, and shall not be more restrictive
than, those established by the New York State Urban Development Corpo-
ration, doing business as the Empire State Development Corporation, in
the grant programs it administered pursuant to part H of chapter 56 of
the laws of 2011. In providing assistance pursuant to this subdivision,
the New York state urban development corporation shall give preference
to applicants that demonstrate the greatest need, based on available
flood damage data provided by applicable state and/or federal agencies.
§ 2. Paragraph (c) of subdivision 3 of section 1 of part A of chapter
85 of the laws of 2017, relating to creating the Lake Ontario-St.
Lawrence Seaway flood recovery and International Joint Commission Plan
2014 mitigation grant program, as amended by section 2 of part J of
chapter 61 of the laws of 2017, is amended to read as follows:
(c) The affordable housing corporation shall administer this grant
program, which shall not exceed in the aggregate [$15,000,000]
$90,000,000 PLUS ANY FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN
S. 7506--A 97
SUBDIVISIONS 2 AND 4 OF THIS SECTION. Such corporation and other rele-
vant state agency or state authorities are hereby empowered to establish
grant guidelines and additional eligibility criteria as deemed necessary
to effectuate the administration of this program. Any grant guidelines
and eligibility criteria established by the corporation pursuant to this
subdivision shall be equivalent to, and shall not be more restrictive
than, those established by the New York State Urban Development Corpo-
ration, doing business as the Empire State Development Corporation, in
the grant programs it administered pursuant to part H of chapter 56 of
the laws of 2011. In providing assistance pursuant to this subdivision,
the affordable housing corporation shall give preference to applicants
that demonstrate the greatest need, based on available flood damage data
provided by applicable state and/or federal agencies.
§ 3. Paragraph (c) of subdivision 4 of section 1 of part A of chapter
85 of the laws of 2017, relating to creating the Lake Ontario-St.
Lawrence Seaway flood recovery and International Joint Commission Plan
2014 mitigation grant program, as amended by section 2 of part J of
chapter 61 of the laws of 2017, is amended to read as follows:
(c) The housing trust fund corporation shall administer this grant
program, which shall not exceed in the aggregate $15,000,000 PLUS ANY
FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 2 AND 3 OF
THIS SECTION. Such corporation, and other relevant state agencies or
state authorities, is hereby empowered to establish grant guidelines and
additional eligibility criteria, based on available flood damage data
provided by applicable state and/or federal agencies, as it deems neces-
sary to effectuate the administration of this program. Any grant guide-
lines and eligibility criteria established by the corporation pursuant
to this subdivision shall be equivalent to, and shall not be more
restrictive than, those established by the New York State Urban Develop-
ment Corporation, doing business as the Empire State Development Corpo-
ration, in the grant programs it administered pursuant to part H of
chapter 56 of the laws of 2011. In providing assistance pursuant to
this subdivision, the corporation shall give preference to applicants
that demonstrate the greatest need, based on available flood damage data
provided by applicable state and/or federal agencies.
§ 4. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph (b) of subdivision 3 of section 1 of part A of
chapter 85 of the laws of 2017, relating to creating the Lake Ontario-
St. Lawrence Seaway flood recovery and International Joint Commission
Plan 2014 mitigation grant program, as amended by section 2 of part J of
chapter 61 of the laws of 2017, is amended to read as follows:
(b) Such grant shall be in an amount of no more than $50,000 and shall
be used for flood-related repairs and restoration to structures, DOCKS,
equipment, and for other flood-related costs, all of which were not
covered by any other federal, state or local recovery program or any
third-party payors.
§ 2. This act shall take effect immediately.
SUBPART C
Section 1. Section 6 of the military law is amended by adding a new
subdivision 3 to read as follows:
S. 7506--A 98
3. UPON THE REQUEST OF THE SHERIFF OF AN IMPACTED COUNTY, OR UPON THE
REQUEST OF ANY COUNTY LEGISLATURE OR COUNTY BOARD OF SUPERVISORS IN ANY
IMPACTED COUNTY, OR UPON THE REQUEST OF A MAYOR OF ANY CITY OR VILLAGE
IN ANY IMPACTED COUNTY, OR UPON THE REQUEST OF A SUPERVISOR OF ANY TOWN
IN ANY IMPACTED COUNTY, THE GOVERNOR MAY ORDER INTO THE ACTIVE SERVICE
OF THE STATE, FOR SUCH PERIOD, TO SUCH EXTENT AND IN SUCH MANNER AS HE
MAY DEEM NECESSARY, ALL OR ANY PART OF THE ORGANIZED MILITIA, IN ACCORD-
ANCE WITH THE PROVISIONS AND PURPOSES OF THE LAKE ONTARIO-ST. LAWRENCE
RIVER FLOOD PREVENTION, RESPONSE AND RECOVERY PROGRAM AS SET FORTH IN
ARTICLE FIVE OF THIS CHAPTER. THE COMPENSATION OF ALL OFFICERS AND
ENLISTED MEN, WHILE ON DUTY OR ASSEMBLED PURSUANT TO THIS SUBDIVISION,
AND ALL EXPENSES INCURRED IN CONNECTION WITH SUCH DUTY OR AS A RESULT
THEREOF SHALL BE PAID IN THE MANNER PRESCRIBED BY SECTION TWO HUNDRED
TWELVE-A OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, THE TERM
"IMPACTED COUNTY" SHALL MEAN NIAGARA COUNTY, ORLEANS COUNTY, MONROE
COUNTY, WAYNE COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY,
JEFFERSON COUNTY, ST. LAWRENCE COUNTY, AND/OR FRANKLIN COUNTY, IF AND
WHEN SUCH COUNTY OR COUNTIES HAVE SUSTAINED AN IMPACT DUE TO FLOODING
CAUSED AT LEAST IN PART BY THE RISING LEVELS OF LAKE ONTARIO OR THE ST.
LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS.
§ 2. The military law is amended by adding a new article 5 to read as
follows:
ARTICLE V
LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE
AND RECOVERY PROGRAM
SECTION 100. LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE
AND RECOVERY PROGRAM
§ 100. LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE AND
RECOVERY PROGRAM. THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION, UNDER
THE COMMAND, CONTROL AND DIRECTION OF THE ADJUTANT GENERAL, A LAKE
ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE AND RECOVERY
PROGRAM. IT SHALL BE THE PURPOSE OF THIS PROGRAM TO PROVIDE FLOOD
PREVENTION, RESPONSE AND RECOVERY SERVICES TO THE PERSONS, HOMEOWNERS,
BUSINESS OWNERS, EMPLOYEES AND LOCALITIES OF AN IMPACTED COUNTY, IN THE
EVENT OF FLOODING CAUSED AT LEAST IN PART BY THE RISING LEVELS OR LAKE
ONTARIO OR THE ST. LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS. FOR
PURPOSES OF THIS SECTION, THE TERM "IMPACTED COUNTY" SHALL MEAN NIAGARA
COUNTY, ORLEANS COUNTY, MONROE COUNTY, WAYNE COUNTY, CAYUGA COUNTY,
ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY, ST. LAWRENCE COUNTY,
AND/OR FRANKLIN COUNTY, IF AND WHEN SUCH COUNTY OR COUNTIES HAVE
SUSTAINED AN IMPACT DUE TO FLOODING CAUSED AT LEAST IN PART BY THE
RISING LEVELS OF LAKE ONTARIO OR THE ST. LAWRENCE RIVER, OR THEIR
ADJOINING WATERWAYS.
1. IN ACCORDANCE WITH A CALL BY THE GOVERNOR PURSUANT TO SUBDIVISION
THREE OF SECTION SIX OF THIS CHAPTER, THE ADJUTANT GENERAL SHALL RESPOND
TO A REQUEST FOR, AND SHALL PROVIDE, FLOOD PREVENTION, RESPONSE AND
RECOVERY SERVICES IN ANY IMPACTED COUNTY. SUCH SERVICES SHALL INCLUDE:
A. PREVENTION SERVICES. THE ADJUTANT GENERAL SHALL DIRECT THE PERFORM-
ANCE OF ANY SERVICES THAT WOULD ASSIST IN THE PREVENTION OR MITIGATION
OF THE IMPACT OF FLOODING CAUSED AT LEAST IN PART BY THE RISING LEVELS
OF LAKE ONTARIO OR THE ST. LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS.
SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) PROVIDING PERSONNEL, MATERIAL AND LOGISTICAL SUPPORT IN DEPLOYING
MEASURES TO PREVENT OR MITIGATE ANY EFFECTS OF FLOODING, INCLUDING BUT
NOT LIMITED TO, THE PROCUREMENT, FILING AND PLACEMENT OF SAND BAGS;
PROCUREMENT AND DEPLOYMENT OF FLOOD BOOMS; AND THE CONSTRUCTION AND
S. 7506--A 99
PLACEMENT OF LEVIES, SEAWALLS, FLOOD BARRIERS, WATER DIVERSION CHANNELS,
OR OTHER EMERGENCY OR PERMANENT FLOOD ARRESTING, CONTROLLING OR
PROTECTION MEASURES;
(II) THE DEVELOPMENT, IN CONSULTATION WITH THE STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, AND ALL THE LOCAL
GOVERNMENTS OF NIAGARA COUNTY, ORLEANS COUNTY, MONROE COUNTY, WAYNE
COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY,
ST. LAWRENCE COUNTY, AND FRANKLIN COUNTY, OF A LAKE/RIVER FLOODING
PREVENTION ACTION PLAN, THAT IDENTIFIES POTENTIAL FLOODING HAZARDS AND
CONDITIONS AND MAKES RECOMMENDATIONS CONCERNING ACTIONS THAT WILL
PREVENT AND/OR MITIGATE SUCH HAZARDS AND EFFECTIVELY EXECUTE SUCH
PREVENTION PLAN; AND
(III) SUCH OTHER AND FURTHER PREVENTION SERVICES AS THE ADJUTANT
GENERAL, IN CONSULTATION WITH THE LOCAL GOVERNMENTS OF NIAGARA, ORLEANS,
MONROE, WAYNE, CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST. LAWRENCE, AND
FRANKLIN COUNTIES MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR EXPEDI-
ENT TO EFFECTIVELY ACCOMPLISH THE PURPOSES OF THIS PROGRAM AND PROVIDE
MEANINGFUL PREVENTION SERVICES.
B. RESPONSE SERVICES. THE ADJUTANT GENERAL SHALL DIRECT THE PERFORM-
ANCE OF ANY SERVICES THAT WOULD ASSIST IN THE RESPONSE TO FLOODING
CAUSED AT LEAST IN PART BY THE RISING LEVELS OF LAKE ONTARIO OR THE ST.
LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS. SUCH SERVICES SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(I) PROVIDING PERSONNEL, MATERIAL AND LOGISTICAL SUPPORT IN DEPLOYING
MEASURES TO IMMEDIATELY RESPOND TO ANY EFFECTS OF FLOODING, INCLUDING
BUT NOT LIMITED TO, THE PROCUREMENT, FILING AND PLACEMENT OF SAND BAGS;
PROCUREMENT AND DEPLOYMENT OF FLOOD BOOMS; THE CONSTRUCTION AND PLACE-
MENT OF LEVIES, SEAWALLS, FLOOD BARRIERS, WATER DIVERSION CHANNELS, OR
OTHER EMERGENCY FLOOD ARRESTING OR CONTROLLING MEASURES; AND THE
PROVISION OF RESCUE, SUPPORT AND EMERGENCY RELIEF SERVICES FOR THOSE
PERSONS IN AN IMPACTED COUNTY WHOSE HOME, BUSINESS, LIFE OR PROPERTY ARE
ENDANGERED BY FLOODING;
(II) THE DEVELOPMENT, IN CONSULTATION WITH THE STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, AND ALL THE LOCAL
GOVERNMENTS OF NIAGARA COUNTY, ORLEANS COUNTY, MONROE COUNTY, WAYNE
COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY,
ST. LAWRENCE COUNTY, AND FRANKLIN COUNTY, OF A LAKE/RIVER FLOODING
RESPONSE ACTION PLAN, THAT IDENTIFIES POTENTIAL REQUIRED RESPONSES AND
MAKES RECOMMENDATIONS CONCERNING ACTION STEPS TO EFFECTIVELY EXECUTE
SUCH RESPONSE PLAN; AND
(III) SUCH OTHER AND FURTHER RESPONSE SERVICES AS THE ADJUTANT GENER-
AL, IN CONSULTATION WITH THE LOCAL GOVERNMENTS OF NIAGARA, ORLEANS,
MONROE, WAYNE, CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST. LAWRENCE, AND
FRANKLIN COUNTIES MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR EXPEDI-
ENT TO EFFECTIVELY ACCOMPLISH THE PURPOSES OF THIS PROGRAM AND PROVIDE
MEANINGFUL RESPONSE SERVICES.
C. RECOVERY SERVICES. THE ADJUTANT GENERAL SHALL DIRECT THE PERFORM-
ANCE OF ANY SERVICES THAT WOULD ASSIST IN THE RECOVERY FROM THE IMPACT
OF FLOODING CAUSED AT LEAST IN PART BY THE RISING LEVELS OF LAKE ONTARIO
OR THE ST. LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS. SUCH SERVICES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) PROVIDING PERSONNEL, MATERIAL AND LOGISTICAL SUPPORT IN DEPLOYING
MEASURES TO IMMEDIATELY ASSIST PERSONS, BUSINESSES AND LOCALITIES TO
RECOVER FROM ANY ADVERSE EFFECTS OF FLOODING, INCLUDING BUT NOT LIMITED
S. 7506--A 100
TO, THE CONSTRUCTION OR RECONSTRUCTION OF INFRASTRUCTURE, TRANSPORTATION
SYSTEMS, LEVIES, SEAWALLS, FLOOD BARRIERS, WATER DIVERSION CHANNELS, OR
OTHER FLOOD ARRESTING OR CONTROLLING MEASURES; AND THE PROVISION OF
RECOVERY, SUPPORT AND RELIEF SERVICES FOR THOSE PERSONS IN AN IMPACTED
COUNTY WHOSE HOME, BUSINESS, LIFE OR PROPERTY ARE ENDANGERED BY FLOOD-
ING, AND THE STABILIZATION AND MITIGATION OF DAMAGE CAUSED BY SUCH
FLOODING;
(II) THE DEVELOPMENT, IN CONSULTATION WITH THE STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, AND ALL THE LOCAL
GOVERNMENTS OF NIAGARA COUNTY, ORLEANS COUNTY, MONROE COUNTY, WAYNE
COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY,
ST. LAWRENCE COUNTY, AND FRANKLIN COUNTY, OF A LAKE/RIVER FLOODING
RECOVERY ACTION PLAN, THAT IDENTIFIES POTENTIAL REQUIRED RECOVERY MEAS-
URES AND MAKES RECOMMENDATIONS CONCERNING ACTIONS TO EFFECTIVELY EXECUTE
SUCH RECOVERY PLAN; AND
(III) SUCH OTHER AND FURTHER RECOVERY SERVICES AS THE ADJUTANT GENER-
AL, IN CONSULTATION WITH THE LOCAL GOVERNMENTS OF NIAGARA, ORLEANS,
MONROE, WAYNE, CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST. LAWRENCE, AND
FRANKLIN COUNTIES MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR EXPEDI-
ENT TO EFFECTIVELY ACCOMPLISH THE PURPOSES OF THIS PROGRAM AND PROVIDE
MEANINGFUL RECOVERY SERVICES.
2. IN EXECUTING THE PROVISION OF FLOOD PREVENTION, RESPONSE AND RECOV-
ERY SERVICES UNDER THIS PROGRAM, THE ADJUTANT GENERAL MAY CALL UPON
ASSISTANCE FROM ANY DEPARTMENT, AGENCY, DIVISION, OFFICE, COMMISSION OR
PUBLIC AUTHORITY IN THE STATE GOVERNMENT, AND SHALL FURTHER COORDINATE
SUCH SERVICES WITH ALL LOCAL GOVERNMENTS WITHIN THE IMPACTED COUNTY
RECEIVING SUCH SERVICES. THE ADJUTANT, IN HIS DISCRETION AND JUDGMENT,
MAY ALSO INVITE THE PARTICIPATION OF FEDERAL OR OUT OF STATE ENTITIES TO
ASSIST HIM IN ACCOMPLISHING THE PURPOSES OF THIS PROGRAM, INCLUDING BUT
NOT LIMITED TO, THE ARMY CORPS OF ENGINEERS, THE UNITED STATES DEPART-
MENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT OF STATE, THE
UNITED STATES DEPARTMENT OF DEFENSE, OR ANY OF ITS COMPONENT COMMANDS
THEREOF, AND ANY SUCH OTHER FEDERAL OR OUT OF STATE ENTITIES AS HE OR
SHE MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR EXPEDIENT.
3. THE ADJUTANT GENERAL MAY MAKE REQUESTS FOR FINANCING SUPPORT FOR
ANY OF THE CONSTRUCTION PROJECTS PERFORMED IN ACCORDANCE WITH THE
PROGRAM ESTABLISHED BY THIS SECTION FROM THE NEW YORK STATE URBAN DEVEL-
OPMENT CORPORATION. THE PRINCIPAL AND INTEREST FOR ANY BONDS OR NOTES
ISSUED FOR SUCH FINANCING BY THE NEW YORK STATE URBAN DEVELOPMENT CORPO-
RATION SHALL BE PAID FROM THE STATE OPERATIONS SPECIAL EMERGENCY APPRO-
PRIATION THROUGH A TRANSFER BY THE GOVERNOR TO THE GENERAL, SPECIAL
REVENUE, CAPITAL PROJECTS, PROPRIETARY OR FIDUCIARY FUNDS TO MEET UNAN-
TICIPATED EMERGENCIES PURSUANT TO SECTION FIFTY-THREE OF THE STATE
FINANCE LAW.
§ 3. The military law is amended by adding a new section 212-a to read
as follows:
§ 212-A. PAY OF TROOPS WHEN USED FOR THE LAKE ONTARIO-ST. LAWRENCE
RIVER FLOOD PREVENTION, RESPONSE AND RECOVERY PROGRAM. ALL OFFICERS AND
ENLISTED MEN WHILE ON DUTY, OR ASSEMBLED THEREFOR, BY ORDER OF THE
GOVERNOR, UPON A REQUEST MADE IN ACCORDANCE WITH SUBDIVISION THREE OF
SECTION SIX OF THIS CHAPTER, SHALL RECEIVE THE PAY SET FORTH IN SUBDIVI-
SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. ONE HUNDRED PERCENT
OF SUCH COMPENSATION AND EXPENSES INCURRED IN CONNECTION WITH SUCH DUTY
OR AS A RESULT THEREOF INCLUDING QUARTERING, CARING FOR, TRANSPORTING
AND SUBSISTING THE TROOPS, AND OTHER EXPENSES INCLUDING THE EXPENSE
S. 7506--A 101
INCURRED FOR PAY, CARE, AND SUBSISTENCE OF OFFICERS AND ENLISTED MEN
TEMPORARILY DISABLED IN THE LINE OF DUTY, WHILE ON SUCH DUTY, AS SET
FORTH IN SECTION TWO HUNDRED SIXTEEN OF THIS ARTICLE, SHALL BE PAID BY
THE STATE.
§ 4. This act shall take effect immediately.
SUBPART D
Section 1. Section 2 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act is
amended by adding a new fifth undesignated paragraph to read as follows:
IT IS FURTHER FOUND AND DECLARED THAT THERE CONTINUES TO EXIST AN
ONGOING AND REPEATED THREAT OF FLOODING AND FLOOD RELATED DAMAGE ALONG
THE SHORELINE OF LAKE ONTARIO AND THE ST. LAWRENCE RIVER. THIS CONDITION
IS CONTRARY TO THE PUBLIC INTEREST AND THREATENS THE SAFETY, SECURITY,
HEALTH, WELFARE, WELL-BEING AND REPOSE OF THE PEOPLE OF THE LOCALITIES
ADJOINING THE SHORELINE AS WELL AS THE PEOPLE OF THE ENTIRE STATE. THE
ORDINARY OPERATIONS OF PUBLIC AND PRIVATE FUNDING, AS WELL AS THE
SUPPORT OF PRIVATE ENTERPRISE, HAS PROVEN INADEQUATE TO PROVIDE SUFFI-
CIENT PREVENTION AGAINST, RESPONSE TO AND RECOVERY FROM THIS FLOODING,
AND CANNOT SUPPORT AND PROVIDE THE INFRASTRUCTURE PROJECTS THAT ARE
NECESSARY TO ACHIEVE THE LEVEL OF PREVENTION, RESPONSE AND RECOVERY THAT
THE STATE'S RESIDENTS DESERVE, NEED AND EXPECT, AND THAT THE STATE
REQUIRES. IT IS FURTHER DECLARED TO BE THE POLICY OF THE STATE TO
PROVIDE A MEANS AND MECHANISM TO SUPPORT AND PROVIDE THE ADEQUATE
INFRASTRUCTURE THAT IS NECESSARY TO ACHIEVE THIS LEVEL OF PREVENTION,
RESPONSE AND RECOVERY THAT THE STATE'S RESIDENTS DESERVE, NEED AND
EXPECT, AND THAT THE STATE REQUIRES.
§ 2. The opening paragraph of subdivision 6 of section 3 of section 1
of chapter 174 of the laws of 1968, constituting the New York state
urban development corporation act, as amended by chapter 603 of the laws
of 2003, is amended and a new paragraph (i) is added to read as follows:
(6) PROJECT: A specific work or improvement including lands, build-
ings, improvements, real and personal properties or any interest there-
in, acquired, owned, constructed, reconstructed, rehabilitated or
improved by the corporation or any subsidiary thereof, whether or not
still owned or financed by the corporation or any subsidiary thereof,
including a residential project, an industrial project, a land use
improvement project, a civic project, an industrial effectiveness
project, a small and medium-sized business assistance project, a fruit
growing, fruit processing, or winery business project, A SCHOOL SAFETY
INFRASTRUCTURE PROJECT or an economic development project, all as
defined herein, or any combination thereof, which combination shall
hereinafter be called and known as a "multi-purpose project". The term
"project" as used herein shall include projects, or any portion of a
project.
(I) "FLOODING PREVENTION, RESPONSE AND RECOVERY INFRASTRUCTURE
PROJECT". A PROJECT OR THAT PORTION OF A MULTI-PURPOSE PROJECT DESIGNED
AND INTENDED FOR THE PURPOSE OF BOLSTERING AND IMPROVING INFRASTRUCTURE,
IN ORDER TO PROVIDE SUFFICIENT PREVENTION AGAINST, RESPONSE TO AND
RECOVERY FROM FLOODING EVENTS, OR EFFECTS THEREFROM, AND SUCH OTHER AND
FURTHER INFRASTRUCTURE AND FACILITIES AS MAY BE INCIDENTAL OR APPURTEN-
ANT THERETO.
§ 3. The opening paragraph of section 18 of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
S. 7506--A 102
corporation act, as amended by chapter 839 of the laws of 1987, is
amended to read as follows:
The corporation shall not issue bonds and notes in an aggregate prin-
cipal amount exceeding one billion two hundred ninety-five million
dollars, excluding (1) bonds and notes issued to refund or otherwise
repay outstanding bonds and notes of the corporation or of the New York
state project finance agency, (2) notes issued by the corporation to
evidence eligible loans made to the corporation pursuant to the New York
state project finance agency act, [and] (3) BONDS AND NOTES ISSUED BY
THE CORPORATION TO PERFORM A FLOODING PREVENTION, RESPONSE AND RECOVERY
INFRASTRUCTURE PROJECT IN ACCORDANCE WITH PARAGRAPH (I) OF SUBDIVISION
(6) OF SECTION THREE OF THIS ACT, AND (4) bonds and notes issued with
the approval of the state director of the budget and the New York state
public authorities control board which are secured by and payable solely
out of a specific project, other than a residential project, undertaken
by the corporation subsequent to June first, nineteen hundred seventy-
seven, and the revenues and receipts derived therefrom, without recourse
against other assets of the corporation or against a debt service
reserve fund to which state funds are apportionable pursuant to subdivi-
sion three of section twenty of this act, provided that the corporation
shall not issue bonds or notes pursuant to this clause [(3)] if (a) (i)
the arrangements under which the project is undertaken do not provide
for annual real property taxes, or payments in lieu of real property
taxes, on the real property included in the project securing such bonds
or notes which together at least equal the average annual real property
taxes which were paid with respect to such real property for three years
prior to the acquisition of such project or any portion thereof by the
corporation or a subsidiary thereof, and (ii) after a public hearing,
the local legislative body of the city, town or village in which such
project is to be located has not consented to such arrangements,
provided, however, that in a city having a population of one million or
more such consent shall be given by the board of estimate of such city,
or (b) the aggregate principal amount of any such bonds and notes is
less than twice the amount of any moneys appropriated by the state and
made available by the corporation to the project securing such bonds and
notes, or (c) the aggregate principal amount of the bonds and notes
issued pursuant to this clause [(3)] will thereby exceed three hundred
seventy-nine million dollars, excluding bonds and notes issued to refund
or otherwise repay outstanding bonds and notes issued pursuant to this
clause [(3)], provided, however, that the corporation may provide for a
pooled financing arrangement with regard to bonds issued for the
purposes of financing the construction of the Center for Computers,
Microelectronics and Telecommunications at Columbia University, the
Center for Science and Technology at Syracuse University, the Cornell
Super Computer Center at Cornell University, the Onondaga County Conven-
tion Center Complex, the Center for Advanced Materials Processing at
Clarkson University, the Center for Electro-Optic Imaging at University
of Rochester, the Center for Neural Science at New York University, the
Alfred University Incubator Facilities in Allegany County and Steuben
County, the Broadway Redevelopment Project, and the Sematech Semiconduc-
tor facility, and, that the aggregate amount of bonds which may be
issued pursuant to this clause [(3)] shall be increased above the
amounts in the following schedule for the purposes of providing for the
costs of issuance including any debt service reserve requirements that
may be necessary in accordance with the following schedule:
S. 7506--A 103
§ 4. The state finance law is amended by adding a new article 17 to
read as follows:
ARTICLE 17
FINANCING OF SPECIAL INFRASTRUCTURE PROJECTS RELATED TO
FLOODING
SECTION 250. INFRASTRUCTURE PROJECTS FINANCED BY THE URBAN DEVELOPMENT
CORPORATION IN ACCORDANCE WITH THE LAKE ONTARIO-ST.
LAWRENCE RIVER FLOOD PREVENTION, RESPONSE AND RECOVERY
PROGRAM.
§ 250. INFRASTRUCTURE PROJECTS FINANCED BY THE URBAN DEVELOPMENT
CORPORATION IN ACCORDANCE WITH THE LAKE ONTARIO-ST. LAWRENCE RIVER
FLOOD PREVENTION, RESPONSE AND RECOVERY PROGRAM. PRINCIPAL AND INTEREST
DEBT SERVICE ON BONDS OR NOTES ISSUED BY THE URBAN DEVELOPMENT CORPO-
RATION IN ACCORDANCE WITH A FLOODING PREVENTION, RESPONSE AND RECOVERY
INFRASTRUCTURE PROJECT PERFORMED PURSUANT TO WITH PARAGRAPH (I) OF
SUBDIVISION SIX OF SECTION THREE OF THE NEW YORK STATE URBAN DEVELOPMENT
CORPORATION ACT, SHALL BE PAID FROM THE STATE OPERATIONS SPECIAL EMER-
GENCY APPROPRIATION THROUGH A TRANSFER BY THE GOVERNOR TO THE GENERAL,
SPECIAL REVENUE, CAPITAL PROJECTS, PROPRIETARY OR FIDUCIARY FUNDS TO
MEET UNANTICIPATED EMERGENCIES PURSUANT TO SECTION FIFTY-THREE OF THIS
CHAPTER.
§ 5. This act shall take effect immediately.
SUBPART E
Section 1. The environmental conservation law is amended by adding a
new article 74 to read as follows:
ARTICLE 74
TITLE 2
NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD
PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE
SECTION 74-0101. FLOOD PREVENTION, RESPONSE, RECOVERY AND MITIGATION
TASK FORCE.
74-0103. DEFINITIONS.
74-0105. TASK FORCE COMPOSITION.
74-0107. TASK FORCE DUTIES.
§ 74-0101. FLOOD PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK
FORCE.
THE NEW YORK STATE LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION,
RESPONSE, RECOVERY AND MITIGATION TASK FORCE, REFERRED TO IN THIS ARTI-
CLE AS THE TASK FORCE, IS HEREBY ESTABLISHED TO DETERMINE WHAT MEASURES
SHOULD BE TAKEN TO ENHANCE FLOOD PREVENTION, RECOVERY, RESPONSE, MANAGE-
MENT AND MITIGATION IN AND ALONG THE SHORELINE AND ADJOINING WATERWAYS
OF LAKE ONTARIO AND THE ST. LAWRENCE RIVER, AND TO DEVELOP RECOMMENDA-
TIONS TO ACCOMPLISH SUCH GOAL.
§ 74-0103. DEFINITIONS.
WHEN USED IN THIS ARTICLE:
1. "ADAPTIVE MEASURES" MEANS ANY ADJUSTMENT, WHETHER PASSIVE, REACTIVE
OR ANTICIPATORY, THAT MAY BE TAKEN TO AMELIORATE THE ANTICIPATED ADVERSE
CONSEQUENCES ASSOCIATED WITH FLOOD EVENTS.
2. "FLOOD CONTROL STUDY SECTOR" MEANS A PARTICULAR ASPECT OF THE
NATURAL OR BUILT ENVIRONMENT, ECONOMY, OR SOCIETY THAT COULD POTENTIALLY
BE ADVERSELY IMPACTED BY FLOOD EVENTS. SUCH TERM INCLUDES, BUT IS NOT
LIMITED TO, LAKE, STREAM AND RIVER BANKS, LOCKS AND DAMS, WETLANDS AND
WATERFRONT AREAS, WATER RESOURCES, TRANSPORTATION INFRASTRUCTURE, WATER
S. 7506--A 104
SUPPLY AND WASTEWATER INFRASTRUCTURE, HUMAN HEALTH, RECREATION, TOURISM,
POWER GENERATION AND BUSINESS, RESIDENTIAL, FARM AND MUNICIPAL SECTORS.
3. "FLOOD EVENT" MEANS AN OVERFLOW OR INUNDATION THAT COMES FROM A
LAKE, RIVER OR OTHER BODY OF WATER, WHETHER CAUSED BY RAINFALL, WATERWAY
OPERATION, DAM OPERATION, WATERFLOW MANAGEMENT, DAM BREAK, WATER RUNOFF
OR OTHER MEANS, AND CAUSES OR THREATENS DAMAGE.
4. "LAKE ONTARIO" AND "ST. LAWRENCE RIVER" SHALL MEAN THE LAKE, RIVER
SHORELINE, LANDS AND INFRASTRUCTURE OF LAKE ONTARIO AND THE ST. LAWRENCE
RIVER, OR ITS ADJOINING OR AFFECTED COMMUNITIES OF NIAGARA, ORLEANS,
MONROE, WAYNE, CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST. LAWRENCE, AND
FRANKLIN COUNTIES.
§ 74-0105. TASK FORCE COMPOSITION.
1. THE TASK FORCE SHALL CONSIST OF THIRTEEN MEMBERS; EIGHT OF WHOM
SHALL BE THE ADJUTANT GENERAL OF THE STATE DIVISION OF MILITARY AND
NAVAL AFFAIRS, THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE SECRETARY OF STATE, THE COMMISSIONER OF TRANSPORTA-
TION, THE COMMISSIONER OF THE DEPARTMENT OF PARKS, RECREATION AND
HISTORIC PRESERVATION, THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE
AND MARKETS AND THE CHAIRMAN OF THE STATE ECONOMIC DEVELOPMENT OFFICE OR
DESIGNEE; AND FIVE ADDITIONAL MEMBERS WHO SHALL BE FROM OUTSIDE THE
PUBLIC OFFICES LISTED IN THIS SECTION AND ONE OF EACH OF WHOM SHALL BE A
HYDROLOGIST, CIVIL ENGINEER, CLIMATOLOGIST, COUNTY EMERGENCY MANAGER AND
SOIL AND WATER CONSERVATION PROFESSIONAL. THE GOVERNOR SHALL APPOINT
THREE OF THE FIVE ADDITIONAL MEMBERS AND THE TEMPORARY PRESIDENT OF THE
SENATE AND SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT ONE OF EACH OF THE
FIVE ADDITIONAL MEMBERS.
2. THE TASK FORCE SHALL APPOINT A CHAIRPERSON FROM AMONG ITS MEMBERS.
3. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
4. THE TASK FORCE SHALL CONSULT WITH EACH OF THE EMERGENCY MANAGEMENT
OFFICERS, OR APPROPRIATE COUNTY OFFICER, FROM NIAGARA, ORLEANS, MONROE,
WAYNE, CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST. LAWRENCE, AND FRANKLIN
COUNTIES, AND EACH SAID OFFICER SHALL PROVIDE TO THE TASK FORCE A DOCU-
MENT LISTING THEIR CONCERNS AND RECOMMENDATIONS RELATED TO FLOODING
ALONG LAKE ONTARIO AND/OR THE ST. LAWRENCE RIVER. THE TASK FORCE SHALL
CONSIDER SUCH CONCERNS AND RECOMMENDATIONS IN ITS DELIBERATIONS AND IN
THE FORMULATION OF ITS DETERMINATIONS AND RECOMMENDATIONS.
5. THE TASK FORCE SHALL MEET AT LEAST SIX TIMES OVER AN EIGHTEEN MONTH
PERIOD AT THE CALL OF THE CHAIRPERSON.
§ 74-0107. TASK FORCE DUTIES.
THE ROLE OF THE TASK FORCE INCLUDES, BUT IS NOT LIMITED TO:
1. CONDUCTING AN IN-DEPTH EXAMINATION OF FLOOD PREVENTION, RESPONSE
AND RECOVERY ISSUES, AND FLOOD CONTROL STUDY SECTORS AND ISSUES, RELATED
TO FLOOD PREVENTION, RESPONSE AND RECOVERY, WATER MANAGEMENT, FLOOD
CONTROL AND FLOOD MITIGATION IN AND ALONG THE SHORELINE AND ADJOINING
WATERWAYS OF LAKE ONTARIO AND THE ST. LAWRENCE RIVER, INCLUDING:
(A) ADAPTIVE MEASURES THAT CAN BE TAKEN TO EFFECTUATE FLOOD
PREVENTION, RESPONSE AND RECOVERY PROGRAMS, AND MITIGATE FLOOD DAMAGES,
INCLUDING BUT NOT LIMITED TO FEASIBLE FLOOD PREVENTION, RESPONSE AND
RECOVERY MEASURES, FLOOD MANAGEMENT ACTIVITIES, WETLAND RESTORATION,
FLOOD CONTROL INFRASTRUCTURE, COMMUNICATION SYSTEMS AND RELATED PUBLIC
SAFETY AND FLOOD CONTROL STRUCTURES AND ASSOCIATED COSTS;
(B) EVALUATION WHICH SHOULD INCLUDE IMPACTS ON AGRICULTURE, TRANSPOR-
TATION, LAND USE, HEALTH, INSURANCE AND ECONOMIC SECTORS SUCH AS SHIP-
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PING, FISHERIES, POWER GENERATION, TOURISM, AND RECREATION. IMPACTS ON
INFRASTRUCTURE, INCLUDING BRIDGES, LOW-LYING ROADS, DAMS, LOCKS, CAUSE-
WAYS, WATER AND WASTEWATER TREATMENT PLANTS AND DOCKS SHALL BE INCLUDED
IN THE EVALUATION; AND
(C) EVALUATION OF LAKE ONTARIO AND ST. LAWRENCE RIVER OPERATION AND
MANAGEMENT, AND PLANS OR AGREEMENTS OR TREATIES WHICH MAY HAVE A DIRECT
OR INDIRECT IMPACT ON FLOOD CONTROL, PREVENTION, RESPONSE, RECOVERY OR
MITIGATION AND FLOOD MANAGEMENT INCLUDING, BUT NOT LIMITED TO, DEBRIS
MANAGEMENT, COMMUNICATION, AND WATER MANAGEMENT AND WATER LEVEL MANIPU-
LATION.
2. EVALUATING AND ASSESSING OF ANY FLOOD PREVENTION, RESPONSE AND
RECOVERY MEASURES, FLOOD CONTROL OR FLOOD MITIGATION MEASURES, OR WATER
MANAGEMENT PROCEDURES, AGREEMENTS OR TREATIES, IDENTIFIED IN TERMS OF
FEASIBILITY, ECONOMIC AND PUBLIC HEALTH IMPACTS, AND EFFECTIVENESS, AS
WELL AS IDENTIFYING IMPEDIMENTS TO IMPLEMENTING EFFECTIVE FLOOD
PREVENTION, RESPONSE AND RECOVERY, FLOOD CONTROL AND FLOOD MITIGATION
MEASURES, AND WHERE POSSIBLE, ACTIONS THAT COULD BE TAKEN TO RESOLVE
FLOODING ISSUES.
3. ARRANGING THROUGH THE DEPARTMENT AND THE DIVISION OF MILITARY AND
NAVAL AFFAIRS, FOR THE PROVISION OF SUCH FACILITIES, ASSISTANCE AND DATA
AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES. ADDI-
TIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF SHALL,
AT THE REQUEST OF THE CHAIR PROVIDE THE TASK FORCE WITH SUCH FACILITIES,
ASSISTANCE, AND DATA AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS
POWERS AND DUTIES.
§ 2. Report to the governor and legislature. 1. Within 18 months of
the effective date of this act, the New York state flood prevention,
response, recovery and mitigation task force shall issue a draft report,
which shall be submitted to the governor, the temporary president of the
senate, and the speaker of the assembly assessing flood mitigation and
control in New York state with particular focus on Lake Ontario and the
St. Lawrence River; including, but not limited to, recommendations on
how such impacts should be addressed. At least three public hearings
shall be held by the task force to provide the public with the opportu-
nity to comment on the report. Notice of such hearings shall be provided
on the department of environmental conservation website, and in the
environmental notice bulletin.
2. Within 90 days of the date of the last public hearing, the New York
state flood prevention, response, recovery and mitigation task force
shall submit a final report to the governor, the temporary president of
the senate, and the speaker of the assembly. Copies of such report shall
also be made available to the public and posted on the websites of the
department of environmental conservation and the division of naval and
military affairs.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed one hundred twenty days after the New York state flood
prevention, response, recovery and mitigation task force has submitted
its final, completed report.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section, subpart 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,
subpart or part thereof directly involved in the controversy in which
such judgment shall have been rendered. It is hereby declared to be the
S. 7506--A 106
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through E of this Part shall
be as specifically set forth in the last section of such Subparts.
PART P
Section 1. Subdivision 11 of section 6305 of the education law is
REPEALED.
§ 2. This act shall take effect immediately.
PART Q
Section 1. The state finance law is amended by adding a new section
99-bb to read as follows:
§ 99-BB. SUNY STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION
ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGU-
LATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVER-
SITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND, TO BE KNOWN AS THE
"SUNY STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION ESCROW FUND"
WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
2. THE SUNY STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION
ESCROW FUND SHALL CONSIST OF: (A) ALL MONIES GENERATED THROUGH THE
ACTIVITIES OF STONY BROOK AT EASTERN LONG ISLAND HOSPITAL, INCLUDING BUT
NOT LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER ASSOCI-
ATED REVENUE SOURCES; (B) RENT PAYMENTS MADE BY STONY BROOK UNIVERSITY
HOSPITAL TO THE EASTERN LONG ISLAND 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 (C) TO THE EXTENT PERMITTED UNDER THE LEASE AGREEMENT
REFERRED TO IN PARAGRAPH (B) OF THIS SUBDIVISION, WORKING CAPITAL
ADVANCES AND CAPITAL ACQUISITION ADVANCES MADE BY STONY BROOK UNIVERSITY
HOSPITAL TO THE EASTERN LONG ISLAND HOSPITAL ASSOCIATION.
§ 2. This act shall take effect immediately.
PART R
Section 1. Paragraphs a and d of subdivision 1 and subdivisions 4, 5
and 6 of section 667-d of the education law, as added by section 1 of
part III of chapter 59 of the laws of 2017, are amended to read as
follows:
a. Establishment. Enhanced tuition awards are available for students
who are enrolled in approved programs in private [not-for-profit] degree
granting institutions OF HIGHER EDUCATION except those institutions set
forth in paragraph b of subdivision four of section six hundred sixty-
one of this part and who demonstrate the ability to complete such cours-
es, in accordance with standards established by the commissioner;
provided, that, no award shall exceed one hundred percent of the amount
of tuition charged.
d. Credit requirements. An award shall be made to an applicant who:
(i) if enrolled in (A) a private DEGREE GRANTING institution of higher
education prior to application, has completed at least thirty combined
credits per year following the student's start date, or its equivalent,
applicable to his or her program or programs of study or (B) a public
S. 7506--A 107
DEGREE GRANTING institution of higher education prior to application,
has completed at least thirty combined credits per year following the
student's start date, or its equivalent, applicable to his or her
program or programs of study and which were accepted upon transfer to a
private DEGREE GRANTING institution of higher education; (ii) enrolls in
at least twelve credits per semester and completes at least thirty
combined credits per year following the student's start date, or its
equivalent, applicable to his or her program or programs of study except
in limited circumstances as prescribed by the corporation in regulation.
Notwithstanding, in the student's last semester, the student may take at
least one course needed to meet his or her graduation requirements and
enroll in and complete at least twelve credit hours or its equivalent.
For students who are disabled as defined by the Americans With Disabili-
ties Act of 1990, 42 USC 12101, the corporation shall prescribe rules
and regulations that allow applicants who are disabled to be eligible
for an award pursuant to this section based on modified criteria.
4. Amount. Within the amounts appropriated therefor and based on
availability of funds, awards shall be granted beginning with the two
thousand seventeen--two thousand eighteen academic year and thereafter
to applicants that the corporation has determined are eligible to
receive such awards. The amount of the award under this program shall be
such that the sum of the award plus a student's tuition assistance
program award pursuant to section six hundred sixty-seven of this
subpart plus the institution's matching award pursuant to subdivision
five of this section shall equal six thousand dollars. ANY INSTITUTION
THAT HAS LOWERED ITS TUITION BY MORE THAN FIFTEEN PERCENT OVER THE LAST
FIVE YEARS SHALL BE EXEMPT FROM HAVING TO PROVIDE SUCH MATCH UNTIL TWO
THOUSAND TWENTY-SIX AND PROVIDED THAT SUCH AMOUNT OF AWARD SHALL BE
ADJUSTED AS IF SUCH MATCH HAD BEEN PROVIDED.
5. Matching awards. Commencing with the two thousand seventeen--two
thousand eighteen academic year and thereafter, participating insti-
tutions shall credit each recipient's remaining tuition expenses in an
amount equal to the recipient's award under this section. [Such credit
shall be applied after the recipient has received an institutional aid
package, if any, to ensure that this program does not reduce institu-
tional aid that would otherwise be granted.] ANY INSTITUTION THAT HAS
LOWERED ITS TUITION BY MORE THAN FIFTEEN PERCENT OVER THE LAST FIVE
YEARS SHALL BE EXEMPT FROM HAVING TO PROVIDE SUCH MATCH UNTIL TWO THOU-
SAND TWENTY-SIX.
6. Tuition. The rate of tuition charged to an individual receiving an
award shall not be increased for the duration of time that such individ-
ual receives an award. PROVIDED, THAT BEGINNING WITH THE TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN FRESHMAN CLASS TUITION SHALL NOT BE
INCREASED BY MORE THAN THE FIVE-YEAR ROLLING AVERAGE OF THE HIGHER
EDUCATION PRICE INDEX PER YEAR FOR ENHANCED TUITION AWARD RECIPIENTS.
PROVIDED, FURTHER HOWEVER, THAT SUCH REQUIREMENT SHALL BE WAIVED FOR ANY
INSTITUTION THAT HAS LOWERED ITS TUITION BY MORE THAN FIFTEEN PERCENT
OVER THE LAST FIVE YEARS, PROVIDED THAT THE TUITION LEVEL CHARGED BY
SUCH INSTITUTION IS NOT INCREASED BY MORE THAN THREE PERCENT PER YEAR
OVER THE NEXT EIGHT YEARS.
§ 2. This act shall take effect immediately.
PART S
Section 1. Section 6306 of the education law is amended by adding a
new subdivision 11 to read as follows:
S. 7506--A 108
11. THE STATE UNIVERSITY OF NEW YORK SHALL CONSULT WITH THE BOARDS OF
TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK COMMUNITY COLLEGES AND
COMPILE A REPORT ON COMPLIANCE WITH SUBDIVISION TEN OF THIS SECTION.
SUCH REPORT SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
HIGHER EDUCATION COMMITTEE AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCA-
TION COMMITTEE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINETEEN.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 669-e of the education law, as
added by section 1 of part G of chapter 56 of the laws of 2014, is
amended to read as follows:
1. Undergraduate students who are matriculated in an approved under-
graduate program leading to a career in science, technology, engineering
or mathematics at a New York state [public institution of higher educa-
tion] COLLEGE AS DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED ONE
OF THIS TITLE shall be eligible for an award under this section,
provided the applicant: (a) graduates from a high school located in New
York state during or after the two thousand thirteen--fourteen school
year; and (b) graduates within the top ten percent of his or her high
school class; and (c) enrolls in full-time study each term beginning in
the fall term after his or her high school graduation in an approved
undergraduate program in science, technology, engineering or mathemat-
ics, as defined by the corporation, at a New York state [public institu-
tion of higher education] COLLEGE AS DEFINED IN SUBDIVISION TWO OF
SECTION SIX HUNDRED ONE OF THIS TITLE; and (d) signs a contract with the
corporation agreeing that his or her award will be converted to a
student loan in the event the student fails to comply with the terms of
this program as set forth in subdivision four of this section; and (e)
complies with the applicable provisions of this article and all require-
ments promulgated by the corporation for the administration of the
program.
§ 2. This act shall take effect immediately.
PART U
Section 1. Clause (v) of subparagraph 4 of paragraph h of subdivision
2 of section 355 of the education law, as amended by section 1 of part
JJJ of chapter 59 of the laws of 2017, is amended to read as follows:
(v) Beginning in state fiscal year two thousand seventeen--two thou-
sand eighteen [and ending in state fiscal year two thousand twenty--two
thousand twenty-one] AND THEREAFTER, the state shall appropriate and
make available general fund operating support[, including] AND fringe
benefits, for the state university AND THE STATE UNIVERSITY HEALTH
SCIENCE CENTERS in an amount not less than the [amount] AMOUNTS SEPA-
RATELY appropriated and made available in the prior state fiscal year;
PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENER-
AL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS, WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS INCLUDING
SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL SERVICE COSTS
SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLATIONARY EXPENSES
INCURRED BY THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE
CENTERS, AND ANY INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION SIX
S. 7506--A 109
HUNDRED EIGHTY-NINE-A OF THIS TITLE AS TUITION INCREASES ARE ENACTED BY
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY; provided, however, that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly, state support for operating expenses at the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply; provided further, the
state shall appropriate and make available general fund support to fully
fund the tuition credit pursuant to subdivision two of section six
hundred sixty-nine-h of this title.
§ 2. Subparagraph (v) of paragraph (a) of subdivision 7 of section
6206 of the education law, as amended by section 2 of part JJJ of chap-
ter 59 of the laws of 2017, is amended to read as follows:
(v) Beginning in state fiscal year two thousand seventeen--two thou-
sand eighteen and [ending in state fiscal year two thousand twenty--two
thousand twenty-one] THEREAFTER, the state shall appropriate and make
available general fund operating support[, including] AND fringe bene-
fits, for the city university in an amount not less than the [amount]
AMOUNTS SEPARATELY appropriated and made available in the prior state
fiscal year; PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF
THE CITY UNIVERSITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEC-
TIVE BARGAINING COSTS, INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND
OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS
AND OTHER INFLATIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY, AND ANY
INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-
NINE-A OF THIS CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF
TRUSTEES OF THE CITY UNIVERSITY; 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 univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply; provided further, the state
shall appropriate and make available general fund support to fully fund
the tuition credit pursuant to subdivision two of section six hundred
sixty-nine-h of this chapter.
§ 3. This act shall take effect immediately provided that:
(a) the amendments to subparagraph 4 of paragraph h of subdivision 2
of section 355 of the education law made by section one of this act
shall not affect the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, and shall
expire therewith; and
(b) 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 and reversion of such paragraph pursuant to chapter 260
of the laws of 2011, as amended, and shall expire therewith.
PART V
Section 1. Section 22-c of the state finance law is amended by adding
a new subdivision 7 to read as follows:
7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND NINETEEN
AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE
LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPITAL
PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED CAMPUSES AND
CITY UNIVERSITY OF NEW YORK SENIOR COLLEGES. SUCH PLANS SHALL PROVIDE
S. 7506--A 110
FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE HUNDRED
PERCENT OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY EACH
UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR OTHER
MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING FOR NEW INFRAS-
TRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES SHALL NOT COUNT TOWARDS
MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT. IN THE EVENT THAT
SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRITICAL MAINTE-
NANCE NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B OF THIS
CHAPTER, THE DIRECTOR OF THE BUDGET SHALL DEVELOP FIVE-YEAR CAPITAL
PLANS WHEREBY THE IMPLEMENTATION OF EACH CAPITAL PLAN WOULD ANNUALLY
REDUCE THE OVERALL FACILITY CONDITION INDEX (FCI) FOR EACH UNIVERSITY
SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE RATIO OF DEFERRED
MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF
CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE
SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE
BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND CITY
UNIVERSITY OF NEW YORK.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraph c of subdivision 2 and subdivisions 3, 4, 5 and 8
of section 652 of the education law, paragraph c of subdivision 2 as
added by chapter 202 of the laws of 1996, subdivisions 3 and 4 as
amended by chapter 339 of the laws of 2010, subdivision 5 as amended by
chapter 240 of the laws of 1986 and subdivision 8 as added by chapter
193 of the laws of 1989, are amended to read as follows:
c. To support the administration by the federal government, other
states, and institutions of post-secondary education of the federal
student aid programs established under Title IV of the Higher Education
Act of nineteen hundred sixty-five, as amended, or any successor
statute; AND
D. TO PROVIDE INFORMATION REQUESTED BY THE LEGISLATURE, INCLUDING, BUT
NOT LIMITED TO, INFORMATION ON COSTS ASSOCIATED WITH POLICY PROPOSALS,
STATISTICS AND STATE BUDGET PROPOSALS.
3. The corporation shall be governed and all of its corporate powers
exercised by a board of trustees which shall consist of fifteen members,
[nine] FIVE of whom shall be appointed by the governor with the advice
and consent of the senate, TWO OF WHOM SHALL BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND TWO OF WHOM SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY. The members not requiring the advice and
consent of the senate shall be the commissioner of education, the chan-
cellor of the state university, the chancellor of the city university of
the city of New York, THE PRESIDENT OF THE ORGANIZATION REPRESENTING THE
MAJORITY OF THE NON-PROFIT DEGREE GRANTING COLLEGES WITHIN THE STATE,
and [three] TWO students. One such student shall be the president of the
student assembly of the state university of New York, AND one such
student shall be the chair of the united student senate of city univer-
sity of New York[, and one such student shall be a student registered in
a full time course of study at a state university community college]. In
the event a student who shall be a member by reason of his or her office
in a student organization shall fail to qualify, the student who holds
the next highest office in the organization shall be the member of the
board.
S. 7506--A 111
4. All members shall be at least eighteen years of age, citizens of
the United States and residents of the state. [The appointed members
shall consist of two representatives of banking institutions within the
state, two such members shall be the presidents of independent insti-
tutions of higher education within the state, one such member shall be a
president or chief executive officer of a school licensed or registered
pursuant to section five thousand one of this chapter, one such member
shall be a financial aid officer at a higher education institution in
New York, one such member shall be a president or chief executive offi-
cer of a degree granting proprietary college located within the state,
one such member shall be a student currently registered and in full time
attendance at a degree granting independent institution of higher educa-
tion in New York, and one shall be representative of the public.] THE
APPOINTED MEMBERS SHALL CONSIST OF TWO REPRESENTATIVES FROM THE STATE
UNIVERSITY OF NEW YORK, TWO REPRESENTATIVES FROM THE CITY UNIVERSITY OF
NEW YORK, TWO REPRESENTATIVES FROM NON-PROFIT DEGREE GRANTING COLLEGES
WITHIN THE STATE, ONE REPRESENTATIVE FROM A DEGREE GRANTING FOR-PROFIT
COLLEGE LOCATED WITHIN THE STATE, AND TWO REPRESENTATIVES THAT ARE
FINANCIAL AID OFFICERS, AT HIGHER EDUCATION INSTITUTIONS WITHIN THE
STATE.
5. The appointed members shall serve for terms of six years each and
shall be eligible for reappointment to successive terms; provided,
however, that the student [representative of the state university commu-
nity colleges] REPRESENTATIVES shall serve for a term of one year.
A. PROCEDURE AND DESIGNATION OF APPOINTMENTS. ON THE EFFECTIVE DATE OF
THIS PARAGRAPH, THE GOVERNOR SHALL APPOINT ONE REPRESENTATIVE FROM THE
STATE UNIVERSITY OF NEW YORK, ONE REPRESENTATIVE FROM THE CITY UNIVERSI-
TY OF NEW YORK, ONE REPRESENTATIVE FROM A NON-PROFIT DEGREE GRANTING
COLLEGE WITHIN THE STATE, ONE REPRESENTATIVE FROM A DEGREE GRANTING
FOR-PROFIT COLLEGE LOCATED WITHIN THE STATE, AND ONE REPRESENTATIVE THAT
IS A FINANCIAL AID OFFICER AT A HIGHER EDUCATION INSTITUTION WITHIN THE
STATE. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL APPOINT THE FOUR REMAINING BOARD MEMBERS.
B. PROCEDURES WHEN VACANCIES OCCUR. VACANCIES SHALL BE FILLED IN THE
SAME MANNER AS THE ORIGINAL APPOINTMENT AND WITHIN THE SOONEST TIME
PRACTICABLE BUT UNDER NO CIRCUMSTANCES SHALL A SEAT REMAIN VACANT DUE TO
LACK OF APPOINTMENT FOR MORE THAN TWELVE MONTHS.
8. The commissioner of education, the chancellor of the state univer-
sity and the chancellor of the city university, THE PRESIDENT OF THE
ORGANIZATION REPRESENTING THE MAJORITY OF THE NON-PROFIT DEGREE GRANTING
COLLEGES WITHIN THE STATE each may, by official authority filed in his
or her respective department or university, and with the secretary of
the board, designate an officer of his or her respective department or
university to represent and exercise all the powers of such commissioner
or chancellor as the case may be at all meetings of the board from which
such commissioner or chancellor may be absent.
§ 2. This act shall take effect immediately.
PART X
Section 1. Subdivisions 1 and 2 of section 669-h of the education law,
as added by section 1 of part HHH of chapter 59 of the laws of 2017, are
amended to read as follows:
1. Eligibility. An excelsior scholarship award shall be made to an
applicant who: (a) is matriculated in an approved program leading to an
undergraduate degree at a New York state public institution of higher
S. 7506--A 112
education; (b) if enrolled in (i) a public institution of higher educa-
tion prior to application, has completed at least thirty combined cred-
its per year following the student's start date, or its equivalent,
applicable to his or her program or programs of study or (ii) an insti-
tution of higher education prior to application, has completed at least
thirty combined credits per year following the student's start date, or
its equivalent, applicable to his or her program or programs of study
and which were accepted upon transfer to a public institution of higher
education; (c) enrolls in at least twelve credits per semester and
completes at least thirty combined credits per year following the
student's start date, or its equivalent, applicable to his or her
program or programs of study except in limited circumstances as
prescribed by the corporation in regulation PROVIDED THAT SUCH REGU-
LATION INCLUDE PROVISIONS AUTHORIZING STUDENTS ENROLLED IN REMEDIAL
COURSES AT NEW YORK STATE COMMUNITY COLLEGES TO QUALIFY FOR AN AWARD,
UNDER THE FOLLOWING CIRCUMSTANCES: (I) IF A STUDENT IS ENROLLED IN TWO
REMEDIAL COURSES PER SEMESTER, THE CREDIT REQUIREMENT SHALL BE NINE
CREDITS PER SEMESTER; AND (II) IF A STUDENT IS ENROLLED IN ONE REMEDIAL
COURSE PER SEMESTER, THE CREDIT REQUIREMENT SHALL BE TWELVE CREDITS PER
SEMESTER. Notwithstanding, in the student's last semester, the student
may take at least one course needed to meet his or her graduation
requirements and enroll in and complete at least twelve credit hours or
its equivalent. For students who are disabled as defined by the Ameri-
cans With Disabilities Act of 1990, 42 USC 12101, the corporation shall
prescribe rules and regulations that allow applicants who are disabled
to be eligible for an award pursuant to this section based on modified
criteria; (d) has an adjusted gross income, as defined in this subdivi-
sion, equal to or less than: (i) one hundred thousand dollars for recip-
ients receiving an award in the two thousand seventeen--two thousand
eighteen academic year; (ii) one hundred ten thousand dollars for recip-
ients receiving an award in the two thousand eighteen--two thousand
nineteen academic year; and (iii) one hundred twenty-five thousand
dollars for recipients receiving an award in the two thousand nineteen-
-two thousand twenty academic year and thereafter; and (e) complies with
the applicable provisions of this article and all requirements promul-
gated by the corporation for the administration of the program. Adjusted
gross income shall be the total of the combined adjusted gross income of
the applicant and the applicant's parents or the applicant and the
applicant's spouse, if married, as reported on the federal income tax
return, or as otherwise obtained by the corporation, for the calendar
year coinciding with the tax year established by the U.S. department of
education to qualify applicants for federal student financial aid
programs authorized by Title IV of the Higher Education Act of nineteen
hundred sixty-five, as amended, for the school year in which application
for assistance is made.
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
five thousand five hundred dollars or actual tuition, whichever is less;
provided, however, (a) a student who receives educational grants and/or
scholarships that cover the student's full cost of attendance shall not
be eligible for an award under this program; and (b) an award under this
program shall be applied to tuition after the application of payments
received under the tuition assistance program pursuant to section six
S. 7506--A 113
hundred sixty-seven of this subpart, tuition credits pursuant to section
six hundred eighty-nine-a of this article, federal Pell grant pursuant
to section one thousand seventy of title twenty of the United States
code, et. seq., and any other program that covers the cost of attend-
ance, and the award under this program shall be reduced in the amount
equal to such payments, provided that the combined benefits do not
exceed five thousand five hundred dollars. Upon notification of an award
under this program, the institution shall defer the amount of tuition.
NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, A SCHOLAR-
SHIP SHALL NOT REDUCE THE AMOUNT OF AN AWARD UNDER THIS PROGRAM IF SUCH
SCHOLARSHIP IS FUNDED EXCLUSIVELY THROUGH PRIVATE DONATIONS. Notwith-
standing paragraph h of subdivision two of section three hundred fifty-
five and paragraph (a) of subdivision seven of section six thousand two
hundred six of this chapter, and any other law, rule or regulation to
the contrary, the undergraduate tuition charged by the institution to
recipients of an award shall not exceed the tuition rate established by
the institution for the two thousand sixteen--two thousand seventeen
academic year provided, however, that in the two thousand twenty-one--
two thousand twenty-two academic year and every four years thereafter,
the undergraduate tuition charged by the institution to recipients of an
award shall be reset to equal the tuition rate established by the insti-
tution for the forthcoming academic year, provided further that the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this article shall be applied toward the tuition rate charged for
recipients of an award under this program. Provided further that the
state university of New York and the city university of New York shall
provide an additional tuition credit to students receiving an award to
cover the remaining cost of tuition.
§ 2. This act shall take effect immediately.
PART Y
Section 1. The education law is amended by adding a new section 301-a
to read as follows:
§ 301-A. COMMISSIONER OF EDUCATION; CERTAIN ACCREDITATION SERVICES.
THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING THE
DEPARTMENT TO PROVIDE ACCREDITATION SERVICES TO INSTITUTIONS OF HIGHER
EDUCATION.
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 7 of section 6206 of the education law is
amended by adding a new paragraph (d) to read as follows:
(D) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
LOCAL LAW, RULE OR REGULATION, THE BOARD OF TRUSTEES SHALL PROMULGATE
REGULATIONS TO PERMIT FIREFIGHTERS AND FIRE OFFICERS EMPLOYED BY THE NEW
YORK CITY FIRE DEPARTMENT, WHO ARE ENROLLED IN PROGRAMS LEADING TO
BACCALAUREATE OR HIGHER DEGREES AT A SENIOR COLLEGE OF THE CITY UNIVER-
SITY TO ATTEND TWO COURSES WITHOUT TUITION, PROVIDED THAT SUCH COURSES
ARE RELATED TO THEIR EMPLOYMENT AS FIREFIGHTERS AND FIRE OFFICERS AND
THAT SUCH TUITION-WAIVED ATTENDANCE DOES NOT DENY COURSE ATTENDANCE AT A
SENIOR COLLEGE OF THE CITY UNIVERSITY BY AN INDIVIDUAL WHO IS OTHERWISE
QUALIFIED UNDER THIS SECTION.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed July 1, 2020.
S. 7506--A 114
PART AA
Section 1. The state finance law is amended by adding a new section
99-bb to read as follows:
§ 99-BB. STATE UNIVERSITY OF NEW YORK HOSPITAL OPERATIONS ESCROW FUND.
1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR
PRACTICE TO THE CONTRARY, 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 "STATE
UNIVERSITY OF NEW YORK HOSPITAL OPERATIONS ESCROW FUND." WITHIN THE
ACCOUNT MAY BE AVAILABLE UP TO TWO HUNDRED EIGHTY-ONE MILLION THREE
HUNDRED SEVENTY-SIX THOUSAND DOLLARS PER FISCAL YEAR.
2. SUCH FUND MAY CONSIST OF MONIES GENERATED THROUGH THE ACTIVITIES OF
THE TEACHING HOSPITALS AT DOWNSTATE MEDICAL, UPSTATE MEDICAL, AND STONY
BROOK, INCLUDING BUT NOT LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSE-
MENT, AND OTHER ASSOCIATED REVENUE SOURCES.
§ 2. This act shall take effect immediately.
PART BB
Section 1. The education law is amended by adding a new section 679-j
to read as follows:
§ 679-J. THE NEW YORK STATE TEACHER LOAN FORGIVENESS PROGRAM. 1.
PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
THE PURPOSE OF INCREASING THE NUMBER OF TEACHERS SERVING IN THE STATE.
2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, APPLICANTS SHALL (A) BE CERTIFIED AS A TEACHER; (B) BE EMPLOYED
FULL TIME IN THIS STATE IN AN ELEMENTARY OR SECONDARY SCHOOL; (C) COMPLY
WITH SUBDIVISIONS THREE AND FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF
THIS PART; (D) HAVE AN OUTSTANDING STUDENT LOAN DEBT; AND (E) MEET ONE
OF THE FOLLOWING CRITERIA:
(I) TEACH IN A SHORTAGE SUBJECT AREA;
(II) TEACH IN A HARD TO STAFF DISTRICT; OR
(III) THE APPLICANT IS ECONOMICALLY DISADVANTAGED, AS DEFINED BY THE
CORPORATION.
3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERM "SHORTAGE
SUBJECT AREA" SHALL MEAN A CURRICULUM SUBJECT MATTER OR PRACTICE OF
TEACHING WHERE THERE IS A SHORTAGE OF TEACHERS IN NEW YORK STATE, AS
DESIGNATED BY THE DEPARTMENT, AND THE TERM "HARD TO STAFF SCHOOL
DISTRICTS" SHALL MEAN SCHOOL DISTRICTS THAT HAVE A SHORTAGE OF TEACHERS,
AS DESIGNATED BY THE DEPARTMENT.
4. PRIORITY. SUCH AWARDS SHALL BE MADE ANNUALLY TO APPLICANTS IN THE
FOLLOWING PRIORITY:
(A) FIRST PRIORITY SHALL BE GIVEN TO APPLICANTS WHO HAVE RECEIVED
PAYMENT OF AN AWARD PURSUANT TO THIS SECTION IN A PRIOR YEAR AND WHO, IN
THE YEAR PRIOR TO APPLICATION, ARE TEACHERS IN (I) A SUBJECT SHORTAGE
AREA, OR (II) A HARD TO STAFF SCHOOL DISTRICT;
(B) SECOND PRIORITY SHALL BE GIVEN TO APPLICANTS WHO HAVE NOT RECEIVED
PAYMENT OF AN AWARD PURSUANT TO THIS SECTION IN A PRIOR YEAR AND WHO ARE
TEACHERS IN (I) A SUBJECT SHORTAGE AREA, OR (II) HARD TO STAFF SCHOOL
DISTRICT IN THE YEAR PRIOR TO SUCH APPLICATION; AND
(C) THIRD PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE ECONOMICALLY
DISADVANTAGED AS DEFINED BY THE CORPORATION.
5. AWARDS. THE CORPORATION SHALL GRANT AWARDS PURSUANT TO THE AMOUNT
APPROPRIATED FOR SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS IN AN
AMOUNT UP TO SIX THOUSAND FIVE HUNDRED DOLLARS TO INDIVIDUALS WHO ARE
S. 7506--A 115
EMPLOYED FULL-TIME AS TEACHERS FOR THE SCHOOL YEAR PRIOR TO SUCH APPLI-
CATION, PROVIDED THAT NO RECIPIENT SHALL RECEIVE AN AWARD THAT EXCEEDS
THE TOTAL REMAINING BALANCE OF THE STUDENT LOAN DEBT PURSUANT TO THIS
SECTION, IN EXCESS OF THIRTY-TWO THOUSAND FIVE HUNDRED DOLLARS.
6. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS
OF THIS SECTION. IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE
THE SAME PRIORITY, AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, THAN
THERE ARE REMAINING AWARDS, THE CORPORATION SHALL PROVIDE IN REGULATION
THE METHOD OF DISTRIBUTING THE REMAINING NUMBER OF SUCH AWARDS, WHICH
MAY INCLUDE A LOTTERY OR OTHER FORM OF RANDOM SELECTION.
§ 2. This act shall take effect April 1, 2019, provided however that
effective immediately, the higher education services corporation shall
promulgate rules and regulations necessary to implement the provisions
of this act.
PART CC
Section 1. The private housing finance law is amended by adding a new
article 29 to read as follows:
ARTICLE XXIX
AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
SECTION 1260. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM.
§ 1260. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM. 1.
ESTABLISHMENT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, SHALL DEVELOP AN AFFORDABLE INDEPENDENT SENIOR HOUSING ASSIST-
ANCE PROGRAM, WHICH SHALL PROVIDE GRANTS WITHIN AMOUNTS APPROPRIATED OR
OTHERWISE AVAILABLE THEREFOR TO AFFORDABLE INDEPENDENT SENIOR HOUSING
PROPERTIES TO ESTABLISH AND OPERATE RESIDENT ASSISTANCE PROGRAMS. THE
GRANTS SHALL BE DISTRIBUTED BY THE COMMISSIONER OF HEALTH.
2. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS: (A) "AFFORDABLE INDEPENDENT SENIOR
HOUSING PROPERTY" SHALL MEAN APARTMENT BUILDINGS OR APARTMENT COMPLEXES
OCCUPIED BY INDIVIDUALS OVER SIXTY YEARS OF AGE, WHO LIVE INDEPENDENTLY
AND AT LEAST EIGHTY PERCENT OF WHOM HAVE A TOTAL HOUSEHOLD INCOME THAT
DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME; AND
(B) "RESIDENT ASSISTANCE" SHALL MEAN SUPPORT OFFERED TO RESIDENTS OF
AFFORDABLE INDEPENDENT SENIOR HOUSING PROPERTIES TO HELP PROMOTE HEALTHY
LIVING BY EXTENDING INDEPENDENCE AND IMPROVING QUALITY OF LIFE.
3. ASSISTANCE. RESIDENT ASSISTANCE SHALL BE DETERMINED BY THE COMMIS-
SIONER OF HEALTH; PROVIDED HOWEVER, THAT THE PROVISION OF SUCH ASSIST-
ANCE SHALL NOT INCLUDE ANY SERVICES OR ASSISTANCE THAT REQUIRES THE
PROPERTY TO BE LICENSED AS AN ADULT CARE FACILITY PURSUANT TO ARTICLE
SEVEN OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE PURSU-
ANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW. PRIOR TO ISSUING
ANY GRANTS PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF HEALTH SHALL
SOLICIT INPUT FROM VARIOUS STAKEHOLDERS TO DETERMINE WHAT WOULD CONSTI-
TUTE ASSISTANCE TO ENSURE THAT SUCH ASSISTANCE WOULD NOT REQUIRE SUCH
LICENSURE. A SUMMARY OF SUCH INPUT AND THE DETERMINATION BY THE DEPART-
MENT OF HEALTH AS TO WHETHER THE ASSISTANCE PROVIDED BY THE GRANT APPLI-
CANT WOULD REQUIRE LICENSURE AS AN ADULT CARE FACILITY OR ASSISTED
LIVING RESIDENCE SHALL BE IN WRITING AND SHARED WITH THE VARIOUS STAKE-
HOLDERS PRIOR TO THE APPROVAL OF ANY GRANTS PURSUANT TO THIS SECTION.
4. ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT TO
THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS LOCATED
IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR
S. 7506--A 116
OF SECTION TWELVE HUNDRED THIRTY-ONE OF THIS CHAPTER. FORTY PERCENT OF
THE TOTAL FUNDS AWARDED PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR
SHALL BE ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE, AS
SUCH TERM IS DEFINED IN SUBDIVISION THREE OF SECTION TWELVE HUNDRED
THIRTY-ONE OF THIS CHAPTER. ANY FUNDS APPROPRIATED OR OTHERWISE AVAIL-
ABLE THEREFOR FOR THE PROGRAM MAY BE TRANSFERRED TO THE DEPARTMENT OF
HEALTH. A PORTION OF ANY AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE
THEREFOR MAY BE USED BY THE COMMISSIONER OF HEALTH TO ADMINISTER THE
PROGRAM.
§ 2. This act shall take effect immediately.
PART DD
Section 1. The private housing finance law is amended by adding a new
article 29 to read as follows:
ARTICLE XXIX
RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO
THE ELDERLY PROGRAM
SECTION 1260. STATEMENT OF LEGISLATIVE FINDINGS.
1261. DEFINITIONS.
1262. RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO
THE ELDERLY CONTRACTS.
§ 1260. STATEMENT OF LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A NEED FOR FINAN-
CIAL RESOURCES TO ASSIST SENIOR CITIZEN HOMEOWNERS WITH THE COST OF
ADDRESSING EMERGENCIES AND CODE VIOLATIONS THAT POSE A THREAT TO THEIR
HEALTH AND SAFETY, OR AFFECTING THE LIVABILITY OF THEIR HOME. PROVIDING
ASSISTANCE FOR THE COST OF MAKING SUCH CRITICAL REPAIRS WILL ENABLE MANY
SENIORS TO CONTINUE TO LIVE INDEPENDENTLY IN THEIR OWN HOMES.
§ 1261. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
2. "ELIGIBLE APPLICANT" SHALL MEAN A UNIT OF LOCAL GOVERNMENT OR NOT-
FOR-PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS
PRIOR TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD, INCOR-
PORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND HAS BEEN ENGAGED
PRIMARILY IN HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES.
3. "RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDER-
LY PROGRAMS" SHALL MEAN A SERIES OF ACTIVITIES BY AN ELIGIBLE APPLICANT
TO ADMINISTER FUNDS TO PROVIDE EITHER LOANS OR GRANTS TO HOMEOWNERS
SIXTY YEARS OF AGE OR OLDER, WITH A HOUSEHOLD INCOME OF LESS THAN ONE
HUNDRED PERCENT OF THE AREA MEDIAN INCOME, TO OVERSEE THE ADAPTATION OR
RETROFITTING OF ELIGIBLE PROPERTIES.
4. "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS THE PRIMARY
RESIDENCE OF A PERSON THAT IS SIXTY YEARS OF AGE OR OLDER AND HAVE A
HOUSEHOLD INCOME THAT DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA
MEDIAN INCOME.
§ 1262. RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE
ELDERLY CONTRACTS. 1. WITHIN THE LIMIT OF FUNDS AVAILABLE IN THE RESI-
DENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDERLY PROGRAM,
THE CORPORATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGI-
BLE APPLICANTS TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF A
RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDERLY
PROGRAM. THE FINANCIAL ASSISTANCE SHALL BE EITHER IN THE FORM OF GRANTS
OR LOANS, AS THE CORPORATION SHALL DETERMINE. FUNDS MUST BE USED FOR
ONE- TO FOUR-UNIT DWELLINGS THAT ARE OWNED AND OCCUPIED BY ELIGIBLE
S. 7506--A 117
HOUSEHOLDS, AND WORK UNDERTAKEN CANNOT EXCEED TEN THOUSAND DOLLARS PER
BUILDING. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED PURSU-
ANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ANY RESI-
DENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDERLY PROGRAM
LOCATED WITHIN ANY SINGLE MUNICIPALITY.
2. FROM THE DATE OF THE EMERGENCY REFERRAL, THE ELIGIBLE APPLICANT HAS
UP TO THREE BUSINESS DAYS TO RESPOND AND INSPECT THE ELIGIBLE PROPERTY;
FROM THE DATE OF THE INSPECTION AND ASSESSMENT OF EMERGENCY REPAIR NEED,
THE ELIGIBLE APPLICANT MUST START THE REPAIRS WITHIN FOURTEEN BUSINESS
DAYS; ALL REPAIRS MUST BE COMPLETED WITHIN SIXTY BUSINESS DAYS OF THE
START OF THE REPAIRS.
3. THE TOTAL PAYMENT PURSUANT TO ANY ONE CONTRACT SHALL NOT EXCEED
FIVE HUNDRED THOUSAND DOLLARS AND THE CONTRACT SHALL PROVIDE FOR
COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS COMMENCE-
MENT. UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT
FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE
ELIGIBLE APPLICANT.
4. THE CORPORATION SHALL AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND
SEVEN AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED PLANNING
AND ADMINISTRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
PART EE
Section 1. The private housing finance law is amended by adding a new
article 29 to read as follows:
ARTICLE XXIX
NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
SECTION 1260. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
1261. DEFINITIONS.
1262. ACCESS TO HOME FOR HEROES CONTRACTS.
§ 1260. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY FINDS AND DECLARES THAT MANY DISABLED VETERANS IN NEW YORK STATE
FACE A SIGNIFICANT IMPEDIMENT TO ACCESSIBLE AND AFFORDABLE HOUSING AS A
RESULT OF SERVICE RELATED INJURIES, AGE OR HEALTH RELATED DISABILITIES.
THESE MEN AND WOMEN HAVE SERVED OUR COUNTRY AND STATE WITH HONOR AND
DISTINCTION AND DESERVE TO ACHIEVE MAXIMUM INDEPENDENCE, SOCIAL INTER-
ACTION AND COMMUNITY INTEGRATION. PROVIDING FINANCIAL ASSISTANCE WITH
THE COST OF ADAPTING THE DWELLING UNITS OF OUR DISABLED VETERANS, IS
FUNDAMENTAL TO PROVIDING FOR THE PROMISE OF LIVING SAFELY, COMFORTABLY
AND PRODUCTIVELY IN THE MOST INTEGRATED SETTING OF THEIR CHOICE.
§ 1261. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
2. "ELIGIBLE APPLICANT" SHALL MEAN A CITY, TOWN, VILLAGE OR NOT-FOR-
PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS PRIOR
TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD, INCORPORATED
UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND HAS SUBSTANTIAL EXPERIENCE
IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISABILITIES.
S. 7506--A 118
3. "VETERAN" SHALL MEAN A RESIDENT OF THIS STATE WHO (A) HAS SERVED IN
THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD OR
(B) HAS SERVED ON ACTIVE DUTY OR ORDERED TO ACTIVE DUTY AS DEFINED IN 10
USC 101 (D)(1) AS A MEMBER OF THE NATIONAL GUARD OR OTHER RESERVE COMPO-
NENT OF THE ARMED FORCES OF THE UNITED STATES OR (C) HAS SERVED ON
ACTIVE DUTY OR ORDERED TO ACTIVE DUTY FOR THE STATE, AS A MEMBER OF THE
STATE ORGANIZED MILITIA AS DEFINED IN SUBDIVISION NINE OF SECTION ONE OF
THE MILITARY LAW AND HAS BEEN RELEASED FROM SUCH SERVICE DOCUMENTED BY
AN HONORABLE OR GENERAL DISCHARGE.
4. "DISABLED VETERAN" SHALL MEAN A VETERAN WITH A PERMANENT ANATOMICAL
OR PHYSIOLOGICAL IMPAIRMENT, WHICH SUBSTANTIALLY LIMITS A MAJOR LIFE
ACTIVITY, DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR DIAGNOSTIC
TECHNIQUES. A RECENT PROFESSIONAL EVALUATION MUST BE PROVIDED WHICH
IDENTIFIES THE DISABILITY, DESCRIBES THE SUBSTANTIAL LIMITATION CAUSED
BY THE DISABILITY, AND RECOMMENDS POTENTIAL STRUCTURAL MODIFICATIONS TO
IMPROVE THE ACTIVITIES OF DAILY LIVING WITHIN AND/OR ACCESS TO SUCH
RESIDENCE IN CONSIDERATION OF SUCH DISABILITY.
5. "ACCESS TO HOME FOR HEROES PROGRAMS" OR "PROGRAMS" SHALL MEAN A
SERIES OF ACTIVITIES BY AN ELIGIBLE APPLICANT TO ADMINISTER FUNDS TO
PROVIDE GRANTS TO HOMEOWNERS AND RENTERS AND TO OVERSEE THE ADAPTATION
OR RETROFITTING OF ELIGIBLE PROPERTIES.
6. "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS THE PRIMARY
RESIDENCE OF A DISABLED VETERAN AND A TOTAL HOUSEHOLD INCOME THAT DOES
NOT EXCEED ONE HUNDRED AND TWENTY PERCENT OF AREA MEDIAN INCOME. A PROP-
ERTY SHALL NOT BE CONSIDERED AN ELIGIBLE PROPERTY IF THE OWNER OF THE
PROPERTY IS OTHERWISE OBLIGATED BY FEDERAL, STATE OR LOCAL LAW TO
PROVIDE THE IMPROVEMENTS FUNDED UNDER THIS ARTICLE.
§ 1262. ACCESS TO HOME FOR HEROES CONTRACTS. 1. WITHIN THE LIMIT OF
FUNDS AVAILABLE IN THE ACCESS TO HOME FOR HEROES PROGRAM, THE CORPO-
RATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGIBLE APPLI-
CANTS TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF AN ACCESS
TO HOME FOR HEROES PROGRAM. THE FINANCIAL ASSISTANCE SHALL BE IN THE
FORM OF GRANTS. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED
PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS
TO HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY.
2. THE TOTAL PAYMENT PURSUANT TO ANY ONE CONTRACT SHALL NOT EXCEED
FIVE HUNDRED THOUSAND DOLLARS AND THE CONTRACT SHALL PROVIDE FOR
COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS COMMENCE-
MENT. UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT
FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE
ELIGIBLE APPLICANT.
3. THE CORPORATION SHALL AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND
SEVEN AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED ADMINIS-
TRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
4. THE CORPORATION SHALL REQUIRE THAT, IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE ELIGIBLE APPLICANT SHALL SUBMIT A PLAN
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM FEASIBILITY, IMPACT
ON THE COMMUNITY, BUDGET FOR EXPENDITURE OF PROGRAM FUNDS, A SCHEDULE
FOR COMPLETION OF THE PROGRAM, AFFIRMATIVE ACTION AND MINORITY BUSINESS
PARTICIPATION.
§ 2. This act shall take effect immediately.
PART FF
S. 7506--A 119
Section 1. Subdivision 3 of section 26 of the multiple dwelling law,
as amended by chapter 748 of the laws of 1961, is amended to read as
follows:
3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN THE
ZONING RESOLUTION OF THE CITY OF NEW YORK, THE floor area ratio (FAR) of
any dwelling or dwellings on a lot shall not exceed 12.0, except that a
fireproof class B dwelling in which six or more passenger elevators are
maintained and operated in any city having a local zoning law, ordinance
or resolution restricting districts in such city to residential use, may
be erected in accordance with the provisions of such zoning law, ordi-
nance or resolution, if such class B dwelling is erected in a district
no part of which is restricted by such zoning law, ordinance or resol-
ution to residential uses.
§ 2. This act shall take effect immediately.
PART GG
Section 1. Section 25 of the public housing law is amended by adding a
new subdivision 3 to read as follows:
3. AS OF APRIL FIRST, TWO THOUSAND EIGHTEEN, THE CREDITS ALLOWED TO A
TAXPAYER PURSUANT TO SECTION TWENTY-TWO OF THIS ARTICLE MAY BE TRANS-
FERRED, SOLD OR ASSIGNED TO ANY OTHER PARTY WITHOUT REGARD TO HOW THE
FEDERAL LOW-INCOME HOUSING TAX CREDIT WITH RESPECT TO THE LOW-INCOME
BUILDING IS ALLOCATED; PROVIDED, HOWEVER, PRIOR TO SUCH TRANSFER, SALE
OR ASSIGNMENT, SUCH TAXPAYER SHALL SUBMIT TO THE COMMISSIONER A STATE-
MENT WHICH DESCRIBES THE AMOUNT OF THE LOW-INCOME HOUSING TAX CREDIT FOR
TRANSFER, SALE OR ASSIGNMENT, THE PROPOSED RECIPIENT OF THE CREDIT AND
ANY OTHER INFORMATION REQUIRED BY THE COMMISSIONER.
§ 2. This act shall take effect immediately.
PART HH
Section 1. The section heading of section 467-b of the real property
tax law, as amended by section 1 of chapter 188 of the laws of 2005, is
amended to read as follows:
Tax abatement for rent-controlled and rent regulated property occupied
by senior citizens or persons with disabilities OR PERSONS PAYING A
MAXIMUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE
COMBINED INCOME OF ALL MEMBERS OF THEIR HOUSEHOLD.
§ 2. Paragraph b of subdivision 1 of section 467-b of the real proper-
ty tax law, as amended by section 1 of chapter 188 of the laws of 2005,
is amended to read as follows:
b. "Head of the household" means a person (i) who is sixty-two years
of age or older, or (ii) who qualifies as a person with a disability
pursuant to subdivision five of this section, OR (III) WHO PAYS A MAXI-
MUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED
INCOME OF ALL MEMBERS OF THEIR HOUSEHOLD, and is entitled to the
possession or to the use or occupancy of a dwelling unit;
§ 3. Subdivision 2 of section 467-b of the real property tax law, as
amended by chapter 747 of the laws of 1985, paragraph (c) as added by
chapter 553 of the laws of 2015, paragraph (d) as added by chapter 343
of the laws of 2016, is amended to read as follows:
2. The governing body of any municipal corporation is hereby author-
ized and empowered to adopt, after public hearing, in accordance with
the provisions of this section, a local law, ordinance or resolution
providing for the abatement of taxes of said municipal corporation
S. 7506--A 120
imposed on real property containing a dwelling unit as defined herein by
one of the following amounts: (a) where the head of the household does
not receive a monthly allowance for shelter pursuant to the social
services law, an amount not in excess of that portion of any increase in
maximum rent or legal regulated rent which causes such maximum rent or
legal regulated rent to exceed one-third of the combined income of all
members of the household; or
(b) WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON PAYING A
MAXIMUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE
COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD AND DOES NOT RECEIVE A
MONTHLY ALLOWANCE FOR SHELTER PURSUANT TO THE SOCIAL SERVICES LAW, AN
AMOUNT NOT IN EXCESS OF THAT PORTION OF ANY INCREASE IN MAXIMUM RENT OR
LEGAL REGULATED RENT WHICH CAUSES SUCH MAXIMUM RENT OR LEGAL REGULATED
RENT TO EXCEED ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF THE
HOUSEHOLD; OR
(C) where the head of the household receives a monthly allowance for
shelter pursuant to the social services law, an amount not in excess of
that portion of any increase in maximum rent or legal regulated rent
which is not covered by the maximum allowance for shelter which such
person is entitled to receive pursuant to the social services law.
[(c)] (D) Provided, however, that in a city of a population of one
million or more, where the head of household has been granted a rent
increase exemption order that is in effect as of January first, two
thousand fifteen or takes effect on or before July first, two thousand
fifteen, the amount determined by paragraph (a) of this subdivision
shall be an amount not in excess of the difference between the maximum
rent or legal regulated rent and the amount specified in such order, as
adjusted by any other provision of this section.
[(d)] (E) (1) Provided, however, that in a city with a population of
one million or more, a head of the household who has received a rent
increase exemption order that has expired and who, upon renewal applica-
tion for the period commencing immediately after such expiration, is
determined to be ineligible for a rent increase exemption order because
the combined income of all members of the household exceeds the maximum
amount allowed by this section or the maximum rent or legal regulated
rent does not exceed one-third of the combined income of all members of
the household, may submit a new application during the following calen-
dar year, and if such head of the household receives a rent increase
exemption order that commences during such calendar year, the tax abate-
ment amount for such order shall be calculated as if such prior rent
increase exemption order had not expired. However, no tax abatement
benefits may be provided for the period of ineligibility.
(2) No head of the household may receive more than three rent increase
exemption orders calculated as if a prior rent increase exemption order
had not expired, as described in subparagraph one of this paragraph.
§ 4. Paragraph a of subdivision 3 of section 467-b of the real proper-
ty tax law, as amended by section 1 of part U of chapter 55 of the laws
of 2014, is amended to read as follows:
a. for a dwelling unit where the head of the household is a person
sixty-two years of age or older OR WHERE THE HEAD OF THE HOUSEHOLD PAYS
A MAXIMUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE
COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD, no tax abatement shall
be granted if the combined income of all members of the household for
the income tax year immediately preceding the date of making application
exceeds four thousand dollars, or such other sum not more than twenty-
five thousand dollars beginning July first, two thousand five, twenty-
S. 7506--A 121
six thousand dollars beginning July first, two thousand six, twenty-sev-
en thousand dollars beginning July first, two thousand seven,
twenty-eight thousand dollars beginning July first, two thousand eight,
twenty-nine thousand dollars beginning July first, two thousand nine,
and fifty thousand dollars beginning July first, two thousand fourteen,
as may be provided by the local law, ordinance or resolution adopted
pursuant to this section, provided that when the head of the household
retires before the commencement of such income tax year and the date of
filing the application, the income for such year may be adjusted by
excluding salary or earnings and projecting his or her retirement income
over the entire period of such year.
§ 5. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, subparagraph 1 as amended by section 2 of part U of chapter 55 of
the laws of 2014, is amended to read as follows:
d. "Eligible head of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older, OR A PERSON WHO PAYS A
MAXIMUM RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED INCOME OF ALL
MEMBERS OF THE HOUSEHOLD, and is entitled to the possession or to the
use and occupancy of a dwelling unit, provided, however, with respect to
a dwelling which was subject to a mortgage insured or initially insured
by the federal government pursuant to section two hundred thirteen of
the National Housing Act, as amended "eligible head of the household"
shall be limited to that person or his or her spouse who was entitled to
possession or the use and occupancy of such dwelling unit at the time of
termination of such mortgage, and whose income when combined with the
income of all other members of the household, does not exceed six thou-
sand five hundred dollars for the taxable period, or such other sum not
less than sixty-five hundred dollars nor more than twenty-five thousand
dollars beginning July first, two thousand five, twenty-six thousand
dollars beginning July first, two thousand six, twenty-seven thousand
dollars beginning July first, two thousand seven, twenty-eight thousand
dollars beginning July first, two thousand eight, twenty-nine thousand
dollars beginning July first, two thousand nine, and fifty thousand
dollars beginning July first, two thousand fourteen, as may be provided
by local law; or (2) a person with a disability as defined in this
subdivision.
§ 6. Subparagraph 1 of paragraph a of subdivision 3 of section 467-c
of the real property tax law, as amended by chapter 747 of the laws of
1985, is amended to read as follows:
(1) where the eligible head of the household WHO IS EITHER SIXTY-TWO
YEARS OF AGE OR OLDER OR IS DISABLED does not receive a monthly allow-
ance for shelter pursuant to the social services law, the amount by
which increases in the maximum rent subsequent to such person's eligi-
bility date have resulted in the maximum rent exceeding one-third of the
combined income of all members of the household for the taxable period,
OR WHERE THE ELIGIBLE HEAD OF THE HOUSEHOLD IS A PERSON WHO PAYS A MAXI-
MUM RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF
THE HOUSEHOLD AND DOES NOT RECEIVE A MONTHLY ALLOWANCE FOR SHELTER
PURSUANT TO THE SOCIAL SERVICES LAW, THE AMOUNT BY WHICH INCREASES IN
THE MAXIMUM RENT SUBSEQUENT TO SUCH PERSON'S DATE HAVE RESULTED IN THE
MAXIMUM RENT EXCEEDING ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF
THE HOUSEHOLD FOR THE TAXABLE PERIOD, except that in no event shall a
rent increase exemption order/tax abatement certificate become effective
prior to January first, nineteen hundred seventy-six; or
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§ 7. The state comptroller shall annually pay to each city providing
real property tax abatements pursuant to sections 467-b and 467-c of the
real property tax law an amount equal to 10 per centum of the real prop-
erty tax revenue lost during the city fiscal year due to the implementa-
tion of the provisions of this act. Each city eligible for state
payments pursuant to this section shall provide the state comptroller
with such information as he or she shall deem necessary.
§ 8. This act shall take effect July 1, 2018; provided however, that
a. the amendments to section 467-b of the real property tax law, made
by sections one, two, three and four of this act shall be subject to the
expiration and reversion of such section pursuant to section 17 of chap-
ter 576 of the laws of 1974, and shall expire and be deemed repealed
therewith;
b. the amendments to paragraph a of subdivision 3 of section 467-b of
the real property tax law, made by section four of this act shall be
subject to the expiration of such paragraph pursuant to section 4 of
part U of chapter 55 of the laws of 2014, as amended, and shall be
deemed to expire therewith; and
c. the amendments to subparagraph 1 of paragraph d of subdivision 1 of
section 467-c of the real property tax law, made by section five of this
act shall not affect the expiration of such subparagraph pursuant to
section 4 of part U of chapter 55 of the laws of 2014, as amended, and
shall expire and be deemed repealed therewith.
PART II
Section 1. There is hereby established the New York city tax reform
study commission to provide the governor and the legislature with a
blueprint for reforming the local real property tax system in the city
of New York.
§ 2. The New York city tax reform study commission shall consist of 11
members appointed by the governor: three members shall be appointed upon
the recommendation of the temporary president of the senate, three
members shall be appointed upon the recommendation of the speaker of the
assembly, two members shall be appointed upon the recommendation of the
mayor of the city of New York, one member shall be appointed upon the
recommendation of the speaker of the city council of the city of New
York, one member shall be appointed upon the recommendation of the
minority leader of the senate, and one member shall be appointed upon
the recommendation of the minority leader of the assembly. Such commis-
sion shall include at least one member representative of each of the
following: the New York city municipal government, academia, real
estate industry and a recognized labor organization, all based in the
city of New York.
§ 3. On or before January 1, 2020, the New York city tax reform study
commission shall provide the governor and the legislature with recommen-
dations on any changes that should be made to, at a minimum, the class
share system, assessment process and tax rate formulae utilized within
the city of New York.
§ 4. The New York city tax reform study commission shall be assisted
in its powers and duties pursuant to this act by personnel employed by
state and city of New York agencies including, but not limited to, the
state department of taxation and finance and the department of finance
of the city of New York.
§ 5. This act shall take effect immediately.
S. 7506--A 123
PART JJ
Section 1. Paragraph e of subdivision 1 of section 467-b of the real
property tax law, as amended by chapter 555 of the laws of 1977, is
amended to read as follows:
e. "Increase in maximum rent or legal regulated rent" means any
increase in the maximum rent or the legal regulated rent for the dwell-
ing unit in question pursuant to the applicable rent control law or to
the emergency tenant protection act of nineteen seventy-four, respec-
tively, or such classes of increase thereunder as may be specified in a
local law, ordinance or resolution enacted pursuant to this section,
over such base period rent as shall be provided therein or an exemption
from the maximum rent or legal regulated rent as specified in paragraph
c or d of subdivision three of this section; PROVIDED, HOWEVER, THAT, IN
CITIES HAVING A POPULATION OF ONE MILLION OR MORE, IF THE RENT FOR THE
DWELLING UNIT, AT THE TIME A TAX ABATEMENT CERTIFICATE IS ISSUED, IS
LESS THAN THE MAXIMUM RENT OR THE LEGAL REGULATED RENT FOR SUCH DWELLING
UNIT PURSUANT TO THE APPLICABLE RENT CONTROL LAW OR TO THE EMERGENCY
TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THEN "INCREASE IN MAXI-
MUM RENT OR LEGAL REGULATED RENT" MEANS ANY INCREASE IN THE RENT PAID
FOR THE DWELLING UNIT, WHICH SHALL NOT EXCEED THE MAXIMUM RENT OR THE
LEGAL REGULATED RENT, AT THE TIME A TAX ABATEMENT CERTIFICATE IS TO BE
ISSUED;
§ 2. This act shall take effect immediately; provided, however, that
the amendments to paragraph e of subdivision 1 of 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.
PART KK
Section 1. Subparagraph (ii) of paragraph 3 of subdivision d of
section 11-243 of the administrative code of the city of New York, as
amended by local law number 49 of the city of New York for the year
1993, is amended to read as follows:
(ii) is owned as a condominium and is occupied as the residence or
home of three or more families living independently of each other;
provided, however, that, in addition to all other conditions of eligi-
bility for the benefits of this section, except for multiple dwellings
in which units have been newly created by substantial rehabilitation of
vacant buildings or conversions of non-residential buildings, the avail-
ability of benefits under this section for such multiple dwellings,
buildings or structures shall be conditioned on the following: (a)
alterations or improvements to at least one building-wide system are
part of the application for benefits, and (b) (i) the assessed valuation
of such multiple dwelling, building, or structure, including land, shall
not exceed an average of [thirty] FIFTY thousand dollars per dwelling
unit at the time of the commencement of the alterations or improvements,
and (ii) during the three years immediately preceding the commencement
of the alterations or improvements the average per room sale price of
the dwelling units or the stock allocated to such dwelling units shall
have been no greater than thirty-five percent of the maximum mortgage
amount for a single family home eligible for purchase by the Federal
National Mortgage Association; provided that if less than ten percent of
the dwelling units or an amount of stock less than the amount allocable
to ten percent of such dwelling units was not transferred during such
preceding three year period, eligibility for benefits shall be condi-
S. 7506--A 124
tioned upon the multiple dwelling, building, or structure having an
assessed valuation per dwelling unit of no more than twenty-five thou-
sand dollars at the time of the commencement of the alterations or
improvements. Provided, further, that such benefits shall be available
only for alterations or improvements commenced on or after June first,
nineteen hundred eighty-six.
§ 2. The opening paragraph of paragraph (a) of subdivision 1 of
section 489 of the real property tax law, as amended by section 19 of
part A of chapter 20 of the laws of 2015, is amended to read as follows:
Any city to which the multiple dwelling law is applicable, acting
through its local legislative body or other governing agency, is hereby
authorized and empowered, to and including January first, two thousand
[nineteen] TWENTY-TWO, to adopt and amend local laws or ordinances
providing that any increase in assessed valuation of real property shall
be exempt from taxation for local purposes, as provided herein, to the
extent such increase results from:
§ 3. The closing paragraph of subparagraph 6 of paragraph (a) of
subdivision 1 of section 489 of the real property tax law, as amended by
section 20 of part A of chapter 20 of the laws of 2015, is amended to
read as follows:
Such conversion, alterations or improvements shall be completed within
thirty months after the date on which same shall be started except that
such thirty month limitation shall not apply to conversions of residen-
tial units which are registered with the loft board in accordance with
article seven-C of the multiple dwelling law pursuant to subparagraph
one of this paragraph. Notwithstanding the foregoing, a sixty month
period for completion shall be available for alterations or improvements
undertaken by a housing development fund company organized pursuant to
article eleven of the private housing finance law, which are carried out
with the substantial assistance of grants, loans or subsidies from any
federal, state or local governmental agency or instrumentality or which
are carried out in a property transferred from such city if alterations
and improvements are completed within seven years after the date of
transfer. In addition, the local housing agency is hereby empowered to
grant an extension of the period of completion for any project carried
out with the substantial assistance of grants, loans or subsidies from
any federal, state or local governmental agency or instrumentality, if
such alterations or improvements are completed within sixty months from
commencement of construction. Provided, further, that such conversion,
alterations or improvements shall in any event be completed prior to
June thirtieth, two thousand [nineteen] TWENTY-TWO. Exemption for
conversions, alterations or improvements pursuant to subparagraph one,
two, three or four of this paragraph shall continue for a period not to
exceed fourteen years and begin no sooner than the first quarterly tax
bill immediately following the completion of such conversion, alter-
ations or improvements. Exemption for alterations or improvements pursu-
ant to this subparagraph or subparagraph five of this paragraph shall
continue for a period not to exceed thirty-four years and shall begin no
sooner than the first quarterly tax bill immediately following the
completion of such alterations or improvements. Such exemption shall be
equal to the increase in the valuation which is subject to exemption in
full or proportionally under this subdivision for ten or thirty years,
whichever is applicable. After such period of time, the amount of such
exempted assessed valuation of such improvements shall be reduced by
twenty percent in each succeeding year until the assessed value of the
improvements are fully taxable. Provided, however, exemption for any
S. 7506--A 125
conversion, alterations or improvements which are aided by a loan or
grant under article eight, eight-A, eleven, twelve, fifteen or twenty-
two of the private housing finance law, section six hundred ninety-six-a
or section ninety-nine-h of the general municipal law, or section three
hundred twelve of the housing act of nineteen hundred sixty-four (42
U.S.C.A. 1452b), or the Cranston-Gonzalez national affordable housing
act (42 U.S.C.A. 12701 et. seq.), or started after July first, nineteen
hundred eighty-three by a housing development fund company organized
pursuant to article eleven of the private housing finance law which are
carried out with the substantial assistance of grants, loans or subsi-
dies from any federal, state or local governmental agency or instrumen-
tality or which are carried out in a property transferred from any city
and where alterations and improvements are completed within seven years
after the date of transfer may commence at the beginning of any tax
quarter subsequent to the start of such conversion, alterations or
improvements and prior to the completion of such conversion, alterations
or improvements.
§ 4. This act shall take effect immediately.
PART LL
Section 1. Subdivision 4 of section 933 of the labor law, as amended
by chapter 90 of the laws of 2015, is amended to read as follows:
4. a federal, state or local governmental unit or public authority and
employees thereof that perform mold assessment, remediation, or abate-
ment on any property owned, managed or remediated by such governmental
unit or authority; PROVIDED, HOWEVER, THAT THE EXEMPTION UNDER THIS
SUBDIVISION SHALL NOT APPLY TO THE NEW YORK CITY HOUSING AUTHORITY.
§ 2. This act shall take effect immediately.
PART MM
Section 1. The administrative code of the city of New York is amended
by adding a new section 25-116 to read as follows:
§ 25-116 NEW YORK CITY HOUSING AUTHORITY REPAIR CERTIFICATE PROGRAM.
A. THE CITY PLANNING COMMISSION SHALL ESTABLISH THE NEW YORK CITY HOUS-
ING AUTHORITY REPAIR CERTIFICATE PROGRAM, IN COOPERATION WITH THE NEW
YORK CITY HOUSING AUTHORITY. UNDER SUCH PROGRAM, THE CITY PLANNING
COMMISSION SHALL GRANT AMENDMENTS TO ZONING RESOLUTIONS WHICH INCREASE
THE ALLOWABLE DEVELOPMENT IN AREAS COVERED BY A NEW YORK CITY HOUSING
AUTHORITY REPAIR CERTIFICATE ISSUED PURSUANT TO SECTION FOUR HUNDRED
TWO-D OF THE PUBLIC HOUSING LAW.
B. THE CITY PLANNING COMMISSION SHALL FOR EACH APPLICATION FOR AN
AMENDMENT OF A ZONING RESOLUTION, ESTABLISH THE PER FOOT VALUE OF ANY
NEW YORK CITY HOUSING AUTHORITY REPAIR CERTIFICATE ISSUED IN THE AREAS
COVERED BY SUCH AMENDMENT AND THE MAXIMUM ALLOWED FOOT AREA RATIO THAT
MAY BE GRANTED TO THE HOLDER OF SUCH CERTIFICATE IN THE NEWLY ZONED
AREA. SUCH PER FOOT VALUE SHALL BE UPDATED ANNUALLY BASED UPON INCREASES
IN THE CONSUMER PRICE INDEX FOR HOUSING COSTS IN THE NEW YORK CITY
METROPOLITAN AREA.
C. A DEVELOPER WHO SEEKS TO OBTAIN AN INCREASED FOOT AREA RATIO IN A
NEWLY ZONED AREA, BY MEANS OF BEING THE HOLDER OF A NEW YORK CITY HOUS-
ING AUTHORITY REPAIR CERTIFICATE, SHALL SUBMIT AN APPLICATION THEREFOR
TO THE CITY PLANNING COMMISSION. SUCH COMMISSION SHALL WITHIN SEVEN DAYS
OF RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION, FORWARD IT TO
THE NEW YORK CITY HOUSING AUTHORITY, ALONG WITH THE PER FOOT VALUE TO BE
S. 7506--A 126
GRANTED IF THE APPLICANT RECEIVES A REPAIR CERTIFICATE FROM SUCH AUTHOR-
ITY.
D. UPON CERTIFICATION BY THE NEW YORK CITY HOUSING AUTHORITY THAT A
DEVELOPER HAS BEEN AWARDED A REPAIR CERTIFICATE, THE CITY PLANNING
COMMISSION SHALL APPROVE SUCH DEVELOPER'S APPLICATION SUBMITTED PURSUANT
TO THIS SECTION.
E. THE TRANSFER OF A CERTIFICATE MUST BE REGISTERED WITH THE CITY
PLANNING COMMISSION WITHIN SEVEN DAYS OF THE TRANSFER.
§ 2. The public housing law is amended by adding a new section 402-d
to read as follows:
§ 402-D. ISSUANCE OF REPAIR CERTIFICATE. 1. THE NEW YORK CITY HOUSING
AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY PLANNING COMMISSION,
SHALL ESTABLISH PROCEDURES AND GUIDELINES FOR THE AWARDING OF REPAIR
CERTIFICATES BY SUCH AUTHORITY TO DEVELOPERS WHICH PERFORM CAPITAL
REPAIRS TO A PROJECT OPERATED BY THE AUTHORITY. NO SUCH CERTIFICATE
SHALL BE AWARDED BASED UPON THE PERFORMANCE OF ANY WORK WHICH WOULD
CONSTITUTE REGULAR MAINTENANCE UPON ANY PROJECT OPERATED BY SUCH AUTHOR-
ITY. THE PROCEDURES AND GUIDELINES ESTABLISHED PURSUANT TO THIS SUBDIVI-
SION SHALL PROVIDE MAXIMUM ALLOWABLE COSTS FOR VARIOUS KINDS AND TYPES
OF CAPITAL REPAIR PROJECTS.
2. THERE SHALL BE ESTABLISHED, WITHIN THE NEW YORK CITY HOUSING
AUTHORITY, AN OFFICE OF REPAIR CERTIFICATION. SUCH OFFICE SHALL ADMINIS-
TER THE REPAIR CERTIFICATE PROGRAM. THE OFFICE SHALL ESTABLISH LISTS OF
REPAIR PROJECTS, TO AUTHORITY FACILITIES, WHICH SHALL BE ELIGIBLE FOR
THE REPAIR CERTIFICATE PROGRAM, THE ESTIMATED VALUE OF EACH SUCH REPAIR
PROJECT, AND THE PRIORITY OF EACH REPAIR PROJECT BASED UPON ITS URGENCY
AND/OR IMPORTANCE.
3. THE OFFICE OF REPAIR CERTIFICATION SHALL RECEIVE EACH APPLICATION
FORWARDED TO THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO SUBDIVISION
C OF SECTION 25-116 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
WITHIN TEN DAYS OF RECEIVING AN APPLICATION, THE OFFICE SHALL CONTACT
THE APPLICANT AND PROVIDE IT WITH A LIST OF ELIGIBLE REPAIR PROJECTS
EQUAL IN VALUE TO THE BENEFIT TO BE PROVIDED TO SUCH APPLICANT BY THE
CITY PLANNING COMMISSION. SUCH LIST SHALL, TO THE EXTENT PRACTICABLE,
INCLUDE ONLY THOSE ELIGIBLE REPAIR PROJECTS WITHIN THE SAME NEIGHBORHOOD
INCLUDED IN THE AREA TO WHICH THE REQUESTED AMENDMENT TO THE ZONING
RESOLUTION RELATES, REGARDLESS OF THE IMPORTANCE OR URGENCY OF THE
REPAIR PROJECT. PROVIDED, HOWEVER, IF NO SUCH ELIGIBLE REPAIR PROJECTS
EXIST IN THE NEIGHBORHOOD, THEN THE PROJECTS SHALL BE LISTED IN ORDER OF
PRIORITY.
4. UPON RECEIPT OF A LIST FROM THE OFFICE, AN APPLICANT MUST REPLY
WITHIN THIRTY DAYS. IF THE APPLICANT FAILS TO DO SO, ITS APPLICATION
SHALL BE TERMINATED. SUCH REPLY TO THE OFFICE SHALL INCLUDE DESIGNATION
OF THE PROJECT OR PROJECTS THE APPLICANT DESIRES TO COMPLETE, THE APPLI-
CANT'S ESTIMATE OF THE COST OF COMPLETING THE REPAIR PROJECT, AND A
TIMELINE FOR THE COMPLETION OF THE PROJECT.
5. THE OFFICE OF REPAIR CERTIFICATION SHALL, WITHIN FOURTEEN DAYS OF
RECEIVING AN APPLICANT'S REPLY, REVIEW THE COSTS AND PROJECT PLAN
SUBMITTED, AND EITHER APPROVE OR DISAPPROVE SUCH REPLY. IF AN APPLI-
CANT'S SUBMISSION IS DISAPPROVED, IT SHALL HAVE FIFTEEN DAYS TO RESUBMIT
A NEW PROJECT PLAN AND ESTIMATE OF COSTS FOR REVIEW BY THE OFFICE. UPON
A SECOND SUBMISSION, THE OFFICE SHALL AGAIN MAKE A DETERMINATION WITHIN
FOURTEEN DAYS, AND, IF THE PLAN IS DISAPPROVED, THE OFFICE SHALL PROVIDE
THE APPLICANT WITH A WRITTEN EXPLANATION THEREFOR.
6. FOR ANY REPAIR PROJECT PLAN THAT IS APPROVED BY THE OFFICE OF
REPAIR CERTIFICATION WHERE THE APPLICANT'S ESTIMATED COST THEREOF
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EXCEEDS THE VALUE OF THE PROJECT ESTABLISHED BY THE OFFICE, SUCH OFFICE
SHALL PROVIDE NOTICE TO THE CITY PLANNING COMMISSION THAT THE ZONING
VALUATION OF THE ZONING AMENDMENT MUST BE ADJUSTED WITHIN SEVEN DAYS.
7. UPON COMPLETION OF THE AGREED UPON REPAIR PROJECT OR PROJECTS BY
THE APPLICANT, THE OFFICE SHALL AWARD THE APPLICANT A CERTIFICATE OF
COMPLETION AND PROVIDE A COPY THEREOF TO THE CITY PLANNING COMMISSION
WITHIN FOURTEEN DAYS OF CERTIFYING THE COMPLETION OF THE PROJECT.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
PART NN
Section 1. The public housing law is amended by adding a new section
402-d to read as follows:
§ 402-D. NEW YORK CITY COUNCIL OVERSIGHT. THE NEW YORK CITY COUNCIL
AS ESTABLISHED IN SECTION TWENTY-ONE OF THE NEW YORK CITY CHARTER IS
EMPOWERED TO MANDATE THAT THE NEW YORK CITY HOUSING AUTHORITY PRODUCE
REPORTS ABOUT ANY FACETS OF ITS OPERATIONS OR THE CONDITION OF THE
PROJECTS UNDER ITS MANAGEMENT, INCLUDING ANY PROJECT BASED SECTION EIGHT
VOUCHER DEVELOPMENTS IN WHICH THE AUTHORITY HAS AN OWNERSHIP STAKE,
THROUGH THE PASSAGE OF A LOCAL LAW. SUCH A LAW SHALL DETERMINE WHICH
INFORMATION IS TO BE INCLUDED IN THE REPORT, THE DEADLINE FOR THE
PRODUCTION OF THE REPORT, WHETHER THE REPORTING MANDATE APPLIES ONCE OR
IS RECURRING, AND WHICH LOCAL AUTHORITIES SHALL RECEIVE COPIES. A COPY
OF ANY SUCH REPORTS MUST BE PROVIDED TO THE COMMISSIONER AND SHALL BE
CONSIDERED AN AGENCY DOCUMENT FOR THE PURPOSES OF ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
§ 2. Subdivision a of section 29 of the New York city charter, as
added by a vote of the people of the city of New York at the general
election held in November 1989, is amended to read as follows:
a. The council, acting as a committee of the whole, and each standing
or special committee of the council, through hearings or otherwise:
1. [may] MAY investigate any matters within its jurisdiction relating
to the property, affairs, or government of the city or of any county
within the city, or to any other powers of the council, or to the effec-
tuation of the purposes or provisions of this charter or any laws relat-
ing to the city or to any county within the city.
2. [shall] SHALL review on a regular and continuous basis the activ-
ities of the agencies of the city, including their service goals and
performance and management efficiency. Each unit of appropriation in
the adopted budget of the city shall be assigned to a standing commit-
tee. Each standing committee of the council shall hold at least one
hearing each year relating to the activities of each of the agencies
under its jurisdiction.
3. SHALL REVIEW ON A REGULAR AND CONTINUOUS BASIS THE ACTIVITIES OF
THE NEW YORK CITY HOUSING AUTHORITY, INCLUDING THE SERVICE GOALS,
PERFORMANCE AND MANAGEMENT EFFICIENCY OF SUCH AUTHORITY. SUCH AUTHORITY
SHALL BE ASSIGNED TO A STANDING COMMITTEE. SUCH STANDING COMMITTEE OF
THE COUNCIL SHALL HOLD AT LEAST ONE HEARING EACH YEAR RELATING TO THE
ACTIVITIES OF THE NEW YORK CITY HOUSING AUTHORITY.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
S. 7506--A 128
PART OO
Section 1. The public housing law is amended by adding a new section
402-d to read as follows:
§ 402-D. INDEPENDENT MONITOR. 1. THERE SHALL BE ESTABLISHED WITHIN THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, AN OFFICE OF INDEPENDENT
MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY. THE HEAD OF SUCH OFFICE
SHALL BE THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR. THE
INDEPENDENT MONITOR SHALL BE APPOINTED BY THE GOVERNOR IN CONSULTATION
WITH THE CITYWIDE COUNCIL OF PRESIDENTS FOR TENANT LEADERS OF THE NEW
YORK CITY HOUSING AUTHORITY AND WITH THE CITY COUNCIL OF THE CITY OF NEW
YORK WHO SHALL SUBMIT RECOMMENDATIONS TO THE GOVERNOR FOR APPOINTMENT OF
THE INDEPENDENT MONITOR. THE INDEPENDENT MONITOR SHALL BE APPOINTED,
WITH THE ADVICE AND CONSENT OF THE SENATE FOR A TERM OF THREE YEARS;
PROVIDED, HOWEVER, THAT AN INDEPENDENT MONITOR MAY BE REMOVED, BY THE
GOVERNOR, PRIOR TO THE EXPIRATION OF HIS OR HER TERM, AFTER AN OPPORTU-
NITY TO BE HEARD, FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT IN
OFFICE, OR INABILITY TO CARRY OUT THE DUTIES OF SUCH OFFICE. ANY VACANCY
IN THE OFFICE OF NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR
PRIOR TO THE EXPIRATION OF HIS OR HER TERM SHALL BE FILLED IN THE SAME
MANNER AS PROVIDED FOR THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF
SUCH UNEXPIRED TERM. UPON THE EXPIRATION OF THE TERM OF ANY INDEPENDENT
MONITOR, HIS OR HER SUCCESSOR SHALL BE APPOINTED FOR A TERM OF FOUR
YEARS.
2. THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR SHALL
EMPLOY AND MAY REMOVE SUCH PERSONNEL AS HE OR SHE MAY DEEM NECESSARY FOR
THE PERFORMANCE OF THE DUTIES OF THE OFFICE OF INDEPENDENT MONITOR FOR
THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO THIS SECTION, AND FIX
THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
3. (A) SUCH INDEPENDENT MONITOR, OR ANY OFFICER OR EMPLOYEE OF THE
OFFICE OF INDEPENDENT MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY AS
SHALL BE DESIGNATED BY HIM OR HER, SHALL HAVE THE AUTHORITY TO, AND MAY,
IN HIS OR HER SOLE DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR
IN PART, OF ANY PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED
CORRECTIVE OR OTHER ACTION TO THE NEW YORK CITY HOUSING AUTHORITY IN
CONNECTION WITH SUCH PROJECT.
(B) 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.
(C) THE NEW YORK CITY HOUSING AUTHORITY UPON UNDERTAKING SUCH PROJECT
SHALL FULLY COOPERATE WITH ANY DETERMINATION OF THE NEW YORK CITY HOUS-
ING AUTHORITY INDEPENDENT MONITOR, AND PROVIDE ACCESS TO ALL PERSONNEL,
BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY
BE NECESSARY FOR SUCH INDEPENDENT MONITOR TO PERFORM HIS OR HER DUTIES.
(D) IN THE EVENT THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONI-
TOR DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR SUCH A
PROJECT, THEN THE INDEPENDENT MONITOR SHALL HAVE THE AUTHORITY TO DIRECT
THAT THE NEW YORK CITY HOUSING AUTHORITY SHALL IMPLEMENT ALL CORRECTIVE
OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOMPLISH THE PROJECT, TO THE
EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL
COST TO SUCH AUTHORITY. SUCH CORRECTIVE OR OTHER ACTION SHALL INCLUDE,
BUT NOT BE LIMITED TO:
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(I) MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES
OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILI-
TIES;
(II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE;
(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) TERMINATION OF 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
PUBLIC;
(IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI-
TIONAL RESOURCES PROVIDED BY THE NEW YORK CITY HOUSING AUTHORITY INDE-
PENDENT MONITOR; AND
(X) PERIODIC PROJECT REVIEW AND AUDIT BY THE NEW YORK CITY HOUSING
AUTHORITY INDEPENDENT MONITOR ON A SUITABLE TIME INTERVAL DETERMINED BY
SUCH MONITOR.
(E) THE NEW YORK CITY HOUSING AUTHORITY UPON PROPOSING A PUBLIC WORKS
PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF ONE
MILLION DOLLARS SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SUBDI-
VISION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS.
(F) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE PROVISIONS
OF THIS SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A
CONDITION OF PERFORMANCE.
4. THE INDEPENDENT MONITOR SHALL, ON OR BEFORE FEBRUARY FIRST EACH
YEAR, SUBMIT TO THE GOVERNOR, EACH CONFERENCE OF THE LEGISLATURE, THE
AUTHORITY, AND THE MAYOR AND THE CITY COUNCIL OF THE CITY OF NEW YORK, A
REPORT ON HIS OR HER ACTIVITIES PURSUANT TO THIS SECTION DURING THE
PREVIOUS CALENDAR YEAR, INCLUDING ANY CORRECTIVE ACTIONS THAT WERE
REQUIRED TO BE TAKEN, AND SHALL ALSO REPORT UPON THE STATUS OF ALL
PROJECTS UNDER TAKEN BY THE NEW YORK CITY HOUSING AUTHORITY AND WHETHER
SUCH PROJECTS ARE PROGRESSING ON SCHEDULE AND WITHIN BUDGET.
§ 2. This act shall take effect immediately.
PART PP
Section 1. The public housing law is amended by adding a new section
402-d to read as follows:
§ 402-D. NEW YORK CITY HOUSING AUTHORITY 311 HOTLINE. THE NEW YORK
CITY HOUSING AUTHORITY IS AUTHORIZED AND DIRECTED TO ESTABLISH, IN COOR-
DINATION WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNI-
CATIONS OF THE CITY OF NEW YORK, A SYSTEM WHEREBY RESIDENTS OF ANY
PROJECT OPERATED BY SUCH AUTHORITY MAY REPORT HOUSING VIOLATIONS AND
SUBMIT OTHER COMPLAINTS THROUGH THE EXISTING 311 CITIZENS SERVICE CENTER
THAT IS OPERATED BY THE NEW YORK CITY DEPARTMENT OF INFORMATION TECHNOL-
OGY AND TELECOMMUNICATIONS.
§ 2. The New York city charter is amended by adding a new section 1076
to read as follows:
§ 1076. NEW YORK CITY HOUSING AUTHORITY 311 HOTLINE. THE DEPARTMENT IS
AUTHORIZED AND DIRECTED TO ESTABLISH, IN COORDINATION WITH THE NEW YORK
CITY HOUSING AUTHORITY, A SYSTEM WHEREBY THE EXISTING 311 HOTLINE
ACCEPTS CALLS FROM NEW YORK CITY HOUSING AUTHORITY RESIDENTS. THE
S. 7506--A 130
DEPARTMENT OR THE CITY COUNCIL MAY PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO ACCEPT AND PROCESS COMPLAINTS FROM TENANTS OF PUBLIC HOUS-
ING PROJECTS OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY. THE
DEPARTMENT SHALL FURTHER ESTABLISH RULES AND PROCEDURES FOR THE TIMELY
AND EFFECTIVE TRANSMISSION OF SUCH RESIDENT COMPLAINTS TO THE NEW YORK
CITY HOUSING AUTHORITY IN COORDINATION WITH THE DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the New York City Housing Authority and the department of informa-
tion technology and telecommunications of the city of New York are
authorized and directed to promulgate any rules and regulations neces-
sary to implement the provisions of this act on its effective date on or
before such date.
PART QQ
Section 1. Section 26-605 of the administrative code of the city of
New York is amended by adding a new subdivision (c-1) to read as
follows:
(C-1) FOR ANY ELIGIBLE HEAD OF HOUSEHOLD WHO SUBMITS AN APPLICATION
FOR A RENT INCREASE EXEMPTION ORDER PURSUANT TO SUBDIVISION (A) OR (B)
OF THIS SECTION, THE DATE OF SUCH APPLICATION SHALL BE DEEMED TO BE (I)
THE DATE OF THE APPLICANT'S INITIAL ELIGIBILITY FOR A RENT INCREASE
EXEMPTION ORDER, IF THE ACTUAL DATE OF SUBMISSION OF THE APPLICATION IS
TWO YEARS OR LESS AFTER SUCH DATE OF INITIAL ELIGIBILITY, OR (II) THE
DATE WHICH IS TWO YEARS PRIOR TO THE ACTUAL DATE OF THE SUBMISSION OF
THE APPLICATION, IF SUCH APPLICATION IS SUBMITTED MORE THAN TWO YEARS
AFTER THE APPLICANT'S DATE OF INITIAL ELIGIBILITY FOR A RENT INCREASE
EXEMPTION ORDER, AND THE CALCULATION OF SUCH RENT INCREASE EXEMPTION,
PROSPECTIVELY, SHALL BE BASED UPON THE APPLICANT'S INITIAL DATE OF
ELIGIBILITY AND NOT UPON THE DATE OF SUCH APPLICATION, PROVIDED, HOWEV-
ER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THE
CALCULATION OF BENEFITS AND NO PRIOR RENTAL PAYMENTS ATTRIBUTABLE TO ANY
RENT INCREASE PRIOR TO THE DATE OF APPLICATION SHALL BE SUBJECT TO
RECOUPMENT.
§ 2. This act shall take effect immediately.
PART RR
Section 1. Section 54-m of the state finance law, as added by section
104 of part WWW of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 54-m. Local share requirements associated with increasing the age of
juvenile jurisdiction above fifteen years of age. Notwithstanding any
other provision of law to the contrary, counties and the city of New
York shall not be required to contribute a local share of eligible
expenditures that would not have been incurred absent the provisions of
[a] chapter FIFTY-NINE of the laws of two thousand seventeen that added
this section [unless the most recent budget adopted by a county that is
subject to the provisions of section three-c of the general municipal
law exceeded the tax levy limit prescribed in such section or the local
government is not subject to the provisions of section three-c of the
general municipal law; provided, however, that the state budget director
shall be authorized to waive any local share of expenditures associated
with a chapter of the laws of two thousand seventeen that increased the
S. 7506--A 131
age of juvenile jurisdiction above fifteen years of age, upon a showing
of financial hardship by a county or the city of New York upon applica-
tion in the form and manner prescribed by the division of the budget. In
evaluating an application for a financial hardship waiver, the budget
director shall consider the incremental cost to the locality related to
increasing the age of juvenile jurisdiction, changes in state or federal
aid payments, and other extraordinary costs, including the occurrence of
a disaster as defined in paragraph a of subdivision two of section twen-
ty of the executive law, repair and maintenance of infrastructure, annu-
al growth in tax receipts, including personal income, business and other
taxes, prepayment of debt service and other expenses, or such other
factors that the director may determine].
§ 2. This act shall take effect on the same date as section 104 of
part WWW of chapter 59 of the laws of 2017 takes effect.
§ 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 judgement 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
judgement shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through RR of this act shall be
as specifically set forth in the last section of such Parts.