S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2961
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to enacting  the  college
   textbook  affordability  act;  and  providing  for  the repeal of such
   provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "college textbook affordability act".
   § 2. The education law is amended by adding a new article 15-D to read
 as follows:
                               ARTICLE 15-D
                    COLLEGE TEXTBOOK AFFORDABILITY ACT
 SECTION 730. LEGISLATIVE INTENT.
         731. NEW YORK STATE OPEN EDUCATION RESOURCES COUNCIL.
         732. NEW YORK STATE OPEN SOURCE DIGITAL LIBRARY.
         733. OPEN EDUCATIONAL RESOURCES ADOPTION INCENTIVE PROGRAM.
         734. OPEN  EDUCATIONAL  RESOURCES  ADOPTION  INCENTIVE   PROGRAM
                CAMPUS PLAN.
   §  730.  LEGISLATIVE INTENT. THE COLLEGE TEXTBOOK AFFORDABILITY ACT IS
 HEREBY ENACTED TO REDUCE  COSTS  FOR  COLLEGE  STUDENTS  BY  ENCOURAGING
 FACULTY  TO  ACCELERATE  THE  ADOPTION OF LOWER COST, HIGH-QUALITY, OPEN
 EDUCATIONAL RESOURCES. FACULTY DEVELOPMENT SHALL BE A KEY  COMPONENT  OF
 THIS  ACCELERATION INITIATIVE. THIS INITIATIVE SHALL USE, IN ADDITION TO
 ANY OTHER APPROPRIATE RESOURCES, THOSE IDENTIFIED, HOUSED, PRODUCED, AND
 OTHERWISE FOUND APPROPRIATE PURSUANT TO THE NEW YORK STATE  OPEN  EDUCA-
 TION  RESOURCES  COUNCIL ESTABLISHED IN SECTION SEVEN HUNDRED THIRTY-ONE
 OF THIS ARTICLE AND THE NEW YORK  STATE  DIGITAL  OPEN  SOURCE  LIBRARY,
 ESTABLISHED IN SECTION SEVEN HUNDRED THIRTY-TWO OF THIS ARTICLE.
   §  731.  NEW  YORK  STATE OPEN EDUCATION RESOURCES COUNCIL. 1. THE NEW
 YORK STATE OPEN EDUCATION RESOURCES COUNCIL IS HEREBY ESTABLISHED IN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06470-01-9

 A. 2961                             2
 
 STATE UNIVERSITY OF NEW YORK. THE COUNCIL SHALL BE COMPOSED  OF  FACULTY
 LEADERS  FROM  STATE  UNIVERSITY  OF NEW YORK INSTITUTIONS AND COMMUNITY
 COLLEGES.
   2.  THE COUNCIL SHALL HAVE NINE MEMBERS: FIVE MEMBERS SHALL BE FACULTY
 OF THE STATE UNIVERSITY OF NEW YORK, SELECTED BY THE UNIVERSITY  FACULTY
 SENATE, AND FOUR MEMBERS SHALL BE COMMUNITY COLLEGE FACULTY, SELECTED BY
 THE  FACULTY COUNCIL OF COMMUNITY COLLEGES.  APPOINTMENTS TO THE COUNCIL
 SHALL BE MADE NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE.
   3. THE COUNCIL SHALL BE  RESPONSIBLE  FOR  ACCOMPLISHING  ALL  OF  THE
 FOLLOWING:
   (A)(I)  DEVELOPMENT  OF A LIST OF FIFTY STRATEGICALLY SELECTED COURSES
 FOR WHICH HIGH-QUALITY, AFFORDABLE, DIGITAL OPEN  SOURCE  TEXTBOOKS  AND
 RELATED  MATERIALS  SHALL  BE  DEVELOPED  OR  ACQUIRED  PURSUANT TO THIS
 SECTION.
   (II) IN DEVELOPING THE COURSE LIST PURSUANT  TO  THIS  PARAGRAPH,  THE
 COUNCIL SHALL CONSIDER THE EXTENT TO WHICH THE SELECTED COURSES:
   (A) ARE AMONG THE MOST HIGHLY ENROLLED COURSES WITHIN STATE UNIVERSITY
 OF NEW YORK INSTITUTIONS AND AT COMMUNITY COLLEGES;
   (B)  ARE  LIKELY TO GENERATE SIGNIFICANT SAVINGS IN TEXTBOOK COSTS FOR
 STUDENTS;
   (C) DEMONSTRATE RELATIVE CONSISTENCY IN CONTENT ACROSS EXISTING  TEXT-
 BOOK PRODUCTS;
   (D)  PROVIDE  OPPORTUNITIES  FOR  FACULTY TO AUGMENT THE OPEN TEXTBOOK
 WITH FREE FACULTY-AUTHORED MATERIALS OR OTHER FREE OPEN EDUCATION  MATE-
 RIALS FROM EXISTING DIGITAL LIBRARIES AND COLLECTIONS;
   (E)  ARE CONDUCIVE TO DISCIPLINE-BASED PEDAGOGIES THAT CAN BE ENHANCED
 WITH DIGITAL RESOURCES AND INTERACTIVITY  TO  SUPPORT  IMPROVED  STUDENT
 LEARNING SUCCESS.
   (B) CREATION AND ADMINISTRATION OF A STANDARDIZED, RIGOROUS REVIEW AND
 APPROVAL  PROCESS FOR OPEN SOURCE TEXTBOOKS AND RELATED MATERIALS DEVEL-
 OPED OR ACQUIRED PURSUANT TO THIS SECTION.   THIS PROCESS  SHALL  ENSURE
 THAT  ALL  OPEN  SOURCE  TEXTBOOKS  AND  RELATED  MATERIALS DEVELOPED OR
 ACQUIRED PURSUANT TO THIS SECTION HAVE  BEEN  TESTED  AND  VALIDATED  AS
 HAVING  MET  ACCESSIBILITY  REQUIREMENTS  FOR STUDENTS WITH DISABILITIES
 BEFORE APPROVAL AND RELEASE. THE TEXTBOOKS  AND  OTHER  MATERIALS  SHALL
 INCLUDE  DOCUMENTATION  FOR  STUDENTS  WITH  DISABILITIES THAT DESCRIBES
 AVAILABLE ACCESSIBILITY FEATURES.
   (C) PROMOTION OF STRATEGIES FOR PRODUCTION, ACCESS, AND  USE  OF  OPEN
 SOURCE MATERIALS.
   (D)  REGULARLY  SOLICITING  AND CONSIDERING, FROM STUDENT ASSOCIATIONS
 ADVICE AND GUIDANCE ON OPEN SOURCE EDUCATION TEXTBOOKS AND RELATED MATE-
 RIALS.
   4. THE COUNCIL SHALL ESTABLISH  A  COMPETITIVE  REQUEST  FOR  PROPOSAL
 PROCESS  IN  WHICH  FACULTY  MEMBERS,  PUBLISHERS,  AND OTHER INTERESTED
 PARTIES MAY APPLY FOR FUNDS TO PRODUCE THE FIFTY HIGH-QUALITY,  AFFORDA-
 BLE,  DIGITAL  OPEN  SOURCE  TEXTBOOKS AND RELATED MATERIALS PURSUANT TO
 THIS SECTION.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  LIMIT
 OR  RESTRICT  THE  COUNCIL  FROM  DEVELOPING  OR ACQUIRING, EITHER FOR A
 CHARGE OR FOR FREE, EXISTING HIGH-QUALITY DIGITAL OPEN SOURCE  TEXTBOOKS
 AND  RELATED  MATERIALS  THAT  OTHERWISE MEET THE SPECIFICATIONS OF THIS
 SECTION.
   5. THE COUNCIL SHALL SUBMIT A REPORT TO THE LEGISLATURE AND THE GOVER-
 NOR ON THE PROGRESS OF THE IMPLEMENTATION OF THIS SECTION NO LATER  THAN
 SIX  MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND SUBMIT A FINAL
 REPORT BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO.

 A. 2961                             3
 
   6. THE TEXTBOOKS AND OTHER MATERIALS PRODUCED PURSUANT TO THIS SECTION
 SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS:
   (A)  THE  TEXTBOOKS  AND  OTHER  MATERIALS ARE PLACED UNDER A CREATIVE
 COMMONS ATTRIBUTION LICENSE THAT ALLOWS OTHERS TO USE,  DISTRIBUTE,  AND
 CREATE  DERIVATIVE  WORKS  BASED  UPON  THE DIGITAL MATERIAL WHILE STILL
 ALLOWING THE AUTHORS OR CREATORS TO RECEIVE CREDIT FOR THEIR EFFORTS.
   (B) THE TEXTBOOKS AND OTHER MATERIALS ARE MODULAR IN  ORDER  TO  ALLOW
 EASY  CUSTOMIZATION,  AND  ARE  ENCODED IN AN EXTENSIBLE MARKUP LANGUAGE
 (XML) FORMAT, OR OTHER APPROPRIATE SUCCESSOR FORMAT,  AND  ARE  DESIGNED
 AND  DELIVERED  TO ACHIEVE INTEROPERABILITY ENABLING THE MATERIALS TO BE
 MADE AVAILABLE RELIABLY AND SUCCESSFULLY ON THE WIDEST POSSIBLE RANGE OF
 PLATFORMS, SUCH AS THE INTERNET, TABLETS, SMARTPHONES, PRINT,  OR  OTHER
 PLATFORMS.
   (C)  THE  TEXTBOOKS  AND  OTHER MATERIALS CONFORM TO THE MOST CURRENT,
 RATIFIED STANDARDS UNDER SECTION 508 OF THE FEDERAL  REHABILITATION  ACT
 OF 1973 (29 U.S.C. SEC.  794D), AS AMENDED, AND THE WEB CONTENT ACCESSI-
 BILITY  GUIDELINES ADOPTED BY THE WORLD WIDE WEB CONSORTIUM FOR ACCESSI-
 BILITY. THE TEXTBOOKS AND OTHER MATERIALS SHALL BE FURNISHED TO COLLEGES
 AND UNIVERSITIES FOR DISTRIBUTION TO STUDENTS WITH PRINT DISABILITIES.
   (D) THE TEXTBOOKS AND OTHER MATERIALS ARE  SUBMITTED  TO,  AND  HOUSED
 WITHIN, THE NEW YORK STATE OPEN SOURCE DIGITAL LIBRARY.
   §  732.  NEW  YORK  STATE OPEN SOURCE DIGITAL LIBRARY. 1. THE NEW YORK
 STATE OPEN SOURCE DIGITAL LIBRARY IS HEREBY ESTABLISHED,  AND  SHALL  BE
 ADMINISTERED  BY  THE STATE UNIVERSITY OF NEW YORK, IN COORDINATION WITH
 THE STATE'S COMMUNITY COLLEGES, FOR THE PURPOSE OF HOUSING  OPEN  SOURCE
 MATERIALS WHILE PROVIDING AN INTERNET WEB-BASED WAY FOR STUDENTS, FACUL-
 TY, AND STAFF TO EASILY FIND, ADOPT, UTILIZE, OR MODIFY COURSE MATERIALS
 FOR LITTLE OR NO COST.
   2.  ALL  MATERIAL  IN  THE  NEW YORK STATE OPEN SOURCE DIGITAL LIBRARY
 SHALL BEAR A CREATIVE COMMONS ATTRIBUTION LICENSE THAT ALLOWS OTHERS  TO
 USE,  DISTRIBUTE,  AND  CREATE  DERIVATIVE  WORKS BASED UPON THE DIGITAL
 MATERIAL WHILE STILL ALLOWING THE AUTHORS OR CREATORS OF THE MATERIAL TO
 RECEIVE CREDIT FOR THEIR EFFORTS.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MANDATE  FACULTY  USE
 OF ANY PARTICULAR TEXTBOOK OR RELATED MATERIALS.
   §  733. OPEN EDUCATIONAL RESOURCES ADOPTION INCENTIVE PROGRAM. 1.  THE
 STATE UNIVERSITY OF NEW YORK SHALL HEREBY ESTABLISH AN OPEN  EDUCATIONAL
 RESOURCES  ADOPTION  INCENTIVE PROGRAM.  WITH MONEYS APPROPRIATED THERE-
 FOR, THE PROGRAM SHALL FURTHER THE FOLLOWING PURPOSES:
   (A) FACULTY PROFESSIONAL DEVELOPMENT,  WHICH  SHALL  INCLUDE  LEARNING
 ABOUT  THE NEW YORK STATE OPEN SOURCE DIGITAL LIBRARY ESTABLISHED PURSU-
 ANT TO SECTION SEVEN HUNDRED THIRTY-TWO OF  THIS  ARTICLE.  FACULTY  WHO
 PARTICIPATE  IN  THIS  PROFESSIONAL  DEVELOPMENT  SHALL BE REIMBURSED IN
 ACCORDANCE WITH THEIR CAMPUS'  APPROVED  PLAN  ESTABLISHED  PURSUANT  TO
 SECTION SEVEN HUNDRED THIRTY-FOUR OF THIS ARTICLE.
   (B)  PROFESSIONAL  DEVELOPMENT FOR STAFF WHOSE WORK SUPPORTS PROVIDING
 STUDENTS WITH OPEN EDUCATIONAL RESOURCES.
   (C) OPEN EDUCATIONAL RESOURCE CURATION ACTIVITIES. ALL NEW OPEN EDUCA-
 TIONAL RESOURCES DEVELOPED AND AVAILABLE  THAT  ARE  ADOPTED  AS  COURSE
 MATERIAL  PURSUANT  TO THIS PROGRAM SHALL BE ADDED TO THE NEW YORK STATE
 OPEN SOURCE DIGITAL LIBRARY.
   (D) CURRICULUM MODIFICATION AND REQUISITE RELEASE TIME FOR FACULTY  IN
 ACCORDANCE  WITH  A  CAMPUS'  APPROVED  PLAN  PURSUANT  TO SECTION SEVEN
 HUNDRED THIRTY-FOUR OF THIS ARTICLE RELATED  TO  THE  ADOPTION  OF  OPEN
 EDUCATIONAL RESOURCES AS COURSE MATERIALS.

 A. 2961                             4
 
   (E)  TECHNOLOGY  SUPPORT  FOR  FACULTY, STUDENTS, AND STAFF WHOSE WORK
 FURTHERS THE GOALS SPECIFIED IN A  CAMPUS'  APPROVED  PLAN  PURSUANT  TO
 SECTION SEVEN HUNDRED THIRTY-FOUR OF THIS ARTICLE.
   2.  MONEYS  APPROPRIATED  FOR THE PROGRAM SHALL NOT BE USED FOR DIRECT
 COMPENSATION FOR FACULTY MEMBERS WHO ADOPT OPEN  EDUCATIONAL  RESOURCES,
 EXCEPT  AS  PROVIDED TO COMPENSATE FOR PROFESSIONAL DEVELOPMENT PURSUANT
 TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR  FOR  PURCHASING
 NEW EQUIPMENT.
   3.  FOR  THE  PURPOSES  OF  THIS ARTICLE, "OPEN EDUCATIONAL RESOURCES"
 MEANS HIGH-QUALITY  TEACHING,  LEARNING,  AND  RESEARCH  RESOURCES  THAT
 RESIDE  IN THE PUBLIC DOMAIN OR HAVE BEEN RELEASED UNDER AN INTELLECTUAL
 PROPERTY LICENSE, SUCH AS A CREATIVE COMMONS LICENSE, THAT PERMITS THEIR
 FREE USE AND REPURPOSING BY OTHERS, AND MAY INCLUDE OTHER RESOURCES THAT
 ARE LEGALLY AVAILABLE AND FREE OF COST TO  STUDENTS.  "OPEN  EDUCATIONAL
 RESOURCES" INCLUDE, BUT ARE NOT LIMITED TO, FULL COURSES, COURSE MATERI-
 ALS,  MODULES,  TEXTBOOKS,  FACULTY-CREATED  CONTENT,  STREAMING VIDEOS,
 TESTS, SOFTWARE, AND ANY OTHER TOOLS, MATERIALS, OR TECHNIQUES  USED  TO
 SUPPORT ACCESS TO KNOWLEDGE.
   §  734.  OPEN  EDUCATIONAL RESOURCES ADOPTION INCENTIVE PROGRAM CAMPUS
 PLAN. 1. IN ORDER TO  PARTICIPATE  IN  THE  OPEN  EDUCATIONAL  RESOURCES
 ADOPTION  INCENTIVE PROGRAM, THE LOCAL FACULTY SENATE OF A CAMPUS OF THE
 STATE UNIVERSITY OF NEW YORK OR OF A COMMUNITY COLLEGE SHALL:
   (A) ADOPT A LOCAL CAMPUS RESOLUTION  TO  INCREASE  STUDENT  ACCESS  TO
 HIGH-QUALITY OPEN EDUCATIONAL RESOURCES AND REDUCE THE COST OF TEXTBOOKS
 AND  SUPPLIES FOR STUDENTS IN COURSE SECTIONS FOR WHICH OPEN EDUCATIONAL
 RESOURCES ARE TO BE ADOPTED TO ACCOMPLISH COST SAVINGS FOR STUDENTS; AND
   (B) APPROVE A PLAN, IN COLLABORATION WITH STUDENTS AND CAMPUS ADMINIS-
 TRATION, THAT DESCRIBES EVIDENCE OF THE FACULTY'S COMMITMENT  AND  READ-
 INESS TO EFFECTIVELY USE GRANT FUNDS TO SUPPORT FACULTY ADOPTION OF OPEN
 EDUCATIONAL RESOURCES.
   2.  (A)  THE PLAN APPROVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 MAY DETAIL TECHNOLOGICAL OR STAFF SUPPORT TO INCREASE  THE  ADOPTION  OF
 OPEN EDUCATIONAL RESOURCES. THE PLAN SHALL DESCRIBE HOW THE FACULTY WILL
 LEARN  ABOUT  THE  NEW  YORK STATE OPEN SOURCE DIGITAL LIBRARY AND OTHER
 EXISTING OPEN EDUCATIONAL RESOURCES.
   (B) THE PLAN SHALL INCLUDE THE NUMBER OF ACADEMIC DEPARTMENTS EXPECTED
 TO BE INVOLVED IN  THE  PLAN'S  IMPLEMENTATION,  THE  NUMBER  OF  COURSE
 SECTIONS  IN  WHICH  OPEN  EDUCATIONAL  RESOURCES  WILL  BE ADOPTED, THE
 PERCENTAGE OF COST SAVINGS FOR STUDENTS ANTICIPATED ON  ACCOUNT  OF  THE
 ADOPTION  OF  OPEN  EDUCATIONAL  RESOURCES  FOR  EACH  OF  THESE  COURSE
 SECTIONS,  THE  WAYS  EXISTING  FACULTY  DEVELOPMENT  PROGRAMS  WILL  BE
 ENHANCED  BY  THE PLAN'S IMPLEMENTATION, AND THE MECHANISMS THAT WILL BE
 USED TO DISTRIBUTE ADOPTED OPEN EDUCATIONAL RESOURCES TO STUDENTS.
   (C) AT THEIR DISCRETION, FACULTY MAY CHOOSE, FOR COURSES THAT  ARE  TO
 ADOPT  OPEN  EDUCATIONAL RESOURCES UNDER THE PLAN, APPROPRIATE RESOURCES
 FOR ANY OF THE FIFTY STRATEGICALLY SELECTED COURSES  IDENTIFIED  BY  THE
 NEW YORK STATE OPEN EDUCATION RESOURCES COUNCIL PURSUANT TO SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIR-
 TY-ONE  OF  THIS  ARTICLE.  OTHER OPEN EDUCATIONAL RESOURCES MAY ALSO BE
 USED.
   (D) THE PLAN SHALL DESCRIBE HOW THE CAMPUS WILL PROVIDE ACCESS TO OPEN
 EDUCATIONAL RESOURCE MATERIALS FOR STUDENTS, INCLUDING  HOW  THE  CAMPUS
 WILL MAKE HARD COPIES OF THESE MATERIALS AVAILABLE FOR STUDENTS WHO LACK
 ACCESS  TO  THESE MATERIALS OFF CAMPUS AND MAKE IT POSSIBLE FOR STUDENTS
 WITH SUCH ACCESS TO PRINT HARD COPIES.

 A. 2961                             5
 
   (E) THE PLAN SHALL IDENTIFY THE AMOUNT OF THE GRANT  REQUESTED.    THE
 AMOUNT  OF  THE  GRANT  REQUESTED  SHALL  BE EQUAL TO, OR LESS THAN, THE
 NUMBER OF COURSE SECTIONS IN WHICH BOTH OPEN EDUCATIONAL RESOURCES  WILL
 BE  ADOPTED AND COST SAVINGS FOR THE COURSE SECTION WILL BE GREATER THAN
 THIRTY PERCENT, MULTIPLIED BY ONE THOUSAND DOLLARS. THE AMOUNT REQUESTED
 SHALL NOT BE GREATER THAN FIFTY THOUSAND DOLLARS. A PLAN SHALL COMMIT TO
 ACHIEVING  GREATER  THAN  THIRTY  PERCENT  COST  SAVINGS IN AT LEAST TEN
 COURSE SECTIONS.
   (F) THE PLAN SHALL INCLUDE THE PERCENTAGE OF  COST  SAVINGS  FOR  EACH
 COURSE  SECTION  CALCULATED  AS  FOLLOWS: THE PERCENTAGE OF COST SAVINGS
 SHALL BE THE ESTIMATED DECREASE IN THE COSTS OF BOOKS AND SUPPLIES FOR A
 COURSE SECTION IN THE CURRENT TERM RESULTING FROM THE ADOPTION  OF  OPEN
 EDUCATIONAL  RESOURCES  FOR THAT COURSE SECTION, DIVIDED BY THE COSTS OF
 BOOKS AND SUPPLIES FOR THAT COURSE SECTION IN THE IMMEDIATELY  PRECEDING
 ACADEMIC TERM.
   3.  THE  NEW  YORK  STATE OPEN EDUCATION RESOURCES COUNCIL MAY PROVIDE
 EXPERTISE ON AVAILABLE OPEN EDUCATIONAL RESOURCES AND BEST PRACTICES FOR
 THE ADOPTION OF OPEN  EDUCATIONAL  RESOURCES  FOR  EXISTING  COURSES  TO
 ASSIST IN THE DEVELOPMENT OF THE PLAN.
   4. (A) THE LOCAL FACULTY SENATE OF A CAMPUS OF THE STATE UNIVERSITY OF
 NEW  YORK  OR  THE  COMMUNITY COLLEGES MAY SUBMIT THE RESOLUTION AND THE
 PLAN DEVELOPED PURSUANT TO THIS SECTION  TO  THE  NEW  YORK  STATE  OPEN
 EDUCATION  RESOURCES  COUNCIL AS ITS APPLICATION FOR AN INITIAL GRANT NO
 LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY.
   (B) (I) THE NEW YORK STATE OPEN EDUCATION RESOURCES COUNCIL SHALL MAKE
 AN INITIAL GRANT TO A CAMPUS WITHIN SIXTY DAYS OF THE COUNCIL'S  RECEIPT
 OF  THE CAMPUS' APPLICATION IF THE CAMPUS HAS SATISFIED THE REQUIREMENTS
 OF THIS SECTION. THE NEW YORK STATE OPEN EDUCATION RESOURCES COUNCIL MAY
 AWARD UP TO FIFTY INITIAL GRANTS.
   (II) IF THE TOTAL AMOUNT REQUESTED IN APPLICATIONS  RECEIVED  PURSUANT
 TO  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  IS EQUAL TO OR LESS THAN TWO
 MILLION DOLLARS, THE NEW YORK STATE  OPEN  EDUCATION  RESOURCES  COUNCIL
 SHALL  MAKE  GRANTS  FOR  EACH  APPROVED APPLICATION EQUAL TO THE AMOUNT
 REQUESTED IN THE APPLICATION. IF THE TOTAL AMOUNT REQUESTED IN  APPLICA-
 TIONS  RECEIVED  PURSUANT  TO SUBPARAGRAPH (I) OF THIS PARAGRAPH EXCEEDS
 TWO MILLION DOLLARS, THE NEW YORK STATE OPEN EDUCATION RESOURCES COUNCIL
 SHALL MAKE GRANTS FOR THE FULL AMOUNT REQUESTED IN APPROVED APPLICATIONS
 ON A COMPETITIVE BASIS BASED ON THE STRENGTH OF THE EVIDENCE PROVIDED OF
 FACULTY COMMITMENT TO THE ADOPTION OF OPEN EDUCATIONAL RESOURCES.
   (C) EACH APPLICATION APPROVED BY THE NEW  YORK  STATE  OPEN  EDUCATION
 RESOURCES COUNCIL SHALL BE SUBMITTED BY THE COUNCIL TO THE CHANCELLOR OF
 THE  STATE  UNIVERSITY  OF  NEW YORK NO LATER THAN THIRTY DAYS AFTER THE
 COUNCIL APPROVES THE APPLICATION. THE CHANCELLOR SHALL AWARD  GRANTS  TO
 RECIPIENTS IN ACCORDANCE WITH THIS SECTION.
   (D)  ADMINISTRATIVE  SUPPORT MAY BE PROVIDED TO THE COUNCIL BY THE NEW
 YORK STATE OPEN SOURCE DIGITAL LIBRARY TO HELP THE COUNCIL CARRY OUT ITS
 DUTIES IN ACCORDANCE WITH THIS PART.
   5. (A) NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE, A CAMPUS
 MAY APPLY FOR A BONUS GRANT EQUAL TO THE AMOUNT OF  ITS  INITIAL  GRANT.
 THE  APPLICATION  SHALL  INCLUDE  EVIDENCE  THAT  THE  CAMPUS HAS MET OR
 EXCEEDED TOTAL COST SAVINGS OF  GREATER  THAN  THIRTY  PERCENT  FOR  THE
 REQUIRED  NUMBER  OF  COURSE SECTIONS SPECIFIED IN THE APPROVED PLAN FOR
 THE CAMPUS' INITIAL GRANT IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE ACADEMIC YEAR.

 A. 2961                             6

   (B) A CAMPUS MAY ALSO COMPUTE THE TOTAL COST SAVINGS FOR  EACH  COURSE
 SECTION  AND  INCLUDE  THAT  FIGURE IN ITS APPLICATION FOR A BONUS GRANT
 PURSUANT TO THIS SUBDIVISION.
   (C) THE TOTAL COST SAVINGS FOR EACH COURSE SECTION SHALL BE THE NUMBER
 OF  STUDENTS  ENROLLED IN A COURSE SECTION MULTIPLIED BY THE PER-STUDENT
 DECREASE IN THE COSTS OF BOOKS AND SUPPLIES FOR THE  COURSE  SECTION  IN
 THE TERM RESULTING FROM THE ADOPTION OF OPEN EDUCATIONAL RESOURCES.
   (D)  BONUS  GRANTS  SHALL  BE USED TO FURTHER THE GOALS OF THE CAMPUS'
 APPROVED PLAN FOR ITS INITIAL GRANT.
   (E) IF THE TOTAL AMOUNT REQUESTED IN  APPLICATIONS  FOR  BONUS  GRANTS
 EXCEEDS  THE  TOTAL  AMOUNT  OF FUNDS AVAILABLE, THE NEW YORK STATE OPEN
 EDUCATION RESOURCES COUNCIL SHALL AWARD GRANTS ON A COMPETITIVE BASIS TO
 APPROVED APPLICATIONS FOR THE FULL AMOUNT OF THE INITIAL GRANT BASED  ON
 THE  OVERALL  PERCENTAGE  SAVINGS  ACHIEVED  BY  THE INITIAL PLAN IN THE
 COURSES COVERED BY THE PLAN.
   6. THE NEW YORK STATE OPEN EDUCATION RESOURCES COUNCIL,  IN  CONSULTA-
 TION  WITH  THE NEW YORK STATE OPEN SOURCE DIGITAL LIBRARY, SHALL REPORT
 TO THE LEGISLATURE, BEFORE SEPTEMBER FIRST EACH YEAR, COMMENCING IN  TWO
 THOUSAND TWENTY-TWO, AS TO WHETHER THE GRANTS ARE INCREASING THE RATE OF
 ADOPTION OF OPEN EDUCATIONAL RESOURCES AND DECREASING TEXTBOOK COSTS FOR
 COLLEGE STUDENTS.
   §  3.   Notwithstanding any other provision of law, rule or regulation
 to the contrary, funds obtained as the result of any settlement with the
 office of the attorney general shall be used to  provide  assistance  to
 the  state  university  of New York for the purposes of carrying out the
 provisions of this act. Such monies shall  be  disbursed  to  the  state
 university of New York to be used for any services or expenses in carry-
 ing  out  the  provisions  of  this  act;  provided  that  no  more than
 $5,000,000 shall be made available from settlement revenue. As  used  in
 this  section,  the  term "settlement revenue" shall mean the sum of all
 revenue received as a result of litigation with the office of the attor-
 ney general.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law and shall expire and be deemed repealed July 1, 2024.